Are you confused about special education rights during this extended school closures? You are in good company! The state and federal government published guidance only to retract and replace it a few weeks later. Districts’ interpretations of their responsibilities vary widely. Most students have been home for several weeks, and we are all wondering, what’s next?
Here’s what we do know:
(1) General Education: Next week (April 6, 2020), school districts are expected to have a remote learning plan in place. The plan should provide students with “meaningful and productive learning” for approximately half the length of a typical school day.
(2) FAPE: Districts are still obligated to provide a Free Appropriate Public Education (FAPE) to students with disabilities. Special education services may look different while school buildings are closed. Teams are urged to be flexible, but districts must still provide students FAPE “consistent with the need to protect the health and safety of students with disabilities and those individuals providing education, specialized instruction, and related services to these students.”
(3) Services: Districts are required to provide special education services during these extended school closures. In Massachusetts, school districts must notify parents about what IEP services will be provided. According to DESE, it is not necessary for a district to convene an IEP Team meeting in order to provide learning opportunities and services to students with disabilities during COVID-related school closures. Parents will not need to provide consent for these services. Importantly, the levels of services proposed and/or provided will not change the student’s IEP or “stay-put” rights—in other words, students’ current IEPs will remain in effect once schools reopen. Communication with parents is considered a critical component of implementing remote services.
(4) IEP Timelines: Special education timelines remain in effect but may be extended if the district and parents agree. Virtual IEP meetings are encouraged
(5) Compensatory Services: After these extended school closures are over, each students’ IEP Team must determine how the closure impacted the delivery of special education services and whether additional “compensatory” services are required.
If you have questions about your child’s educational rights, contact the attorneys at Wong & Boscarine today. We are open for business and operating remotely.