Mounting Litigation on Disabilities Issues

Legal Brief

REMOTE LEARNING was not even a concept when the Individuals with Disabilities Education Act became federal law. But here we are in 2021, in the midst of a public health crisis, where schools were forced to shift to remote learning models overnight.

While many students are facing academic challenges from the pandemic-forced disruptions to schooling, students with disabilities who require services with physical interaction have been severely impacted by the shift to remote learning that’s taken place in many parts of the country.

In March 2020, the federal government issued guidance that requires school districts to provide each student with a disability the special education and related services identified in the student’s individualized education plan “to the greatest extent possible.” The guidance recognizes “exceptional circumstances … could affect how a particular service is provided.” But what does this mean?

Is it even possible to effectively provide occupational therapy, physical therapy or speech therapy with little to no physical interaction? Can a student’s IEPs goals be met in a remote setting?