The COVID-19 pandemic had students receiving special education services and their parents/guardians facing a uniquely complicated situation. Many services slowed or stopped when schools physically shut down in Spring 2020. Modified instruction, evaluations, related services such as speech & physical therapy, and behavioral counseling completely disappeared or were in many cases feebly reproduced online for several months. Also, a large population of students didn’t have the technology nor internet access needed to participate in virtual learning.
So where are we now two & half years later? The pandemic brought several issues to the forefront:
- Interruptions to instruction
- How to complete evaluations & administer assessments under varied situations
- Addressing the tight timelines for evaluations
- Ruling out exclusionary factors. Exclusionary Factors-Disorders not included. Specific learning disability does not include learning problems that are primarily the result of visual, hearing, or motor disabilities, of intellectual disability, of emotional disturbance, or of environmental, cultural, or economic disadvantage. CFR § 300.8(c)(10)
So how have or can these issues be solved:
- Grade-level instruction must resume for all students regardless of the current delivery method of in-person or virtual. There should be equal access to rigorous grade-level content for both groups.
- States, districts, and IEP teams must consider the potential application and limitations of different assessment tools across various settings. They must also consider maintaining the reliability and validity of the assessment tools being used during evaluations. When there are changes to standardized or norm-referenced assessment tools these changes should be accurately documented and a great deal of caution should be exercised in the interpretation of assessment scores. State education agencies should encourage school districts to follow the to the greatest extent possible the procedures of the assessment tools that are being administered.
- State education agencies should have developed a FAQ or guidelines to help districts address and prioritize the backlog of initial evaluations and reevaluations. There should be clear communication with parents of students who are currently in the evaluation process. Staffing shortages are still affecting the completion of evaluations.
- States education agencies should have can developed guidelines to help districts understand and apply the exclusionary factors in light of the pandemic before conducting any additional assessments to save time and undue burden on children, related service providers, and educators. Exclusionary factors should be the first step in the eligibility process going forward.
Students should have started school with an IEP in effect. Under 34 C.F.R. § 300.323(a), at the beginning of each school year, each LEA must have an IEP in effect for each child with a disability within its jurisdiction. If your child does not have a current IEP in place immediately request an IEP meeting. The IEP should contain the necessary special education and related services as well as supplementary aids and services to ensure that the IEP can be appropriately implemented. The IEP team should also make sure special education and related services can be provided if circumstances require a change in the service delivery approach. A proactive method that districts may implement as a strategy for preparedness in the event there are future long-term school closures is developing a contingency plan for service delivery so students do not go without instruction or related services.
The overall lasting effect of COVID-19 on the academic, social, and emotional well-being of students with disabilities is still unknown. One thing the pandemic taught us is that districts need to be creative in determining ways to meet the unique and distinct needs of each student with a disability. School districts should rise to the challenge of developing unique plans for each student to help students access their education if situations like the pandemic occur again.