In this post, I am going to highlights considerations for special education educations students where a local education agency (LEA), such as a school or district, has initiated a remote learning plan. Below are some specific pieces from the report I have pulled where I also add my thoughts.
If an LEA continues to provide educational opportunities to the general student population during a school closure, the school must ensure that students with disabilities also have equal access to the same opportunities, including the provision of FAPE. (34 CFR §§ 104.4, 104.33 (Section 504) and 28 CFR § 35.130 (Title II of the ADA)). SEAs, LEAs, and schools must ensure that, to the greatest extent possible, each student with a disability can be provided the special education and related services identified in the student’s IEP developed under IDEA, or a plan developed under Section 504. (34 CFR §§ 300.101 and 300.201 (IDEA), and 34 CFR § 104.33 (Section 504).
The translation is pretty straightforward in my eyes. If your district or school has any sort of remote learning going on during a closure, then accommodations have to be met for kids that need them.
IEP teams may, but are not required to, include distance learning plans in a child’s IEP that could be triggered and implemented during a selective closure due to a COVID-19 outbreak. Such contingent provisions may include the provision of special education and related services at an alternate location or the provision of online or virtual instruction, instructional telephone calls, and other curriculum-based instructional activities, and may identify which special education and related services, if any, could be provided at the child’s home.
If your school has not closed yet, consider getting a contingency plan in place. In the case that you have already closed, IEP teams can meet physically (many schools are having just staff in to plan for remote learning) or virtually to modify plans. Protocols must be established to safeguard sensitive information.
The USDOE also released this fact sheet that outlines how to protect the civil rights of students during the COVID-19 outbreak.
Guidelines are one thing, but seeing what it looks like in the field is another. Thus, I decided to reach out to some educators in my home state of New Jersey. The NJDOE, under the leadership to Dr. Lamont Repollet, had every district develop a plan on March 5 well before any school closed. These then had to be submitted back to the NJDOE as soon as possible. Knowing that this was the case, I sent an inquiry to two administrators to see how their districts were serving special education students. Below you can see the comprehensive plans that have been implemented.
I would love to hear how your district or school is meeting IDEA requirements for your SPED students who are engaged in remote learning. Please consider sharing in the comments section below.
For more ideas follow #remotelearning on social media.