Urging States to Continue Educating Students with
Disabilities, Secretary DeVos Publishes New Resource on Accessibility and
Distance Learning Options
New Fact Sheet Provides Additional Information on How Distance
Learning Can be Used to Meet Students’ Needs During COVID-19 National
Emergency
WASHINGTON — U.S. Secretary of Education Betsy DeVos announced
the Department has released new information
clarifying that federal law should not be used to prevent schools from
offering distance learning opportunities to all students, including students
with disabilities. This new resource from the Office for Civil Rights (OCR)
and the Office of Special Education and Rehabilitative Services (OSERS)
explains that as a school district takes necessary steps to address the
health, safety, and well-being of all its students and staff, educators can
use distance learning opportunities to serve all students.
“It was extremely disappointing to hear that some school
districts were using information from the Department of Education as an
excuse not to educate kids,” said Secretary DeVos. “This is a time for
creativity and an opportunity to pursue as much flexibility as possible so
that learning continues. It is a time for all of us to pull together to do
what’s right for our nation’s students.”
“Nothing issued by this Department should in any way prevent
any school from offering educational programs through distance instruction,”
she continued. “We need schools to educate all students out of principle, rather
than educate no students out of fear. These are challenging times, but we
expect schools to rise to the occasion, and the Department stands ready to
assist you in your efforts.”
As the fact sheet states,
schools “… should not opt to close or decline to provide distance
instruction, at the expense of students, to address matters pertaining to
services for students with disabilities. Rather, school systems must make
local decisions that take into consideration the health, safety, and
well-being of all their students and staff. 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.”
To help schools provide distance learning in compliance with
federal law, this fact sheet explains:
- The Department recognizes that exceptional
circumstances may affect how special education and related services and
supports are provided to students with disabilities, and the Department
will offer flexibility.
- School districts must provide a free and appropriate
public education (FAPE) to students with disabilities, and the provision
of FAPE may include, as appropriate, special education and related
services that can be provided via computer, internet, or phone.
- Although online learning must be accessible to
students with disabilities, federal law does not mandate the specific
methodologies by which distance education must be provided.
- In instances where technology is not accessible or
where educational materials are not available in an accessible format,
educators may still meet their legal obligations by providing equally
effective alternate access to the curriculum or services provided to
other students.
The Department will continue to work with state and local
leaders to identify any additional areas where it can provide resources to
support educators in their important work, and both OCR and OSERS are
available to provide technical assistance during these uncertain times. The
Department continues to update www.ed.gov/coronavirus with information
for students, parents, educators, and local leaders about how to prevent the
spread of COVID-19.
For more information about COVID-19, please visit the
following website: www.coronavirus.gov.
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