EDUCATION LAW VIRTUAL LEARNING: IEPS, COVID-19 & COMPENSATORY EDUCATION

The most common parental complaint since the COVID-19 State of Emergency school closures and implementation of “virtual instruction” is that students are not receiving their IEP educational and related services.

Question: Is there anything parents are able to do about it in the middle of a global pandemic?
Answer: Yes. As parents, you can take steps both now and after your child returns to school to protect your child’s educational rights.

What parents should do now:
1. Review your child’s IEP Statement of Special Education and Related Services.
2. Determine what IEP services are being delivered during the COVID-19 closure.
3. Understand your child’s rights: School districts are required to provide special education and related services “through electronic communications, virtual, or other online platforms” in accordance with the child’s IEP. See N.J.A.C. 6A:14-1.1. Additionally, school districts have to provide IEP related services “to the greatest extent possible.” N.J.A.C. 6A:14-3.9.
4. Advocate by contacting your child’s case manager by email and specifically request that the school immediately start providing any special education or related services in your child’s IEP that are not being delivered. If the district refuses or has numerous excuses, consider obtaining legal advice.
5. Keep a log of all the IEP services delivered during the COVID-19 State of Emergency. Keep a daily log of services received, the length of the service, and record any missed sessions.
6. Track your child’s progress, or lack thereof, so you have data on whether your child needs “make-up sessions/services”, which is also known as compensatory education. Keep work samples and use video to reflect your child’s present levels during this virtual instruction.

What parents should do once school opens:
1. Provide your log of services rendered to the case manager either on a weekly basis during the closure, or as one document upon notice of the school resuming.
2. Request that your child’s teacher or service provider assess the level of functioning when the COVID-19 State of Emergency ends and schools are open.
3. Schedule an IEP meeting to discuss your child’s present levels and to determine what, if any, compensatory education may be required. The documentation you kept is the best evidence to determine the compensatory education services that may be due your child. Bring your log and evidence of regression documents to that meeting. If the IEP Team determines that your child does not need compensatory services, then consider obtaining legal advice.

With over 25 years’ combined experience, The Education Law Group at PRICE, MEESE, SHULMAN & D’ARMINIO, P.C. provides no contact virtual consultations to assist families with any and all educational needs.
Please contact us at 201-391-3737 or specialed@pricemeese.com.