The NYS Education Department (NYSED) recognizes the exceptional and unprecedented challenges that students, their families, and school communities are facing right now. School districts across the State are working tirelessly to provide continuity and support to address the special needs of students with disabilities including English Language Learners with disabilities. We greatly appreciate those efforts and encourage parents, educators, and administrators to continue working together to meet the special needs of these students.

 

Students with disabilities must be provided a free appropriate public education (FAPE) consistent with the need to protect their health and safety, as well as the health and safety of the individuals who provide them with their education, specialized instruction, and related services. NYSED will allow school districts as much flexibility as federal and State laws and regulations allow in determining how FAPE is to be provided during the Coronavirus outbreak, and we will continue to seek further guidance regarding additional flexibility during this pandemic.

 

With school closures and the inevitable delays in providing services and making decisions regarding these services, all school districts should establish mechanisms for communicating regularly with staff, students, families, and impacted communities in the language or mode of communication they best understand regarding the provision of services to students with disabilities to meet the requirements of the Individuals with Disabilities Education Act (IDEA).

 

The attached “Questions and Answers” document is NYSED’s most-up-to date guidance regarding the provision of services to students with disabilities, including English Language Learners with disabilities. The Department’s Office of Special Education will continue to provide updated guidance to the field.

 

School districts should also be informed by the resources provided by the U.S. Department of Education (USDE) Office of Special Education Programs (OSEP) and Office for Civil Rights (OCR) regarding the provision of services to students with disabilities during the Coronavirus outbreak. Following are important resources to be aware of: • Question