The Office of Special Education Programs (OSEP) at U.S. Department of Education (USDOE) has issued a Q&A document in response to inquiries concerning implementation of the Individuals with Disabilities Education Act (IDEA) Part B dispute resolution procedures in the current COVID-19 environment. The Q&A document does not impose additional requirements beyond those included in applicable law and regulations. The responses constitute informal guidance on applicable statutory or regulatory requirements and does not establish a policy or rule that would apply in all circumstances. The Q&A answers the following questions:
- How can parents and public agencies resolve disagreements regarding special education matters while school buildings and other public facilities are closed due to the pandemic?
- Is a State educational agency (SEA) permitted to extend the 60-day time limit for resolving a State complaint due to circumstances related to the pandemic?
- How can parents and public agencies use IDEA’s mediation procedures to resolve disputes when schools and other public facilities are closed or have restrictions that prevent face-to-face meetings?
- Can the parent and LEA agree to extend the timelines applicable to the resolution process given the challenges associated with school and other public facility operations during the COVID-19 pandemic?
- Can the parent and LEA agree to hold a resolution meeting virtually, rather than face-to -face?
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