Special Accommodation Students Are Here to Learn- Virtually

—What you need to know about getting your child’s learning needs met during COVID-19—

As COVID-19 continues to run rampant throughout the State of Arkansas, it has been in the school districts’ best interest, particularly in populous communities, to allow our children to learn virtually. Children, who need help in this trying time, can be evaluated to see if they need an Individualized Education Program and can hold schools accountable to provide the special accommodations they need. They can also have their program re-evaluated so it fits their needs during the pandemic. While going to school virtually is difficult even amongst traditional students, a student receiving special accommodations could end up having a more difficult time; however, it is important to note that that student should still to be receiving accommodations while they are learning virtually.

Where do I start with an Individualized Education Program (IEP)/504 Plan Evaluation?

I Think My Child Needs An Individualized Education Program (IEP)/504 Plan Evaluation. If this is a concern for you, then note that schools are evaluating new students for the Individualized Education Program (IEP)/504 Plans during the COVID era. The process you need to follow to request an evaluation for your child has not changed from the process that was in place before COVID. The parent/guardian has to send a request to the LEA Supervisor requesting an evaluation. At that time, the LEA Supervisor and the IEP Team for your child’s district will meet in order to determine whether your child’s profile raises an issue, which will then cause them to determine if there is a need for an evaluation. If one is needed, someone from the IEP Team will contact you to begin the evaluation process.

The evaluation process will vary depending on your school district. Generally, part of the evaluation has to be in person, but some school districts are not meeting any students in this manner. In that situation, the in-person portion of the evaluation will be done via webcam. In school districts that are allowing some in-person contact, they have set aside space to evaluate your child while upholding COVID safety guidelines.

Once the evaluation is complete, the IEP Team will get together and use the data collected to determine whether or not your child needs an IEP. If your child does not meet the criteria for special education but would benefit from having accommodations they will receive a 504 Plan. The plan will be created, and a meeting will be set up with you in order to review and explain the plan. After you sign the plan, it will go into effect. IEP’s are reviewed once per year, and 504 Plans are reviewed once every three years unless you as the parent/guardian want either reviewed before that time.

Should My Child Still Be Receiving Accommodations During COVID?

Your child is still entitled to receive the accommodations set for them under their IEP/504 Plan, but they will look different. How those accommodations will be given to your child depends on the school district. If your child gets counseling services weekly, for example, they may receive those services for a reduced amount of time via teleconference or webcam.

No matter the district, your child should still be receiving those services. If your child is not receiving these services, bring this issue to the attention of your child’s special education instructor. If nothing is being done when you reach out to your child’s teacher, then reach out to the LEA Supervisor for your district or a member of your child’s IEP Team.

I Do Not Believe The IEP/504 Is Working For My Child.

While it is not solely for you to decide whether or not the plan is working in your child’s best interest, you are, however, expected to express concerns with how the plan is working for your child. You are to reach out to your child’s special education teacher with these concerns. A meeting will be set up with you and the IEP team to discuss your concerns and come up with a plan that works in your child’s interest. Unlike before COVID, the meeting will take place either virtually or via teleconference. It is your decision on how the meeting will take place.

If you want your child’s IEP/504 Plan to be re-evaluated, whether it is time for the re-evaluation or not, you may initiate that process by reaching out to the special education teacher for your child. If you do not get a response from that person, reach out to the LEA Supervisor for your child’s school district or a member of your child’s IEP Team. They will then set up a meeting using the mode of communication you choose.

You Are Your Child’s Voice

While COVID has forced our children to learn in a way in which they are not accustomed to, we must adjust to this way of learning for the time being. Children with special needs, in particular, are going to need special attention during this period to ensure they are getting what they need to learn successfully. You may still request an evaluation/re-evaluation for your child, and your child should continue to receive accommodations while learning from home. If your requests are ignored, do not hesitate to contact the Center for Arkansas Legal Services at 501-376-3423 or online at www.ArkansasLegal.org.

Author: Jay P. Coleman, Esq., Staff Attorney for the Center for Arkansas Legal Services

Resources:

1. https://www2.ed.gov/about/offices/list/ocr/504faq.html

2. https://blogs.edweek.org/edweek/speced/2020/05/handling_virtual_iep_meetings_during_distance_learning.html

3. https://www.parentcenterhub.org/virtual-iep-meeting-tip-sheets/

4. http://dese.ade.arkansas.gov/divisions/legal/equity-assistance/section-504

5. Interviews with Department of Education Specialists