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Slide #8 Original Source of Law: Court Case related to chronic condition or disability

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Slide #8 Original Source of Law: Court Case related to chronic condition or disability

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When school boards fail to provide students with a FAPE, they must compensate them. When parents provide all the education for their child's special education services privately, schools boards have to reimburse them for the expenses.

Compensatory services must be generally equivalent to the services students were denied.

Schools might have to pay out awards even after students pass the maximum age for eligibility under the IDEA (Pihl v. Massachusetts Department of Education 1993).
https://openjurist.org/9/f3d/184/pihl-v-massachusetts-department-of-education
This means there could be significant expenses and after effects from not executing the COVID-19 return to school correctly or well for students with disabilities specifically.

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Slide #9 Original Source of Law: Travis County Emergency Rules Order of Control Measures for In-Person School Campus Instruction

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Slide #9 Original Source of Law: Travis County Emergency Rules Order of Control Measures for In-Person School Campus Instruction

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According to funding requirements from the federal government, schools must open this fall (as of 7/16/20, please note items in this padlet are subject to change. The local health authority does have the power to issue emergency orders, however.

"WHEREAS, the Texas Education Agency (“TEA”) does not have general authority to close schools due to public health, and TEA acknowledges that such authority lies with the local heath authority, the Department of State Health Services, and the Governor".

County health authority issues emergency COVID-19 rules including blocking schools from in-person classes before September 7. Services and supports for students with disabilities require continuity and additional planning.
https://www.austintexas.gov/sites/default/files/files/Health/20202.7.14%20Signed%20Health%20Authority%20Order_Schools_Final.pdf

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Slide #12 Non-Law Source: CDC Readiness Assessment, Planning, and Guidance for return to in-person schooling

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Slide #12 Non-Law Source: CDC Readiness Assessment, Planning, and Guidance for return to in-person schooling

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Administrative regulations from the CDC as of 7/15/20 providing helpful professional guidance related to this topic.

Guidelines to develop appropriate COVID-19 accommodations, modifications, and assistance for students with special healthcare needs or disabilities, incorporating considerations for students in special education who have a 504 plan or individualized education plan to ensure education remains accessible. Also highlights the need to incorporate considerations for children and youth who need assistance with activities of daily living, as well as their service providers.
https://www.cdc.gov/coronavirus/2019-ncov/community/schools-childcare/schools.html

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Slide #11 Ethical Principle: Failure to Provide Required Services

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Slide #11 Ethical Principle: Failure to Provide Required Services

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The need to provide services for students with disabilities includes both learning and therapies. School, districts are stressed and challenged to even adapt to a COVID-19 school year for the general population of students. The ethical dilemma ahead is how to prioritize, plan for, and execute the return to school whether on-site or on-line for students with disabilities. Additionally, how will tracking and assessment be monitored?
An especially challenging scenarios is that schools may need to flex around local health conditions. Also, staff who provide specific therapies or supports may be absent or in short supply. This could lead to inequities and a loss of progress for these students.

How can we address a student's skill or behavior loss or lack of progress that resulted from a LEA's inability to provide FAPE during an extended school closure? Or during an unavoidable block of time when a student has not received adequate services?

Schools will need to collaborate with parents to identify new strategies. Who will do this? If IEP revisions are not adequate, we might see schools extending  graduation dates for students under the age of 21.

https://www.education.pa.gov/K-1

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Slide #5 News Article   Texas Education Agency's newest health and safety guidelines regarding COVID-19

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Slide #5 News Article   Texas Education Agency's newest health and safety guidelines regarding COVID-19

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This article discusses student needs related to feeding tubes and other hands on care. No direction has been created for educators. Providing services cannot be with 6 feet of social distancing.
"The words "special needs instruction" or "special education" are found nowhere in the TEA's nine pages of new guidelines", showing a lack of planning on the part of the state.

https://www.khou.com/article/news/new-tea-covid-19-guidelines-give-little-direction-to-special-education-instructors-teachers-union-says/287-23e15f8a-c5c4-4e0e-9410-99f0fe2a2108 July 8, 2020

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Implementing Part B of the IDEA and Section 504 during a COVID-19 outbreak
School administrators need to monitor local conditions and updates in recommendations and regulations. Each adaptation should be reviewed for student equity.

"If an LEA closes its schools to slow or stop the spread of COVID-19, and does not provide any educational services to the general student population, then an LEA would not be required to provide services to students with disabilities during that same period of time. Once school resumes, the LEA 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 ... and meet the requirements of Section 504. The Department understands there may be exceptional circumstances that could affect how a particular service is provided."
Are students at risk due to how this is interpreted?
How will existing FAPE  plans operate?
Will students be marginalized, at-risk, neglected, or fall behind?https://sites.ed.gov/idea/idea-files/q-and-a-providing-services-to-children-with-disabilities-during-the-coronavirus-disease-2019-outbreak/

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Summary as of 7/16/20 and Best Practices for Compliance:

The execution of the 20-21 school years for all students is unclear. It seems so difficult to adapt to the COVID-19 situation for all students, that discussion of the needs of students with disabilities is not being discussed yet.

Schools needs specific, but flexible plans and contingency plans for both on-site and at home education. Failing to plan for students with disabilities rights and needs could result in a lack of compliance and ongoing expense and risk to the school, while leaving students with inconsistent and limited support.

The only best practices at this time are to be proactive, stay current on all regulations, engage front line workers who have intimate knowledge of the daily needs of students to help craft plans, and solidify communication plans with the parents of students with disabilities so any modifications to IEP plans can be proposed and well managed.

I also recommend that all staff functions related to compliance have an "understudy" in the event of illness or absence from work by the originally assigned staff member.

Lastly, document minutes of internal meetings on this topic for reference and to demonstrate good faith efforts.  Touch base with your legal counsel liaison now in anticipation of future issues.

Share and collect best practices, but be open to feedback from a variety of sources.

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Slide #4 News Article   Texas schools can extend online-only learning past three weeks as per Gov. Abbott

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Slide #4 News Article   Texas schools can extend online-only learning past three weeks as per Gov. Abbott

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"Under the original guidance from the Texas Education Agency, districts could use the first three weeks of the school year to "ramp up" their coronavirus efforts and protocols, but then needed to be able to support in-school learning or risk losing state funding".   Now, Gov. Abbott says on-line learning may be extended.
The process for decision making is unclear at this time.
The process for flexing between onsite learning at periods of online learning due to outbreaks are unclear at this time.
https://talk1370.radio.com/articles/abbott-says-texas-schools-can-extend-online-only-learning

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Slide #3 Professional Association Position Statement: TEA dated July 7, 2020

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Slide #3 Professional Association Position Statement: TEA dated July 7, 2020

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"SY 20-21 Public Health Planning Guidance"  provided by TEA makes no mention of students with special needs or accommodations at all.
https://tea.texas.gov/sites/default/files/covid/covid19-SY-20-21-Public-Health-Guidance.pdf

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My professional perspective is that of a transitioning professional with 20 years of experience in healthcare and public health related policy. I intend to work in counseling in the future. I have worked in the public sector, including non-profit and for-profit institutions who often overlap academia. I’m currently a policy analyst at Texas Health and Human Services.

This Legal Guide Padlet is a resource guide for K-12 public school principals.

With the unique and serious demands of the COVID-19 pandemic we have limited information or guidance on best practices for keeping all students safe, much less students who are vulnerable due to a disability or chronic illness. Special populations require additional planning and advocacy.

I chose this topic to address and anticipate new challenges for students with disabilities or chronic illness that may arise due to the COVID-19 pandemic.  I foresee situations relevant to students with disabilities as problematic.  Issues will arise that are unique because of COVID-19.  This is new territory in some respects, where as disability rights are not new.

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Slide #10 Related Law Executive Order (Local)

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Slide #10 Related Law Executive Order (Local)

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Reference citation for the original law (local example):  Texas Government Code § 418.014, Executive Order No. GA-28, Declaration of State of Disaster.
Source of law: Statutory Law
Link to full text of law: https://gov.texas.gov/uploads/files/press/EO-GA-28_targeted_response_to_reopening_COVID-19.pdf
Brief summary of the law and what it requires: Allows for onsite education during the COVID-19 pandemic (a state declared disaster) over the summer of 2020, under certain conditions, if school districts choose to do so, stating “For the remainder of the 2019-2020 school year, public schools may resume operations for the summer as provided by, and under the minimum standard health protocols found in, guidance issued by the Texas Education Agency (TEA)” (Texas Government Code § 418.014, Executive Order No. GA-28).

This order is likely to be renewed and applied to the fall semester in some form.

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Slide #7 Original Source of Law                                             The Rehabilitation Act of 1973,  29 USC § 794, (also known as “Section 540” Statutory Law 

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Slide #7 Original Source of Law                                             The Rehabilitation Act of 1973,  29 USC § 794, (also known as “Section 540” Statutory Law 

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Link to text of law: https://www.ada.gov/cguide.htm#anchor62335
This is important historically because even if there is an education specific temporary alteration to students' rights (blamed on "unprecedented" demands due to COVID-19) this may serve as an additional path for legal challenge or recourse.

Brief summary of the law and what it requires: This Act extends beyond the scope of education. It says there can be no discrimination on the basis of a disability in activities that are federally funded. Public education is federally funded even though the states mange education.

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Slide #6 Original Source of Law                                      The Education for All Handicapped Act (EAHCA or EHA, also referred to Public Law  94-142)            Statutory Law

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Slide #6 Original Source of Law                                      The Education for All Handicapped Act (EAHCA or EHA, also referred to Public Law  94-142)            Statutory Law

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Link to text of law: https://uscode.house.gov/statutes/pl/94/142.pdf

Brief summary of the law and what it requires: Public schools need to provide an educational experience like that of non-disabled students (as closely as is possible). It says students need to be in an environment that is as least restrictive as possible and allows for full opportunity to interact with non-disabled students.

"Least restrictive" may be challenging to define during a contagious pandemic.

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Slide #2.5 Interview (optional activity)

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Slide #2.5 Interview (optional activity)

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I talked with the Deanne Repich because of her multiple viewpoints as a teacher and parent. Deane is the owner and a teacher at Great Minds Learning Academy, Pflugerville, TX.

Great Minds is a micro-school (20 students typically on-site, grades 3-12) for twice expectational students and a new national online school for students on the autism spectrum.

Deanne has a range of perspectives having experienced multiple teaching environments (twenty years of combined experience as an educator, teacher, and trainer in public schools, private schools, universities, and corporate settings, and in homeschooling her 2e children).