Educational Rights
Educational Rights
By Amanda O’Neal and Joshua Cruz | Tollner Law Offices
A new school year has begun, and it looks much different than what families envisioned or would have hoped for. While all students have been impacted by school closures and distance learning, the students who continue to go underserved during these trying times are students with disabilities; students who require special education supports and services through their Individual Education Plans or 504 plans. Every day brings new and sometimes different information, with plans changing day by day and week by week. Parents have many questions and may be confused as to what rights they and their students have during this time. In an effort to support families, we hope this article provides some guidance during this challenging time.
FEDERAL LAW HAS NOT BEEN WAIVED
Federal laws governing special education and education rights for students with disabilities have not been waived. Federal law has not been waived and your child’s rights under the Individuals with Disabilities Education Act (IDEA), Americans with Disabilities Act (ADA), and Rehabilitation Act Section 504 still apply and require that your child are provided with access to education and appropriate supports and services even during school closures. Federal law supersedes state law and must still be followed.
RIGHT TO ASSESSMENTS
Some Students may have triennial assessments that are due during school closure or Parents have requested initial assessments to determine eligibility for special education. In spring Governor Newsom enacted SB 117 and SB 98 concerning school closures during COVID-19, which temporarily waived California timelines for districts to provide assessment plans. However, no changes were made to the federal laws regarding evaluation timelines.
Recently Calfironia enacted SB 820, which clarified that as of July 20, 2020, there are no waivers of timelines for the District’s obligation to issue assessment plans (15 calendar days). Once an assessment plan has been signed, the district has 60 calendar days to hold completed assessments and hold an Individualized Education Program (IEP) team meeting.
School Districts and Parents need to work collaboratively to meet these assessments timelines and determine if it’s appropriate to extend the timelines. California Department of Education. If your District provides you with limited options, please know you do not have to choose an option inconsistent with your legal rights. You are not obligated to consent or agree to a proposed delay to the assessments and you can still ask the school to follow the standard federal timelines. There are a variety of assessment tools that can be utilized virtually or conducted without in-person administration (i.e.., rating scales, parent/teacher interviews, record review). If appropriate, and or the only option, the District and Parents can review existing data to make an IEP and eligibility determination.