CEC Policy Insider

Department of Education Releases Q&A on Part C Evaluation and Assessment Timelines

On Monday, the U.S. Department of Education’s Office of Special Education Programs (OSEP) released a question and answer (Q&A) document to address inquiries related to implementation of the Individuals with Disabilities Education Act (IDEA) Part C evaluation and assessment timelines in the current COVID-19 environment.

The Q&A document provides informal guidance to existing statute and regulations. The questions addressed in the document are related to adhering to the law while conducting assessment and evaluations when face to face meetings are prohibited.

To view the Q&A, go here.

Action Alert: Senators Introduce Bills to Provide Emergency IDEA Funding

Supporting Children with Disabilities During COVID–19 Act

Last night, Senators Maggie Hassan (D-NH), Chris Murphy (D-CT), and Chris VanHollen (D-MD) introduced the Supporting Children with Disabilities During COVID–19 Act. The bill would provide one-time emergency funding to support Individuals with Disabilities Education Act (IDEA) programs during the COVID-19 pandemic.

The bill acknowledges the disproportionate impact that in-person school and program closures has had on many children with disabilities and the unprecedented budget challenges brought on by the pandemic. It provides emergency IDEA funding to address these issues by specifically providing $11 billion for grants to states, $400 million for preschool grants, $500 for programs for infants and toddlers and $300 million for personnel development.

These funding levels largely reflect the funding request CEC put forward in March, which over 5,000 grassroots advocates supported through the CEC Legislative Action Center.

To view the Supporting Children with Disabilities During COVID–19 Act, go here.

Coronavirus Child Care and Education Relief Act

Today, Senator Patty Murray (D-WA), Ranking Member of the Health, Education, Labor and Pensions Committee, introduced the Coronavirus Child Care and Education Relief Act along with 15 of her Senate colleagues. That bill would provide $345 billion in additional funding to the Education Stabilization Fund, authorized through the CARES Act. It also provides $11.9 billion in dedicated emergency IDEA funding but fails to include funding for personnel development.

Both bills are partisan Democrat bills in a Republican-controlled Senate, so they are unlikely to pass. However, they are markers for Democrat priorities on the next COVID-19 package.

To view the Coronavirus Childcare and Education Relief Act, go here.

Action Alert

Over 5,000 grassroots advocates such as yourself wrote to Congress to request emergency IDEA funding, and your message was heard! That is the power of advocacy.

As the Senate begins to put pen to paper on a possible next COVID-19 package, now is the time to amplify the message that emergency funding for IDEA is needed. Please go to CEC’s Legislative Action Center to take action today!

 

Supreme Court Case on Vouchers Decided in Favor of Religious Schools

This morning, the Supreme Court issued a decision in the case Espinoza v. Montana Department of Revenue. The case focuses on the constitutionality of school vouchers for use at religious schools.

The 5-4 ruling in favor of Espinoza said that the Montana Department of Revenue wrongly stopped the voucher program despite a state constitution provision that prohibits public funds from going to religious institutions, being superseded by the U.S. Constitution’s religious freedom protections. Writing for the majority, Chief Justice Roberts noted, “a State need not subsidize private education. But once a State decides to do so, it cannot disqualify some private schools solely because they are religious.”

CEC has been a staunch supporter of keeping public funds in public education. Last fall, CEC joined a number of disability advocates in an amicus brief that illuminated the potential harm school vouchers can impose on students with disabilities nationwide. The brief argued that private school vouchers strip students with disabilities of their rights and legal recourse under federal laws such as the Individuals with Disabilities Education Act (IDEA). The brief noted that private schools often fail to ensure these rights and “while limited services may be available to students in some private schools, they are at best incomplete and thinly funded.”

To read the decision, go here.

To view the amicus brief, go here.

IDEA Best Practices Guide for Districts Released

The Council of Great City Schools has issued a best practices guide to help districts offer support, knowledge, and tools as they continue to provide instruction and services to students with disabilities during and after the COVID-19 pandemic.

The report acknowledges it is likely that all students will require some additional supports upon their return to school facilities following the COVID-19 closures.

Regarding best practices for special education, the comprehensive guide provides links to sample materials as well as practical guidance and key considerations for outreach and communication; conducting virtual and remote meetings; handling parent evaluation requests and progress reporting; prior written notice procedures; and the development of distance learning plans.

Read the guide here.

 

U.S. Department of Education Releases Two IDEA Question and Answer Documents

On Monday, the Office of Special Education and Rehabilitative Services’ Office of Special Education Programs (OSEP) uploaded two Questions and Answers (Q&A) documents to the U.S. Department of Education website in response to questions about implementation of Individuals with Disabilities Education Act (IDEA) Part B and Part C dispute resolution procedures brought on by the effects of COVID-19 and school closures.

Many of the questions and answers around dispute resolution procedures are based on the logistical challenges of conducting business virtually. The Q&As provide informal guidance based on the U.S. Department of Education’s interpretation of current law and are not legally binding.

To view the Part B Q&A, go here.

To view the Part C Q&A, go here.