Provision of Special Education, Early Intervention, and 504 Services During the Coronavirus 2019 Outbreak

Updated on 3/23/2020

Yesterday, the Department of Education released guidance on how to continue providing services to children with disabilities during the coronavirus disease 2019 (COVID-19) outbreak. Based on that guidance, AOTA has provided some answers to the most frequently asked questions. For more details, or further guidance on situations not covered here, please review the Department of Education’s guidance.

Q. What are my responsibilities to provide occupational therapy services to students under the IDEA and Section 504 if my school closes?

According to the Department of Education’s guidance, if a school closes and does not provide any educational services to the general student population, then the school is not required to provide services to students with disabilities. After the school reopens, the IEP or 504 team should make an individual determination about whether the student would need additional or compensatory services.

If a school closes but continues to provide educational opportunities to students, the school is required to ensure students with disabilities also have equal access to the same opportunities. Also, to the greatest extent possible, each student with a disability should be provided the special education and related services identified in the IEP or 504.

Q. If my school is required to provide services, how should occupational therapy services be provided?

You should work with your school and students’ IEP teams to determine which of the different methods of service provision are the most appropriate during a school closure. Options include online and virtual instruction, instructional calls and activities, services provided in an alternative location, or possibly services provided in the student’s home. The ability of occupational therapy services to be provided through remote options/telehealth varies by state, as does the ability of these services to be billed under Medicaid and under private insurance. Some state occupational therapy regulatory agencies also have enacted practice standards governing the provision of OT services via telehealth. For a state-by-state chart of the telehealth laws, AOTA’s telehealth position paper, and other considerations, please visit AOTA’s Telehealth Resources page.

Q. Do I still need to provide services if a child with an IEP is absent for an extended period of time because they are infected with COVID-19 while the school remains open?

Yes. Generally, when a student is absent for more than 10 consecutive school days they would be classified as needing homebound instruction. The IEP team should meet to determine whether the child is available for instruction, could benefit from homebound services or virtual instruction, and whether modifications to the IEP are needed. For more information see the Department of Education’s guidance.

Q. What are my responsibilities under the Family Educational Rights and Privacy Act (FERPA)?

The Department of Education has provided detailed guidance regarding sharing and reporting student information such as extended absences and illness. This information is largely targeted at school administrators and is generally related to disclosing information to public health and medical personnel. However, it is important to remember that under FERPA, you should not disclose personally identifiable information about the health status of a particular student, teacher, or other school personnel to the general public.

Q. Are early intervention services to infants and toddlers with disabilities still required during an outbreak?

If the office of the state lead agency or EIS program or provider is closed, early intervention services under Part C of the IDEA are not required. If the office remains open, and services cannot be provided in a particular location (e.g., the child’s home or daycare setting) or by a particular provider, the lead agency must ensure continuity of services. If an office has closed, after it reopens the individualized family service plan (IFSP) team should determine whether the IFSP is still appropriate, or needs updating.

Q. What are some alternatives for service provision if services cannot be provided in a particular location (such as a child’s home) or by the current service provider?

Examples include providing services in an alternate location, using a different EIS provider, or exploring an alternate means, such as consultative services to the parent. Determining the specific method employed should be on a case-by-case basis, consistent with the most updated public health and safety guidance, in coordination with the child, family, and state lead agency or EIS program or provider. For more information see the Department of Education’s guidance.

AOTA will update resources as they become available.

The Department of Education is continuously updating their resource page which you can find at: https://www.ed.gov/coronavirus/.

Update as of 3/23/2020

On March 21st, 2020, the U.S. Department of Education’s Office of Special Education and Rehabilitative Services (OSERS) releases a supplemental fact sheet, Addressing the Risk of COVID-19 in Preschool, Elementary and Secondary Schools While Serving Children with Disabilities. This fact sheet is meant to provide specific guidance to public schools on how schools may conduct virtual education of students for an extended period of time. 

Q. Is it okay to provide special education and related services remotely?

The key issue is ensuring that the requirement of the Individuals with Disabilities Education Act (IDEA) to provide all students with a free and appropriate public education (FAPE) in the least restrictive environment (LRE) is maintained. FAPE ensures a student with a disability has access to the general education curriculum through special education and related services.

The Department’s guidance clarifies FAPE may include, as appropriate, special education and related services provided through distance instruction provided virtually, online, or telephonically. The Department does note it may be unfeasible or unsafe for some institutions to provide some related services, including occupational therapy, in a direct and hands-on manner. Occupational therapy practitioners can play an essential role in making sure students can access their education through their distance instruction.

Q. How can we continue to conduct IEP meetings during this time? What if we want to make changes to the IEP?

The new guidance states parents and the IEP team may agree to conduct IEP meetings through alternative means, such as video or telephone conferencing in order to meet the IDEA’s timeline requirements. Changes may be made to the IEP after the annual IEP Team meeting during the COVID-19 pandemic if the parent of the child with a disability and the public agency agree not to convene the IEP Team meeting to make changes, instead developing a written document to amend or modify the student’s current IEP.