Abstract

The COVID-19 pandemic affected the ways in which school districts provide educational services to all students, especially students with disabilities. Eligible students with disabilities have a right to a free appropriate public education (FAPE) under the Individuals with Disabilities Education Act (IDEA) and students with disabilities who are not eligible under the IDEA may also have a right to receive a FAPE under Section 504 of the Rehabilitation Act. School personnel need to attend to both of these important federal laws when providing educational services. Shortly after the pandemic began, the U.S. Department of Education, through the Office of Civil Rights and the Office of Special Education and Rehabilitation Services, issued guidance to school districts making it clear that despite school closures, school district personnel had to continue providing FAPE under the IDEA and Section 504. Following the return to school, the Office of Civil Rights investigated the Los Angeles Unified School District in California and the Fairfax County Schools for discriminating against students with disabilities by failing to provide educational services during the pandemic. In this article, we briefly review the guidance from the U.S. Department of Education and discuss important implications for teachers of students with disabilities.

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