Administrative court rulings require school districts to provide in-person special education services

GUASTI, Calif. – The forced school district closure during COVID-19 has been a challenge for students, parents, and teachers alike. The struggle is even more pronounced for students in special education.

During state closure, many school districts stopped providing services to students in special education. In the California Office of Administrative Hearings, Administrative Judge Cara Lucier recently ruled in favor of a student in Pleasanton. The student argued that distance learning did not compare to the in-school learning received and did not fulfill the requirements of the student's Individual Education Plan.

Judge Lucier noted that California school districts had not been prohibited from providing special education services in person after the state-mandated school closure orders.

A second ruling, by Administrative Judge Robert G. Martin, ruled that a student in Los Angeles County is to receive compensatory education services for all services that were not provided by the student's school district.

Special education services often necessitate in person 1:1 interaction, including therapies such as speech, occupational, behavioral, and adaptive physical education. Many students receiving these services have been left behind during the six-month closures and suffer significant setbacks in their educational progress.

Board member of Educate.Advocate. and special education paralegal Shannon Primer states, "These two cases are a breath of fresh air for parents of children whose needs cannot be met at home. As a parent of a special needs child, a paralegal, and disability rights advocate, my family and many others appreciate ALJ Lucier and ALJ Martin whose OAH cases state 'distance learning may not equal a Free and Appropriate Education (FAPE) and that some students may be entitled to compensatory education.'"

Throughout California, some school districts have found a way to continue in-person education by opening special education programs on campus to the students who are rapidly losing their skills. These students cannot, by the nature of their disability, engage in meaningful virtual learning.

Governor Newsom's latest reopening matrix tied to positive COVID-19 cases involves color coding of counties, limiting a school district's ability to open entirely until their respective county moves from the purple color code to a red color code. The guidance offered by Governor Newsom and the California Department of Public Health for level purple counties allows small cohorts to meet for specialized services.

These rulings give newfound hope to families who have children receiving special education services. Primer added, "Parents should not agree to a new IEP where they give up any services for their child."

Submitted by Educate.Advocate.