U.S. DOE Emphasizes Obligations to Protect High-Risk Students as Pandemic Improves  

On March 24, 2020, Dr. Miguel Cardona, Secretary of Education, wrote a letter to educators and parents emphasizing the Biden Administration’s continued commitment to providing services and supports to allow students with disabilities to learn safely alongside their peers during the pandemic.  This letter provides strategies for educators, Districts, and families to enable students with disabilities to participate in in-person instruction and to receive a free appropriate public education (“FAPE”) in the least restrictive environment.  

Secretary Cardona first encourages IEP teams to leverage IEP and Section 504 processes to provide protections for in-person learning.  IEP teams (ARD Committees in Texas) and Section 504 committees must address school-related health needs of students with disabilities at an increased risk of severe illness from COVID-19 in IEPs and Section 504 plans and place students in the least restrictive environment that meets those needs. IEP teams and Section 504 committees should also consider whether students at a heightened risk of severe illness from COVID-19 require a health plan to address preventative and risk-reducing strategies, such as proper sanitizing or physical distancing. When health plans are included in the student’s IEP or Section 504 plan, these documents must be provided to each individual responsible for implementing the student’s IEP or Section 504 plan.   

Masks in Schools are Done! Or Are They? Continued Masking Requirements under Section 504 and ADA

With the federal government and state and local governments lifting mask requirements, it feels like we may be coming to the end of a two-year masking nightmare in schools. As cases begin to decline, schools across the country are allowing staff and students to come to school mask-free. When it comes to medically-fragile students, however, the risks of COVID-19 may continue for a long time after the rest of the world has moved on from the virus. What responsibilities remain for schools to require masking in the school environment to protect students with disabilities?