On March 21, 2020, the United States Department of Education Office for Civil Rights released guidance for how schools across the country should continue to uphold the civil rights of all students while also addressing the COVID-19 pandemic. Below is each state’s (and the District of Columbia's) individual guidance for special education in elementary and secondary schools, and for parents of students with disabilities.
Last updated April 7, 2020. For the most up-to-date information, please refer to links provided in your state’s section.
Alabama
“Special education and related services must be provided to SWDs when instruction is provided. The quality of SDI will be judged in light of the current circumstances and in light of whether schools made good faith, reasonable efforts to deliver SDI during an unfortunate health and safety emergency.
Distance learning may look different for SWDs. If the “distance learning” is online, individualized supports and services will be provided to those for whom an online model is appropriate, accessible and reasonable. For others, “appropriate” distance learning may look different—all must be considered in light of the current COVID-19 circumstances and the child’s needs presented in the current situation, etc.”
More Information: Alabama Special Education Services
Alaska
“It is important to point out the difference between an extended break and a school closure. During the extended break, no services are being provided to any students (regular Education or otherwise)
During a school closure, accommodations must be made for the delivery of services to all students, including students receiving special education services. These service plans will be very different from student to student, despite limitations of the resources necessary to carry out services. The status of “medical closure” is pending more information.”
More Information: Alaska COVID-19 FAQ
Arizona
“The IDEA, Section 504, and Title II of the ADA do not specifically address a situation in which public schools are closed for an extended period of time (generally more than 10 consecutive days) because of exceptional circumstances, such as an outbreak of a disease. During this school closure due to COVID-19, if the public education agency (PEA) does not provide any educational services to the general student population, then the PEA would not be required to provide services to students with disabilities during that same period of time. In this case, once school resumes, the PEA must make every effort to provide special education and related services to the child in accordance with the child’s individualized education program (IEP) or, for students entitled to a free appropriate public education (FAPE).
If a child does not receive services after an extended period of time, a school must make an individualized determination whether and to what extent compensatory services may be needed, consistent with applicable requirements, including to make up for any skills that may have been lost.”
More Information: Arizona Department of Education
Arkansas
“If a district has extended school closures, the district remains responsible for the free appropriate public education (FAPE) of its students who are eligible for special education services with an IEP. FAPE may include, as appropriate, special education and related services provided through distance instruction provided virtually, online, or telephonically. Districts should be communicating with parents and guardians prior to, during, and after a school closure regarding their child’s IEP services. After an extended closure, districts are responsible for reviewing how the closure impacted the delivery of special education and related services to students and should plan accordingly to support each student’s needs.
Please note, if a school closure causes educational services for all students to pause within a school or district, then the school/district is generally not required to provide services to the affected students eligible for special education services during that same period of time. However, this does not negate the district’s responsibility in regard to the district’s approved AMI Plan for short-term closures. Additional guidance will be given to schools if long term closures become necessary.”
More Information: Arkansas COVID-19 Information
California
“At this time, the federal government has not waived the federal requirements under the Individuals with Disabilities Education Act (IDEA). To review guidance from the USDOE titled “Questions and Answers on Providing Services to Children with Disabilities During the Coronavirus Disease 2019 Outbreak,” visit the USDOE website at California Special Education.
The CDE and the California State Board of Education (SBE) are working with the United States Department of Education (USDOE) to determine what flexibilities or waivers may be issued in light of the extraordinary circumstances. Until and unless USDOE ultimately provides flexibilities under federal law, LEAs should do their best in adhering to IDEA requirements, including federally mandated timelines, to the maximum extent possible. LEAs are encouraged to consider ways to use distance technology to meet these obligations. However, the CDE acknowledges the complex, unprecedented challenges LEAs are experiencing from the threat of COVID-19. As such, the CDE is committed to a reasonable approach to compliance monitoring that accounts for the exceptional circumstances facing the state.”
More Information: Special Education Guidance for COVID-19 - Health Services & School Nursing (CA Dept of Education)
Colorado
Colorado follows federal guidelines.
“The IDEA, Section 504, and Title II of the ADA do not specifically address a situation in which elementary and secondary schools are closed for an extended period of time (generally more than 10 consecutive days) because of exceptional circumstances, such as an outbreak of a particular disease. If an LEA closes its schools to slow or stop the spread of COVID-19, and does not provide any educational services to the general student population, then an LEA would not be required to provide services to students with disabilities during that same period of time. Once school resumes, the LEA must make every effort to provide special education and related services to the child in accordance with the child’s individualized education program (IEP) or, for students entitled to FAPE under Section 504, consistent with a plan developed to meet the requirements of Section 504.
The Department understands there may be exceptional circumstances that could affect how a particular service is provided. In addition, an IEP Team and, as appropriate to an individual student with a disability, the personnel responsible for ensuring FAPE to a student for the purposes of Section 504, would be required to make an individualized determination as to whether compensatory services are needed under applicable standards and requirements.”
More Information: Colorado COVID-19
Connecticut
“The Individuals with Disabilities Education Act (IDEA) does not specifically address a situation in which school would be closed for an extended period of time due to exceptional circumstances, such as a pandemic emergency. School districts must provide a free and appropriate public education (FAPE) consistent with the need to protect the health and safety of students, and those individuals providing education, specialized instruction, and related services to these students. Federal disability law allows for flexibility in determining how to meet the individualized needs of students receiving special education services.
Given that Connecticut has mandated statewide school closures, it is essential that school districts focus on providing continued educational opportunities for all students. School districts must ensure that students receiving special education have access to these opportunities. For students with individualize education program (IEPs), school districts must ensure that each student is provided the special education and related services identified in the student’s IEP developed pursuant to the IDEA, to the greatest extent possible. Continued educational opportunities are not required to be determined or documented within the planning and placement team (PPT) process, however these opportunities should be individualized based upon the student’s unique needs.”
More Information: Connecticut COVID-19 Memorandum
Delaware
“The IDEA, Section 504, and Title II of the ADA do not specifically address a situation in which elementary and secondary schools are closed for an extended period of time (generally more than 10 consecutive days) because of exceptional circumstances, such as an outbreak of a particular disease. If an LEA closes its schools to slow or stop the spread of COVID-19, and does not provide any educational services to the general student population, then an LEA would not be required to provide services to students with disabilities during that same period of time-related modifications and services may be effectively provided online.
Where technology itself imposes a barrier to access or where educational materials simply are not available in an accessible format, educators may still meet their legal obligations by providing children with disabilities equally effective alternate access to the curriculum or services provided to other students. For example, if a teacher who has a blind student in her class is working from home and cannot distribute a document accessible to that student, she can distribute to the rest of the class an inaccessible document and, if appropriate for the student, read the document over the phone to the blind student or provide the blind student with an audio recording of a reading of the document aloud.”
More Information: Delaware Department of Education
District of Columbia
“Students who are included for most of their school day in the general education classroom follow the grade level lessons.
Students in BES and SLS programs also follow their grade level content and do not have individualized learning packets created by their teachers.
Students in all other self-contained programs or students pursuing a Certificate of IEP Success will have an individualized packet of instruction designed by the teachers and aligned to IEP goals. Parents can make this packet the instructional priority. Parents may still access any of the general education content that may interest, challenge or encourage their child.”
More Information: DC Education Resources
Florida
“The IDEA, Section 504, and Title II of the ADA do not specifically address a situation in which elementary and secondary schools are closed for an extended period of time (generally more than 10 consecutive days) because of exceptional circumstances, such as an outbreak of a particular disease. If an LEA closes its schools to slow or stop the spread of COVID-19, and does not provide any educational services to the general student population, then an LEA would not be required to provide services to students with disabilities during that same period of time. Once school resumes, the LEA must make every effort to provide special education and related services to the child in accordance with the child’s individualized education program (IEP) or, for students entitled to FAPE under Section 504, consistent with a plan developed to meet the requirements of Section 504.
The Department understands there may be exceptional circumstances that could affect how a particular service is provided. In addition, an IEP Team and, as appropriate to an individual student with a disability, the personnel responsible for ensuring FAPE to a student for the purposes of Section 504, would be required to make an individualized determination as to whether compensatory services are needed under applicable standards and requirements.”
More Information: Florida COVID-19 Response
Georgia
“If a school system has extended school closures, the school system will remain responsible for FAPE of its students eligible for special education services with an IEP. If a school closure causes educational services for all students to pause within a school or school system, then the school/school system is generally not required to provide services to the affected students eligible for special education services during that same period of time.
After an extended closure, school systems are responsible for reviewing how the closure impacted the delivery of special education and related services to students eligible. Students may need extra services to make up for these missed services.”
More Information: Georgia Special Education
Hawaii
“When all students are provided educational opportunities, the schools must implement, to the greatest extent possible, special education and related services. Schools may not be able to provide all of a child’s services in the same manner typically provided.
Schools must ensure students with disabilities have equal access to the same educational opportunities that are provided to all students. Accommodations and modifications will be provided to the greatest extent possible given the circumstances
When school resumes in its traditional manner, Individualized Education Program (IEP) and Section 504 teams will meet to determine any loss of skills as a result of the extended school closure and the child’s need for compensatory education.”
More Information: Hawaii COVID-19 Information for Parents
Idaho
“If a district has extended school closures but continues to provide educational services to all students, the district will remain responsible for the free appropriate public education (FAPE) of its students eligible for special education services with an individualized education program (IEP). Districts should be communicating with parents and guardians prior to, during, and after a school closure regarding their child’s IEP services.
Districts and schools will work to ensure that all students receive services to the most appropriate extent possible. Although special education or related services may need to be adjusted, IEP teams should work to ensure that a student on an IEP receives services comparable to all other students. Services might include schoolwork packets, online learning, or some other learning adapted to the student’s needs and location.”
More Information: Idaho Special Education FAQ
Illinois
“The Office for Civil Rights guidance provides that a LEA that is not providing any educational opportunities to its general education students would not be required to provide services to students with disabilities during that same period of time.
Pursuant to the guidance from OCR, if a student does not receive services after an extended period of time, the student’s IEP team (or appropriate personnel under Section 504) must make an individualized determination whether and to what extent compensatory services are needed consistent with the respective applicable requirements, including to make up for any skills that may have been lost.”
More Information: Illinois School Closure Guidance
Indiana
“Local Education Agencies (LEAs) are encouraged to provide learning opportunities to students if possible so students can make educational progress despite the significant disruption of school closures. This includes providing students with disabilities access to these opportunities to the greatest extent possible during this public health emergency.
If some services cannot be provided or minutes are reduced, the LEA must consider, whether and to what extent, compensatory services are required once the school reopens. These determinations must be made on an individual student basis.”
More Information: Indiana COVID-19 Guidance
Iowa
“Schools Closed and No Services Provided. If a school district closes its schools to slow or stop the spread of COVID-19 and does not provide any educational services to the general student population, then it would not be required to provide services to students with disabilities during that same period of time.
If a nonpublic school student with a disability receives services from the public school district under Iowa Code section 256.12 and the public school is closed, the public school does not need to provide services to that student. If schools are closed and no services are provided, there is no automatic entitlement for services to be “made up” once services resume. Each child’s team, however, must consider the extent to which additional services are required to receive a FAPE.
Schools Closed and Services Provided. If a district continues to provide educational opportunities to the general student population during a school closure, the district must ensure that students with disabilities also have equal access to the same opportunities, including the provision of FAPE under Section 504 and Title II of the Americans with Disabilities Act.”
More Information: 2020-03-17 Guidance for Iowa AEAs and School Districts for IDEA During COVID-19 Outbreak
Kansas
“When a school is closed due to a COVID-19 outbreak, but is implementing its Continuous Learning Plan, the school must ensure that each student with an exceptionality also has equal access to the same opportunities, including, to the greatest extent possible under these unprecedented circumstances, a free appropriate public education (FAPE). School districts must provide a FAPE consistent with the need to protect the health and safety of students with exceptionalities and those individuals providing education, specialized instruction, and related services to these students.
In this unique and ever-changing environment, these exceptional circumstances may affect how all educational and related services and supports are provided. FAPE may include, as appropriate, special education and related services provided through distance instruction provided virtually, through instructional materials sent home, or telephonically. The determination of how FAPE is to be provided may need to be different during the time when a school is closed and implementing its Continuous Learning Plan.
This guidance is consistent with and based upon the Office for Civil Rights (OCR) and Office of Special Education and Rehabilitative Services (OSERS) Supplemental Fact Sheet Addressing the Risk of COVID-19 in Preschool, Elementary and Secondary Schools While Serving Children with Disabilities issued on March 21, 2020. Educators should read that document fully for more guidance regarding how to provide special education and related services in a distance learning environment.”
More Information: Kansas COVID-19 Announcement
Kentucky
“If a local school district elects to utilize Kentucky’s NTI program to provide educational opportunities to the general student population then the district must also ensure that students with disabilities have equal access to the same opportunities, including the provision of FAPE.
Districts must ensure that, to the greatest extent possible, each student is provided the special education and related services identified in the student’s IEP developed under IDEA. If a student does not receive IEP services, the Admissions and Release Committee (ARC) must make an individual determination to decide whether the student requires compensatory education to make up for any skills that may have been lost because the student did not receive educational benefit.
If a district is unable to provide services to a student with a disability in accordance with the student’s IEP, the student’s ARC must determine which services can be provided to appropriately meet the student’s needs. The ARC may meet by teleconference or other means to determine if some, or all, of the identified services can be provided through alternate or additional methods. NTI days are considered instructional days and must be included for purposes of determining compliance with IDEA timeline requirements.”
More Information: Kentucky Education Updates
Louisiana
“If a school system has extended school closures, the school system will remain responsible for FAPE of its students eligible for special education services with an IEP. If a school closure causes educational services for all students to pause within a school or school system, then the school/school system is generally not required to provide services to the affected students eligible for special education services during that same period of time.
The school system should also consider whether the student could benefit from instructional telephone calls, online learning, and other distance-based learning approaches, to the extent available. The U.S. Department of Education has issued a Q&A document on providing services to children with disabilities during the coronavirus outbreak.”
More Information: Louisiana Resources
Maine
“If the school is closed (no instructional services provided to any students), then there is no requirement for FAPE during the closure. Once instruction resumes, SAUs shall conduct IEP meetings to determine adverse impact on special education students on a case-by-case basis.
If a student is infected with COVID-19, the school should approach this situation similarly to a homebound student. The district will need to determine if the child can access instruction from home, such as, online or virtual instruction, instructional phone calls and/or other curriculum-based instructional activities. If a child is unable to receive services for an extended period, the IEP team must make an individualized determination as to what extent compensatory services are needed. (MUSER X.2.C.(2)(f))
For the documented medically fragile child who is excluded from school during an outbreak of COVID-19 or if the student is not medically able to return when instruction resumes, the IEP team must convene to consider an amendment to the IEP to include homebound instructional services.”
More Information: Maine Education Resources
Maryland
“If the local public agency provides educational services to the general student population, such as through distance learning, it must provide equitable access to comparable opportunities to students with disabilities, tailored to their individual needs, to the maximum extent possible.
The DOE has made it clear that schools may not decline to provide general education instruction through alternative delivery models in order to avoid addressing matters pertaining to services for students with disabilities. Instead, decisions about the provision of education services must be based on consideration of the health, safety, and well-being of students and school staff.
In Maryland, instruction to students with disabilities is expected to be provided in alignment with the general education plans that each public agency is being required to develop. Students remain entitled to related services under their IEP. Local public agencies should consider how these services, such as speech and language therapy, may be provided virtually.”
More Information: Maryland Special Education Bulletin
Massachusetts
“The United States Department of Education (USED) has stated that during this national emergency “school districts must provide a free and appropriate public education (FAPE) consistent with the need to protect the health and safety of students with disabilities and those individuals providing education, specialized instruction, and related services to these students.”
Schools may not be able to provide all services in the manner they are typically provided pursuant to students’ IEPs. The provision of FAPE may include, as appropriate, special education and related services provided remotely through resources and supports (such as strategies, projects and packets provided to students matched with regular and ongoing communication from special education team members) and services and instruction (such as virtual, online, or telephonic instruction).
During this period of school closure, districts should make every effort to use creative strategies to provide special education instruction and services to the extent feasible. Moreover, any educational opportunities offered to the general student population, including enrichment activities and resources, must be made accessible to students with disabilities.”
More Information: Massachusetts Special Education FAQ
Michigan
“If a district chooses to provide educational support (online learning, instructional packets, enrichment/enhancement activities, among other approaches) to all students, districts must consider the additional needs of students with disabilities, including accessibility. Educational supports provided through distance learning approaches are designed to assist students in maintaining skills, and in some cases, make progress in the general education curriculum. Districts must address the unique and individual needs of students with disabilities when utilizing these approaches.
If technology is needed for a student with a disability to access an educational activity, the needed technology and support must be provided by the district at no charge to the student.”
More Information: Michigan Education Memorandum
Minnesota
“Once distance learning instruction begins for all students in districts, this also includes students on IEPs in all instructional settings, including those students in Level 4 programs. As per the Governor’s order, districts have planning time from March 18-27 to plan for their distance learning instructional services model.
School districts must provide a [FAPE] consistent with the need to protect the health and safety of students with disabilities and those individuals providing education, specialized instruction, and related services to these students. In this unique and ever-changing environment, OCR, and OSERS recognize that these exceptional circumstances may affect how all educational and related services and supports are provided, and the [U.S. Department of Education] will offer flexibility where possible.
However, school districts must remember that the provision of FAPE may include, as appropriate, special education and related services provided through distance instruction provided virtually, online, or telephonically. Where technology itself imposes a barrier to access or where educational materials simply are not available in an accessible format, educators may still meet their legal obligations by providing children with disabilities equally effective alternate access to the curriculum or services provided to other students.”
More Information: Minnesota COVID-19 Education
Mississippi
“If the district is not providing educational services to students during the closure, then there is not a requirement to provide special education services to students with disabilities during the same time period.
If a LEA continues to provide educational opportunities to the general student population during a school closure, the school must ensure that students with disabilities also have equal access to the same opportunities, including the provision of FAPE.
Based on the current circumstances and the highly individualized nature of special education services it is possible that in some cases it may be very difficult to fully implement a student’s IEP. If that is the case, IEP Committees should make every effort to meet and make any necessary revisions or additions to the student’s IEP.”
More Information: Mississippi COVID-19 Education Guidance
Missouri
“If schools are closed, but the LEA continues to provide educational opportunities to the general student population during the closure, the school must ensure that students with disabilities also have equal access to the same opportunities, including the provision of FAPE. The LEA must ensure that, to the greatest extent possible, each student with a disability can be provided the special education and related services identified in the student's IEP.
If an LEA cannot implement the IEP as written and provide services necessary for the provision of FAPE in either a face-to-face or virtual environment, the LEA should document carefully what services were not able to be provided to each individual student. This documentation must be detailed enough to enable the IEP team to later make determinations regarding what compensatory services need to be considered for individual students. LEAs should plan for effective communication with families regarding any services provided during the COVID-19 pandemic response.”
More Information: Missouri COVID-19 FAQ
Montana
“If a school provides educational opportunities to the general student population during the school closure, the school must ensure that students with disabilities also have equal access to the same opportunities, including the provision of FAPE.
The guidance from the Department of Education is clear that once a school resumes normal operations, each student’s IEP team must make an individualized determination whether compensatory education is necessary.”
More Information: Montana Special Education Guidance
Nebraska
“If the district continues providing education opportunities to students during the closure, this includes provision of special education and related services, too, as part of a continuity in learning plan. This requirement ensures students with and without disabilities are treated equitably and is required by federal and state anti-discrimination laws, including Title II of the ADA, Section 504 of the Rehabilitation Act, and the IDEA.
If the district is not providing educational services to students during the closure, then there is not a requirement to provide special education services during the same time period. Districts will want to consider special education needs on a case-by-case basis during the closure to address health and safety needs of students with disabilities.”
More Information: Nebraska Education Resources
Nevada
“As of April 2, Nevada has not introduced any statewide rules for special education during COVID-19. The federal guidelines have been included below.
If a school district closes its schools and does not provide any educational services to the general student population, then a school would not be required to provide services to students with disabilities during that same period of time. Once school resumes, the school must return to providing special education and related services to students with disabilities in accordance with the student’s IEP or, for students entitled to FAPE.
If a student does not receive services after an extended period of time, the student’s IEP Team, or appropriate personnel under Section 504, must make an individualized determination whether and to what extent compensatory services are needed consistent with the respective applicable requirements, including to make up for any skills that may have been lost.”
More Information: Office for Civil Rights Fact Sheet
North Carolina
“If a school district closes its schools and does not provide any educational services to the general student population, then a school would not be required to provide services to students with disabilities during that same period of time. Once school resumes, the school must return to providing special education and related services to students with disabilities in accordance with the student’s IEP or, for students entitled to FAPE.
If a student does not receive services after an extended period of time, the student’s IEP Team, or appropriate personnel under Section 504, must make an individualized determination whether and to what extent compensatory services are needed consistent with the respective applicable requirements, including to make up for any skills that may have been lost.”
More Information: Office for Civil Rights Fact Sheet
New Hampshire
“FAPE The Department’s position is consistent with the OSEP guidance stating that if non-disabled students are receiving remote or other instruction, we need to find ways to provide special education student’s services outlined in their IEP. If non-disabled peers are not receiving instruction, special education students would not necessarily receive services.
Our approach is a three-tiered safety net of support for students with an IEP:
Services may be of a nature that they can be provided in a remote instructional environment. This may include, for example, daily “check-ins” with a student, which may be able to be provided seamlessly in a remote instruction model.
Another option may be to have a limited number of students (hence lower COVID-19 risk) continue to come to the school for those specific services. This might be OT/PT, or perhaps speech therapy or student counseling. You may determine that these students can come to the school building for these limited services only.
When services cannot be provided, the child can expect to receive compensatory services (to make up for the special education and/or related services the child missed), or a combination of any of these options.”
More Information: New Hampshire COVID-19 Guidelines
New Jersey
“Home instruction/services shall be consistent with the student’s Individualized Education Plan Program (IEP) to the most appropriate extent possible. Districts should talk to parents, who are key members of the IEP team, and help them consider how they may best ensure that students with disabilities have the necessary supports, including medical supports, in place during a public health-related school closure.
This is a temporary situation, and districts must offer special education services to the most appropriate extent possible while students are away from their schools/programs. IEP teams may need to consider compensatory services when students return to school and IEPs may need to be adjusted accordingly. The IEP team should determine the amount of compensatory related services students with IEPs may require, on a case-by-case basis, when school resumes.”
More Information: New Jersey Special Education Guidance
New Mexico
“Initially, the US Department of Education issued guidance stating that if Schools do not provide any educational services to the general student population during the school closure, then it would not be required to provide services to students with disabilities during the school closure. However, on March 21, 2020, new federal guidance was issued and emphasized that “schools should not opt to close or decline to provide distance instruction, at the expense of the students, to address matters pertaining to services for students with disabilities” and stated that “to be clear: ensuring compliance with the Individuals with Disabilities Education Act 1990 (IDEA), Section 504, the Americans with Disabilities Act of 1990 (ADA) should not prevent any school from offering educational programs through distance instruction.”
If a School continues to provide educational opportunities to the general student population during a school closure, then it must ensure that students with disabilities also have equal access to the same opportunities, including the provision of FAPE.
Schools must ensure that, to the greatest extent possible, each student with a disability can be provided the special education and related services identified in the student’s Individualized Education Plan (IEP) developed under IDEA. With the extended school closure to the end of this school year, the PED is requiring Schools to provide Continuous Learning to students, to submit assurances about the provision of such learning, and to submit and obtain approval by the PED of a Continuous Learning Plan. Special Education is an included requirement of the Continuous Learning Plan.”
More Information: Special Education FAQ
North Dakota
“In accordance with the North Dakota Department of Public Instruction interim guidance and the Governor’s Executive Order, the intent is to educate and graduate the students of North Dakota through the end of the academic year while maintaining the health and safety of all, including students with disabilities. There may be circumstances where an IEP/504 team needs to consider once school resumes under normal circumstances, on an individual basis, whether there is a need for compensatory education.
Distance Learning: all students are provided an opportunity to learn from a distance.
Under the IDEA, every student with an IEP is entitled to receive a free appropriate public education (FAPE), which includes specially designed instruction based on a student’s unique needs designed to ensure the student makes progress in the general curriculum and toward meeting IEP goals.”
More Information: North Dakota Special Education
New York
“If a school district closes its schools to slow or stop the spread of COVID-19, and does not provide any educational services to the general student population, then the school district would not be required to provide services to students with disabilities during that same period of time.
If a school district continues to provide education opportunities to its general student population during a school closure, the school district must ensure that students with disabilities also have equal access to the same opportunities, including the provision of a free appropriate public education.
District must review how the closure impacts the delivery of special education and related services to students eligible for special education services. If a student does not receive services during a closure, the Committee on Special Education must make an individualized determination whether and to what extent compensatory services may be needed, consistent with applicable requirements, including to make up for any skills that may have been lost.”
More Information: New York COVID-19 Guidance
Ohio
“While balancing the need to protect the health and safety of students with disabilities during this national health emergency, schools should continue to try to provide a Free Appropriate Public Education (FAPE). It is important to communicate and collaborate with parents, working together to find ways to continue to best serve and educate students with disabilities while protecting the health and safety of students, educators and the community.
Districts offering instruction to all students, including via alternative delivery models like online learning, blizzard bags or mail are required to make a good faith effort to provide special education services for students with disabilities during the ordered school-building closure. If a student with a disability cannot access the alternative delivery models being offered to general education students, the district should consult with the student’s parents and/or caregivers to determine the needs of the student and identify the most appropriate means for meeting those needs during the ordered school-building closure period.
If an IEP team meeting is necessary, or requested by the parent, to determine adjustments to specialized services, it should be conducted virtually or by phone.”
More Information: Considerations for Students with Disabilities During Ohio's Ordered School-Building Closure
Oklahoma
“If a school closure causes educational services for all students to stop, then the school/district is generally not required to provide services to the affected students eligible for special education services during that same period of time. This general standard is especially true in cases where the school district will still provide the required minimum of school days.
After an extended closure, districts are responsible for reviewing how the closure impacted the delivery of special education and related services to students eligible for special education services. Students may need additional services or extended school year services to make up missed services. If annual IEP reviews or eligibility reviews are due during a school closure, please work with your school closely to meet as soon as school is back in session or through alternate means, such as video or audio conference calls.
If a district has extended school closures but continues to provide educational services to all students, the district will remain responsible for the free appropriate public education (FAPE) of its students eligible for special education services with an individualized education program (IEP).”
More Information: Oklahoma COVID-19 Guidelines
Oregon
“During closures for schools, districts, and programs due to the COVID-19, where there are no other educational programs or educational services offered to the general student population (or in the case of ECSE, to all students in the program), schools, districts, and programs are not required to provide services to students who experience disability during that period of time, unless such services are specifically required by the student’s IFSP or IEP (e.g., Extended School Year services).
Once the school or ECSE program resumes, the district and/or school or ECSE program must make every effort to provide special education and related services to the student in accordance with the student’s Individualized Education Program (IEP), Individualized Family Service Plan (IFSP) or, for students entitled to FAPE.
The Department understands there may be exceptional circumstances that could affect how a particular service is provided. In addition, an IEP/IFSP Team and, as appropriate to an individual student who experiences a disability, the personnel responsible for ensuring FAPE to a student for the purposes of Section 504, would be required to make an individualized determination as to whether compensatory services are needed to make up for any skills that may have been lost because of an extended school closure.”
More Information: Oregon Department of Education
Pennsylvania
“Guidance continues to evolve on this matter. Given this, PDE advises schools and EI programs to make every effort to provide some type of continuity of education for all students in the most appropriate and accessible ways possible. In so doing, schools and EI programs also need to ensure consideration for the provision of FAPE for students with disabilities and appropriate accommodations for English learners that are reasonable and appropriate based on student need and current circumstances.
In addition, districts and schools must ensure that, to the greatest extent possible, each student with a disability can be provided the special education and related services identified in the student's Individualized Education Program (IEP)or Section 504 plan.
Once school resumes, a child's IEP team (or appropriate personnel under Section 504) must make an individualized determination whether and to what extent compensatory services may be needed, consistent with applicable requirements, including to make up for any skills that may have been lost during the closure within a reasonable timeframe.”
More Information: Pennsylvania School Guidance/Answers to FAQs
Rhode Island
“If an LEA closes its schools to slow or stop the spread of COVID-19, and does not provide any educational services to the general student population, then an LEA would not be required to provide services to students with disabilities during that same period of time.
If an LEA continues to provide educational opportunities to the general student population during a school closure, the school must ensure that students with disabilities also have equal access to the same opportunities, including the provision of FAPE.”
More Information: Rhode Island Special Education Procedures
South Carolina
“If instruction is not being provided to students without disabilities, then special education and related services are not required to be provided to students with disabilities.
If instruction is being provided to all students, districts must provide equitable access to that instruction for students with disabilities.
IEP teams will need to meet to make individualized determinations as to whether there is a need for compensatory services.”
More Information: South Carolina COVID-19 Webinar
South Dakota
“If a school district closes its schools and does not provide any educational services to the general student population, then a school would not be required to provide services to students with disabilities during that same period of time. Once school resumes, the school must return to providing special education and related services to students with disabilities in accordance with the student’s IEP or, for students entitled to FAPE.
If a student does not receive services after an extended period of time, the student’s IEP Team, or appropriate personnel under Section 504, must make an individualized determination whether and to what extent compensatory services are needed consistent with the respective applicable requirements, including to make up for any skills that may have been lost.”
More Information: South Dakota Resources for COVID-19
Tennessee
“As virtual or distance learning takes place to the general student population during a school closure, the school or district must ensure that students with disabilities also have equal access to the same educational opportunities, taking into consideration the individual needs of students. During this period of school closure, districts should make every effort to use creative strategies to provide special education instruction and services to the extent safe and feasible.
Once the traditional school day resumes, the LEA must make every effort to provide special education and related services to the child in accordance with the child’s individualized education program (IEP) or 504 plan. If a child does not receive services during a building closure, a child’s IEP team or 504 team must make an individualized determination whether and to what extent compensatory services may be needed, consistent with applicable requirements, including to make up for any skills that may have been lost.”
More Information: Tennessee Special Education COVID-19 Guidance
Texas
“If an LEA closes its schools because the functioning or delivery of educational services is disrupted and does not provide any educational services to the general student population, then an LEA would not be required to provide services to students with disabilities during that same period of time.
Once school resumes, the LEA must make every effort to provide special education and related services to the child in accordance with the child's Individualized Education Program (IEP). In addition, the Annual Review and Dismissal (ARD) committee would be required to make an individualized determination as to whether compensatory services are needed to make up for any skills that may have been lost because of an extended school closure.
LEAs must ensure that students served by special education have access to the same or equitable learning platform as their peers. To the greatest extent possible, the LEA must provide the student with the services required by the student’s IEP.”
More Information: Texas Special Education FAQ
Utah
“If a school closes, the school will remain responsible for the free appropriate public education (FAPE) of its students eligible for special education services with an individualized education program (IEP). Schools should be communicating with parents and guardians prior to, during, and after a school closure regarding their child’s IEP services.
After an extended closure, schools are responsible for reviewing how the closure impacted the delivery of special education and related services to students eligible for special education services. Please note, if a school closure causes educational services for all students to pause within a school or district, then the school/district is generally not required to provide services to the affected students eligible for special education services during that same period of time.”
More Information: Utah's Parent Guide to COVID-19
Vermont
“When a district or school is closed and not in session and educational services are not provided to any student, school districts are not obligated to provide free appropriate public education (FAPE) through specially designed instruction and related services to students with disabilities ages 3 through 21. During the period of March 18 - April 6, 2020, schools are in an initial period of closure. This is subject to change if districts are providing remote educational services after April 6, 2020.
If a school provides educational opportunities to the general student population through remote educational services after April 6, 2020, then the LEA must ensure that, to the greatest extent possible, each student with a disability can be provided the special education and related services identified in the student’s IEP.”
More Information: Vermont School Closure FAQ
Virginia
“If a school closure causes educational services for all students to pause within a school or division, then the school/division is generally not required to provide services to the affected students eligible for special education services during that same period of time. If a division has extended school closures, the Virginia Department of Education (VDOE) has advised that school divisions should consider options and ideas to engage students in reading, thinking, and learning.
If a school division does begin to offer general education instructional services by alternative means (e.g., e-learning, distance learning), the division will remain responsible for the provision of FAPE of its students eligible for special education services with an individualized education program (IEP). The context of the general education offering should be considered as the local education agency (LEA) develops appropriate and reasonable special education to ensure the provision of FAPE to students with disabilities. The LEA should ensure decisions about provision of services are inclusive of both special education and related services.”
More Information: Virginia Special Education Resources
Washington
If the district is not providing educational services to students during the closure, then there is not a requirement to provide special education services during the same time period. Districts will want to consider special education needs on a case-by-case basis during the closure to address health and safety needs of students with disabilities.
If the district continues providing education opportunities to students during the closure, this includes provision of special education and related services, too, as part of a comprehensive plan. This requirement ensures students with and without disabilities are treated equitably and is required by federal and state anti-discrimination laws, including Title II of the ADA, Section 504 of the Rehabilitation Act, and the IDEA.
More Information: Washington Special Education Guidance for COVID-19
West Virginia
“When a school closed due to the COVID-19 response efforts is providing educational services via distance education (offering curriculum, taking attendance and providing grades) to the general student population, the county must ensure that students with disabilities have equal access to the same opportunities, including the provision of a Free Appropriate Public Education (FAPE).
Once school resumes, a student’s IEP Team (or appropriate personnel under Section 504) must make an individual determination whether and to what extent compensatory services are required. Compensatory services must be consistent with applicable requirements including to recoup any skills lost during the closure within a reasonable timeframe.”
More Information: West Virginia COVID-19 Guidance
Wisconsin
“If a school is closed for an extended period of time under a public health order (generally more than ten consecutive school days) and hours of instruction are not being provided to students in regular education, then the local educational agency (LEA) is not required to provide services to students with disabilities during the closure. Once school resumes, LEAs must make every effort to implement Individualized Education Plans (IEPs) and must consider, on an individualized basis, whether and to what extent, compensatory services are required due to the closure.
If a school provides hours of instruction through on-line learning, the LEA must ensure that the special education and related services are provided to the greatest extent possible. The LEA must also determine if the student needs additional supports to access online learning. If some services cannot be provided or minutes are reduced, the LEA must consider, whether and to what extent, compensatory services are required once the school reopens. These determinations must be made on an individual student basis.”
More Information: Wisconsin Special Education FAQ
Wyoming
“If a district has extended school closures but continues to provide educational services to all students, the district will remain responsible for the free appropriate public education (FAPE) of its students eligible for special education services with an individualized education program (IEP).
Districts should be communicating with parents and guardians prior to, during, and after a school closure regarding their child’s IEP services. Districts and schools will work to ensure that all students receive services to the most appropriate extent possible.
Although special education or related services may need to be adjusted, IEP teams should work to ensure that a student on an IEP receives services comparable to all other students. Services might include schoolwork packets, online learning, or some other learning adapted to the student’s needs and location.”
More Information: Wyoming Letter to Families of Students With Disabilities