Last updated: 4/13/2020

Frequently Asked Questions

Will a child with a disability continue to receive special education and related services while schools are closed due to the COVID-19 pandemic? 

It depends. 

If a school district closes schools and does not provide educational services to any student, students with disabilities would not be entitled to receive special education services during that closure. 

If a school district continues to provide educational services, or reopens and begins to provide educational services to students, in person or via remote instruction, it must continue to provide students with a free appropriate public education, including the special education and related services in the child’s individualized education program (IEP) or Section 504 plan. 

How will a student with a disability receive their services? 

Schools may provide services in a remote instructional environment, (e.g., individualized telephone or video conferencing; online speech therapy; online counseling etc.). 

  • The student’s ARD/IEP committee should consider how current accommodations and modifications are provided in a physical classroom setting (e.g., extra time, redirection, small group, etc.) and what this would look like in a virtual environment. 

What if there are services, accommodations, and modifications required by the student’s IEP that cannot be provided during this time? 

The student’s ARD/IEP committee must meet remotely to determine which services it can provide to meet the student’s needs. Any changes in services and accommodations may be made through the IEP amendment process. 

When services cannot be provided, either in-person or remotely, the ARD/IEP committee must make an individualized determination as to whether and to what extent compensatory services are needed, once school resumes (to make up for any skills that may have been lost and for the special education and/or related services the student missed). 

Schools are not allowed to decline all services to students with an IEP and only offer compensatory services at a later date. 

To the best of your ability, keeping a log of the services provided to your child while working remotely will assist the ARD/IEP committee in determining the amount and duration of compensatory education services that your child may be entitled to when the schools reopen. 

What if my child is infected with COVID-19 and is too ill to participate in remote instruction? 

If for an extended period of time (generally 10 consecutive school days), a child is too ill to participate fully in remote instruction or services, an ARD/IEP meeting is necessary to change the child’s placement and the contents of the child’s IEP, if warranted. If the IEP goals will remain the same and only the time in special education will change, then the ARD/IEP committee may add an amendment to the IEP stating specifically the amount of time to be spent in special education. 

If a child does not receive services after an extended period of time, the school must make an individualized determination whether and to what extent compensatory services may be needed. 

What if my child had an evaluation pending? 

If an evaluation of a student with a disability requires a face-to-face assessment or observation, the evaluation would need to be delayed until school reopens. 

Evaluations and re-evaluations that do not require face-to-face assessments or observations may take place while schools are closed, so long as a student’s parent(s) or legal guardian(s) consents.

Good Practices for Parents During COVID-19

During Remote Instruction 

  • If the school is not able to provide certain services to your child, then an ARD committee must meet to determine which services can be provided. 

    • The ARD committee may meet via telephone conference, video conference, email, or other means that are in compliance with any state or city orders in effect. 

  • Document times your child did not receive/was not able to access the instruction and services. 

  • Document times your child was not engaged, any lost skills, and signs of regression. 

  • Document signs indicating the closure and/or virus caused any new special education needs for your child. 

  • Ask the school about the use of online therapy or other counseling tools, if you feel your child may benefit from these services. 

When School Resumes: 

  • Make sure the ARD/IEP committee makes an individualized determination as to whether compensatory services are needed, which will typically require holding an ARD/IEP meeting and potentially conducting a new set of evaluations. 

  • Parents may also request a reevaluation to determine whether there has been a regression of skills.