Coronavirus and Schools: More on COVID-19 Related Closings
CORONAVIRUS UPDATE
Question from a school district: After checking the PDE list of schools approved for flexible instructional days, I uncovered that only a minority of districts were approved for such days and there is a maximum of five per school year. We were not approved as we did not apply. However, would there be anything to prevent us from simply formally enrolling all of our current students into our cyber program for a duration of 3 or 4 weeks, or more if necessary? I've emailed and called PDE for the past three days and as of this morning, not one call back or response to an email.
The answer hinges on the difference between requiring and encouraging or suggesting. If you require all current students to enroll in your cyber academy, you are essentially implementing “flexible instructional days” without authorization. If you publicize your strong recommendation that families consider the cyber academy option, and if your academy curriculum and instruction is configured to allow students to “plug in” to courses mid-year, you will be on the right side of the law.
Note, however, that cyber options are often ill-suited to the most vulnerable learners: students with disabilities, students eligible for free and educed lunch, students who are homeless or in unstable home settings, and students without stable, or any, internet access. A wholesale move to your online academy might also require bargaining if it will sideline all or many of your teachers or require a significant change in working conditions.
We have previously posted a Pool Counsel opinion concerning FIDs and the logistical problems it poses, particularly for serving students with disabilities, as the mandated use of a cyber academy is essentially the same as implementing FIDs. (At the time, we were assessing the value of FIDs as a means of addressing inclement weather days, but the problems we discuss are equally apposite even when applied to a greater crisis).
Note that Pennsylvania Secretary of Education Pedro Rivera will be delivering a webinar tomorrow morning to provide further guidance to LEAs in addressing the COVID-19 outbreak. While Secretary Rivera cannot unilaterally alter the law, perhaps legislative or regulatory changes are in the offing that will allow more flexibility to LEAs on the subject of closings.