Frequently Asked Questions for Special Education During Remote Learning - Last Updated: May 8, 2020

Oct 10, 2026

Guidance for schools on special education during remote learning necessitated by the COVID-19 pandemic, aligned with Executive Orders and regulatory amendments effective beginning March 31, 2020. It explains that remote instruction for students with disabilities is not discriminatory, and that districts must maintain FAPE and appropriate individualized education through online or alternative strategies. The document also clarifies compliance limits and emphasizes ongoing communication and collaboration with families and staff.

LanguageEnglish

CategoryHealthcare

FormatPDF

Pages19

Reading Time48 min

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Remote Learning and Special Education

Discrimination and distance instruction

FAPE obligations during remote learning

Frequently Asked Questions for Special Education During Remote Learning Last Updated: May 8, 2020 The purpose of this document is to assist schools in navigating special education issues directly impacted by the COVID-19 pandemic. Successful education practices that align with Executive Order 2020-15 and the Emergency Amendment to Part 5, beginning March 31, 2020, include the implementation of remote learning with students with disabilities as a result of the COVID-19 pandemic. Whereas “continuity of education” was encouraged after Executive Order 2020-05, the Emergency Amendment to Part 5 rules requires that schools implement “remote learning.” The successful implementation of remote learning begins with a positive mindset that effective, ongoing communication and collaboration with families, as well as collaboration with colleagues on innovative approaches, make it possible to provide remote learning to all students, regardless of their disability. The key to success will be the good faith efforts at reasonable application ofremote learning under these unique circumstances. Remote learning for special education purposes will include activities that support student progress toward achievement of their annual goals and objectives, all while taking into consideration the health, safety, and well-being of students and staff. This guidance document cannot and does not provide any additional waiver or flexibility from compliance with either federal law or state law as it is presently interpreted through Gubernatorial Disaster Proclamations and subsequent Executive Orders connected to the COVID-19 outbreak. Although the U.S. Department of Education (ED) has released guidance offering certain flexibility, no ISBE guidance should be interpreted as exceeding federal flexibility. Schools and school districts should review all matters concerning special education and related services obligations with their board, administrators, and counsel. The questions and answers contained within this document are meant to serve as a guide for schools during suspension of in-person instruction when implementing remote learning with students with disabilities in relation to federal and state regulations. General information on remote learning is available on the ISBE website [at](at www.isbe.net/Documents/RL-Recommendations-3-)[ ](at www.isbe.net/Documents/RL-Recommendations-3-)[www.isbe.net/Documents/RL-Recommendations-3-](at www.isbe.net/Documents/RL-Recommendations-3-)[ ](at www.isbe.net/Documents/RL-Recommendations-3-)[27-20.pdf](27-20.pdf), and resources for use with special education students can be found at [www.isbe.net/keeplearning](www.isbe.net/keeplearning). Districts, special education cooperatives, private special education schools, alternative schools, and nonpublic private parochial schools should reference the ED Q&A, ED Supplemental Fact Sheet, and Office for Civil Rights (OCR) Fact Sheet to find additional information from a federal perspective on the provision of education and related services for students with disabilities. REMOTE LEARNING AND SPECIAL EDUCATION 1. Is it discriminatory for schools to operate remote instruction for students with disabilities? No. The ED Sheet from March 21, 2020, corrects any “misunderstanding” in the field connected to providing remote learning, stating “some educators, however, have been reluctant to provide any distance instruction because they believe that federal disability law presents insurmountable barriers to remote education. This is simply not true.” ED states that federal law (the Individuals with Disabilities Education Act [IDEA], Section 504 of the Rehabilitation Act [Section 504], and Title II of the Americans with Disabilities Act should not prevent any school from offering educational programs through remote learning. REGULATORY REQUIREMENTS 2. What obligations do districts have to provide a free and appropriate public education (FAPE) during

FAQs

Is it discriminatory for schools to operate remote instruction for students with disabilities?

No. Federal guidance states that disability law should not prevent schools from offering educational programs through remote learning.

What obligations do districts have to provide FAPE during remote learning? (Updated 5/8/2020)

Remote Learning Days are treated as attendance days, and individualized education must continue for students with disabilities. Districts must provide FAPE through online instruction, distance education, or other appropriate alternative strategies.

Can a school district ask a parent to voluntarily waive a child’s right to FAPE?

No. The IDEA does not permit waivers that would relieve the school district of its legal obligation to provide FAPE.

Oct 10, 2026

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