The $2 trillion coronavirus relief bill passed in March charged US Secretary of Education Betsy DeVos to consider waiving key special education rules as school districts struggle to teach students online. The Secretary was required to report back to Congress by late April on whether to provide school districts with waivers to the Individuals with Disabilities Education Act during the pandemic.
The possibility of those waivers ignited significant conflict between parents and school districts. School administrators claimed that without such waivers, districts could be forced to meet unrealistic expectations and face unreasonable legal jeopardy for compensatory education. Parents and special education advocates argued that the IDEA already provides districts with the flexibility needed to meet student needs during time-limited closures, and broadly paring back over 600 federal requirements in IDEA at this time is inappropriate.
On April 28th, Secretary DeVos declined to waive IDEA requirements, saying “learning must continue for all students during the COVID-19 national emergency. We undertook this task acknowledging the reality that most students and teachers are at home today; yet, America’s teachers want to keep teaching and students need to keep learning. While the Department has provided extensive flexibility to help schools transition, there is no reason for Congress to waive any provision designed to keep students learning. With ingenuity, innovation and grit, I know this nation’s educators and schools can continue to faithfully educate every one of its students.”
DeVos recommended only small temporary modifications to the law, a waiver for the deadlines for children to transition from early childhood programs to regular schools. While schools are closed, Secretary DeVos is recommending that students continue receiving services through their early childhood programs until schools can conduct face-to-face assessments for placement in regular school.
At this writing Congress has yet to accept DeVos’ recommendations and may still make changes of its own. However, a previous Congressional attempt at waiving IDEA requirements during the original CARES Act negotiations was tabled.
