A rise in complaints has led federal education officials to publish a new fact sheet to remind school of their duties under Section 504 of the Rehabilitation Act of 1973. The COVID-19 pandemic has not changed those obligations. Children with disabilities have a right to a free appropriate public education (FAPE) “regardless of the challenges school face.”
According to federal officials and the law, if students do not receive the services they should, schools must convene a group to determine if compensatory services are required. A survey of parents around the country by the Council of Parent Attorneys and Advocates (COPAA), found that only 18% of students with disabilities had been offered compensatory education services despite concerns from families about regression or lack of progress since the beginning of the pandemic. The decision about whether compensatory services are necessary and to what degree must be made by people who know the student best. Frequency and duration of missed services, appropriateness to the student’s needs, and the child’s performance are just a few of the factors the team must consider. The CEO of COPAA, Denise Marshall, and federal officials are hopeful that this new guidance will help.
You can find the Department of Education’s Office for Civil Rights guidance here.