12 weeks ago, I received a frantic phone call from representatives at a local school district. They informed me that the school district would be closing its doors and sending all staff and students home, effective immediately. The district team asked me to work with them to move dates on some cases that were currently pending, and we selected dates in late April and early May—dates when we felt confident life would have returned to normal. Following that call, updates trickled in that all other school districts would also be closing due to the need to social distance based on COVID-19 health and safety recommendations.
And then my phone went silent. For a week or two I didn’t hear from anyone, current clients, schools, or new families looking for help. Everyone seemed to pause collectively to mentally organize the shift that had just taken place. Just as likely, everyone was probably too busy figuring out their work situation, child care needs, cancelling major plans or trips, and buying up enough groceries to last for the two weeks that we thought this would last.
But after the initial shock wore off, my phone started ringing again. Parents were frustrated that their students with special education needs weren’t getting the support they required. How are parents supposed to know how to provide special education services to their kids? Or any level of academic instruction for that matter? Parents have real concerns that their kids’ needs aren’t being met, and as much as they deserved answers, many schools were only responding in silence or question marks.
We still don’t have answers to a lot of these questions, but now months after our schools closed their doors, we’re starting to see how they plan to open their windows online to work with students and provide services during this time.
Serving Students with Disabilities During School Closure
Are special education services still provided during COVID-19 school closures? The answer is: it depends. Some schools effectively closed for a period of time following the shelter-in-place order. They were not providing any services for any students. During that time, families were essentially placed on Summer Break, but without any of the fun vacations or camps. The Districts weren’t required to provide services, because they were deemed “closed”.
This has changed for the most part, and districts are now offering Distance Learning programs. Educational services are being provided to students virtually, through Zoom meetings and online academic portals. Many schools decided to shift grades to a credit/no credit model, and some decided that they would permit student grades to increase based on work completion, but would not allow any decrease in scores.
For schools implementing distance learning models, students with special education needs are still entitled to receive a FAPE: a Free and Appropriate Public Education, with services in line with their IEPs. This means that specialized academic instruction should be offered to support students in their classes. Related services, including speech and occupational therapy, should also be provided remotely, to the fullest extent possible.
What Rights Do I have Right Now?
Luckily, most parent and student procedural safeguards remain in place, allowing parents to advocate for their children’s educational rights.
Parents retain all other procedural safeguards and special education rights, even if some of the timelines may be tolled. Parents who are concerned their child might need special education supports through an IEP can still contact the District to request a referral for an initial evaluation. The District won’t be able to initiate the assessment process until schools reopen (or until new health and safety measures can be implemented to permit evaluations during distance learning), but the request will be on file so that the appropriate timeline will begin as soon as schools reopen. (Remember, this timeline is always tolled over summer break).
This tolling period also applies to requests for education records, though I would still recommend you request copies if you need them. While the timeline to provide copies of education records has been tolled, many school teams maintain electronic copies of records, and have been able to provide them during the school closure. (Note: this timeline is typically not subject to summer tolling provisions but is impacted by COVID-19 related closures).
Every school district seems to be handling IEP meetings differently. Initially, it appeared that all IEP meetings were cancelled during the closures. However, I have noticed that recently many school teams are reaching out to schedule IEP meetings and get the teams together to discuss student needs. While many families are happy to meet with school teams at this time, some feel the time would be better spent evaluating a student’s needs once schools reopen. It is important for parents to remember that they can request an extension of all relevant special education timelines. Only a parent can agree to extend a timeline—remember, the IEP team needs to meet at a time and place convenient for you!
Importantly, the Office of Administrative Hearings remains open and is accepting new filings of due process complaints. While the process looks a little different, the hearing office is still facilitating mediations and presiding over due process hearings. This allows parents to raise concerns against the school district when they feel their students may not have received appropriate special education services. Parents can participate in the settlement process with the school district team in order to pursue appropriate remedies to resolve their issues.
What Should Parents Do Now?
My best advice at this time is pretty simple: you are the best parent for your kid! Emphasis on the word parent! A lot about this current period is really hard. Parents are trying to be everything all at once and all the time. Facilitating your kids’ distance learning is tough and can make an already stressful situation feel overwhelming. Focus on your role as their parent and advocate. If you feel your kid is struggling with the distance learning model, reach out to the school team for support. If you want answers, email the school team with your questions. They might not have any information yet, either, but you have the right to ask.
Now is also a great time to start organizing any concerns you had with your student’s education prior to the COVID-19 school closures. If you felt your child was not making appropriate progress, not receiving appropriate services, or required a change in his/her educational program, now is a strategic time to consider filing a due process complaint to address those concerns. Contact my office to discuss whether you may have a case against the school district. As a result, you can secure compensatory services, a new educational placement, or a stronger IEP, all of which will be in place to help boost your child to success once schools reopen.
If you have any questions regarding your child’s education rights or the option of filing a due process complaint, don’t hesitate to reach out to my office. We are offering complimentary 1-hour consultation appointments by Zoom or conference call, and I am always happy to speak with families about any questions or concerns they might have!
Read Our Interview with SD Voyager
Listen to Our Radio Interview with Dr. D.
A few months ago, Jazmine was asked to participate in a podcast radio show with Dr. Sean Daneshmand (AKA Dr. D.). Dr. D. has been a maternal-fetal medicine specialist at the San Diego Perinatal Center since 2002, and is also the founder of the charitable foundation, Miracle Babies. His podcast explores a variety of topics relating to pregnancy, children, and families. Jazmine was invited to speak about special education eligibility and services available for students with developmental disabilities. Dr. Reena Patel also participated in the episode, sharing her expertise as an educational psychologist and Autism specialist.
You can listen to the episode here: http://wsradio.com/051416-developmental-disability-special-education-needs/
It was truly an honor to participate in Dr. D's radio show. We hope that our subscribers will enjoy this episode, as well as all of Dr. D's radio archives.
Important Special Education Timelines
The school year is now fully underway, so if you believe your child may require a change in services, now is the time to make a request for an IEP meeting or additional evaluations. Each of these requests is subject to certain timelines, with which the school district must comply. Remember, if you feel your child is not receiving an appropriate education, our office is here to help!
Requesting an IEP:
- You have the right to call an IEP meeting at any time!
- Request an IEP meeting as soon as you feel your child's progress should be reviewed or services should be modified. We suggest you make this request in writing/via email. Keep a dated copy in your records.
- The school district must convene an IEP team meeting within 30 days of parent request.
Requesting an Evaluation:
- Once your child is found eligible for special education services, the school district is obligated to re-asses your child every 3 years.
- If you believe an assessment is required in between that 3-year period, you may request one from the school district. You should make this request in writing, and keep a copy for your records.
- After you request an evaluation, the school district has 15 days to either provide you with an evaluation plan for you to sign, or else to provide you with Prior Written Notice denying your request for an evaluation.
- Once you sign and return the evaluation plan, the school has 60 days to complete the assessment of your child and hold an IEP meeting to review the results.
Keep in mind: school vacations in excess of 5 days are not included for the purposes of these timelines.
Winter Break To Dos
With the first half of the school year coming to a close, we hope you are looking forward to a terrific holiday break. The long winter vacation is an excellent time to check-in on your child's academic progress, and to determine if he/she is receiving appropriate supports. See below for some helpful tips on how to get organized and prepared for the upcoming Spring semester. As always, if you believe your child requires different educational supports, our office is here to help!
- Organize your student's special education paperwork. This includes any IEPs or evaluations that have been completed during the school year so far. Also, print out or save important emails from the school about your child's progress. Scan important documents into your computer
- Review your student's progress, both in class and on his/her goals. Remember, you should receive updates on your student's progress on IEP goals at least as often as you receive report cards.
- Request service and behavior logs from your child's service providers, if you have questions or concerns about when services have been provided. If your child has been struggling, it can be a good idea to review those logs to determine where a change can be made.
- After reviewing your child's documents and progress reports, determine if additional or different supports might be needed. If this is the case, you will want to request an IEP meeting or further evaluations from the school district.
New School Year, Same Rules of Thumb
The first full month of the school year is coming to a close, and hopefully that means your kids are enjoying their new teachers and classes. If your year has begun with a bit more of a struggle, our office is here to help! Below are some tips for starting the school year off on the right note.
- Create an open line of communication with your child's teacher--weekly email updates can be especially useful. If you aren't receiving regular communication regarding your child, ask the school to add a communication log as an accommodation.
- Ask for service logs to make sure your student's services are being provided as agreed.
- Request an IEP meeting to discuss any concerns you have with your child's progress or placement--you don't have to wait for the annual IEP!
- Request any additional assessments that you believe are necessary.
Always document any requests you make to the school
Introducing...Jazmine Gregory, Attorney at Law
After working with Robin Champlin at Champlin & Associates for several years, Jazmine is excited to announce that she is taking over the practice. Although Robin will be leaving the office, she will be staying on as "Of Counsel". Jazmine will continue to focus on education and disability law, and is accepting cases for special education IEPs, due process complaints, mediation, §504, student discipline, discrimination, and conservatorships. Please view the Practices tab for more information on these practice areas.
This blog is designed as a resource to parents, and will be used to post informational tips and legal updates regarding special education law and best practices. If you have any specific questions, or would like to request that a certain topic area be reviewed, please email me through the Contact tab.
Jazmine offers free 1-hour consultations, so please don't hesitate to schedule one today!
Nothing posted in this blog is intended as legal advice, and should be construed as creating an attorney-client relationship.