Special Education and COVID-19 May 19, 2020
Agenda • Legal Services Overview • Special Education During School Closures • Advocacy Tips • Section 504 Plans • Q&A 2
Who we are • Legal Services of Eastern Missouri serves 21 counties in Eastern Missouri: – including St. Louis City, St. Louis County, St. Charles County, Jefferson County • Legal Services provides free civil legal assistance in: – family law/domestic violence, public benefits, Medicaid, education, immigration, consumer, housing, small business development, and unemployment. • To request assistance: – Contact us by phone at 314-534-4200 or 1-800-444- 0514 – Visit our website at http://www.lsem.org and click on “get help now” 3
Who we are • Children’s Legal Alliance (CLA): – Provides free legal representation to children with educational legal needs in the St. Louis area. – Serves children aged 3-18 in public schools. • Education Justice Program (EJP): – Works with CLA on impact education issues by targeting the root causes of education inequity through a racial justice lens and a community lawyering model 4
What We Do • CLA provides legal representation in the following areas: – Special Education (obtaining special education services, improving IEPs, enforcing IEPs) – Section 504 Plans – School Discipline and unlawful exclusion from school (including access to alternative education) – Homeless Enrollment and Transportation under McKinney-Vento Homeless Assistance Act 5
SPECIAL EDUCATION DURING SCHOOL CLOSURES
Individuals with Disabilities Education Act (IDEA) Children with qualifying disabilities have the right to a Free Appropriate Public Education (FAPE) from birth to age 21. 7
FAPE • Free Appropriate Public Education • FAPE means special education and related services provided at no cost to the parent, designed to meet the unique needs of each child. • To meet its legal obligations, a school district must offer an IEP “reasonably calculated to enable a child to make progress appropriate in light of the child's circumstances.” – Endrew F. v. Douglas County Sch. Dist. RE-1, 137 S.Ct. 988 (2017). 8
FAPE and School Closures • If a school district provides distance learning during school closures, the district is required to continue providing special education services. – Services listed in a student’s IEP must be provided “to the greatest extent possible.” – This includes extended school year (ESY) services • If a school district provides NO instruction to all students during school closures, then the district is NOT required to provide special education services. *See DESE Special Education Compliance COVID-19 Q&A at https://dese.mo.gov/sites/default/files/se-com-covid-19-faq.pdf 9
Access to Technology • Having access to a computer/tablet and internet is a priority! The school should work with you to make sure your child has the right technology at no cost to you. • Most distance learning will take place online using Google Classroom, IXL, Zoom, etc. • Students who use assistive technology (AT) devices at school should also have home access during distance learning. 10
Distance Learning Plans • IEP Teams may consider including a “distance learning plan” in a child’s IEP. • This plan describes how special education services will be provided in the event of a school closure. • Advantage: Team discussion helps ensure that parent and school are on the same page about services during school closure Sample form available on DESE’s website: https://dese.mo.gov/communications/coronavirus-covid-19-information (link in Special Education Information & Guidance) 11
IEP Meetings and Timelines • Schools are still required to meet timelines for IEPs if possible. • IEP meetings may be held via phone or video conference if parent and school agree. • Evaluation timelines may be extended. • Initial special education requests/referrals must still be accepted. 12
FYI: Timeline for IEP Process 60 Days 30 Days 30 Days Eligibility Review of Conference Initial IEP Referral Existing /Evaluation Meeting Data Complete • IEP revised at least once a year (annual meeting) • Re-evaluation conducted every three years (triennial evaluation) 13
ADVOCACY TIPS
Documentation and Communication • Document the services provided to your child during school closure (keep a calendar). • Communicate with school staff about what is working and not working with your child during distance learning. • Use email and text to talk to school staff when possible. Take notes after a phone call. • Write down observations about your child’s behavioral and academic performance at home, including any regression. 15
When School Resumes • Ask for an IEP meeting. Your child may need additional services or compensatory services as a result of prolonged school closure. • Compensatory services: – Special education services provided to make up for services lost during school closure. – IEP team determination based on lack of progress during school closure. • Ask school for data on your child’s current academic and behavioral performance (present levels). 16
SECTION 504
Section 504 Section 504 of the Rehabilitation Act of 1973 Prohibits discrimination based on disability; students with disabilities must have equal access to the same programs and services as their non-disabled peers. 18
Section 504 • Nondiscrimination statute- children with disabilities must be provided equal access to education • Qualifying disabilities- an impairment (e.g.- medical diagnosis) that substantially limits a major life activity, such as learning, walking, breathing, sleeping, bending • Includes mental health diagnoses • School must provide accommodations and modifications- “504 Plan” 19
Section 504 and COVID-19 • Consider requesting a Section 504 plan for students with compromised immune systems. • Seek doctor’s recommendations re: staying home or requirements for additional safety measures when school resumes. 20
QUESTIONS? 314-534-4200 800-444-0514 www.lsem.org Mai ain O n Office ce 4232 Forest Park Ave. St. Louis, MO 63108
Maggie LaMore mglamore@lsem.org 314-256-8712 314-534-4200 800-444-0514 www.lsem.org Mai ain O n Office ce 4232 Forest Park Ave. St. Louis, MO 63108
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