How to Handle Regression During Online Learning: What You Should Do Right Now
Regression is a real concern for students with disabilities in this pandemic learning environment. When schools closed in Spring, many students with IEPs stopped receiving services or received services that were ineffective in the distance learning environment. Although some students did thrive in the online environment, most did not. Even worse, some students actually lost ground. So, how should parents handle regression?
What is the remedy for regression?
Despite COVID-19 and the new distance learning model, students with disabilities are still entitled to a free appropriate public education (FAPE), meaning they are still entitled to the services identified in their Individualized Education Program (IEP). Compensatory education is the remedy for failure to provide services. However, the failure to provide services (or provision of reduced services) is not enough. You must demonstrate a widened learning gap or regression. After all, the purpose of compensatory education is to “place children in the position they would have been in” had schools provided FAPE. See Reid v. District of Columbia, 401 F.3d 516, 518 (D.C. Cir. 2005.)
What should parents do if their child regressed during distance learning?
Parents are in the unique position of seeing first-hand how their children learn. With education and IEP services being provided online, parents can observe how their children act, how long they can focus, what works for them, and what doesn’t. Parents should document their observations as well as how any IEP services were provided and their effectiveness (if these services were provided at all). Parents should then call an IEP meeting to discuss their child’s regression with the IEP team. Explain the factual circumstances that led to regression and ask how the school plans to make up for lost services. Here’s an example:
“My child’s IEP states he is to receive 30 minutes of speech therapy each week. From [Date] to [Date], my child did not receive these services. How are you going to make up the time my child wasn’t provided this service?”
Ask your child’s school to develop a plan that grants additional services for a period of time to make up for lost time (e.g., child will receive 60 minutes of speech per week for __ weeks to make up for lost services.) Some schools have been receptive and are working with parents to reach mutually-agreeable plan.
Other school districts have taken the position that compensatory education is not an appropriate remedy because the schools were not at fault for the school closures. We are in a worldwide pandemic after all. Arguably, it does not matter why a child did not receive services (other than a parent intentionally doing something to preclude provision of services). The Individuals with Disabilities Education Act (IDEA) does not contain a requirement that the school be at fault in order to grant compensatory education. Thus, fault has nothing to do with the analysis. If a student was not provided with the services in his/her IEP, the student was not provided a Free Appropriate Public Education (FAPE) in violation of the IDEA.
If parents continue to have trouble obtaining compensatory education, they may need to seek the assistance of an attorney or advocate. If you need help obtaining services for your child or believe your school has violated your child’s IEP, my office is available to assist you.
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