WAAA has heard from multiple families seeking in-person educational services and this blog addresses those concerns. WAAA sees the extraordinary challenges presented to everyone involved in school under pandemic conditions. As school districts implement their opening plans, we must return our focus over and over to the children whose needs are uniquely unmet by most of the reopening approaches. There are many families whose children are unable to access their education through digital platforms without supervision and the direct in-person intervention of an adult. This blogpost provides advocacy tips for families whose children need in-person supports to access their IEP services and to do so safely on a case-by-case basis.

Washington’s Office of Superintendent of Public Instruction (OSPI)’s guidance can be overwhelming under typical conditions and its COVID-19 resources are another layer on top. OSPI’s equity office acknowledged yesterday that its special education website [Link] could be more accessible and committed to taking steps now to: (1) make parents aware of its guidance, and (2) help them easily access it. If you feel your child is experiencing discrimination in public schools on the basis of disability, OSPI’s equity office has information and dispute resolutions options at this link. 

Most recent situations WAAA has assessed with members point less towards discrimination claims and more towards that central abiding need for vigorous self-advocacy with community support. WAAA is part of that community and here to help. We all agree safety for staff, teachers and paraeducators is essential, but “[i]t is the paramount duty of the state to make ample provision for the education of all children ….” WA State Constitution, Article IX, § 1. OSPI and the Department of Health (DOH) have publicly agreed--and clearly told school districts—that in-person learning CAN be safely provided if required under a child’s IEP. This link is a large FAQ, but on page 8 OSPI says, “Unless there is a state or local stay at home order in effect, districts are not prohibited from providing in-person education services to students with disabilities, even if the district has determined it will provide only remote learning to its general student population. However, districts implementing remote learning models are not required  to serve students with disabilities in-person unless it is determined necessary by the IEP team and health and safety requirements can be met.” 

At this link DOH says: “[S]chool adminstrators should engage staff and families of … students with disabilities … to determine how to best meet the health and education needs of these students and the community … School administrators are ultimately responsible to establish appropriate education services … The absence of in-person learning may be particularly harmful for children … with diagnosed disabilities … and can further widen inequities in our society … DOH favors a cautious, phased-in approach to resuming in-person instruction that starts with staff, small groups of our youngest learners, and students who are unable to learn or receive critical services asynchronously.”

Many school districts need to be emphatically guided to apply the existing IEP framework to provide the safe and appropriate education your child is entitled to. That is possible, even under pandemic conditions. It is not a new process, but it must effectively adapt to new circumstances. If your individual child needs in-person support to access their IEP services, your school can and must provide that. 

Here are steps you can take now to drive the conversation in the correct direction:

• Write to your entire IEP team and state your concerns clearly and concisely
• Request an IEP team meeting to discuss amending the services in the IEP to address any lack of learning or progress
• Ask for an IEP to address the need for in-person services and how it can be done safely
• Get recommendations and support letters from your child(ren)’s specialists to share with the IEP team for consideration during the meeting 
• Follow up every conversation with an email summarizing the discussion and outlining your understanding of what will occur next 
• You can also email the IEP team any meeting notes you took yourself and at the end of the email say "If anything in these notes is inaccurate please let me know"
• If you are not satisfied with the solutions proposed by the IEP team, or they are not responding, then contact your district's Director of Special Education to try to resolve the issue
• If at this point your issue remains unresolved, OSPI confirmed yesterday that all of the dispute resolution options that existed prior to COVID are still in place. This means your next step is to work with OSPI’s facilitation [Link] and mediation [Link] services
• All of these steps would be critical to bringing a successful citizen’s complaint down the road if your school district refuses or fails to provide an appropriate education, including in-person support if individually necessary
• If your district refuses or fails to provide an appropriate education, contact your local legislators and ask for a virtual meeting, a member of the WAAA staff will accompany you to that meeting to help inform your legislators of this disparity and ask for their intervention. 

OSPI acknowledged it has heard from parents that some school districts are saying they have a blanket policy of not providing in-person instruction to any student, regardless of individual needs. Yesterday, OSPI said it is closely monitoring that issue and offering training to districts on how to provide an appropriate education under current conditions. OSPI is also helping districts share resources with eaCH other, especially those that are finding ways to provide in-person supports. OSPI said it has told districts that it will find them in non-compliance and order compensatory education if they tell parents or students that under no circumstances will they provide in-person support. Please ensure you’re documenting such instances in writing. If it’s said in a meeting or a phone call, document that in writing after the meeting or the call and share that with OSPI, WAAA and your legislators. 

Thank you for standing together with us for change. 

Jim Angell - WAAA Director of Legal Services