The United States Department of Education’s Office for Civil Rights released guidance regarding the civil rights implications for special education students in remote instruction.
Remote instruction has a direct impact on each school’s obligation to provide free access to a public education (“FAPE”) to students with disabilities. The guidance states that school districts are not obligated to provide services to students with 504 plans if other students in the district are without services.
Upon the return to in-person learning, school districts may consider whether a student has a disability in determining priority for instruction.
To read this article, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.