March 16, 2020 – As your district continues to navigate the array of challenges arising from the Coronavirus outbreak, it is vital to assess your plan as it relates to students with an IEP or 504 plan. If you are considering providing online education to the general student population, then you must continue to provide FAPE to your students eligible for special education services. Providing special education services to an eligible student through homebound or online instruction may be considered a change in placement requiring prior written notice.

The U.S. Department of Education released guidance on Friday addressing this issue: https://www2.ed.gov/policy/speced/guid/idea/memosdcltrs/qa-covid-19-03-12-2020.pdf

For more information or questions, please contact any of our Education Law attorneys listed below.

Robert D. Haws | 602-257-7976 | rhaws@gustlaw.com
Jennifer N. MacLennan | 602-257-7475 | maclennan@gustlaw.com
Carrie L. O’Brien | 602-257-7414 | obrien@gustlaw.com
Susan Plimpton Segal | 602-257-7425 | spsegal@gustlaw.com
Brittany J. Reed | 602-257-7963 | reed@gustlaw.com