Dealing with the drastic lifestyle changes caused by COVID-19 can be very stressful for both parents and students. In light of these changes, it is especially important that we protect our mental health and that of those around us. Parents may find our new normal overwhelming, having to now take on the role of being schoolteachers and counselors, especially as …
Governor Newsom Discusses Outline to Reopen Schools
Today, Governor Gavin Newsom gave an address that outlined a plan to reopen California. On the four phases of reopening, California’s schools fall into the “Phase Two,” category of re-opening. He also mentioned opening some school districts as early as July or August in order to remediate learning that has been lost during this time. These early reopenings will likely …
Department of Education Report: No Waivers to Students’ Rights
On April 27, 2020, Secretary of Education Betsy DeVos submitted her report concerning waivers to the Individuals with Disabilities Education Act (“IDEA”) and Section 504 of the Rehabilitation Act of 1973 (“Section 504”). DeVos and the Department of Education (“Department”) are not requesting waivers that would impact a student’s right to receive a free and appropriate public education in the least …
Mainstream reporting recognizing challenges to students with disabilities posed by the crisis
While much of the media focus on school closures due to the Covid-19 pandemic has been on general difficulties, there have been a few articles looking at the unique challenges to families with students with disabilities. Erica Moser, writing for the Connecticut based The Day, looks at the struggles of several parents who are doing their best despite the difficulties. …
Judge Orders School District to Overturn its Expulsion of a 12- Year-Old
Expulsions serve no deterrence for past behavior and instead contribute to the prison to school pipeline. Today, our client, a 12 year old student, E.S., did not become another unfortunate statistic that faces young, intelligent black students with disabilities. On April 21, 2020, the Office of Administrative hearings found in favor of our client, who was wrongfully expelled for an alleged incident …
Distance Learning Resources for Parents of Students with Disabilities
With the statewide school closure being extended through the end of the 2019-2020 school year, many parents are looking for extra resources to supplement the distance learning programming provided by their school districts. We at the Law Offices of Hirji & Chau want to help direct parents toward free, online resources that they can access during the school closures. We …
California is slowly rolling out a program to increase access to internet and computers
Governor Gavin Newsom gave an update today on the current state of public education and what is to come. The state is planning on providing free wi-fi and hotspots that will roll out the first week of May, and is raising additional funds to provide chromebooks to students to “bridge the equitable divide”. Regional Centers are distributing chromebooks in rural …
Reimbursement for Privately Funded Services
The current school closures due to COVID-19 have left several families of children in special education wondering what options they have for ensuring that their child does not fall behind or regress in their academics or skills. Some families are wondering whether they may be entitled to reimbursement if they privately fund additional services, such as tutoring, or language and …
Compensatory Education during COVID-19 School Closures
Both federal and state guidance provides that students with individualized educational plans (“IEPs”) may be entitled to compensatory education during school closures to make up for any skills that may have been lost. [1] Whether and to what extent compensatory services are owed must be made on an individual basis. The California Department of Education, provides that “educational need can …
A Successful Campaign for the IDEA
The Law Offices of Hirji & Chau, spearheaded a successful campaign to send a petition of over 1000 supporters to write to Secretary DeVos calling for NO WAIVERS to the IDEA. You can find the updated letter and list of supporters, here.