I. Background Information on Section 504 and IDEA Part B and C
II. What Is Long COVID and What Is Its Impact on Children and Students
According to the CDC, Long COVID is another term for post-COVID conditions (“a wide range of new, returning, or ongoing health problems people can experience more than four weeks after first being infected with the virus that causes COVID-19.”)
*Long COVID can be a disability under the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973.
III. Protections and Services under IDEA and Section 504 for Children and Students with Long COVID
Eligibility for long COVID Services under IDEA Part B and C:
- Part B – the child must be evaluated and determined to have a disability which requires specialized services under IDEA.
- Part C – an infant/toddler must receive a comprehensive, multidisciplinary evaluation and meet the State’s criteria.
Eligibility for long COVID Services under Section 504:
- If a student’s long COVID substantially limits one or more major life activities, the student would have a disability under 504.
IV. What to Do If a Child or Student Is Experiencing Long COVID
Early Childhood, Elementary, and Secondary Children and Students:
- Under IDEA Part B and C – Child Find requires that all children who need special education and related services are identified, located, and evaluations, regardless of the severity of the disability.
- Under Section 504 – schools must conduct an evaluation in a timely manner of any student who needs or is believed to need special education or related services because of a disability. For example, a student who has had COVID-19 and who continues to have difficulty concentrating may require an evaluation.
Post-Secondary Education Students:
- The obligation of colleges and universities under Section 504 to provide students with disabilities an opportunity to participate that is equal to that of students without disabilities extends to students who’s long COIVD substantially limits a major life activity.
Source: United States Department of Education Office for Civil Rights