Education: Education Department Releases Guidance Documents Relating to COVID-19 Outbreak

On March 12, the Department of Education (ED) released three guidance documents regarding responses to COVID-19: one relating to flexibility in accountability standards under the Elementary and Secondary Education Act, another relating to student privacy protection under the Family Educational Rights and Privacy Act (FERPA), and a third relating to services for students with disabilities. The Department of Education¬†announced in its guidance that it will consider targeted waivers of the assessment requirements, the 95% assessment participation rate requirement, and chronic absenteeism benchmarks. The FERPA guidance details how schools and colleges should handle disclosure of COVID-19 infections under the “health and safety emergency” exception. The final document details the responsibilities of school districts, state early intervention lead agencies, and early intervention providers during a COVID-19 outbreak. The Arc is pleased that the Department of Education¬†has provided much-needed guidance to stakeholders. However, The Arc believes the guidance leaves many questions unanswered.¬†Specifically, it does not address whether school districts must provide free and appropriate public education for students with significant disabilities when operating through online/distance learning, how students will receive support typically provided by special education teachers or paraprofessionals, or under what conditions compensatory education must be provided.

%d bloggers like this: