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.

The IDEA defines assistive technology (AT) device as any item, piece of equipment, or product system that is used to increase, maintain or improve “functional capabilities” of a child with a disability. An assistive technology service is any service that directly assists a child in selecting, acquiring or using an assistive technology device. The AT service includes evaluation, purchase, selection, designing, fitting, customizing, adapting, maintaining, and repairing of AT devices.

Many people think of AT as a device or service used by someone with a physical disability or communication deficits. AT, however, can be an instructional support to assist in communication, mobility, controlling parts of their environment, activities of daily living, education, and employment. Areas affected could be: communication (oral or written), visual access, auditory access, organization, memory, reading, writing, note taking, test taking, and homework. These “functional capabilities” can include many areas in your child’s IEP. For example, a student with Autism may benefit using AT for communication or social skills. Or, a child with an intellectual disability may benefit using a certain computer program which teaches math skills or spelling. It is important to ask your team what assistive technology your child may need to improve his or her functional capabilities.

Did you know that Assistive Technology devices and services must be considered during the development, review, and revision of the IEP? The needs of your child must be determined on an individual basis. If a student is found to need special education and related services, then he or she is entitled to an individual evaluation for possible AT devices. School Districts may tell a parent “we do not have that AT here,” or “we cannot buy that.” Hearing these statements (regarding any special education topic related to your child) should cause concern! I’ll repeat: The needs of your child must be determined on an individual basis. Ask to see any documentation or policy that supports the assertions. In addition, if you have been using an AT device, for example, through private tutoring or in your home, provide the Team with all documentation and data! Graph the data to show your child’s progress. Input from you is just as important as input of school district personnel. If the school disagrees with requests or information, the school district is required to offer you cogent and reasonable explanations for their decisions that show the IEP as written is reasonably calculated to enable your child to make progress “appropriate in light of his or her circumstances.” A lack of progress should lead to further evaluation to determine why your child is not making progress. Remember - the IEP must be based on an individualized evaluation of your child’s potential for growth, and your school has an obligation to inform themselves about this potential, not just your child’s present levels!