The special education landscape has changed dramatically in the past few weeks due to COVID-19 related closures. At first, state and federal agencies were asserting that schools need not provide any special education services if they did not provide any educational services at all to any student. This position was flawed and frankly wrong. In response, we joined with civil rights advocates from across the country to ensure students’ rights to a free appropriate public education (FAPE). As part of these efforts, we joined with other leaders and submitted this letter to the Massachusetts Department of Elementary and Secondary Education (DESE). A few days later we spoke directly with the Education Commissioner and explained even in these challenging circumstances the right to a FAPE is remains.
Yesterday, DESE issued an updated Special Education FAQ that affirmatively stated that school districts must provide a free and appropriate public education. You can read the full Special Education FAQ on our website. You can also read DESE’s Remote Learning Recommendations on our website, as well as a PowerPoint about the revised guidance presented by DESE to Special Education Directors. An important section of the updated Special Education FAQ states:
The United States Department of Education (USED) has stated that during this national emergency “school districts must provide a free and appropriate public education (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.” DESE recognizes that these unprecedented circumstances may affect how all educational and related services and supports are provided. While USED and DESE will offer flexibility where possible, USED has emphasized many disability-related modifications and services may be effectively provided remotely or online.
As a result, DESE is now directing districts to "make every effort to use creative strategies" in providing special education and related services remotely, including individual contact with Team members, packets of instruction and classwork, related services such as speech and language through video conferencing, and virtual group instruction. In particular, schools must have an IEP Team member communicate regularly with parents. Once schools open, IEP Teams are to convene to determine whether the school closure and alternative methods of service delivery entitle the student to compensatory services.
The revised guidance from both the U.S. Department of Education and DESE can be found on our COVID-19 resources page. We will continue to update that list as additional documents are issued.