More than 54 million American school children are learning at home right now. Seven million of those students have disabilities. Since the outbreak of the Coronavirus in March, 45 states have ordered schools closed, and 15 states are keeping schools closed until the end of the school year. That list will surely grow as the virus peaks (find an updated list here).

In two weeks, Department of Education Secretary, Betsy DeVos, is set to offer guidance to Congress on whether or not to issue waivers that could postpone or eliminate school districts’ responsibility to provide a free and appropriate education to school children. It’s important to note, DeVos cannot waive educational disability rights; only Congress can do that. DeVos does have the power to waive rights and responsibilities under general education laws though and already has. Read more here.

Parents of children with disabilities have 2 very important tasks during school closures:

1. Write and/or call your Congressperson THIS WEEK. We don’t have much time. Share your child’s personal story with distance learning during the pandemic, and tell them educational waivers are not needed. The law already provides amendments and timeline extensions when there are exceptional family circumstances. School districts and parents need to work collaboratively to decide if extensions should happen on an INDIVIDUAL basis. We need to urge Congressmen to let the law do its job- NO WAIVERS! Read why and how below.

2. Document, Document, Document! You know the old adage: if it’s not in writing or on video, it doesn’t exist. You should be taking data of your child’s progress, or lack of progress during this time. Take baseline data now (a video of them reading, writing, doing math, anything related to their Individual Education Plan (IEP)). Keep that documentation up as school closures continue. If your school won’t do teletheraphy, and you decide to pay out of pocket for private teletheraphy make sure you document it. Read why and how below.

The Department of Education released guidance on March 21, 2020, stating that school districts should provide distance learning to all kids during school closures and shouldn’t use federal disability law, like the Individuals with Disabilities Education Act (IDEA) or Section 504, as an excuse not to. School districts will need to be equitable and innovated in their plans to do distance learning while Americans are social distancing. Read more here.

This is good news for disability advocates. That means virtual IEPs, evaluations, and teletherapies should be happening. School district should be lending out computers and providing wifi to those who need it. Most importantly, these distance learning opportunities should be individualized for your child with a disability. A lot of school districts across the country are already providing these learning opportunities. Why would we stop these collaborative and innovative efforts? All children deserve these rights and access to distance learning. Learn more about how school districts are providing access and best practices for distance learning here.

The COVID-19 pandemic highlights issues of equity unlike any other crisis we’ve seen. The students who are likely to fall behind during school closures are those who are poor or have disabilities. Parents should be reasonable, but school districts should also be working diligently to provide equitable access to distance learning. Don’t be afraid to ask for services and accommodations, when all students are expected to learn online. This is why advocating against educational waivers is so important.

Some organizations, like the National Association of State Directors of Special Education (NASDSE) and the Council of Administrators of Special Education (CASE), are asking DeVos to provide a 45 day extension, once schools are back in session, for all IDEA timelines. NASDSE and CASE are also asking for flexibility in school districts’ documentation of FAPE, data collection, and corrective action plans. This would impact preschool programs, state complaint and due process, initial and reevaluations, as well as the development, review and revision of IEPs. Read their March 31, 2020 letter here.

Special Education advocates are strongly against this. On April 3, 2020, the Council of Parent Attorneys and Advocates (COPAA) sent a letter to DeVos reminding her that the Department of Education on March 21st already appropriately responded to the crisis, and should “fully uphold all tenets and requirements of IDEA and 504.” The letter goes on to state that IDEA already provides flexibility for individualization and collaboration between districts and parents, and “students with disabilities cannot afford the lengthened delay that would result from a blanket pause in timelines.”

NASDE did write a joint statement with COPAA on March 23, 2020, that all rights and responsibilities under federal disability law should remain. Now that organization wants flexibility in the law. But COPAA and other special education advocates are arguing that IDEA already provides needed flexibility and collaboration between parents and school districts to provide a free and appropriate education at this time.

So, here’s where you come in. Please write to your Congressperson TODAY! Find your representatives and their contact information here.

Tell them your child’s story regarding COVID-19 and school closures. Please share good examples of how your school district is already providing a Free and Appropriate Education through distance learning. Urge your Congressperson to issue NO WAIVERS during or after school closures. Remind them that federal law under IDEA already provides flexibility in timelines and services under exceptional family circumstances. Send your email soon. DeVos is set to issue her recommendations in two weeks. Read an example of a good letter here and here. Make sure you personalize your email.

Lastly, start collecting data on your child’s progress and/or regression during this time. The IEP document allows for parent training. If you don’t know how to take data, request that your school teach you simple ways to take data. And easy way to do this is to take video of your child now and and throughout the school closure time. Make sure you timestamp any data entries. Also, if you’re paying for teletheraphy or other private distance learning make sure you receive invoices and data from those private providers. You may be able to advocate for compensatory education upon return to school to make up for any lost learning.

If you’re busy with homeschooling now, use this simple email format:

Dear (Enter your Congressperson’s name):

IF YOUR CHILD IS RECEIVING APPROPRIATE SERVICES DURING THIS TIME: I’m writing to you today to tell you about my child with a disability’s experience with distance learning during the COVID-19 school closure, and urge you to uphold all of the tenets and responsibilities of the Individuals with Disabilities Act (IDEA) even during this time. My child is receiving needed accommodations and services during distance learning. I’m working with my child’s IEP team virtually, and we hope that our collaborative will ensure my child continues to make meaningful progress. Many school districts around the nation are providing innovative and equitable ways to meet the needs of students with disabilities. My child and other children across the nation cannot afford more delays that would come from federal timeline waivers. Soon, Department of Education Secretary Betsy DeVos will issue guidance regarding waivers under IDEA and other educational laws. I urge you to resist any call for waivers. IDEA already provides this flexibility. Thank you for your time and consideration!

IF YOUR CHILD IS NOT RECEIVING APPROPRIATE SERVICES DURING THIS TIME: I’m writing you today to tell you about my child with a disability’s experience with distance learning during the COVID-19 school closures, and urge you to uphold all of the tenets and responsibilities of the Individuals with Disabilities Education Act (IDEA) even during this time of crisis. Although my child with a disability is not receiving all of the needed accommodations and services during this time, I’m convinced from other examples of success in distance learning across the nation that I can work collaboratively with my child’s school district to ensure meaningful progress is made. My child and other children across the nation cannot afford more delays that would come from federal timeline waivers. Soon, Department of Education Secretary Betsy DeVos will issue guidance regarding waivers under IDEA and other educational laws. I urge you to resist any call for waivers. IDEA already provides this flexibility. Thank you for your time and consideration!

To read more from Courtney Hansen with Inclusion Evolution, click on the link below.