The Department has released new information clarifying that Federal law should not be used to prevent schools from offering distance learning opportunities to all students, including students with disabilities. This new resource from the Office for Civil Rights (OCR) and the Office of Special Education and Rehabilitative Services (OSERS) explains that as a school district takes necessary steps to address the health, safety, and well-being of all its students and staff, educators can use distance learning opportunities to serve all students. This guidance specifically states: “To be clear: ensuring compliance with the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act (Section 504), and Title II of the Americans with Disabilities Act should not prevent any school from offering educational programs through distance instruction.” It is important to emphasize that federal disability law allows for flexibility in determining how to meet the individual needs of students with disabilities. How FAPE is determined and provided may need to be different during this time of unprecedented national emergency. We need to be cognizant of the need to protect the health and safety of students with disabilities and our educators providing special education and related services to our children. “Where, due to the global pandemic and resulting closures of schools, there has been an inevitable delay in providing services – or even making decisions about how to provide services - IEP teams (as noted in the March 12, 2020 guidance) must make an individualized determination whether and to what extent compensatory services may be needed when schools resume normal operations.” I am happy that the Dept of Ed sent out this guidance to address any misunderstandings that have potentially made some educators reluctant to provide any distance instruction due to their understandings regarding potential issues surrounding remote education. This guidance demonstrates that schools should not opt to close or decline distance instruction, and Districts should make local decisions that take into consideration the health, safety, and well-being of all their students and staff.