FAPE Amidst the Covid-19 Pandemic

Ask the Advocate

Q: My child’s school is discontinuing some of her IEP services and blames Covid-19. Is the school correct?

A: No. Regardless of the COVID-19 pandemic or the mode of instruction, students with disabilities are entitled to receive a Free Appropriate Public Education (FAPE) in accordance with the Individuals with Disabilities Education Act (IDEA), and infants and toddlers with disabilities and their families are entitled to receive early intervention services. “The pandemic didn't alter IDEA's guarantee of FAPE." Katherine Neas stated, who is the acting assistant secretary of the Office of Special Education and Rehabilitative Services (OSERS). OSERS recently released the first in a series of federal guidance documents aiming to assure FAPE for students with disabilities. Click here to read the first in the series of Q&A documents: Return to School Roadmap: Q&A on Child Find Under Part B of the Individuals with Disabilities Education Act (PDF). This document reaffirms the importance of appropriate implementation of IDEA's child find obligations. Have questions? Contact Amy: My IEP Advocate / Special Education Consulting and Advocacy