On July 26, 2021, the U.S. Department of Health and Human Services and U.S. Department of Justice Civil Rights Division issued guidance stating that “long COVID” can be disability under the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act (Section 504), and Section 1557 of the Patient Protection and Affordable Care Act (Section 1557), giving long-haulers protections …
LAUSD Registration Deadline for Online Option is July 30, 2021
Los Angeles Unified School District (“LAUSD”) is scheduled to open schools for in person learning this fall. However, an online option will be available for families with medical, social-emotional, or other concerns, as well as students receiving special education. Students will receive daily live online instruction for part of the day and complete independent work during the remaining time. The …
LAUSD Views Distance Learning as a Success While Students Suffer
On March 25, 2021, the LAUSD Board of Education held its first Special Education Committee meeting since January 2020. The Committee presented on several topics, including preparations for reopening, supports during distance learning, and dyslexia support. Notably, the Committee reported on the transition back to in-person assessments and noted that, moving forward, assessments can be done in-person, remotely, or a combination …
New U.S. Department of Education Q&A Guidance on Instruction to Children with Disabilities During COVID-19
On September 28, 2020, the U.S. Department of Education issued a guidance concerning implementation of the Individuals with Disabilities Education Act for school age children during the COVID-19 pandemic. It emphasized that regardless of method of instruction – remote, in person, or hybrid, educational agencies are not relieved of their duties and must provide a free and appropriate public education. …
CA Department of Public Health Approves Learning Pods
Ever since it was announced that LA county schools would remain closed for the fall, parents have been searching for ways to make distance learning more effective and regain a sense of normalcy for their children. Parents have sought out safe socialization opportunities, since their children no longer have the opportunity interact with their peers in a school setting. Parents …
Advocating For Your Child During the Pandemic
COVID-19 and the consequent school closures have presented unique challenges for students with IEPs and their parents. We have previously covered distance learning, compensatory services, new IEP requirements, mental health, and online resources related to the pandemic. Through today’s blog, we will provide you with sample language that you can use when advocating for your child’s rights during COVID-19. Please …
A Closer Look at Evidence Based Distance Learning
On August 4, 2020, the Office of Special Education Programs (OSEP) hosted a live-streamed webinar about resources and practices to support the continuity of learning during COVID-19 for children with disabilities. This webinar shared a variety of strategies and resources that are useful to both educators and parents navigating distance learning. Each of the panelists offered different resources and strategies …
REQUESTING COMPENSATORY SERVICES
July 31, 2020 If your child did not receive their IEP related services, you can seek compensatory education. Here is sample language to use for a written request. To [Insert name of administrator of IEP] During the time period that my child was at home as a result of school closures, he/she was denied a free and appropriate education because …
NEW LAW: REQUIRING IEPS TO INCLUDE DISTANCE LEARNING PROVISIONS
During the current COVID-19 pandemic, there have been many changes related to educational services which impact students receiving special education. On June 29, 2020, Governor Newsom signed the 2020 Budge Act and accompanying budget-implementing legislation, including Senate Bill (SB) 98 (Chapter 24, Statutes of 2020), the education omnibus trailer bill. This Senate Bill changes various provisions in the California Education …
Gavin Newsom’s Address Regarding Schools Reopening: Most Schools will Not Reopen this Fall
On Friday, July 17, 2020 Gavin Newsom gave an address regarding the state of education in California given the impact of COVID-19. Newsom started his address with some “Bottom Line” points. First, he said that learning is non-negotiable, and that schools must provide meaningful instruction during the pandemic whether they are physically open or closed. Newsom’s second bottom line point …