After talking to colleagues who are fielding questions from districts and special education personnel, it is clear that there is a lot of unclear information and misinformation out there. One lady called to ask about something else and then said the special education director in her district had called in all of the diagnosticians to help develop plans to continue education for students with identified disabilities during the extended spring break period. After clarifying that the director indeed was saying that students served under special education needed to receive their special education and related services even though students in the general population were on an extended break, we were able to talk the concerned educator off the ledge.
The Department of Education has created a Q and A guidance document to assist schools in dealing with these issues during closures and alternative education delivery resulting from the COVID-19 outbreak. I am not a lawyer and this is not legal advice, but according to this document, if school is closed for the general population, then the local education agency would not be required to provide services to students with disabilities.
Another educator called and said that their district had posted some websites and activities that parents could use to keep their kids’ minds busy during the extended break. Promptly one mother called asking how these would be modified by the school for delivery for her child who had an identified disability. We explained that this was not instruction that the school provided, as such no accommodations or modifications had to be made to match this student’s individualized education program (IEP). Finally, since school was not actually even in session in any form (face-to-face, virtual, etc.) these were simply resources that parents could use if they so chose to keep their children busy and challenge their minds during the break.
However, when school resumes, whatever that looks like, virtual, telephone, online, etc., the school must make every effort to provide special education and related services in accordance with each student’s individualized education program (IEP). Additionally, students who are entitled to a free appropriate public education (FAPE) under Section 504 must receive their education consistent with a plan developed to meet the requirements of Section 504 for that student. Further, the document states that if a school provides general education during closure, the school must ensure that students with disabilities have equal access to the same opportunities.
Another interesting question was posed in asking if a student with an identified disability who was infected with COVID-19 was still entitled to special education and related services. The answer is, of course, yes. If the student is out for more than 10 days, an IEP team meeting should be held to make a change of placement and specialized instruction and related services consistent with the child’s IEP must be provided.
Although some states may do things differently, the Texas Education Agency put a link to the Department of Education document on the front page of the TEA website (Tea.texas.gov) and issued guidance that echoed that of the Department. TEA did issue their own Q and A document that proffered this; “Schools that close campuses and establish virtual learning environments or other alternative educational delivery methods, must ensure that planning addresses the provision of all services required in each student’s Individualized Education Program including both instructional and related services.”
And, since we do not know exactly what that looks like, TEA goes on to say that they will be providing further guidance. As previously stated, I am not an attorney (and have never played one on TV), but do know that common sense and trying to do right by students will go a long way should a problem arise. As you put your heads together to try to decide how to best provide services to students in these uncharted waters, think about what is best for the student and what keeps your education and service providers safe.
Let me personally thank you for what you do for God’s choicest possessions, our children. Though these times are interesting and different, let us take this opportunity to try exciting new things and expand the world of education into new frontiers. If I can help, let me know…I will be glad to come alongside and work with you in developing great plans for your students.
Clark Cavin Consulting 