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COVID-19 and Special Education
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 "A crisis within a crisis" is how an article in the New York Times (4-16-2020) described providing special education programs and services to students with disabilities during the COVID-19 crises.
As parents scramble to look for items they have at home that could suffice for manipulatives, as teachers struggle to provide services in their students' IEPs, and as administrators try to balance education and due process, the challenge to providing special education increases as the COVID-19 crisis extends over longer periods of time. Our administrators and program leaders of special education are especially challenged as there is no defined or correct method to adequately and equitably meet the needs of students in this upside-down/inside-out time period.
This brief provides some key points for traversing the special education maze during our state of emergency. We have referenced exact citations and/or the links to documents where the information may be found.
Quick Notes on FAPE
(free appropriate public education)
- Ensures students with disabilities have equal access to the same opportunities as peers without disabilities (SED guidance 3/27/2- paragraph 2)
- Districts must provide each student with a disability the special education and related services identified in the student's individualized education program (IEP), to the greatest possible extent. (SED guidance 3/27/20 Q.1)
- However, while providing such services consistent with FAPE, the school district must consider the need to protect the health of students and staff. (USDE guidance 3/21/20), paragraph 4)
- FAPE may include, as appropriate, special education and related services through distance instruction provided virtually, online, or telephonically. (USDE guidance 3/21,20, paragraph 5 )
Links and Location of Information
Quick Notes on Providing Services
- Develop, maintain, and document communications with parents and staff (SED guidance,3/27/20 paragraph 3)
- An IEP will most likely not be delivered exactly as the IEP states (USDE 3/21/20, paragraph 5)
- Special education and related services can be provided through distance instruction: provided virtually, online, or telephonically (USDE 3/21 paragraph 4)
- Consider practices such as distance instruction, teletherapy and tele-intervention, (SED 3/27/20 Q.4)
- Meetings may be held on digital platforms, (USDE 3/21 Q.9)
- Continue to utilize assistive technology as part of the continuity of learning. (SED, 3/27/20 memo Q2)
- Maintain ongoing progress data
- Document services missed
- Determine measures for individual student progress and documentation
Quick Notes on Compensatory Education
- Review how the closure of schools impacted the delivery of special education and related services
- When normal school operations resume, CSEs must determine whether and to what extent compensatory services are needed to address any skills that may have been lost (USDE 3/21/20 paragraph 6 and guidance USDE 3/12/20 Q. A-2)
Quick Notes on Due Process
- NYSED will be as flexible as federal and state law and regulation allow (SED guidance 3/27/20 Q.7)
- School districts are not required to amend student IEPs due to online or virtual learning modifications during the COVID-19 crisis, as it is considered an alternate mode of instructional delivery. (SED guidance 3/27/20 Q.3)
- School districts may agree to use alternative means of meeting participation requirements, such as video conferences and conference calls (SED guidance 3/27.20 Q.7)
- CSE membership may be flexible should a member not be able to attend. The parent and district may consent in writing to excuse the member ( SED guidance 3/27/20 Q.10)
- Document why and when due process meetings were not held (SED guidance 3/27/20 Q.7)
- Some evaluations that do not need face-to-face interactions may be conducted per parental request (SED guidance 3/27/20 Q.7)
- Impartial hearings have been provided flexibility ( SED guidance 4/16/20)
- Sixty- and 30-day time period will not include any days that the school is closed pursuant to Executive Order and SED Guidance 4/16/20
March 27,2020 ,SED memo:
Quick Notes on Funding
The CARES ACT includes a provision that the secretary of education provides a report to Congress on needed waivers from federal education law during the coronavirus pandemic. National associations such as NASSP and NAESP have submitted comments advocating for increased funding and waivers from due process timelines. SAANYS has been involved with these efforts, has signed on to letters to Congress, and continues to have discussions with state leaders to present building level and program administrators' concerns.
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