Education Rights Counsel

This document is meant to aid LEAs and parents in identifying steps they can take to ensure that as the 2020-2021 school year continues, children with disabilities are well- positioned with an educational program that meets each child’s unique needs

August 7 release from the Nebraska Department of Education on the duties of schools to provide special education services to students who homeschool during COVID.

This document is a Q & A from US DOE in response to implementing dispute resolution under IDEA during COVID-19.  

"Neither state and/or federal law contain any provisions that would allow for any school district to require a student or parent to waive any rights that a student would otherwise have to participate in special education services at school. There should not be such a “waiver” for any regular or special education services as a condition to educational services." 

As required by the CARES Act, Sec. DeVos details needed waivers.  Importantly, she did NOT recommend any waivers that would diminish the right to FAPE.  Thank you to all who wrote to their Senators about this!

Nebraska's Department of Education makes it clear that districts must enroll students while maintaining continuity of education in an alternative learning environment.

Governor Ricketts declares certain state laws concerning  annual assessment of student learning and reporting are waived through the end of the 2019-20 school year.

 Nebraska schools must provide continuity of education in an alternate learning environment through the remainder of the 2019-20 school year, and provide equity for children with special needs

OPS has issued expectations for teachers and families for Special Education Services during school building closures due to COVID-19

Created by Stonybrook University (NY), this form can be used to prepare individuals with disabilities for medical treatment.  Hospital staff are not letting families accompany patients, so this form should be completed proactively prior to seeking medical attention.

Nebraska has issued a series of documents specific to COVID-19 and its impact on schools.

A short video on providing equal access when providing educational services online