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The Education Law Blog: April 2020

Clearing COVID-19 Confusion

 

COVID-19 has caused disruption, chaos, and uncertainty for all, but parents of children with disabilities face unique challenges. School Districts and Intermediate Units are providing inconsistent information that seems to change on a weekly basis and parents of disabled children are left uncertain of their children’s rights and how to navigate this overwhelming time to meet their children’s needs. In this blog, we provide parent pointers to help you to manage this uncertain time.

 

Document, document, document!  Documentation of your child’s progress or regression is your key to success.  When schools reopen, your child is likely to need compensatory education to make up for the education and services lost. You are more likely to receive those services if you can present specific and dated data of your child’s progress, regression, and missed services rather than a general statement about regression.  Keep contemporaneous notes and even occasional videos of progress.  If you are not sure how to document progress, ask your case manager or special education director.

Request teleservices.  Although your child is likely to need compensatory services when schools reopen, you are better off doing everything you can to advocate for your child’s school to meet his/her needs as much as they are able to do so now and make up the difference later.  The law requires that schools make a good faith effort to meet disabled students’ needs during this COVID-19 shutdown.  This is why you should request teleservices in writing from your District or Intermediate Unit now. Some School Districts are successfully providing teleservices for a range of services. 

Private teleservices.  If your District fails to provide any form of teletherapy and you can afford to hire a private teletherapist, you may be able to recoup the cost from the District later.  If you choose this route, make sure to request this in writing by emailing a letter to your special education director explaining that the District is failing to provide a free, appropriate education and you have been forced to pay privately to prevent your child from regressing.  Let your District or Intermediate Unit know that you are seeking reimbursement for your private teleservices and intend to hire a private teletherapist within 10 business days of your email or letter. After emailing the letter, wait ten business days before starting the private teletherapy.

NOREPs and Waivers:  Some Districts have asked parents to sign blanket waivers that state services will only be provided by the District if parents waive their right to bring a lawsuit.  This is an unfair and illegal requirement.  If you receive such a request in a NOREP or otherwise, cross out the waiver paragraph and above your signature write, “While I accept services offered in this NOREP, I do not agree that these services qualify as a free, appropriate education and I reserve all of my rights and my child’s rights including the right to compensatory education.”  Remember you can agree and disagree with a NOREP simultaneously thereby accepting some services and rejecting or requesting other services. If you choose to do this, be specific on what you are agreeing with and what you are disagreeing with on the NOREP.

Useful Resources during COVID-19 School Closings: We have listed a number of useful resources and websites below.

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Remember that we’re always here if you need us!

For a free consultation, call 215-830-5025 or email edlaw@oyblaw.com.  We hope you stay safe and sane!

by Leona Z. Goldshaw, Esq.