The current issue at hand is the needs of the special needs’ population is not being met during the COVID-19 pandemic.  Virtual learning is not meeting the requirements of both State and Federal governments nor is it meeting the students IEP. It is difficult to have occupational, physical, and speech therapies put in place during at home learning and this is a violation of some IEP’s.  Lastly, these students often are not on grade level and the increasing gap during virtual learning is resulting in an even larger learning discrepancy.  

NASET

            This educational resource focuses on the process used to determine a child’s specific learning strengths and needs, and to determine whether or not a child is eligible for special education services.  Assessment in special education is a process that involves collecting information about a student for the purpose of making decisions.  Assessment, also known as evaluation, can be seen as a problem-solving process.

                    Reference
NASET. (2017, December 18). NASET.org Home Page. Retrieved September 20, 2020, from https://www.naset.org/index.php?id=2876

 

The challenge of meeting the accommodations and modifications required for the special needs population during online learning is almost impossible.  Part of the issue are the guidelines put in place to protect the student such as the IDEA.  Guidelines come with time limits, occupational, physical, and speech therapies, setting these things in motion during online learning has proved difficult and, in some cases, impossible.

 

·      Districts must follow IEP’s even in times of remote learning.

·      Parents can sue if IEP’s are not followed

·      Some special education is more hands-on

                      References

Tugend, A. (2020, April 23). Teachers of Special-Needs Students Struggle with Feelings of Helplessness. Retrieved September 20, 2020, from https://www.nytimes.com/2020/04/23/education/learning/coronavirus-teachers-special-needs-students.html

 

            As part of the Coronavirus Aid, Relief and Economic Security Act, signed March 27, 2020, Secretary of Education Betsy DeVos is being implored to keep intact the 1973 Individuals with Disabilities Education Act, which guarantees students with disabilities a free public education in the U.S. 

 

·      The COVID pandemic is causing further educational gaps for the special need’s population

·      Fear of lawsuits due to a lack of IEP’s being met during the pandemic.

·      Disability rights groups are worried about losing resources.

·      Timelines not being met.

·      The National Association of Directors of Special Education and the Council of Administrators of Special Education are asking for temporary waivers for deadlines, data collection, and parent meeting procedures.

                    Reference

Jones, C. (2020, April 14). Disability rights groups, school administrators spar over possible changes to special education laws. Retrieved September 20, 2020, from https://edsource.org/2020/disability-rights-groups-school-administrators-spar-over-possible-changes-to-special-education-laws/628376

 

 

·      A student with a disability shall have access to career and technical education in accordance with the provisions of the Individuals with Disabilities Education Improvement Act (IDEA)

·      A student with a disability shall be instructed in accordance with the IEP in the least restrictive environment.

·      A student with a disability is an eligible participate in career and technical education in accordance to the ARD recommendations, IEP guidelines, and with monitoring to ensure needs are being met.

                       Reference

Texas Education Code. (n.d.). Chapter 75. Curriculum. Retrieved September 20, 2020, from http://ritter.tea.state.tx.us/rules/tac/chapter075/ch75bb.html

·      Small providers are not required to make significant structural alterations to their existing facilities if alternative means of providing the service are available.

                            Reference

GPO. (n.d.). American U.S. Government Information. Retrieved 2020, from https://www.govinfo.gov/content/pkg/USCODE-2010-title29/pdf/USCODE-2010-title29-chap16-subchapV-sec794.pdf 

·      State eligibility

·      Local educational agency eligibility

·      Evaluations, eligibility determinations, individualized education programs, and educational placements

·      Procedural safeguards

·      Monitoring, technical assistance, and enforcement

·      Administration

·      Program Information

·      Preschool grants

                      References

US Department of Education. (n.d.). Individuals with Disabilities Education Act (IDEA). Retrieved September 20, 2020, from https://sites.ed.gov/idea/

·      To the extent that public transportation services, programs, and activities of public entities are covered by subtitle B of title II of the ADA, they are not subject to the requirements of this part. 

                     References

Department of Justice. (1991). Americans with Disabilities Act Title II Regulations. Retrieved September 20, 2020, from https://www.ada.gov/regs2010/titleII_2010/titleII_2010_regulations.htm

·      Special education evaluation requests may be made verbally; it does not have to be in writing.

·      The district has 45 days to complete the evaluation.

·       Parent or guardian has a right to examine records.

                    Reference

CISD. (2020). Coahoma Independent School District Student Handbook. Retrieved 2020, from https://core-docs.s3.amazonaws.com/documents/asset/uploaded_file/498219/Student_Handbook_Revised.pdf 

 

            The Texas Administrative Code Rule §247.2 enforceable standard 2.6 says that the educator shall not discriminate against or coerce a colleague on the basis of race, color, religion, national origin, age, gender, disability, family status, or sexual orientation.  This in direct correlation of the Texas Education Code on disabilities.

Gordon goes into great details on how IDEA really works in education.  He gives several scenarios and roll playing situations for both teachers and parents to work through to gain a greater understanding of the law. 

 

·      Explains §504 law

·      Modification plans

·      Behavioral Interventions

·      IDEA Court Cases

                  Reference

Gordon, T. H. (2002). Individuals with Disabilities Education Act (Second ed.). United States: CreateSpace Independent Publishing Platform.

·      Section 504 of the Rehabilitation Act of 1973 prohibits discrimination against otherwise qualified individuals on the basis of disability.

·      The Individuals with Disabilities Education Act is a statue that mandates free appropriate public education in the least restrictive environment for students with disabilities.

·      Title II of the Americans with Disabilities Act 1990 prohibits discrimination on the basis of disability in all services, programs, and activities provided to the public by State and local governments, which includes public school.

·      District guidelines are a parent can make a verbal or written request to have their child evaluated and a district must respond within 15 days and complete the evaluation within 45 day.

·      Know and follow your IEP’s.  If you have questions contact your district coordinator immediately.

·      Failure to understand 504 law could result in a districts or staff putting their campus in strategic, financial, operational, compliance, or reputational risk.

·      Failure to follow IEP guidelines could result in a loss of federal funding.