IMPORTANT Reminders from GDPC during Covid 19

Must-Do’s for Special Education During the COVID-19 Epidemic

DO be flexible with scheduling of phone calls and other requests to district staff, especially during the initial adjustment period.

Our Recommendation:

When a district is going through a sudden adjustment to online or remote instruction, be especially flexible when dealing with district staff.

Explanation:

Everyone who reviews this situation later on (including hearing officers and courts) will expect everyone involved to have acted reasonably and in good faith in light of the emergency. While we recommend continuing to speak up for the needs of children with disabilities, it will go a long way to be patient and flexible while the school district makes its initial adjustment and gets its program of online or remote instruction up and running.

DO keep a daily journal or log tracking your child's participation and educational progress.

Our Recommendation:

Keep track of your child's participation in online or remote instruction. How many minutes of effective instruction was your child able to receive on each weekday? What about the program is working and what is not working? Is your child able to access all academic subjects and related services? What parts are they partially or completely unable to access? A daily log or journal recording the number of minutes of effective instruction and services is best.

Explanation:

The U.S. Department of Education has indicated that when schools reopen, compensatory education (extra, make-up instruction or services, including possible summer instruction) should be considered for students with disabilities to prevent them from falling behind. Parents who have kept careful track of the educational services that their children were – and were not – able to access during a school closure will be in the best position to claim compensatory education.

DO participate in programs of online instruction, even when they are not working perfectly.

Our Recommendation:

Even if the school district's program OR private school’s program of online instruction has serious shortcomings, participate to the extent possible in good faith. When there are problems, raise the issues promptly in writing with school staff.

Explanation:

For children in-district: According to the U.S. Department of Education's recent guidance, compensatory education will be possible for many students with disabilities upon their return to school. Your child's claim for compensatory education will be strongest if you have participated to the extent possible in online or remote instruction offered by your school district, even if that instruction had shortcomings. Shortcomings should be raised promptly and in writing, but instruction should carry on.

For children in private school: Any claim for full tuition reimbursement or prospective payment of tuition will be strongest if you have participated to the extent possible in online or remote instruction offered by the private school, even if that instruction had shortcomings. Shortcomings should be raised promptly and in writing, but instruction should carry on.

DO communicate with school staff about how your child can better access instruction and services.

Our Recommendation:

Allow school staff a period of adjustment to get online or remote instruction up and running. As districts adapt to the new circumstances, start communicating with your child's teachers and committee on special education ("CSE") members about what is, and is not, working well with the online or remote instruction program. If problems are not resolved, consider requesting a (telephonic) meeting of the CSE to discuss changes, support or alternatives.

Explanation:

The U.S. Department of Education has made clear that when a district replaces in-person instruction with online or remote instruction during the COVID-19 epidemic, students with disabilities should not be left out, and the program should be customized for individual needs. The official Federal policy is to continue to include students with disabilities to the maximum extent possible, even when this requires modifying the program for particular students. Therefore, it is important to communicate your child's needs and how the program of online or remote instruction can be modified to better serve your child.

CSE meetings can continue to be held, by telephone as a "social distancing" measure.

DO communicate with school staff about how related services are to be provided.

Our Recommendation:

Proactively communicate with school staff about how related services can continue to be provided pursuant to your child's IEP. Send school staff an e-mail asking to make a plan for how related services can be provided during the school closure.

Explanation:

After allowing for an initial period of adjustment, districts should provide related services (e.g., counseling, speech-language therapy, physical therapy, etc.) pursuant to children's IEPs to the extent doing so is consistent with local public health guidelines. This may require exploring whether certain services can be provided remotely. If it is impossible for services to be provided directly, consider asking for telephone consultations with related service professionals to come up with exercises that you can do with your child at home to help prevent regression. Again, document each and every time a session is missed or a problem is encountered.

More Tips to Keep in Mind:

CSE meetings, even annual reviews, should not be cancelled during this turmultuous time. If there are specific circumstances that you are concerned about, call your attorney at GDPC, but generally, take these steps to ensure a successful virtual meeting:

Let the team know if you lack technology: If you have to participate remotely, but lack the appropriate equipment and software, request that your district temporarily loan you a laptop just for the meeting. In addition, make sure you have the right software. Screen-sharing software can give parents the opportunity to see the IEP as it is being written as well as follow along with assessment reports as they are being reviewed. As a back-up plan, or in case something malfunctions, ask for a toll-free line to call so you can at least participate by phone.

Create a meeting agenda in advance: Creating the meeting agenda in advance will streamline any web-based IEP meeting and keep everyone organized during what could otherwise be a very disorganized time. Also ask to receive relevant documents a few days before the meeting so you have time to absorb the information everyone will be discussing and so that everyone has them in hand when the meeting begins.

Use common sense: During the meeting, encourage everyone to refer to specific page numbers and sections in documents when talking to ensure everyone can follow along despite not being in the same room. Also, be patient. While we know all too well, these can be stressful meetings, this is a good time to be patient and understanding of mishaps.

Don't forget to record the meeting: This goes for all meetings, per GDPC, but don't forget during this unusual time. Virtual meetings can and should be recorded too!

As always, continue to call us if you run into any issues!

Children feeling hungry during this pandemic? School closures have you concerned about your kids not being able to eat breakfast or lunch? PLEASE let GDPC know. We are here to support you or someone you may know in any way we can.

WE WILL GET THROUGH THIS TOGETHER!