Delivery of Special Education During a Pandemic

School districts across the State are working tirelessly to deliver education to students in new and alternative formats. The delivery of services in this new environment to students served by IEPs or 504 plans is especially challenging. While districts are charged with delivering a free appropriate public education (FAPE) to students with disabilities, what that looks like during this period will likely not mirror what is on a student’s IEP/504 plan. FAPE during this period will be measured against what is currently being provided to nondisabled peers. School districts need to ensure disabled students have access to these educational opportunities.

School districts are required to comply with the Individuals with Disabilities Education Act (IDEA) during this period. This requires an examination of the unique needs of each individual student. Accommodations or related services on a student’s IEP/ 504 plan that can be implemented, should be. If a service cannot be delivered in a typical format, then delivering the service in an alternative format should be explored. For example, speech, counseling and other related services should continue where possible via a video or a teleconference platform.

All records of delivery should be maintained, and progress monitored. Once students return, the big question that will need to be considered is whether any student requires additional compensatory services. Once again, this will need to be evaluated on a case by case basis considering the progress each student made toward their individual IEP goals and objectives. If compensatory education is contemplated, keep in mind this is not typically a one for one make up. Moreover, such a service can be made up, if needed, over the next school year.

In the meantime, school districts should move forward with their annual reviews and CSE meetings via video or telephone conference platforms. Maintaining all documentation of communications and service delivery attempts during this period is critical. If evaluations or services simply cannot be delivered, that should be documented with a description of the various attempts that have been made. This is an extremely stressful time for disabled students, parents and staff.

We encourage you to reach out to families to discuss how the supports students need to access their educational programs in this unique environment can be provided. We are available to assist you and answer any questions you may have.