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US ED reaffirms application of IDEA in pandemic
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US ED reaffirms application of IDEA in pandemic

Leaders of offices for special education wrote to state and local educators about maintaining that services should be provided.

John Wills Lloyd
Aug 27, 2021
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US ED reaffirms application of IDEA in pandemic
www.specialeducationtoday.com

In a press release entitled "New Guidance Reaffirms Importance of Full Implementation of Individuals with Disabilities Education Act Amidst COVID-19 Pandemic," the United States Department of Education declared that "[r]egardless of the COVID-19 pandemic or the mode of instruction, children with disabilities are entitled to receive a free, appropriate, public education." In a letter to state and local education agencies a well as other stakeholders, Katherine Neas and David Cantrell of the Office of Special Education and the Office of Special Education and Rehabilitative Services, respectively, sought to "clarify expectations and requirements for implementing IDEA in light of the many challenges of the COVID-19 pandemic."

In general, the ED officials argued that children and youths with disabilities should continue to receive special education services even during the pandemic. They expressly state that ED cannot and will not issue waivers of the fundamental aspects of the US Individuals with Disabilities Education Act (IDEA). As noted in a separate document, the array of services covered by IDEA includes "child find" responsibilities, which should still be implemented, especially in light of students who may not return to school after previous periods of time when schools were closed.

The documents are dated 24 August 2021. They are available via the following links.

  • Press release: https://www.ed.gov/news/press-releases/new-guidance-reaffirms-importance-full-implementation-individuals-disabilities-education-act-amidst-covid-19-pandemic

  • Letter: https://sites.ed.gov/idea/files/rts-idea-08-24-2021.pdf

  • Child find document ("Q&A"): https://sites.ed.gov/idea/files/rts-qa-child-find-part-b-08-24-2021.pdf

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US ED reaffirms application of IDEA in pandemic
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Beth Potts
Aug 30, 2021Liked by John Wills Lloyd

This is really more of a comment on John's commentary about trying to get to the bottom line of "loss" from school closures due to COVID. Around here (in the MidWest, in a county whose vaccination rate just jumped to 30% after sitting in the low 20s for the last two months) schools stayed open, though many parents put their kids in virtual academies or in private schools so they wouldn't have to wear masks. I suspect that the impact isn't limited to those who weren't physically in a building. And it goes beyond how much learners miss when they can't see a teacher's mouth (learning to read, but so much more). Teachers don't have the brain space to individualize like they need to, and like I'm hoping they would have pre-COVID, even for those without disabilities. They have to spend more time on SEL, on building relationships, and on following the ping-pong balls of learners in and out of quarantine. My point--whoever has the time and brain space to do the research (i.e., not me) need to recognize that even the independent variables are numerous.

And then there is this year, where even more learners are having to be quarantined because many districts are trying to pretend that COVID is over, or that COVID isn't bad for kids, or because somehow people set rules about masks related to vaccinated and unvaccinated people over 12, ignoring the fact that no one under 12 can be vaccinated and should, I don't know, ALL follow the rules for unvaccinated people. What is the long-term implication of showing our kids that 1) they aren't worth protecting, and 2) they're exceptions to health and safety rules?

(sorry, the stress of the ticking time bomb is getting to me)

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Jane Bogan
Aug 30, 2021Liked by John Wills Lloyd

I think this will become even more important with the ever-growing impact of the pandemic on the education of children.

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