Coronavirus and Schools: OSEP Guidance, Governor Wolf Closes All Schools
CORONAVIRUS UPDATE
The Center for Appropriate Dispute Resolution in Special Education (which styles itself “CADRE”) asked the Office of Special Education Progress at USDE whether the federal government would be waiving IDEA timelines compliance for schools shuttered during the COVID-19 outbreak. In a response received today, OSEP simply forwarded a “policy letter” that it had drafted following the mass school closings in the wake of Hurricane Sandy in 2012. That policy letter is attached. In it, OSEP predictably takes the position that the timelines will be enforced as they are written, although it points out some timelines offer built-in forms of flexibility—most depending on parental cooperation. OSEP was as unhelpful then as it is now.
This information comes in the wake of news that Governor Wolf has now closed all Pennsylvania schools for two weeks and is waiving the 180-day school term requirement.