Special Education and COVID-19 May 19, 2020 Agenda Legal Services - - PowerPoint PPT Presentation

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

• 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”

Who we are

3

• 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.

Who we are

4

• 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

• 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

What We Do

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

• 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).

FAPE

8

• 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

FAPE and School Closures

9

• 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
• nline using Google Classroom, IXL,

Zoom, etc.

• Students who use assistive technology

(AT) devices at school should also have home access during distance learning.

Access to Technology

10

Sample form available on DESE’s website: https://dese.mo.gov/communications/coronavirus-covid-19-information (link in Special Education Information & Guidance)

Distance Learning Plans

11

• 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

• 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.

IEP Meetings and Timelines

12

• IEP revised at least once a year (annual

meeting)

• Re-evaluation conducted every three

years (triennial evaluation)

FYI: Timeline for IEP Process

30 Days 60 Days Referral Review of Existing Data Eligibility Conference /Evaluation Complete Initial IEP Meeting 30 Days

13

ADVOCACY TIPS

• 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.

Documentation and Communication

15

• 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).

When School Resumes

16

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”

Section 504

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.

Section 504 and COVID-19

20

314-534-4200 800-444-0514 www.lsem.org

Mai ain O n Office ce 4232 Forest Park Ave.

• St. Louis, MO 63108

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