Distance Learning and Special Education Information for Parents of Students with IEPs or 504s

Know Your Rights

Students’ rights under special education and disability laws – the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act and the Americans with Disabilities Act (ADA) –  are still in effect during the pandemic. This means:

• Schools must still provide a free appropriate public education (FAPE) to students with disabilities during distance learning. How FAPE is delivered may look different now. For instance, therapy may be delivered via teletherapy instead of in a building. 

• Schools must implement IEPs to the greatest extent possible during distance learning.

• IEPs can be adjusted to meet students’ individualized needs for distance learning. Students may need new or different amounts of specialized instruction, related services or accommodations to meet their unique needs during distance learning.

• Students have the right to access their instruction during distance learning. Students who are struggling to access distance learning (for example: inability to see or hear lessons, barriers to using technology, difficulty attending to synchronous instruction, difficulty tracking or completing assignments) may require additional support in their IEPs. 

• Schools, not parents, have the primary responsibility for appropriately supporting students with disabilities during distance learning. 

• Parents have the right to call an IEP team meeting at any time – including before school starts – to discuss adding or modifying supports for distance learning. 

• Any decision to adjust an IEP during the pandemic, including adjusting IEP service hours up or down, should be made by the IEP team, with full parental participation. This determination should be made based on the unique needs of the student. 

• Parents do not have to agree to a reduction of IEP service hours if proposed by the school. Schools in Virginia cannot change IEPs without parental consent. 

• If service hours are reduced in an IEP revision or amendment now, it is unclear whether hours would be restored to pre-pandemic levels after distance learning ends.

Q & A from the Virginia Department of Education

Arlington Public Schools is moving to an all virtual instructional model beginning this fall.  They are also reducing the hours of instruction from 30 hours (5 days/week) to 24 hours (4 days/week) for all students. Many IEPs indicate 30 hours of specialized instruction including related services. What is VDOE’s view on reduction of hours and whether it provides FAPE?

VDOE has not waived any regulations for FAPE.  IEP teams which include parents must follow the most recent IEP or develop a new IEP.  Please note that you should not consent to reduction in services in new IEP if you do not agree. It is important to document from March through June what was and was not provided after school closure.  Keep note of progress or lack of progress to document regression and need for recoupment of skills.  This will serve as a basis for recovery services (compensatory services) in the future.

What if I do not agree to change the IEP to conform with the reduced hours of specialized instruction?  Would APS have to provide compensatory services at a later time?

Inform the case manager, SpEd Director, school principal that you do not agree to reduced hours and why.  How did it impact your child in the spring and the difficulties you anticipate this fall. Do not consent to revised IEP with reduction of services. The current IEP would be “Stay Put”. Yes, if you document regression, lack of progress, then the LEA [school district] would need to revisit and determine recovery/compensatory services.

Last spring, with the start of COVID, services were significantly reduced and some related services were not provided at all.  What can I do to receive make-up services? 

Document exactly what was not provided. Request that services to be made up beginning with the fall.