Don't Miss the Deadline for State Complaints Related to COVID-19

In March 2020, the COVID-19 pandemic shut down most K-12 public schools across the country. In Maryland, schools remained closed without any instruction for students until April 24, 2020, when “distance learning” became the new normal.

The school closures, and subsequent distance learning, left many parents of students with disabilities scrambling to determine how their child’s special education and related services would be provided, and whether distance learning would be adequate to meet their needs. After almost a year of distance learning, many parents are observing not only a lack of progress but also regression in their child’s educational progress and wondering, “Where do I go from here?” The answer lies in seeking compensatory education.

Compensatory education is a common remedy when there has been a failure to provide a free appropriate public education (FAPE).  Compensatory education is provided by schools to “make-up” for missed or lacking special education and related services. In terms of COVID-19, compensatory education has been termed by the Maryland State Department of Education (MSDE) as recovery services to be determined when students return to school.  Whatever the term – the services should be determined by an IEP team based on what is needed to return the child to where they would have been performing had COVID not occurred.

It is important to note that the COVID-19 pandemic did not waive school districts’ obligation to provide FAPE.  However, the Individuals with Disabilities Education Act (IDEA) sets forth a one year statute of limitations also known as a look back period for the filing of state complaints.  The Maryland State Department of Education (MSDE) has not waived this time period even though not all students are back into school and many school systems are stating they are not ready to have the conversation about recovery services.  This means that families who want to utilize the state complaint option to have the MSDE investigate and determine if their child’s right to a free appropriate public education were violated during COVID must do so no later than April 24, 2021.  

Law for Parents, LLC is offering families a new flat rate service for filing state complaints in a limited engagement capacity to assist with accessing this right. If you have a child who was denied or delayed testing for special education or who has an IEP and believe they were not provided a free appropriate public education during the COVID closures, contact us at 301-882-2001 or via email at admin@lawforparents.com and we will be happy to discuss this service.

Disclaimer:  This blog is made available by the Law For Parents, LLC for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site, you understand that there is no attorney-client relationship between you and the publisher. The blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.