If the district continues providing education opportunities to students during the closure, this includes provision of special education and related services, too, as part of a continuity in learning plan. This requirement ensures students with and without disabilities are treated equitably and is required by federal and state anti-discrimination laws, including Title II of the ADA, Section 504 of the Rehabilitation Act, and the IDEA.

District leaders should consider the use of accessible distance technology, the use of small groups of students with disabilities and access to nondisabled peers, instructional phone calls, and other curriculum-based activities. District staff and staff from other impacted agencies and facilities should be included in planning efforts, as they bring expertise regarding services to students with disabilities, which can be embedded through the district plan. There may be “exceptional circumstances” that could affect how a particular service is provided, which may result in a later need to provide compensatory education.

If the district is not providing educational services to students during the closure, then there is not a requirement to provide special education services during the same time period. Districts will want to consider special education needs on a case-by-case basis during the closure to address health and safety needs of students with disabilities.

Districts should communicate the expectation and plan to meet with Individualized Education Program (IEP) teams, including parents, when school resumes, to address student-specific needs resulting from the closure. This might include discussions of compensatory education and extended school year (ESY) services, made on a case-by-case basis. Any need for compensatory services related to school closure or inability to fully implement a student’s IEP will be addressed after school resumes. When educational services are provided, districts will want to collect progress data for IEP goals in order to inform parents and IEP teams and assist in compensatory service decisions later.

For students with special health care needs as identified by IEPs, 504 plans, health care plans, and the student’s parents, districts should address those needs on a case-by-case basis.

• There is no defined or correct delivery method that will equitably meet the needs of all students. Districts need to be flexible and consider employing a variety of delivery options.
• Districts should prioritize health and safety of students, staff, and communities. Districts should identify and acknowledge service delivery limitations, as well as the need for districts to “make every effort to fully implement a student’s IEP or 504 plan” once school resumes. This requirement to “make every effort…” does not allow a district to decline all services to students with an IEP and only offer compensatory services at a later date.
• As district leadership plans for rollout of educational services during school closures, they should consider, address, and communicate equity needs for students with disabilities (with IEPs and 504 plans), English learners, students from low-income families, those placed in-private facilities inside the state and in other states, those receiving preschool services, and those served in community school-to-post school transition programs, home/hospital placements, and state and county facilities.
• Districts should understand that parents of students with IEPs are concerned about district plans and whether those plans consider or appropriately address the needs of their child.
  • Districts should consider the need and methods to provide proactive and ongoing communication with parents of students with disabilities. Districts should identify communication channels to and from parents and ensure there are real-time opportunities for questions and concerns to be responded to and needs addressed.

• Districts should clarify their expectation and plan to meet with IEP teams, including parents, when school resumes to address student-specific needs resulting from the closure. This might include discussions of compensatory education and extended school year (ESY) services made on a case-by-case basis. Any need for compensatory services related to school closure or inability to fully implement a student’s IEP will be addressed after school closures end.