*NOTICE: the blog below does not constitute legal advice*
According to the World Health Organization, the first case of the novel coronavirus, COVID-19, appeared in the United States in January of 2020. Per World Meters statistics, now almost a year after the first case, there have been a total of 16,312,538 infections and a total of 302,927 deaths in the United States alone. In response to this respiratory illness, which spreads via respiratory droplets when individuals are in close proximity, many school districts are requiring students of all ages and abilities to learn from home, via remote learning, to minimize the spread of this highly contagious novel virus. Remote Learning presents many challenges for students with individual education plans (IEPs), especially those who are in more restrictive placements on the continuum of services such as self contained special education classrooms or therapeutic day schools where the educational environment is highly structured and the staff to student ratio is high. Although students are learning from home, they are still entitled to a Free Appropriate Public Education (FAPE) under the Individuals with Disabilities Education Act (IDEA). According to Franczek, a law firm specializing in special education law in Illinois, “While schools may not be able to provide all services in the same manner, the U.S. Department of Education has stated that it intends to ‘offer flexibility where possible,’ but has not officially relaxed any requirements related to the provision of FAPE” (Tulloch & Smith, 2020). According to COPAA, the Council of Parent Attorneys and Advocates, “IDEA requires individualization for students and partnership with parents” and that such partnership is essential now more than ever in order to make remote learning meaningful for our most vulnerable students (2020). School districts have an ethical and legal obligation to continue to provide services as outlined in the IEP and outline these for home environments via a formal remote learning plan. Challenges of remote learning for many families of students with special needs include structuring the home environment for learning, supporting behavior and behavior intervention plans in the home setting, as well as implementing therapies and goals remotely. Setting Up the Home Environment for Learning During the era of COVID-19 learning, the home environment is now the primary educational setting for even our most profoundly impacted learners. Individuals with special needs, especially those in more restrictive placements such as self contained settings or therapeutic day schools, typically would have the support of a high student to staff ratio and a structured classroom environment to support their learning. Families and caregivers are now tasked with setting up their homes to mirror the environmental manipulations in the school setting that are essential for students with disabilities. Here are some considerations for families and school teams when setting up a successful learning environment in the home setting:
Implementing therapy in the home setting In light of remote learning, many students are accessing therapies such as speech therapy, occupational therapy, physical therapy and social work over the computer with professionals who may have little to no experience with effective telehealth therapy instruction or in providing formal parent training. In order for remote therapies to be successful, parent support during synchronous sessions is essential. According to EdWeek, remote therapies have “pressed [parents] into duty” and “forced [them] to try to replicate the therapy that trained specialists would normally provide in school” (Mitchell, 2020). In short, providing therapy for students remotely is both a learning curve for staff and families. However, despite this, students with disabilities still need to make meaningful progress to achieve FAPE. To provide FAPE, students need to make progress on their IEP goals and in a remote setting that means providing instruction as well as parent coaching to achieve meaningful progress on those goals. As COPAA explains, the Supreme Court has most recently defined progress under FAPE through this definition from Justice Roberts “The IDEA demands more. It requires an educational program reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances” (2020).
Behavior Support for the home environment & BIPs With many students learning remotely from home either part or full time, the need for behavioral support at home is crucial for many special needs families. Many families rely on school for respite and now with learners at home more frequently and accessing other therapeutic environments less frequently, problem behaviors may be on the rise as caregivers experience an increased personal work load. School districts have a legal obligation to implement a behavior intervention plan if a student’s problem behavior is adversely impacting their access to education. Students who present with maladaptive behaviors in the school setting will require behavioral supports in the home setting in order to access remote learning.
When Remote Learning Isn’t Working: What Parents can Do
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AuthorMegan Palombella, M.Ed, BCBA ArchivesCategories |