What Will the 2020-2021 School Year Look Like?
No one really knows. The New York City Department of Education (DOE) has recently created a 109-page “School Reopening Plan.” That document, however, itself notes that the DOE’s “plans must be nimble so we can adjust and update as needed, as the public health landscape continues to evolve.” Notwithstanding the (understandable) lack of certainty, parents are encouraged to review the DOE’s School Reopening Plan as it provides at least some insight into a lot of different areas such as Health and Safety (pages 15–34), Transportation (pages 43–44), School Scheduling Models (pages 52–58), and Special Education (pages 70–71). The New York magazine has also posted an article, What Will the First Day of School Look Like?, that our readers may find interesting.
“Blended” Versus Fully-Remote
Many parents of students with disabilities are in the process of deciding between a “blended” learning program (some days in-person; some days remote) and a fully remote learning program for September. There is no easy decision as to which program to choose, and we certainly would not say that one choice is categorically better than another. As is always the case, the appropriateness of a student’s program must be viewed in light of the student’s circumstances—what might be appropriate for one student, may not be appropriate for another. In making a decision regarding a student’s program, parents (as always) are encouraged to find out a much as possible about what is being offered. Parents, for instance, should reach out to their children’s schools to inquire how their student’s IEP mandates will be met and—more generally—how their student’s unique needs will be met (which is not always the same as the IEP mandates).
Stay Informed!
The DOE is offering citywide information sessions (on 8/12/2020 and 8/27/2020) for families and students in anticipation of the 2020-2021 10-month school year. Additionally, the most up-to-date information from the DOE can be found here. Our friends at Advocates for Children of New York (AFC) also have some helpful COVID-19 related information that can be found here.
Be Conscious of “Compensatory” Services and Independent Educational Evaluations
COVID-19 has been devastating in so many ways. Fortunately, it has not altered the fundamental rights of students with disabilities under the Individuals with Disabilities Education Act (IDEA). Although it is our hope that schools will meet the needs of students with disabilities through remote and blended learning models, we imagine that not all will do so. If your child’s needs are not being met or were not met previously, you may have a claim against the school district for services to compensate your child. That is to say, the school district may be obligated to fund whatever services—for example, individual tutoring or related services—that are necessary to get your child to the level your child would otherwise have been (but for the school district’s failure to provide an appropriate educational program or related services).
Compensatory services can be requested at an IEP meeting or through the impartial hearing process, if necessary. Before requesting compensatory services, however, parents ought to consider seeking an independent educational evaluation (IEE) in order to determine what their children actually require. Like compensatory services, IEEs can be obtained through public expense. Thus, low-income families should not think that compensatory services or IEEs are outside their grasp. Relatedly, our website provides links to a number of non-profit organizations that assist low-income New Yorkers in obtaining evaluations and services.
