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DeVos Weighs Waivers for Special Education. Parents Are Worried. DeVos Weighs Waivers for Special Education. Parents Are Worried.
(3 days later)
WASHINGTON — Tucked away in the $2 trillion coronavirus stabilization bill is a provision that allows Education Secretary Betsy DeVos to seek congressional approval to waive parts of the federal special education law while schools combat the coronavirus pandemic.WASHINGTON — Tucked away in the $2 trillion coronavirus stabilization bill is a provision that allows Education Secretary Betsy DeVos to seek congressional approval to waive parts of the federal special education law while schools combat the coronavirus pandemic.
How she might use that authority scares parents like Jennifer Gratzer, who lives in Seattle.How she might use that authority scares parents like Jennifer Gratzer, who lives in Seattle.
It took a 350-page complaint and hours of work for Ms. Gratzer to get the proper special education services for her 10-year-old son, a nonverbal third grader who has epilepsy and a condition called cortical visual impairment. He has made progress with services like occupational therapy, speech therapy and a one-on-one aid, afforded to special-needs students like him under the Individuals with Disabilities Education Act. But Ms. Gratzer fears that Ms. DeVos may relieve her son’s school district of such obligations for the foreseeable future.It took a 350-page complaint and hours of work for Ms. Gratzer to get the proper special education services for her 10-year-old son, a nonverbal third grader who has epilepsy and a condition called cortical visual impairment. He has made progress with services like occupational therapy, speech therapy and a one-on-one aid, afforded to special-needs students like him under the Individuals with Disabilities Education Act. But Ms. Gratzer fears that Ms. DeVos may relieve her son’s school district of such obligations for the foreseeable future.
“No one wants to do the hard thing unless they’re forced to do it,” Ms. Gratzer said, “and our kids have always been the hard thing.”“No one wants to do the hard thing unless they’re forced to do it,” Ms. Gratzer said, “and our kids have always been the hard thing.”
With the closure of schools across the country, parents like Ms. Gratzer have found themselves in an educational crisis like none seen since the disabilities law passed in 1975. Today, it grants nearly seven million students individualized instruction and a vast array of educational support and services.With the closure of schools across the country, parents like Ms. Gratzer have found themselves in an educational crisis like none seen since the disabilities law passed in 1975. Today, it grants nearly seven million students individualized instruction and a vast array of educational support and services.
Schools are scrambling to shift classes online as more than 55 million children stay at home. For now, that has upended special education, which is administered through meticulously devised plans called Individualized Education Programs, or I.E.P.s, which require extensive services that are not easily transferred to the internet.Schools are scrambling to shift classes online as more than 55 million children stay at home. For now, that has upended special education, which is administered through meticulously devised plans called Individualized Education Programs, or I.E.P.s, which require extensive services that are not easily transferred to the internet.
Students who qualify can have moderate to severe disabilities and require a range of support, such as tutoring and behavioral assistance, hands-on services like physical and occupational therapy, and specialized staff. Such services are critical for school districts to comply with IDEA’s mandate that students with special needs receive an education comparable to that of their peers.Students who qualify can have moderate to severe disabilities and require a range of support, such as tutoring and behavioral assistance, hands-on services like physical and occupational therapy, and specialized staff. Such services are critical for school districts to comply with IDEA’s mandate that students with special needs receive an education comparable to that of their peers.
The possibility that those obligations could be waived has driven a sharp wedge between school administrators, parents and special education teachers. Administrators and educators say without the waivers they would be forced to meet unrealistic expectations and face costly lawsuits. Avoiding those consequences could mean that districts decide not to offer any education at all to students in the next two months.The possibility that those obligations could be waived has driven a sharp wedge between school administrators, parents and special education teachers. Administrators and educators say without the waivers they would be forced to meet unrealistic expectations and face costly lawsuits. Avoiding those consequences could mean that districts decide not to offer any education at all to students in the next two months.
“While districts are working on solutions for kids with special needs, they shouldn’t wait to serve everyone else,” Michael J. Petrilli, the president of the Thomas B. Fordham Institute, a conservative research organization, wrote on Twitter.“While districts are working on solutions for kids with special needs, they shouldn’t wait to serve everyone else,” Michael J. Petrilli, the president of the Thomas B. Fordham Institute, a conservative research organization, wrote on Twitter.
“The attitude that we need to have is: Let’s do everything we can, as fast as we can, for as many kids as we can,” he later said.“The attitude that we need to have is: Let’s do everything we can, as fast as we can, for as many kids as we can,” he later said.
Lee Ann Wentzel, the superintendent of the Ridley School District in Pennsylvania, said her staff had been reviewing thousands of records, connecting with hundreds families and finding creative ways to offer one-on-one services like speech therapy through platforms like Google Hangouts.Lee Ann Wentzel, the superintendent of the Ridley School District in Pennsylvania, said her staff had been reviewing thousands of records, connecting with hundreds families and finding creative ways to offer one-on-one services like speech therapy through platforms like Google Hangouts.
But, she conceded, “even with accessibility devices, there are some times when features will come up short for some children.”But, she conceded, “even with accessibility devices, there are some times when features will come up short for some children.”
“We have to acknowledge the fact that we’re not going to be 100 percent compliant, and not for not trying,” she continued. “But we decided to do what’s best for all kids.”“We have to acknowledge the fact that we’re not going to be 100 percent compliant, and not for not trying,” she continued. “But we decided to do what’s best for all kids.”
But parents and special education advocates fear the waivers could mark the beginning of the end of student disability rights.But parents and special education advocates fear the waivers could mark the beginning of the end of student disability rights.
Ms. Gratzer said she did not expect the same level of services that her son received in school. He could not see let alone follow what was happening on the screen during a recent meeting over Zoom, she said. But she said she hoped to take advantage of a benefit under the virus relief law that required schools to make up for lost time.Ms. Gratzer said she did not expect the same level of services that her son received in school. He could not see let alone follow what was happening on the screen during a recent meeting over Zoom, she said. But she said she hoped to take advantage of a benefit under the virus relief law that required schools to make up for lost time.
“It’s easy to do what they want and steamroll right over our kids,” Ms. Gratzer said. “My fear is that while parents like myself are trying to survive, people like Betsy DeVos will be out there pulling the rug from underneath us.”“It’s easy to do what they want and steamroll right over our kids,” Ms. Gratzer said. “My fear is that while parents like myself are trying to survive, people like Betsy DeVos will be out there pulling the rug from underneath us.”
The stimulus bill provision gave Ms. DeVos 30 days to submit recommendations for any waivers from the law she believes are necessary. Angela Morabito, an Education Department spokeswoman, said the department was reviewing the congressional request, “and will respond as appropriate.”The stimulus bill provision gave Ms. DeVos 30 days to submit recommendations for any waivers from the law she believes are necessary. Angela Morabito, an Education Department spokeswoman, said the department was reviewing the congressional request, “and will respond as appropriate.”
“Secretary DeVos has been clear from the beginning that she is committed to ensuring all students, including students with disabilities, can continue their educations during this national emergency,” Ms. Morabito said.“Secretary DeVos has been clear from the beginning that she is committed to ensuring all students, including students with disabilities, can continue their educations during this national emergency,” Ms. Morabito said.
Civil rights organizations say Ms. DeVos does not need to waive provisions to meet that commitment, and doing so could have unintended consequences.Civil rights organizations say Ms. DeVos does not need to waive provisions to meet that commitment, and doing so could have unintended consequences.
“You’re taking a temporary disadvantage and making it permanent because it will be hard to recoup that learning loss,” said Miriam A. Rollin, the director of the Education Civil Rights Alliance at the National Center for Youth Law. “It really is opening a whole Pandora’s box.”“You’re taking a temporary disadvantage and making it permanent because it will be hard to recoup that learning loss,” said Miriam A. Rollin, the director of the Education Civil Rights Alliance at the National Center for Youth Law. “It really is opening a whole Pandora’s box.”
In a letter, the National Urban League, The Education Trust and other groups said waiver authority for IDEA was “unnecessary.”In a letter, the National Urban League, The Education Trust and other groups said waiver authority for IDEA was “unnecessary.”
The AASA, The School Superintendents Association, disagreed, saying the right to request a waiver from special education mandates was vital when a shutdown district was struggling to meet the basic educational needs of its students.The AASA, The School Superintendents Association, disagreed, saying the right to request a waiver from special education mandates was vital when a shutdown district was struggling to meet the basic educational needs of its students.
The organization has asked the Education Department to consider waivers from timelines for evaluating students and for relief from stringent rules for adjusting a student’s individualized education plans.The organization has asked the Education Department to consider waivers from timelines for evaluating students and for relief from stringent rules for adjusting a student’s individualized education plans.
It also asked for flexibility from rules that govern how schools must respond to due process complaints that parents and lawyers file against districts for failing to provide services. The organization reported that lawyers had already filed complaints in at least four states.It also asked for flexibility from rules that govern how schools must respond to due process complaints that parents and lawyers file against districts for failing to provide services. The organization reported that lawyers had already filed complaints in at least four states.
Gregory Molloy, the superintendent of Morrisville-Eaton Central School District in central New York, said the threat of due process complaints had loomed over districts in his region. The school district is reaching out to the parents of special education students to rewrite their individualized plans.Gregory Molloy, the superintendent of Morrisville-Eaton Central School District in central New York, said the threat of due process complaints had loomed over districts in his region. The school district is reaching out to the parents of special education students to rewrite their individualized plans.
But, he said, “how do you deliver a one-to-one aide?” If schools did not, “that’s an easy due process complaint,” he said.But, he said, “how do you deliver a one-to-one aide?” If schools did not, “that’s an easy due process complaint,” he said.
Updated June 5, 2020 Updated June 12, 2020
Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks.
So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was “very rare,” but she later walked back that statement.So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was “very rare,” but she later walked back that statement.
A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study.A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study.
The unemployment rate fell to 13.3 percent in May, the Labor Department said on June 5, an unexpected improvement in the nation’s job market as hiring rebounded faster than economists expected. Economists had forecast the unemployment rate to increase to as much as 20 percent, after it hit 14.7 percent in April, which was the highest since the government began keeping official statistics after World War II. But the unemployment rate dipped instead, with employers adding 2.5 million jobs, after more than 20 million jobs were lost in April.The unemployment rate fell to 13.3 percent in May, the Labor Department said on June 5, an unexpected improvement in the nation’s job market as hiring rebounded faster than economists expected. Economists had forecast the unemployment rate to increase to as much as 20 percent, after it hit 14.7 percent in April, which was the highest since the government began keeping official statistics after World War II. But the unemployment rate dipped instead, with employers adding 2.5 million jobs, after more than 20 million jobs were lost in April.
Mass protests against police brutality that have brought thousands of people onto the streets in cities across America are raising the specter of new coronavirus outbreaks, prompting political leaders, physicians and public health experts to warn that the crowds could cause a surge in cases. While many political leaders affirmed the right of protesters to express themselves, they urged the demonstrators to wear face masks and maintain social distancing, both to protect themselves and to prevent further community spread of the virus. Some infectious disease experts were reassured by the fact that the protests were held outdoors, saying the open air settings could mitigate the risk of transmission.Mass protests against police brutality that have brought thousands of people onto the streets in cities across America are raising the specter of new coronavirus outbreaks, prompting political leaders, physicians and public health experts to warn that the crowds could cause a surge in cases. While many political leaders affirmed the right of protesters to express themselves, they urged the demonstrators to wear face masks and maintain social distancing, both to protect themselves and to prevent further community spread of the virus. Some infectious disease experts were reassured by the fact that the protests were held outdoors, saying the open air settings could mitigate the risk of transmission.
Exercise researchers and physicians have some blunt advice for those of us aiming to return to regular exercise now: Start slowly and then rev up your workouts, also slowly. American adults tended to be about 12 percent less active after the stay-at-home mandates began in March than they were in January. But there are steps you can take to ease your way back into regular exercise safely. First, “start at no more than 50 percent of the exercise you were doing before Covid,” says Dr. Monica Rho, the chief of musculoskeletal medicine at the Shirley Ryan AbilityLab in Chicago. Thread in some preparatory squats, too, she advises. “When you haven’t been exercising, you lose muscle mass.” Expect some muscle twinges after these preliminary, post-lockdown sessions, especially a day or two later. But sudden or increasing pain during exercise is a clarion call to stop and return home.Exercise researchers and physicians have some blunt advice for those of us aiming to return to regular exercise now: Start slowly and then rev up your workouts, also slowly. American adults tended to be about 12 percent less active after the stay-at-home mandates began in March than they were in January. But there are steps you can take to ease your way back into regular exercise safely. First, “start at no more than 50 percent of the exercise you were doing before Covid,” says Dr. Monica Rho, the chief of musculoskeletal medicine at the Shirley Ryan AbilityLab in Chicago. Thread in some preparatory squats, too, she advises. “When you haven’t been exercising, you lose muscle mass.” Expect some muscle twinges after these preliminary, post-lockdown sessions, especially a day or two later. But sudden or increasing pain during exercise is a clarion call to stop and return home.
States are reopening bit by bit. This means that more public spaces are available for use and more and more businesses are being allowed to open again. The federal government is largely leaving the decision up to states, and some state leaders are leaving the decision up to local authorities. Even if you aren’t being told to stay at home, it’s still a good idea to limit trips outside and your interaction with other people.States are reopening bit by bit. This means that more public spaces are available for use and more and more businesses are being allowed to open again. The federal government is largely leaving the decision up to states, and some state leaders are leaving the decision up to local authorities. Even if you aren’t being told to stay at home, it’s still a good idea to limit trips outside and your interaction with other people.
Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks.
Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days.Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days.
If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.)If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.)
Taking one’s temperature to look for signs of fever is not as easy as it sounds, as “normal” temperature numbers can vary, but generally, keep an eye out for a temperature of 100.5 degrees Fahrenheit or higher. If you don’t have a thermometer (they can be pricey these days), there are other ways to figure out if you have a fever, or are at risk of Covid-19 complications.Taking one’s temperature to look for signs of fever is not as easy as it sounds, as “normal” temperature numbers can vary, but generally, keep an eye out for a temperature of 100.5 degrees Fahrenheit or higher. If you don’t have a thermometer (they can be pricey these days), there are other ways to figure out if you have a fever, or are at risk of Covid-19 complications.
The C.D.C. has recommended that all Americans wear cloth masks if they go out in public. This is a shift in federal guidance reflecting new concerns that the coronavirus is being spread by infected people who have no symptoms. Until now, the C.D.C., like the W.H.O., has advised that ordinary people don’t need to wear masks unless they are sick and coughing. Part of the reason was to preserve medical-grade masks for health care workers who desperately need them at a time when they are in continuously short supply. Masks don’t replace hand washing and social distancing.The C.D.C. has recommended that all Americans wear cloth masks if they go out in public. This is a shift in federal guidance reflecting new concerns that the coronavirus is being spread by infected people who have no symptoms. Until now, the C.D.C., like the W.H.O., has advised that ordinary people don’t need to wear masks unless they are sick and coughing. Part of the reason was to preserve medical-grade masks for health care workers who desperately need them at a time when they are in continuously short supply. Masks don’t replace hand washing and social distancing.
If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others.If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others.
If you’re sick and you think you’ve been exposed to the new coronavirus, the C.D.C. recommends that you call your healthcare provider and explain your symptoms and fears. They will decide if you need to be tested. Keep in mind that there’s a chance — because of a lack of testing kits or because you’re asymptomatic, for instance — you won’t be able to get tested.If you’re sick and you think you’ve been exposed to the new coronavirus, the C.D.C. recommends that you call your healthcare provider and explain your symptoms and fears. They will decide if you need to be tested. Keep in mind that there’s a chance — because of a lack of testing kits or because you’re asymptomatic, for instance — you won’t be able to get tested.
Mr. Molloy said his small, rural school district was still “reeling from the pain that was inflicted” by a case two years ago, when it had to pay between $20,000 to $30,000 in legal fees alone. The damage to the morale of staff accused of failing children was irreparable, he said.Mr. Molloy said his small, rural school district was still “reeling from the pain that was inflicted” by a case two years ago, when it had to pay between $20,000 to $30,000 in legal fees alone. The damage to the morale of staff accused of failing children was irreparable, he said.
He said he hoped that in addition to waiving timelines and other rules, the Education Department would consider holding schools harmless against any due process complaints.He said he hoped that in addition to waiving timelines and other rules, the Education Department would consider holding schools harmless against any due process complaints.
“What happens four months from now, when we’re back in school and back into a routine, and lawyers are hungry?” Mr. Molloy said. “That empathy that exists for teachers right now, that could evaporate.”“What happens four months from now, when we’re back in school and back into a routine, and lawyers are hungry?” Mr. Molloy said. “That empathy that exists for teachers right now, that could evaporate.”
Susan Lee said her 23-year career as a special educator made her a better mother when her daughter began to lose skills like walking and talking by age 3. Her daughter, Alyssa, made her a better teacher, she said, giving her the skills to unlock the potential of students living in a body that does not work for them.Susan Lee said her 23-year career as a special educator made her a better mother when her daughter began to lose skills like walking and talking by age 3. Her daughter, Alyssa, made her a better teacher, she said, giving her the skills to unlock the potential of students living in a body that does not work for them.
Next week, when Ms. Lee’s school district in Alabama transitions to online instruction, both of her roles will be tested.Next week, when Ms. Lee’s school district in Alabama transitions to online instruction, both of her roles will be tested.
She will reconnect with 21 second and third graders, whose federally mandated special education plans call for her to provide seven to eight hours of individualized instruction and a range of behavioral support. But Ms. Lee will also have to juggle instruction for Alyssa, now 12, who cannot hold or manipulate a mobile device because of Rett Syndrome, a rare genetic disorder that has left her completely dependent.She will reconnect with 21 second and third graders, whose federally mandated special education plans call for her to provide seven to eight hours of individualized instruction and a range of behavioral support. But Ms. Lee will also have to juggle instruction for Alyssa, now 12, who cannot hold or manipulate a mobile device because of Rett Syndrome, a rare genetic disorder that has left her completely dependent.
“As much as I wish I could provide every ounce of instruction to my students that is spelled out in their I.E.P.s, it is just not possible,” Ms. Lee said. “How am I able to teach behavioral skills when I can’t be there physically to reinforce it? If I’m teaching a class online and she has a seizure, where does that leave me?”“As much as I wish I could provide every ounce of instruction to my students that is spelled out in their I.E.P.s, it is just not possible,” Ms. Lee said. “How am I able to teach behavioral skills when I can’t be there physically to reinforce it? If I’m teaching a class online and she has a seizure, where does that leave me?”
Ms. Lee said she also had reservations about the potential waivers and hoped that schools did not write off special education students for the rest of the year.Ms. Lee said she also had reservations about the potential waivers and hoped that schools did not write off special education students for the rest of the year.
But she also said she hoped the waiver provision would help schools and parents reach a middle ground.But she also said she hoped the waiver provision would help schools and parents reach a middle ground.
“When you have a child with a disability, we’re told it’s OK to mourn the child we thought we had, and it’s also our opportunity to dream new dreams,” Ms. Lee said. “I think we need to apply that to this situation. It’s OK to mourn the school year that we thought we were going to have.”“When you have a child with a disability, we’re told it’s OK to mourn the child we thought we had, and it’s also our opportunity to dream new dreams,” Ms. Lee said. “I think we need to apply that to this situation. It’s OK to mourn the school year that we thought we were going to have.”