Letter to Betsy DeVos, Secretary of the Department of Education - Cassidy, Murphy Release Bipartisan Principles to Support Students with Disabilities During COVID-19

Letter

Dear Secretary DeVos:

We write to you regarding the need for clear guidance to protect the needs of students with disabilities during and following nationwide school closures. It is essential that the rights of students with disabilities be upheld throughout this crisis. At the same time, we recognize that unique, temporary circumstances may limit the provision of services that would normally be available in a traditional school setting. At the extreme, we have heard of at some school districts that are not providing educational services to any students because they struggle to provide some services for all.

The question we must answer with clarity is, "how can school districts adjust to distance learning, while remaining in compliance with federal disability education laws?" To this end, we believe that Congress and the Department should act now to provide the conditions necessary for schools and families to navigate ongoing closures as well as get back on track when schools reopen.

Understanding the potential need for certain, temporary flexibilities, Congress included a requirement in the CARES Act that the Department prepare a report detailing any recommended waivers to requirements under federal education laws during the COVID-19 National Emergency. While this crisis has fundamentally changed how we must think about the provision of education, it is critical that we remain steadfast in our commitment to all children -- especially those with disabilities. To this effort, Congress and the Department must maintain their roles in ensuring accountability and oversight regarding the progress of students with disabilities.

We believe any potential flexibilities included in the report concerning the Individuals with Disabilities Education Act (IDEA) must be narrow, targeted, temporary, and dedicated to the full provision of educational services for every student with a disability that is reasonably possible. While some extension and flexibility in timelines is warranted, requirements to provide a free appropriate public education (FAPE), to engage parents in the process, and to ensure due process rights to parents must remain. We do not believe this requires broad flexibilities that would temporarily rollback rights for these students and their families. No matter the circumstance, we believe these core rights of IDEA must be upheld and reinforced.

We, in Congress, must also commit to providing schools with the funding necessary to carry out the requirements of IDEA through closures and once schools reopen. As the Department considers any recommendations to Congress for additional flexibility with regards to IDEA, please know that we are committed to seeking necessary, targeted supplemental funding for IDEA in the next Coronavirus stimulus package. Doing so will ensure that the needs of districts and students are met despite a potentially unstable funding base at the same time they are asked to invest in and acclimate to new systems.

Included with this letter are bipartisan principles we believe both Congress and the Department must consider to ensure students with disabilities receive equitable services and opportunities during the COVID-19 National Emergency. Should you have any specific questions, please let us know.

Sincerely,

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