Distance Learning with an IEP
Spring distance learning was a disaster for most kids, especially those with special needs. Now that they are heading back to school, their parents are rightly concerned to return to a virtual model of education.
Parents have so many questions right now. Unfortunately, schools aren’t offering many answers. They are still trying to figure out how to handle distance learning. At the same time, many have presented parents with a “take it or leave it” distance learning plan. As the parent or guardian of a child with an IEP, you are entitled to participate in developing a plan that meets your child’s needs. Here’s a few things you need to know about IEPs and distance learning.
Is my child’s IEP still in effect during distance learning?
Yes! The federal government has not approved waivers of the Individuals with Disabilities Education Act (IDEA). Thus, your child’s IEP is still in effect, and the school district must follow it.
California passed SB 98, which amends Education Code Sec. 56345, requiring that all new IEPs include a description of how services in the IEP will be provided under emergency conditions. Emergency conditions include circumstances in which in-person instruction/services cannot be provided at school or in person for more than 10 school days (e.g., a pandemic or natural disaster). For students with existing IEPs, the distance learning plan must be addressed at the next regularly scheduled IEP meeting. Parents/guardians are key members of their child’s IEP team and have the right to help develop a distance learning plan that addresses their child’s needs.
Is the school still required to provide Special Eduction services? What if my child had an aide in the classroom?
Since there have been no waivers of IDEA, students are still entitled to a Free Appropriate Public Education (FAPE) in the least restrictive learning environment to the extent possible. Schools have seized on this language, claiming that certain services simply cannot be provided during distance learning. Don’t be afraid to push back on this notion. If your school tells you it can’t provide a service or accommodation, do your own research to see what services are available in your area. Seek out your own options and then present them to the school. Make the school tell you why the options you found are not appropriate. Just keep in mind that schools may not be able to provide all services in the same manner that they were typically provided, so be flexible and get creative.
For some students, their IEP provides them with an aide. Many lost that aide when schools shifted to an online distance learning model. If your child needs an aide to access the curriculum, ask for one. I know schools that are providing 1:1 and 2:1 aides virtually. In some cases, aides can work with students in break-out sessions on Zoom after the teacher finishes with a lesson. Again, don’t be afraid to get creative.
So, what if a virtual aide just isn’t working for your child? The California Department of Education guidance states that in some “exceptional situations” school districts may need to provide in-person services in order to “maintain students’ mental/physical health and safety for the purpose of supporting the student in accessing the alternative options for learning being offered (e.g. distance learning.)” While not explicitly prohibited, in-person services must comply with federal, state, and local health guidelines regarding physical distancing, making provision of these services difficult.
Recently, Governor Newsom announced that school districts may allow small groups of students with disabilities and those with “acute” needs to return to school for in-person instruction. The details on how these students may return to classrooms have not been released. However, there is at least a recognition that some children will never be able to adjust to distance learning and an attempt to address this issue.
So where do we go from here? Overall, we are in uncharted territory. Yes, your child’s IEP is still in effect; the struggle is how to provide the services in a virtual environment. Ask for what you want. If the school tells you “no,” research other options to see what is available. And document everything in writing. Keep detailed records…you will need them to request compensatory education.
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