There Will Be an Initial Adjustment Period.
- If your school district is closing for the short- or long-term: It will be appropriate to advocate for your child’s needs, but necessary to be flexible and understanding particularly during the school district’s initial period of adjustment. Once teachers have been trained and a program of alternative/home instruction is being rolled out for the district, you can work with school staff on customizing that instruction for your child and preparing for your child’s eventual transition back to school.
Insist on Equality of Opportunity for Students with Disabilities.
- The U.S. Department of Education has made very clear that when a program of home/alternative instruction – such as online classes – is in place district-wide due to a school closure, students with disabilities must be afforded an equal opportunity to participate in that program. See U.S. DOE Guidance, Question A-1. This can include extensively customizing the program to meet individual needs.
Be Proactive, Creative and Offer Solutions.
- The U.S. Department of Education’s guidance does not allow school districts to ignore students who need special education during the pandemic. Rather, it calls for a flexible approach that provides as much instruction as possible while following health guidelines, such as by providing remote instruction and remote provision of related services. Parents have every right to participate in this process by proposing solutions (particular technology to be provided by the school; particular methods of remote instruction) that work for their child.
When School Closures Are Coming to an End, Compensatory Education Can Be Considered.
- Children with disabilities who have missed school because of district-wide closure or because they were infected, quarantined, or at high risk are eligible for Committee on Special Education (“CSE”) consideration of compensatory education, i.e., extra instruction and services to make up for lost time. See U.S. DOE Guidance, Questions A-1 and A-2.
If Your School is Not Yet Closed, Consider Adding a Contingency Plan to Your Child’s IEP.
- The U.S. Department of Education has made clear that, if your school district has not yet closed, a CSE meeting can be held to plan in advance for the needs of a child with a disability in the event of a school closure. See U.S. DOE Guidance, Question A-5. When it comes to scheduling such a meeting, we recommend being thoughtful of the overall demands on your school district, especially if school closure is imminent or it is otherwise overwhelmed.
If Your Child Misses School Because Your Child Is Infected, Quarantined or Is Immuno-compromised or Otherwise at High Risk, a CSE Meeting Can Be Held to Make a Long-Term Plan.
- If your child will miss school for more than ten days not due to a district-wide school closure, but because your child is infected, immuno-compromised or otherwise at high risk, the U.S. Department of Education has made clear that a CSE meeting should be held to make the best possible long-term plan. Such a plan could include home-instruction or an alternative placement. See U.S. DOE Guidance, Question A-2. Although the U.S. Department of Education has not made it completely clear, this guidance likely also applies to children who are quarantined (whether or not the children are actually infected or at high medical risk).
We Expect CSE Meetings Can Be Held Telephonically.
- When it comes to scheduling, be gracious, flexible, and considerate of Districts that are under short-term strain. However, in general planning for students should not be neglected and CSE meetings can and should be held telephonically.
If You Have a Special Education Case that Is in an Administrative Hearing or Court, You May Be Able to Move Forward with Some Procedural Adjustments.
- Administrative hearing officers have largely moved to telephonic hearings but most are still conducting hearings. The U.S. District Courts for the Southern and Eastern Districts of New York are still processing cases as of this time, with a special order in effect calling for Court Security Officers to screen people who enter the courthouses for symptoms of the virus or exposure to it. We expect that most judges will decide, on an individual basis, to reschedule in-person hearings as telephonic hearings.
Major Guidance Documents.
And remember, we are here to help. Please call us if you experience any issues or have questions about your child’s specific needs.
