Dear Secretary DeVos:

This petition is on behalf of students with learning disabilities, like dyslexia, protected by the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973. We ask that you ensure that students with disabilities receive special education and related services while schools remain closed as a result of the COVID-19 pandemic.

We request that you continue to provide State Education Agencies (SEAs) a clear directive to commit to remotely delivering instruction and services that meet the needs of students with learning disabilities.

Furthermore, we request the following:

1. CURRENT LAW [IDEA] INCLUDES FLEXIBILITY. The CARES Act (Section 3511) directs the Secretary to provide Congress with a list of waivers needed “for states to implement IDEA." Current law allows flexibility to states on timelines for due process, the 30 day resolution period and state complaint investigations under IDEA. Other timelines, including evaluations, reevaluations and annual IEP reviews should be done on a case-by-case basis to avoid blanket policies like “good faith best efforts” that often minimize parental concerns. We ask that the Department of Education work closely with parents and students on any process that investigates and suggests the use of waivers for IDEA or Section 504.

2. PREVENT LOSING EVEN MORE EDUCATIONAL TIME.  We request that you not provide waivers to any SEAs or LEAs as this would go against the provisions under IDEA which already provides much flexibility. Due to this flexibility we ask that you do not agree to provide schools with waivers as these waivers or “pauses” would run from the time of school closure, March 2020, until 45 days after schools re-open “in person days” (November or December). Forty-Five school days is 25% of the school year. When you add 45 “in person days” to the months children are losing this school year, the consequences are severe. The IDEA allows parents and schools to hold IEP meetings by telephone or video conference call. IDEA allows the child’s IEP team to amend the IEP without a live meeting. It has been reported that schools are holding virtual IEP meetings now. When schools are creative and begin using technology that’s available today, there is not a need to waive provisions designed to protect children with disabilities due to school closures.  We ask that the Department of Education not allow the students entitled to protections under IDEA and Section 504 to lose valuable instructional time due to unnecessary delays the waivers would cause.

3. BEST PRACTICES FOR CONTINUITY OF LEARNING. Many states are implementing Continuity of Learning Plans for students with disabilities. We ask that the Department of Education call on national centers, experts and parents to create Best Practices for Continuity of Learning to be used by SEAs. It is imperative that states have a “game plan” that can help them address all components of IDEA and Section 504, including the pre-evaluation framework commonly referred to as “Response to Intervention.”

4. COMPENSATORY SERVICES. A school closure can cause students with disabilities to regress academically, socially and emotionally to a degree that will be difficult to compensate effectively. To address all components of an IEP or 504 that perhaps cannot be delivered remotely with fidelity, we ask that further guidance to states provide a clear path forward on how to develop compensatory service plans that equitably address student needs and incorporate parent feedback.

The educational years of a child are challenging, and even more so when a learning disability is present.  Please do not allow unnecessary waivers to create educational harm to our students with disabilities.  They need the protections granted to them by law to succeed educationally, whether in a classroom or learning remotely.

Thank you.

cc: State Governors, US Senators, US House of Representatives

Note: In response to the waiver situation replies have been written from several organizations to Secretary DeVos.  These include not only The Dyslexia Initiative but also NCLD, WrightsLaw, The Gallini Group, Decoding Dyslexia and others.  Some of the language above is from Decoding Dyslexia's letter to Secretary DeVos, as we felt it was well written.  Now is a time for unity where all within the community must raise their voices to protect the laws that protect our children.