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readandweep 04-06-2020 04:12 AM

Due process during Corona
If this is political and does not belong here, I apologize.

Apparently states can apply for a waiver to not follow special ed laws at this time. From the below article it sounds like it has more to do with behavior supports, therapies, 1:1 help and not being able to meaningfully participate in things like Zoom.

Parents are upset and feel if you take these things away temporarily, they will never come back.

Administrators across the country are pushing back as some parents have already been getting lawyers regarding the current lack of services. There is a big fear that when things settle down, the lawsuits will continue.

My district has been able to meet meeting and re-eval timelines. Unfortunately/fortunately, the parents in our district are not likely to sue, but I can see parents suing in other districts around here.

On a more personal note, I can name current and former students who have families that are going to be viciously angry that they are not getting the break from their student that school provides.

Haley23 04-06-2020 02:20 PM

I personally find it disgusting that parents would even think to sue at a time like this. What do they expect the schools to do differently? We are all doing the best we can to provide services and instruction with online learning. No, it's not anywhere near the same quality as what you can provide in person, but we are doing the best we can with our current situation. It's not the same level of quality for the gen ed students either. I have spent a TON of time learning all of the online platforms and really problem solving how to present and arrange things so it's as close to what they'd get in my class as possible. My district has also spent a lot of money making sure all students have access to devices and wifi.

I think there is an extremely small segment of the sped population with very significant disabilities who can't derive any benefit at all from online learning. While that's unfortunate, I don't see any other options for the time being. I know our self-contained teacher is having a very hard time with this and I do feel for her and her students. She's doing 1:1 zoom sessions but most of her kids are refusing to participate/parents can't get them to do it. I just don't know what parents think they are going to accomplish by suing.

We are still holding all of our annual meetings on time. We were in the middle of two initials that we have no way to complete now. My state has said any sort of "remote testing" isn't valid/shouldn't be done. I actually brought home my formal testing materials just in case we were told to try to do it over zoom- I didn't see how it would be valid either, but crazy things happen in sped sometimes. Both parents were very understanding when I explained that we would need to wait to finish the testing, and both students will receive intervention in the meantime.

We also had 3 reevals that we had literally just signed consent for testing within days of the closure. I asked parents if they would like us to try to make decisions based on informal data (trickier because I'm K-2, where many kids are moving out of the developmental delay label/into another category at reevals) or wait until the fall when we can get updated testing. All 3 chose to wait and we will continue to follow their IEPs as written until then.

GreyhoundGirl 04-11-2020 02:53 PM

This has been brought up multiple times in my district and the general consensus is that we have more than enough rationale and reasons if parents try to argue that we can win any lawsuit or make any argument with the state if we don't meet re-eval deadlines, etc.

As for IEP meetings, we're holding all the ones that we can. The only ones that we're having to hold over until next year are the ones where we didn't get testing completed. I'm also in a district where parents aren't likely to complain or sue, which is both a positive and a negative (but this district is on it, unlike my last district which broke the law as often as they could get away with it).

Speech and OT/PT are sending things to do over LOOM which isn't perfect, but it's the best we can do in a bad situation.

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