Navigating the New Normal: The Coronavirus Pandemic Sheds Light on the Need to Restructure Special Education Law

Abstract

Students in special education face a higher chance of regression or failure to show progress when without services. In March 2020, the World Health Organization declared Coronavirus (“COVID-19”) a global pandemic, and the U.S. declared a national emergency. As a result, schools across the nation abruptly shut down. When schools decided to resume via online instruction, many of the services typically found in special education were not included.This Comment analyzes the challenges and inadequacies that students in special education are facing while maneuvering from an in-person to a remote-learning environment due to the pandemic. The author analyzed the effects of the pandemic by looking at stories from families across the nation with school-age children. Research shows that all students are struggling; however, students in special education are being disproportionately affected in comparison to their peers who participate in general education or standard curriculum. The pandemic has proven that the Individuals with Disabilities Education Act (“IDEA”), the United States special education law that exists to ensure that students with disabilities across the nation are provided with free appropriate public education, may not be as adaptable as needed during such an unprecedented time when online education is the only option. Throughout the pandemic, general-education students are able to continue receiving an adequate education. The U.S. Department of Education must take necessary steps to ensure that students in special education are not left further behind their general-education peers due to lack of preparation for a global pandemic. The author urges a return to normalcy and continuity of education and services for students as described in their Individualized Education Programs. To effectively navigate a global pandemic, the author recommends increased collaboration between parents, teachers, and school administrators as well as further development of IDEA.