USDE: Compliance with IDEA & Section 504 of ADA During the COVID-19 Pandemic
On March 21, 2020, U.S Secretary of Education Betsy DeVos announced clarification that federal disability discrimination laws should not prevent schools from offering distance learning to its students. In light of the current COVID-19 pandemic, which has closed American schools indefinitely, the Secretary’s comments offer timely guidance, especially given some schools’ concerns about potential due process actions and lawsuits being filed against them. The Department’s press release contains a “new information” link that provides a “Supplemental Fact Sheet Addressing the Risk of COVID-19 in Preschool, Elementary and Secondary Schools While Serving Children with Disabilities.” Specifically addressing educators’ concerns regarding their ability to serve their special education students, the Department stated, “To be clear: ensuring compliance with the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act (Section 504), and Title II of the Americans with Disabilities Act should not prevent any school from offering educational programs through distance instruction.”