State mandates local provision of remote special educational services during COVID-19 emergency

MAC expressed support for guidance provided today by the Department of Elementary and Secondary Education (DESE) concerning the obligation of local school authorities to provide “free and appropriate public education” during COVID-19-related school shutdowns, while protecting the health and safety of families and teachers. This includes the provision of special education services to children with disabilities.

The new guidance issued today clarifies earlier guidance, which had limited a district’s obligation to try and meet the needs of children with disabilities remotely, when schools are closed during this crisis. Federal officials have also emphasized that children must receive services, but the determination of how to provide special education services will “need to be different in this time of unprecedented national emergency.” Local authorities are encouraged to creatively design means of delivering such services remotely.

MAC Attorney and Senior Program Director, Julia Landau stated that, “We applaud the state for taking swift action to ensure that children receive vital special education services with as little disruption as possible in this stressful time. It is critically important to respond to the urgent needs of families isolated at home as their children struggle. Some parents report to our Autism Center that they have had no contact from the school district, and they are unsure how to help their children, some of whom are at risk of harm with the sudden interruption of services”.   

“This guidance is good news for every student, but we see it as especially important to parents of special education students,” said Attorney Susan Cole, Director of MAC’s Trauma and Policy Learning Initiative. “Parents should immediately contact their child’s school to explore how they can collaborate with educators to help meet their child’s needs during this difficult time.”

For MAC’s Executive Director, Kevin Murray, “now at least the obligation of school districts is clear. Given the Governor’s extension of school closures and this direction from DESE, local school leaders need to focus on the requirement to provide remote support to their students, including special education students.”