The federal and state government have given conflicting messages as to the rights of kids with IEPs and 504 plans during the pandemic and the accompanying remote learning programs. On the one hand, the Department of Education and the Illinois State Board of Education have made clear that IEPs and 504 plans remain in effect and that schools must provide programming to meet the needs of these students. 

On the other hand, both the Department of Education and ISBE have said that schools are allowed to implement the plans with flexibility, providing for the programs and services in ways that may not look like they did in school. This unspecified flexibility opens a loophole a Mac truck could drive through. Sadly, much of the uncertainty will likely need to be resolved through mediation, state complaints and due process hearings and litigation.

 

In the meantime, ISBE has been clear, as recently as a few weeks ago, that Districts' remote learning plans must take into account the ability of the student to physically and cognitively engage with and benefit from the proposed remote learning. If a parent feels that the remote learning plan is inadequate, they have a right to ask the school staff for more help and ways to support the student and the family. If those requests are unheeded or the response is insufficient, parents have the right to request an IEP meeting. If that also doesn't result in an effective program, the parents retain the right to request mediation or a due process hearing or file a state complaint.

 

We strongly encourage parents, if possible, to actively keep data on how their student is performing, including both on weekly work, on IEP goals and objectives and on their overall functioning. We also suggest that parents log the amount of time they have to spend supporting the student and any difficulties they encounter, as well as how much time the school staff are spending in live interaction with the child. This information is important in helping the parent and the school staff determine 1) if the student needs more support right now, 2) at what level the child is functioning when regular school begins, 3) as well as providing information relevant to determining if there is a basis for compensatory education.

 

I strongly encourage families to seek more help from their district if their child is struggling. Requests should be made respectfully and with understanding of the difficult circumstances that schools and teachers face. At the same time, backed by the data I described above, the parents

should seek more help when things are not working and realize that they still have the same rights parents and children had before.