According to the Coronavirus Aid, Relief, and Economic Security Act - the CARES Act - the U.S. Secretary of Education, Betsy DeVos, needed to submit a report to Congress recommending what, if any, waivers/modifications/changes to the special education laws are needed now, considering what districts are juggling during the COVID-19 school closures.
On Monday, April 27 th , DeVos issued the report, which stated, “The Department is not requesting waiver authority for any of the core tenets of the IDEA or Section 504 of the Rehabilitation Act of 1973, most notably a free appropriate public education (FAPE) in the least restrictive environment (LRE)."
In DeVos'
report
to Congress, the secretary urged schools to use "creative and innovative" ways to serve students with disabilities during extended school closures due to the COVID-19 pandemic. Congress will now determine whether to formally approve DeVos' recommendations.
DeVos' only recommendations relating to the IDEA and our kids was for the temporary extension of the evaluation timeline for Part C to Part B transitions. But even this is not too bad for families becauses whatever services the child was receiving in Part C will remain in effect until the child is evaluated under Part B. And, eventually, when schools and offices reopen and the kids can be re-evaluated, new services and supports can be explored.
Secretary DeVos' report is a WIN for students with special needs and their families. This proves just how important these rules and laws are and just how strong they are. They cannot easily be taken away! KNOW YOUR RIGHTS! If your district tries to wiggle out of developing your child's IEP or following a hearing timeline, or providing your child with an appropriate education during this closure, GDPC can help!
