WASHINGTON—U.S. Senator Cory Booker joined an effort led by U.S. Senator Chris Murphy (D-CT) and Senate Democrats in expressing their concern for children with disabilities amid the school closures due to the COVID-19 pandemic. In a letter to the U.S. Department of Education Deputy Assistance Secretary for the Office of Special Education and Rehabilitative Services Mark Schultz, the senators pressed the Department on what they’re doing to ensure that children with disabilities are provided a free and appropriate public education and educators, administers, and lead agencies are provided with the guidance necessary to carry out their legal obligations under the Individuals with Disabilities Education Act (IDEA) Section 504 and the Americans with Disabilities Act (ADA).
“The impact of these closures has a significant impact on children with disabilities and presents unique challenges to school officials to meet the legal requirements of the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act of 1973 (Section 504), and Title II of the Americans with Disabilities Act (ADA),” the senators wrote.
The senators continued: “Assisting states and districts to navigate their obligations to meet the legal requirements of students’ individualized education plans (IEPs) and individualized family service plans (IFSP) for infants and toddlers with disabilities will be critical during this national public health emergency.”
Senators who joined in this effort include U.S. Senators Richard Blumenthal (D-Conn.), Cory Booker (D-N.J.), Sherrod Brown (D-Ohio), Maria Cantwell (D-Wash.), Bob Casey (D-Pa.), Tom Carper (D-Del.), Chris Coons (D-Del.), Tammy Duckworth (D-Ill.), Kirsten Gillibrand (D-N.Y.), Maggie Hassan (D-N.H.), Martin Heinrich (D-N.M.), Tim Kaine (D-Va.), Ed Markey (D-Mass.), Chris Murphy (D-Conn.) Patty Murray (D-Wash.), Gary Peters (D-Mich.), Jack Reed (D-R.I.), Bernie Sanders (I-Vt.), Jeanne Shaheen (D-N.H.), and Elizabeth Warren (D-Mass.).
A full text of the letter can be found here and below.
Mark Schultz
Delegated Authority to Perform Functions and
Duties of the Assistant Secretary for the Office of
Special Education and Rehabilitative Services
Department of Education
400 Maryland Avenue SW
Washington, DC 20202
Dear Commissioner Schulz:
We write to you regarding our concerns for children with disabilities and their educational needs during school closures. Today, the United States faces a pandemic caused by the spread of the 2019 Novel Coronavirus (COVID-19). The impact on students, families, educators, and schools is overwhelming as millions of children and youth are out of school with closures as communities are working to control the spread of the disease. As of the writing of this letter, 39 states and the District of Columbia have closed all schools to take immediate action to prevent the spread of COVID-19. Districts with adequate resources are moving to online instruction while others with limited funds and technology have been forced to curtail instruction for their students.
The impact of these closures has a significant impact on children with disabilities and presents unique challenges to school officials to meet the legal requirements of the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act of 1973 (Section 504), and Title II of the Americans with Disabilities Act (ADA). Some students with disabilities may be at higher risk for severe illness if infected with the coronavirus and must take preventative steps early before an outbreak is present in their communities. IDEA requires the provision of free appropriate public education for children with disabilities, even if the school moves to online instruction. However, as many districts, early intervention service providers, and lead agencies have never contemplated online instruction, transitioning to virtual delivery of educational and related services for children with disabilities is a challenging task. Assisting states and districts to navigate their obligations to meet the legal requirements of students’ individualized education plans (IEPs) and individualized family service plans (IFSP) for infants and toddlers with disabilities will be critical during this national public health emergency.
On March 12, 2020, your office released Questions and Answers on Providing Services to Children with Disabilities During the Coronavirus Disease 2019 Outbreak(QA document). This Q&A document answered nine questions regarding services under IDEA Part B, Section 504, and ADA (six questions) and IDEA Part C (three questions). While the Q&A document provided answers to a few of the questions raised by educators during this difficult time, it failed to address many of the questions our offices have heard from families, educators, and community leaders.
Further, portions of the Q&A document use language which greatly concerns us, the most striking being, “Once a school resumes, the [district] must make every effort to provide special education and related services to the child in accordance with the child’s individualized education program (IEP) or, for students entitled to FAPE under Section 504, consistent with a plan developed to meet the requirements of Section 504” (emphasis added). This language seems to have been interpreted by some stakeholders to suggest that a district may attempt to but not be required to provide special education and related services. The suggestion that a district must merely make an effort to provide such services is inconsistent with the law. The Department should clarify that IDEA requires services for students with disabilities to be provided, including when educational services are resumed after a discontinuation of services. The suggestion it is possible to not fulfill the required services to a student must be corrected immediately.
In order to ensure children with disabilities are provided a free appropriate public education and educators, administers, and lead agencies are provided with the guidance necessary to carry out their legal obligations under IDEA, Section 504, and the ADA, we request a response to the following questions and requests no later than April 3rd, 2020: