{"id":555,"date":"2020-07-23T21:59:58","date_gmt":"2020-07-23T21:59:58","guid":{"rendered":"http:\/\/blogs.luc.edu\/edlawinstitute\/?p=555"},"modified":"2020-07-23T21:59:58","modified_gmt":"2020-07-23T21:59:58","slug":"covid-19-and-its-impact-on-the-individuals-with-disabilities-education-act-idea-by-carrie-park","status":"publish","type":"post","link":"https:\/\/blogs.luc.edu\/edlawinstitute\/covid-19-and-its-impact-on-the-individuals-with-disabilities-education-act-idea-by-carrie-park\/","title":{"rendered":"COVID-19 and its Impact on the Individuals with Disabilities Education Act (IDEA), by Carrie Park"},"content":{"rendered":"

Nationwide School Closures\u00a0<\/span><\/b>\u00a0<\/span><\/p>\n

With the\u00a0<\/span>exponential\u00a0<\/span>rise of\u00a0<\/span>COVID-19<\/span>\u00a0positive cases<\/span>\u00a0<\/span>throughout the<\/span>\u00a0United States, schools\u00a0<\/span>have\u00a0<\/span>found themselves in unmarked,\u00a0<\/span>formidable<\/span>\u00a0territory. One-by-one, states implemented preventative measures\u00a0<\/span>via<\/span>\u00a0temporary school closures<\/span>\u00a0in efforts to \u201c<\/span>flatten the curve<\/span><\/a>.<\/span>\u201d<\/span>\u00a0<\/span>As of<\/span>\u00a0mid-May,\u00a0<\/span>48 states, four United States territories, and the District of Columbia closed schools for the <\/span>remainder of the academic year<\/span><\/a>.<\/span>\u00a0<\/span><\/p>\n

Remote Learning: Beneficial for All?<\/span><\/b>\u00a0<\/span><\/p>\n

\"\"In response to states\u2019 actions, school districts provided remote learning\u00a0<\/span><\/span>for students.<\/span><\/span>\u00a0<\/span><\/span>While e-learning platforms prove useful for a majority of students,\u00a0<\/span><\/span>remote learning<\/span><\/span>\u00a0<\/span><\/span>remains a challe<\/span><\/span>nge for<\/span><\/span>\u00a0students with special needs, and potentially runs\u00a0<\/span><\/span>contrary to\u00a0<\/span><\/span>federal\u00a0<\/span><\/span>disability laws<\/span><\/span>,\u00a0<\/span><\/span>like<\/span><\/span>\u00a0the\u00a0<\/span><\/span>Individuals with Disabilities Education Act (IDEA).<\/span><\/span><\/a><\/p>\n

The\u00a0<\/span>IDEA\u00a0<\/span>is a federal law that\u00a0<\/span>affords eligible children with disabilities access to\u00a0<\/span>free appropriate public education (FAPE)<\/span><\/a>.<\/span>\u00a0In efforts to ensure\u00a0<\/span>the\u00a0<\/span>IDEA is enforced during\u00a0<\/span>shelter-in-place orders<\/span><\/a>,\u00a0<\/span>U.S. Secretary of Education Betsy DeVos published a\u00a0<\/span>supplemental fact sheet<\/span><\/a>\u00a0on accessibility and distance learning options for children with disabilities. The U.S. Department<\/span>\u00a0of Education<\/span>\u00a0emphasized that\u00a0<\/span>ensuring compliance with\u00a0<\/span>the\u00a0<\/span>IDEA \u201cshould not prevent any school from offering education programs through distance instruction<\/span>.\u201d<\/span><\/p>\n

The\u00a0<\/span>Department<\/span>\u00a0<\/span>further stated\u00a0<\/span>that\u00a0<\/span>I<\/span>ndividualized Education Program (I<\/span>EP<\/span>)<\/span><\/a> teams<\/span>\u2013who design a student\u2019s unique special education program\u2013<\/span>\u201c<\/span>must<\/span>\u00a0make an individualized determination whether and to what extent compensatory services may be needed when schools resume normal operations.\u201d\u00a0<\/span>\u00a0<\/span>\u00a0<\/span><\/p>\n

\u2018<\/span><\/b>Limited Flexibility<\/span><\/b>\u2019<\/span><\/b>\u00a0<\/span><\/b>\u00a0<\/span><\/p>\n

Educational c<\/span>ompensatory services<\/span>\u00a0<\/span>are given to students<\/span>\u00a0<\/span>with disabilitie<\/span>s when<\/span>\u00a0an educational agency fails to provide\u00a0<\/span>FAPE<\/span>\u00a0and IEP goals are missed<\/span>.\u00a0<\/span>Examples of compensatory services include academic tutoring and occupational therapy.\u00a0<\/span>Once re-open, s<\/span>chools<\/span>\u00a0will be responsible for providing\u00a0<\/span>such\u00a0<\/span>services\u00a0<\/span>to eligible students.<\/span>\u00a0Uncertainty clouding\u00a0<\/span>both\u00a0<\/span>when<\/span>\u00a0and\u00a0<\/span>how schools will \u201c<\/span>resume normal operations<\/span><\/a>\u201d may complicate\u00a0<\/span>administering<\/span>\u00a0compensatory services.\u00a0<\/span>\u00a0<\/span><\/p>\n

On March 27,\u00a0<\/span>President Trump signed\u00a0<\/span>the federal coronavirus stimulus relief package into law<\/span>\u00a0to\u00a0<\/span>alleviate<\/span>\u00a0public health and economic impacts\u00a0<\/span>from<\/span>\u00a0COVID-19<\/span>.\u00a0<\/span>Among other relief, the package\u00a0<\/span>gave<\/span>\u00a0Secretary DeVos\u00a0<\/span>waiver authority<\/span><\/a>\u00a0from federal mandates to grant schools with \u201climited flexibility.\u201d<\/span>\u00a0<\/span>\u00a0<\/span><\/p>\n

Such \u201cflexibility\u201d\u00a0<\/span>could<\/span>\u00a0lead to lax state and district measures for ensuring proper accommodations are made for students with disabilities<\/span>.<\/span>\u00a0<\/span>These measures\u00a0<\/span>could leave<\/span>\u00a0<\/span>students with<\/span>\u00a0disabilities<\/span>\u00a0little opportunit<\/span>y<\/span>\u00a0to advocate for their education and ultimately, themselves.<\/span>\u00a0<\/span>\u00a0<\/span><\/p>\n

Are IDEA Waivers Necessary?<\/span><\/b>\u00a0<\/span><\/p>\n

\u201cNO ADDITIONAL waivers are necessary under either the IDEA or the Rehabilitation Act.\u201d\u00a0<\/span>\u00a0<\/span><\/p>\n

In a<\/span>n April 3<\/span>\u00a0<\/span>letter<\/span><\/a>\u00a0submitted to Secretary DeVos, over 70 members of the\u00a0<\/span>Consortium for Citizens with Disabilities (CCD) Education Taskforce<\/span><\/a>\u00a0and allies\u00a0<\/span>affirmed<\/span>\u00a0their conviction against\u00a0<\/span>implementing IDEA waivers<\/span>.<\/span>\u00a0<\/span>The advocates\u00a0<\/span>believed\u00a0<\/span>because<\/span>\u00a0the<\/span>\u00a0IDEA already offers flexibility\u00a0<\/span>for\u00a0<\/span>solutions\u00a0<\/span>to<\/span>\u00a0<\/span>remote<\/span> learning, civil rights protections for students with disabilities should not be sacrificed.<\/span>\u00a0<\/span>\u00a0<\/span><\/p>\n

The disability advocates<\/span>\u00a0push<\/span>ed<\/span>\u00a0<\/span>for\u00a0<\/span>the Department of Education to enforce four principles that Congress must uphold:\u00a0<\/span>\u00a0<\/span>\u00a0<\/span><\/p>\n

(1) Local educational agencies must\u00a0<\/span>continue providing FAPE<\/span>\u00a0<\/span><\/p>\n

(2)\u00a0<\/span>Parents must be involved in IEP decisions<\/span>\u00a0<\/span><\/p>\n

(3) Parents\u00a0<\/span>retain\u00a0<\/span>due process rights<\/span>\u00a0<\/span><\/p>\n

(4)\u00a0<\/span>Federal\u00a0<\/span>education fund<\/span>\u00a0use\u00a0<\/span>must adhere to\u00a0<\/span>the\u00a0<\/span>IDEA and other civil rights laws<\/span>\u00a0<\/span><\/p>\n

Practical Applications\u00a0<\/span><\/b>in Lieu of IDEA\u00a0<\/span><\/b>Waivers<\/span><\/b>\u00a0<\/span><\/b>\u00a0<\/span>\u00a0<\/span><\/p>\n

How\u00a0<\/span>then\u00a0<\/span>can the Department of Education practically enforce these principles?\u00a0<\/span>The letter\u00a0<\/span>suggest<\/span>ed<\/span>\u00a0that FAPE under current circumstance<\/span>s may indicate virtual one-on-one instruction. It may also mean providing students with materials\u00a0<\/span>containing<\/span>\u00a0language-specific instructions for families.<\/span>\u00a0<\/span><\/p>\n

Shelter-in-place orders should\u00a0<\/span>also\u00a0<\/span>not hinder parent participation.<\/span>\u00a0CCD state<\/span>d<\/span>\u00a0that remote communication between parents and teachers ha<\/span>d<\/span>\u00a0already<\/span>\u00a0been<\/span>\u00a0<\/span>occurring prior to shelter-in-place orders<\/span>.\u00a0<\/span>Therefore<\/span>, virtual communication is practical and\u00a0<\/span>should be even more encoura<\/span>ged<\/span>\u00a0today<\/span>. CCD further emphasize<\/span>d<\/span>\u00a0parents\u2019 vital role in the decision-making process of their child\u2019s education.<\/span>\u00a0<\/span><\/p>\n

Parents\u2019 due process rights can remain intact\u00a0<\/span>through<\/span>\u00a0<\/span>frequent collaboration<\/span>\u00a0and communication<\/span>\u00a0between parents and schools. CCD emphasize<\/span>d<\/span>\u00a0<\/span>the importance of such joint efforts to\u00a0<\/span>proactively address service provision and accessibility issues.<\/span>\u00a0<\/span><\/p>\n

In place of issuing waivers, CCD recommend<\/span>ed<\/span>\u00a0<\/span>Congress<\/span>\u00a0provide sufficient funding to school districts in order to support\u00a0<\/span>special<\/span>\u00a0education during the global pandemic.\u00a0<\/span>\u00a0<\/span><\/p>\n

\u2018No Reason\u2019 to Waive Core\u00a0<\/span><\/b>Tenets<\/span><\/b>\u00a0of\u00a0<\/span><\/b>the\u00a0<\/span><\/b>IDEA<\/span><\/b>\u00a0<\/span>\u00a0<\/span><\/p>\n

In the<\/span>\u00a0April 27<\/span>\u00a0<\/span>report to Congress<\/span><\/a>,<\/span>\u00a0Secretary DeVos\u00a0<\/span>stated the<\/span>\u00a0Department of Education<\/span>\u00a0<\/span>was<\/span>\u00a0\u201cnot requesting waiver authority for any of the core tenets of the IDEA.\u201d\u00a0<\/span>The Secretary found\u00a0<\/span>\u201c<\/span>no reason<\/span><\/a>\u00a0<\/span>that a student\u2019s access to FAPE cannot continue online, through distance educatio<\/span>n<\/span>\u00a0or other alternative strategies<\/span>.\u201d\u00a0<\/span>Some l<\/span>imited waivers\u00a0<\/span>to sections of the IDEA\u00a0<\/span>were recommended, including deadline extension for assessing <\/span>children transitioning from early\u00a0<\/span>intervention<\/span>\u00a0to\u00a0<\/span>preschool programs<\/span>.<\/span>\u00a0<\/span>\u00a0<\/span><\/p>\n

While\u00a0<\/span>many\u00a0<\/span>d<\/span>isability advocates<\/span>\u00a0and civil rights groups were\u00a0<\/span>pleased<\/span>\u00a0by Secretary DeVos\u2019 recommendations<\/span>,\u00a0<\/span>others were not.<\/span>\u00a0<\/span><\/p>\n

Chicago Teachers Union\u00a0<\/span><\/b>Sharply<\/span><\/b>\u00a0<\/span><\/b>Responds<\/span><\/b>\u00a0<\/span><\/p>\n

On May 19, the Chicago Teachers Union (CTU)\u00a0<\/span>filed a complaint<\/span><\/a>\u00a0for injunctive relief against Secretary DeVos, the Department of Education, and the Chicago Board of Education. CTU\u00a0<\/span>contended the defendants\u2019 handling of special education during the pandemic was inadequate.\u00a0<\/span>In response to Secret<\/span>a<\/span>ry DeVos\u2019 recommendations, the<\/span>\u00a0Chicago Board of Education<\/span>\u00a0issued a directive that would require a \u201cwhole scale redrafting\u201d of\u00a0<\/span>roughly 60,000 IEP and Section 504 plan<\/span>s.\u00a0<\/span>CTU\u00a0<\/span>asserted the directive\u00a0<\/span>would place<\/span>\u00a0<\/span>\u201can impossible burden to carry out in the roughly six weeks left in the school year.\u201d<\/span>\u00a0<\/span><\/p>\n

On June 19,\u00a0a federal judge\u00a0<\/span>denied CTU\u2019s request<\/span><\/a>\u00a0for a preliminary injunction.<\/span>\u00a0<\/span>While\u00a0<\/span>denying injunctive relief, the court commended teachers for their work in trying circumstances: \u201cAlong with the parents and guardians of their young charges, these public servants are the boots on the ground, so to speak, in the effort to ensure that our more vulnerable students continue to receive the education to which they are entitled. They too deserve the recognition\u2014and gratitude\u2014of society.\u201d<\/span>\u00a0<\/span><\/p>\n

The Question Remains<\/span><\/b>\u00a0<\/span><\/p>\n

As\u00a0plans for returning to in-person schooling or continuing remote instruction for the fall semester are being made\u00a0across the country, the question remains:\u00a0what\u00a0decision will be\u00a0in the best interests\u00a0of\u00a0children with disabilities\u00a0and their\u00a0education amidst a global pandemic?<\/p>\n

Carrie Park is a law student at Loyola University Chicago and wrote this blog post as part of the Education Law Practicum.<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

Nationwide School Closures\u00a0\u00a0 With the\u00a0exponential\u00a0rise of\u00a0COVID-19\u00a0positive cases\u00a0throughout the\u00a0United States, schools\u00a0have\u00a0found themselves in unmarked,\u00a0formidable\u00a0territory. One-by-one, states implemented preventative measures\u00a0via\u00a0temporary school closures\u00a0in efforts to \u201cflatten the curve.\u201d\u00a0As of\u00a0mid-May,\u00a048 states, four United States territories, and the District of Columbia closed schools for the … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[37,39,53,73,87],"class_list":["post-555","post","type-post","status-publish","format-standard","hentry","category-uncategorized","tag-covid","tag-ctu","tag-idea","tag-remote-learning","tag-special-education"],"_links":{"self":[{"href":"https:\/\/blogs.luc.edu\/edlawinstitute\/wp-json\/wp\/v2\/posts\/555","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/blogs.luc.edu\/edlawinstitute\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/blogs.luc.edu\/edlawinstitute\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/blogs.luc.edu\/edlawinstitute\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/blogs.luc.edu\/edlawinstitute\/wp-json\/wp\/v2\/comments?post=555"}],"version-history":[{"count":0,"href":"https:\/\/blogs.luc.edu\/edlawinstitute\/wp-json\/wp\/v2\/posts\/555\/revisions"}],"wp:attachment":[{"href":"https:\/\/blogs.luc.edu\/edlawinstitute\/wp-json\/wp\/v2\/media?parent=555"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/blogs.luc.edu\/edlawinstitute\/wp-json\/wp\/v2\/categories?post=555"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/blogs.luc.edu\/edlawinstitute\/wp-json\/wp\/v2\/tags?post=555"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}