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COVID-19: BEYOND TOMORROW

The Urgency and Challenge of Opening K-12 Schools
in the Fall of 2020

The sudden closure of kindergarten through 12th grade
(K-12) schools nationwide this spring likely helped to avert
a medical catastrophe from the coronavirus disease 2019
(COVID-19) pandemic. This decisive step, however, is cast-
ing a long shadow. By the time the school year ends in June,
more than 55 million US children will have missed months
of in-class instruction.1 The educational effect to date rep-
resents only one dimension of the harm to children.

More than 20 million children rely on school break-
fast or lunch; surveys now indicate that 1 in 5 mothers
with children younger than 12 years old report that their
children are going hungry.2 Millions of children have lost
access to health services through school-based health
centers. There are major divides by race/ethnicity, ge-
ography, and economic class in access to home comput-
ers and high-speed internet.3 When prolonged school
closures are combined with summer break, some chil-
dren may to fall behind normal academic growth by as
much as a year in mathematics.4

The “COVID slide” will likely be greatest among those
students who are already at educational and social risk.
Children with significant learning disabilities may re-
gress without in-person instruction. In addition, school

officials typically make about 1 in 5 reports regarding child
abuse and neglect5; without involvement of school-
based counselors and social workers, these concerns
may not be investigated.

Reopening schools this fall is an urgent national pri-
ority. To achieve this goal as safely as possible and re-
duce the chances that schools are required to close again,
policy makers at every level should consider embracing
a framework with these 6 components.

Create the Conditions for a Successful Reopening
Whether closing schools contributes more than mod-
estly to a decline in coronavirus infection is a matter of
ongoing debate.6 Nonetheless, in the event of signifi-
cant community spread in the fall and winter months,
parents and teachers are likely to again demand school
closure, and, if they do, elected leaders are likely to agree.
The best way to avoid a replay of the widespread clo-
sures is to control the pandemic more effectively in the
future. To open school safely, communities should drive
down the spread of COVID-19 over the summer while
building a strong public health response for the fall. Ev-
ery community should implement a rigorous program of
testing, contact tracing, isolation, and quarantine.

Establish Distancing at Each School
Following guidance developed by the Centers for Dis-
ease Control and Prevention, schools should imple-
ment distancing whenever there are even low levels
of community transmission.7 Protocols should involve
creating more space for children in the classroom
(with desks spaced 6 ft apart), keeping groups of chil-
dren together throughout the day to limit mixing,
staggering drop-offs and pick-ups, closing common
areas, adding transportation options to increase spac-
ing (such as on buses), limiting nonessential visitors,
and canceling extracurricular activities that require
close contact. Staff and older students should wear
cloth face coverings, particularly when it is difficult to
maintain distancing.

Prioritize Children Most at Risk From
Missing School
School systems should make on-site education a high pri-
ority for youth who experience barriers to remote learn-
ing, students who receive special education services or
nutritional support at school, and younger children (for
whom online learning may be particularly challenging).

School districts and individual schools
within districts that have greater num-
bers of such children should be pro-
vided with additional resources for
space, new staffing, and educational

technology. Restructuring school time with strategies
such as alternate morning, afternoon, daily, or weekly
schedules may be needed to permit distancing. These
schedules should offer more in-school time to those chil-
dren at greatest risk, while providing access to appro-
priate educational technology for all.8

Ready a Strong Public Health and Environmental
Response
To prevent the spread of infection, schools should pro-
vide parents a checklist to document that children have
no symptoms every morning and no other family mem-
bers are ill at home. Schools should also use paraprofes-
sionals (such as nursing aides and other trained staff)
to screen children quickly on arrival, make handwash-
ing and other supplies readily available, and adopt
schedules for cleaning high-touch areas and disinfect-
ing classrooms, with appropriate protective equipment
for maintenance staff. When symptoms appear, prompt
testing should be available. Schools should inform
their communities when cases are identified and estab-
lish protocols for further testing of classmates and
staff, additional school cleaning, and home isolation
and quarantine.

Reopening schools this fall is an urgent
national priority.

VIEWPOINT

Joshua M. Sharfstein,
MD
Department of Health
Policy and
Management, Johns
Hopkins Bloomberg
School of Public Health,
Baltimore, Maryland.

Christopher C.
Morphew, PhD
Johns Hopkins School
of Education,
Baltimore, Maryland.

Corresponding
Author: Joshua M.
Sharfstein, MD, Johns
Hopkins Bloomberg
School of Public Health,
615 N Wolfe St, Room
W1033F, Baltimore, MD
21209 (Joshua.
Sharfstein@jhu.edu).

Opinion

jama.com (Reprinted) JAMA July 14, 2020 Volume 324, Number 2 133

mailto:Joshua.Sharfstein@jhu.edu

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Respect the Valid Concerns of Individual Families
and Teachers
Regardless of the measures used by schools, some teachers may be
unwilling to return to the classroom, and some families may be un-
willing to send their children to school. Parents and guardians who are
older than 65 years or have chronic health conditions, or families with
infants or other children with health conditions, may be legitimately
concerned for the risk of transmission within their household. To ac-
commodate these families, school systems should use the summer
to identify and train teachers at high risk to serve as remote learning
experts, with the potential to flex and incorporate other students and
teachers during periods of quarantine or school closure.

Recent reports of a multisystem inflammatory syndrome in chil-
dren associated with current or prior severe acute respiratory syn-
drome coronavirus 2 (SARS-CoV-2) infection emphasize that re-
opening schools is not without risks for children. While this syndrome
appears uncommon, the potential for serious illness in children may
lead some families to choose fully online options. Active surveil-
lance for this new condition will be essential to informing school
policy and public understanding over time. It will be important to
present the facts to parents; regardless of what procedures are put
in place, it will not be possible to reduce the risk of COVID-19 trans-
mission in schools to zero.

Link Curricula, Teaching Strategies, and Remote Learning
Technologies
Given the likelihood of blended learning for many students, as well
as periodic returns to fully remote learning in case of rising commu-
nity spread of COVID-19, school systems should identify appropri-
ate curricula that have both in-person and remote strategies, lever-
aging technology where age appropriate, and linked to specific
learning objectives.

Preparing K-12 classrooms for the fall will require substantial re-
sources and personnel. School systems should develop plans in-

formed by public health guidance with broad input from parents,
teachers, unions, school health services, and, where possible, stu-
dents. Considerations should include not just academic planning, but
also family support. Given the pandemic-related stress many chil-
dren have experienced, school systems should hire additional coun-
selors, social workers, and nurses to reach out to assist families on
a regular basis. Lessons from successful community schools should
be applied broadly for these types of interventions.

Congress should quickly make sufficient funding (in the bil-
lions) available to states and localities to support K-12 education for
the fall. Extra funds should be available to public school districts that
would be expected to face the greatest gaps in staffing and infra-
structure, based on formulas that measure the number of children
who receive nutritional assistance and special education services.

The federal government should also accelerate research rel-
evant to school reopening.9 Critical questions include how best to
care for children with respiratory disease and multisystem inflam-
matory syndrome from COVID-19, the extent of transmission in
school settings, the relationship between school shutdowns on com-
munity spread, and the value of specific educational designs and in-
terventions for disease transmission and learning. There is much to
learn now from countries that are opening K-12 schools during com-
munity transmission of SARS-CoV-2. A cohort of teachers should be
identified to assess whether antibody levels are associated with im-
munity from further infection; results could inform future staffing
policies. A parallel research program to study the effects of remote
learning programs is also needed. An advisory body with represen-
tation from the medical, public health, ethics,10 and educational com-
munities should summarize the results of this research and its im-
plications for practice on a regular basis.

The COVID-19 pandemic is more than a short-term threat to the
nation’s health. Through its effects on children, the legacy of
COVID-19 will last for years. The urgency and challenge of reopen-
ing schools requires the nation’s full attention today.

ARTICLE INFORMATION

Published Online: June 1, 2020.
doi:10.1001/jama.2020.10175

Conflict of Interest Disclosures: None reported.

Additional Contributions: We acknowledge the
research assistance of Trevor Wrobleski, BA, and
the comments of Megan Collins, MD, MPH,
and Anita Cicero, JD. They did not receive
compensation.

REFERENCES

1. Map: coronavirus and school closures. Education
Week. Accessed May 24, 2020. https://www.
edweek.org/ew/section/multimedia/map-
coronavirus-and-school-closures.html

2. Bauer L. The COVID-19 crisis has already left too
many children hungry in America. Brookings.
Accessed May 24, 2020. https://www.brookings.
edu/blog/up-front/2020/05/06/the-covid-19-
crisis-has-already-left-too-many-children-hungry-
in-america/

3. Auxier B, Anderson M. As schools close due to
the coronavirus, some US students face a digital

‘homework gap.’ Accessed May 24, 2020. https://
www.pewresearch.org/fact-tank/2020/03/16/as-
schools-close-due-to-the-coronavirus-some-u-s-
students-face-a-digital-homework-gap/

4. Kuhfeld M, Tarasawa B. The COVID-19 slide:
what summer learning loss can tell us about the
potential impact of school closures on student
achievement. Accessed May 24, 2020. https://
www.nwea.org/content/uploads/2020/05/
Collaborative-Brief_Covid19-Slide-APR20

5. US Department of Health and Human Services,
Administration for Children and Families,
Administration on children, Youth and Families,
Children’s Bureau. Child maltreatment 2018.
Accessed May 24, 2020. https://www.acf.hhs.gov/
sites/default/files/cb/cm2018

6. Esposito S, Principi N. School closure during the
coronavirus disease 2019 (COVID-19) pandemic: an
effective intervention at the global level? JAMA
Pediatr. Published online May 13, 2020. doi:10.1001/
jamapediatrics.2020.1892

7. US Department of Health and Human Services,
Centers for Disease Control and Prevention. CDC

activities and initiatives supporting the COVID-19
response and the president’s plan for opening
America up again. Accessed May 24, 2020. https://
www.cdc.gov/coronavirus/2019-ncov/downloads/
php/CDC-Activities-Initiatives-for-COVID-19-
Response

8. Bryant J, Dorn E, Hall S, Panier F. Safely back to
school after coronavirus closures. McKinsey & Co.
Accessed May 24, 2020. https://www.mckinsey.
com/industries/social-sector/our-insights/safely-
back-to-school-after-coronavirus-closures

9. Cicero A, Potter C, Kirk Sell T, Rivers C,
Scoch-Spana M. Filling in the blanks: national
research needs to guide decisions about reopening
schools in the United States. Accessed May 24,
2020. https://www.centerforhealthsecurity.org/
our-work/pubs_archive/pubs-pdfs/2020/200515-
reopening-schools

10. Faden R, Collins M. There’s more to reopening
than just deciding when to do it. Education Week.
Accessed May 24, 2020. https://www.edweek.org/
ew/articles/2020/05/08/lets-be-honest-about-
the-ethical-trade-offs.html

Opinion Viewpoint

134 JAMA July 14, 2020 Volume 324, Number 2 (Reprinted) jama.com

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https://www.edweek.org/ew/section/multimedia/map-coronavirus-and-school-closures.html

https://www.brookings.edu/blog/up-front/2020/05/06/the-covid-19-crisis-has-already-left-too-many-children-hungry-in-america/

https://www.pewresearch.org/fact-tank/2020/03/16/as-schools-close-due-to-the-coronavirus-some-u-s-students-face-a-digital-homework-gap/

https://www.nwea.org/content/uploads/2020/05/Collaborative-Brief_Covid19-Slide-APR20

https://www.acf.hhs.gov/sites/default/files/cb/cm2018

https://jamanetwork.com/journals/jama/fullarticle/10.1001/jamapediatrics.2020.1892?utm_campaign=articlePDF%26utm_medium=articlePDFlink%26utm_source=articlePDF%26utm_content=jama.2020.10175

https://www.cdc.gov/coronavirus/2019-ncov/downloads/php/CDC-Activities-Initiatives-for-COVID-19-Response

https://www.mckinsey.com/industries/social-sector/our-insights/safely-back-to-school-after-coronavirus-closures

https://www.centerforhealthsecurity.org/our-work/pubs_archive/pubs-pdfs/2020/200515-reopening-schools

https://www.edweek.org/ew/articles/2020/05/08/lets-be-honest-about-the-ethical-trade-offs.html

http://www.jama.com?utm_campaign=articlePDF%26utm_medium=articlePDFlink%26utm_source=articlePDF%26utm_content=jama.2020.10175

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ISEA • Volume 48, Number 3, 2020 | 109

Special Education Students in Public
High Schools During COVID-19 in the
USA
Matthew Nelson and Elizabeth Murakami

Abstract: The world, nation, and states have never experienced a pandemic that would affect us all at
the same time. This article examines unprecedented changes and instructional delivery challenges
under the COVID-19 health crisis. For USA students, school closures during the crisis jeopardised
especially those underserved and with special needs, in their ability to receive equitable opportunities.
In this article we exemplify how the pandemic exacerbated unequal and inequitable outcomes, with key
leadership considerations focused on high school students with special needs.

Keywords: School district leadership, COVID-19, special education, pandemic

Introduction
Peter is a 12th grade student (senior) in a rural high school in Texas and diagnosed with
autism. With accommodations and supports from special education and general teachers, he
has been very successful. He has forged strong relationships with his special education case
manager and his Foreign Language teacher. During his senior year, Peter was maintaining
high grades (A’s and B’s). Although he struggled with some social skills, he was a capable
and accomplished student.

Peter struggled when working with groups or presenting in front of peers, but his case
manager reported tremendous growth since he began high school. Just before the COVID-19
outbreak, Peter was participating in group learning and was a leader in his German class. He
was on track to finishing high school successfully. Peter aspired to go to college,
demonstrating interest in cinematography. His special education case manager researched
college programmes of interest to Peter. He was meeting the GPA minimum required for
admission at New York University (NYU) (3.69) and was but a few points away from meeting
the GPA requirement at University of Southern California (USC) (3.73).

110 | ISEA • Volume 48, Number 3, 2020

On March 23, 2020, Texas mandated school closures due to COVID-19. The district organised
measures for at-home online learning, provided tablets/laptops for students as well as WiFi
strategically located across the schools’ vicinities. However, once the at-home learning began,
Peter did not log into class meetings or check in with his teachers. Attempts to contact him
were futile. Due to the loss of the supportive campus environment and loss of positive teacher
interactions, Peter was in real danger of failing courses.

The school diagnostician finally reached Peter’s father. He reported that he worked 12+ hours
daily and as a result, was unable to assist Peter with school. Peter was at home alone for the
better part of most days and did not have access to internet. Peter was unable to access the
school’s WiFi due to distance and his father’s schedule. The father reported that Peter was
depressed and did not want to get out of the bed: ‘I am at a loss. I don’t know how to help
my son.’

Peter exemplifies the reality of many students. Prior to COVID-19, educational opportunities
for students in the USA were already uneven with a number of variables impacting academic
performance, including a lack of family structure, behavioural and/or cognitive limitations
among students, language learners, socioeconomic disparities and racial discrimination
(Spring 2018). During COVID-19 these variables were magnified, jeopardising students’
ability to earn high academic achievement. If students like Peter struggled to perform in
school, these extraordinary times further limited his chances of success. They were robbed of
the opportunity for equitable outcomes when compared to non-disabled students with
greater resources.

Peter’s example in a public school in the state of Texas allow us to share how unprecedented
changes during the pandemic impacted students in need of special services. Here, we
examine how adaptations were addressed in relation to unequal or inequitable outcomes
during COVID-19. This paper was developed during the pandemic, between March and July
2020, when national and state mandates closed schools and while schools puzzled through
decisions to reopen in August. We used pseudonyms for the student’s story and school
district, with the intent of providing context to this case, and transferability to similar settings.

Rationale
The Texas Education Agency (TEA) is the state’s entity that oversees education for more than
five million students, distributing federal and state funding, administering curriculum,
instructional materials, assessment and accountability, and support for specific student
populations. Half a million of these students, or 9.6 percent, received special education
services (TEA 2020b). For a student to receive special education services within public schools
in Texas, the student must meet eligibility requirements.

Once a student has met eligibility through an evaluation process (sometimes through an
initial teacher referral, or from specialists outside of school), an Admission, Review and
Dismissal (ARD) committee convenes to determine the need and degree of supports and

ISEA • Volume 48, Number 3, 2020 | 111

services. With parental participation, the committee reviews medical and academic
evaluations, results of any State of Texas Assessments of Academic Readiness (STAAR) (TEA
2020c), as well as behavioural and physical needs (Navigate Life Texas 2020). If the ARD
committee determines that the student will receive special education services, the student is
supported by trained case managers, behaviour, speech, or other specialists, and special
education teachers. These professionals supervise the educational placement, needed
curricular modifications and other accommodations. These services are documented and
reported to parents throughout the year. Progress is closely monitored. If a student fails to
make progress, the committee is required to meet again to determine the reason(s) for the lack
of progress and adjustments to the student’s educational plan are made.

Important to consider in reporting on Peter’s story is that in 2018, federal investigations found
Texas failed to provide adequate services for these students. In order to control the enrolment
of students for special education programmes, TEA was found operating under a policy
limiting the percentage of students receiving services (Ayala 2018). This policy resulted in an
artificial decline of special education services while the overall population of students grew
by more than a million during the same period. That same year, the US Department of
Education required Texas to put into place a corrective action plan. Through the plan, the
state attempted to address the lack of appropriate services for students. Although some
progress was made before the pandemic, support for these students was still disproportionate
and was further aggravated by the pandemic.

Special Education During COVID-19
Peter exemplifies how high school can be a testing time for students. Yager-Elorriaga and
McWhirter (2014) recognised that today’s ‘young people are facing huge amounts of distress,
especially from body image issues, substance abuse, behaviors, lack of confidence or security,
not fitting in, or not performing well enough’ (p. 31). While confronting these issues, Peter
needed to follow a rigorous coursework programme, prepare for state and course
assessments, and pursue college admissions. A concern for special education students in high
school relates to how successful they will be when transitioning to college. Gil (2007)
confirmed that ‘the more preparation they have prior to beginning their journey to
postsecondary education, the greater the likelihood of a smooth transition’ (p. 12).
Nonetheless, school districts never anticipated the life-altering measures and the uncertainty
generated by school closures.

As schools closed during the pandemic, TEA (2020a) required school districts to report on
each student using the following terms: (a) engaged (when students completed assignments),
or (b) contactable (when students were responsive to teachers). The report showed that one
in ten students (11.3%) disengaged or were not contactable during the crisis. One school
district with 489,000 students in a metropolitan area in the state, in fact, lost contact with 9,300
students in the initial weeks after the school closures (Phillips 2020). Economically

112 | ISEA • Volume 48, Number 3, 2020

disadvantaged students showed a higher degree of disengagement, and special education
students were among the ones with the higher needs of adjustments in communication,
modified instructional resources, and specialised services when schools moved to online
delivery. Teachers were pressed to generate materials and activities in one week, and
adjustments for students in special education required longer adjustments.

Out of 254 counties (municipalities), 172 counties in Texas are rural, with many students
having limited access to WiFi (Texas Health and Human Services 2020). The delivery of
education was not limited to online access, when transitioning from school to the home in
March 2020. Teachers trying to reach students by phone were unable to locate families in
districts, especially where the turnover of students was high. Not all parents came to schools
to pick up laptops or materials prepared for students. Some small rural districts distributed
breakfast and lunch using the school buses.

School Leadership in COVID-19 Times
District superintendents and principals seemed to be challenged by three main concerns,
including teachers’ skillset for remote delivery, access and delivery platform, and home
environment, as follows:

Teachers’ Skillset. For the first time across the nation, educators were required to transition
their curriculum to at-home learning on a large scale. Huerta, Shafer, Barbour, Miron and
Gulosino (2015), considered that ‘[w]hile a great deal of research has focused on defining
teacher quality in traditional settings, little is known about what constitutes teacher quality
in virtual schools’ (p. 20). Principals and teachers poured their energies into developing
learning comparable with on-campus opportunities. Nonetheless, Smith, Basham, Rice and
Carter (2016) observed how online learning models ‘for well-designed courses and
assessments are likely to be scarce in the newness’ (p. 176).

Delivery Platform. Overnight, students lost both resources and supports. Even though it may
be assumed that all households have WiFi, not all students had high speed internet and stable
environments for learning at home. While some students enjoyed home routines, meals, and
family interactions to support their learning – some equally proficient students proved to not
have comparable opportunities, hence Peter’s example. Yager-Elorriaga and McWhirter
(2014) warned that without supports, students ‘are given the responsibility to teach
themselves, placing them at the mercy of their individual differences such as family
background, innate ability, and socioeconomic status’ (p. 33). Parents also needed to learn
how to use technology and educational platforms set by schools.

Home Environment. A high number of students at risk of failing are found in the poorest or
rural areas of the state. There were noticeable differences in student outcomes, where some
students earned better marks due to being in an advantaged home (i.e. with stay-at-home
parents, with a college education). Those in less advantaged homes were unable to sustain
the same academic achievement on their own, despite the teachers’ best efforts online. At

ISEA • Volume 48, Number 3, 2020 | 113

school, Peter received multiple supports like adaptations, teachers and counsellors’
supervision, and specialised services. These supports were lost when schools shut down and
at-home learning began. Many students had parents that were considered essential workers
(i.e. construction, transportation, medical personnel, etc.) and were unable to supervise their
children’s school work.

Not included in the three areas of concern was the leadership to generate important
accommodations for special education students. Special Education directors were key
personnel in a district’s office helping schools in facilitating the transition to online services.
TEA (2020b) emphasised that, to the greatest extent possible, school districts were to continue
providing special education services to students. To that end, TEA provided general
guidelines and support to districts regarding continued services for these students. These
guidelines were an important first step as districts navigated an uncharted territory. In
instances when neither parents nor teachers were skilled to provide specialised academic
delivery, districts provided additional support to both the adults and students. Instructional
videos, equipment like speech devices, or one-on-one therapy were prepared for each child.
Additionally, some districts relied on out of the box thinking and began providing services
through teletherapy, virtual meetings with parents to provide support and resources and
special education staff attending virtual class meetings to provide support for students. For
school leaders, it was important to ask parents to keep an accurate record of documented
challenges and student difficulties at home, since these students would be eligible to receive
extra professional help once schools are open again (Swaby 2020).

Final Thoughts
Peter transitioned to at-home learning on March 23, 2020. Most parents in different districts
received technology and online guidelines, materials, schedules, and assignments. At the
same time, parents were impacted with changed lifestyles, where some were deemed non-
essential workers and could work from home supporting their children’s academics. Parents
deemed essential workers continued working away from home, with restricted capacity to
support children with at-home learning. While some had more stable home environments,
many were from less stable homes. Some students benefitted from one (if not two) supportive
parents while others would have no support and/or preparedness for special education needs.
As an essential worker, Peter’s father was working long hours and could not make sure his
son was even out of bed.

As schools prepare to reopen in the Fall, we are reminded that USA’s education goals have
been controversial, where Spring (2018) affirmed that ‘equality of opportunity refers to
everyone having the same chance to pursue wealth. It does not mean that everyone will have
equal status or income, but just an equal chance to economically succeed’ (p. 5). COVID-19
produced massive shockwaves, intensifying unequal and inequitable outcomes among
students. TEA (2020b) recognised that when focusing on the priorities of special education

114 | ISEA • Volume 48, Number 3, 2020

students, ‘[t]here is no defined or correct method to adequately and equitably meet the needs
of all students in an unprecedented event such as the current COVID-19 pandemic response’
(p. 1). Nonetheless, the agency confirmed that students with disabilities should have equal
access to the same opportunities as when schools were open.

In terms of leadership, Starratt (1991) considered that ‘educational administrators have a
moral responsibility to be proactive about creating an ethical environment for the conduct of
education’ (p. 187). Principals and teachers had to make swift decisions about what would be
a true representation of students’ abilities in the academic work submitted by parents. Schools
and their leaders could not guarantee that every child’s at-home learning environment was
equal and equitable, especially when students required specialists and accommodations
beyond those able to be offered through a virtual learning environment. The next challenge
when reopening schools in the Fall is to increase the support for those who have had their
academic achievement compromised due to the limited educational services during the
pandemic.

School districts cannot ignore how the pandemic revealed how school leaders, teachers,
students and families are less prepared for specialised educational delivery. Unchanged,
educational practices often assumed home environments to be equal and alike. Such a
viewpoint would be ‘blind to [the] socioeconomic and cultural differences’ (Allen, English &
Papa 2014: 141). Modifications are warranted in order to address students’ learning, beyond
the crisis, when we cannot be indifferent to the needs of students both in schools and at-home,
considering their backgrounds, context, and differences.

Peter struggled with at-home learning and fell into a group of students who were hard to
reach following the schools’ shutdown. After the diagnostician connected with Peter’s father,
they strategised and employed strategies to reengage Peter in his academic activities. Peter
interacted weekly with his teachers by phone and goals were met. School personnel hand-
delivered printed packets to Peter’s home. He received assistance by phone. He was back on
track to complete high school with a GPA that would enable him to attend college. Peter’s
experience ended as a success story. But for every Peter, there were likely more students
across the state and around the world who got lost in the transition from school closures to
at-home learning. Educational leaders must be vigilant to safeguard learning in ways that
best promote equal and equitable outcomes for all students.

References
Allen, T. G., English, F. W., & Papa, R. (2014). A Philosophical Deconstruction of Leadership and Social
Justice Associated with the High-Stakes Testing and Accountability System. In A. H. Normore & J. S.
Brooks (Eds.), Educational Leadership for Ethics and Social Justice: Views from the social sciences (pp. 135-158).
Charlotte, NC: IAP.

Ayala, E.-M. (2018). Texas Broke Special Education Laws and Denied Services, Federal Investigation
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cation-laws-and-denied-services-federal-investigation-finds/).

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Politics, performance, policy, and research evidence. Boulder, CO: National Education Policy Center
(retrieved 4/19/2020 from http://nepc.colorado.edu /publication/virtual-schools-annual-2015).

Navigate Life Texas. (2020). Admission, Review, and Dismissal (ARD) Process (retrieved from
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Break. Texas Public Radio (retrieved from https://www.tpr.org/post/san-antonio-isd-has-lost-contact-25-
its-elementary-students-spring-break).

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learning environment. Journal of Special Education Technology, 31(3), 170-178.

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Starratt, R. J. (1991). Building an ethical school: A theory for practice in educational
leadership. Educational Administration Quarterly, 27(2), 185-202.

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Tribune, April 10, 2020 (retrieved from https://www.texastribune.org/ 2020/ 04/10/texas- schools-closed-
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Author Details

Matthew W. Nelson
Snyder Independent School District
Email: mnelson@snyderisd.net

Elizabeth Murakami
University of North Texas
Emails: elizabeth.murakami@unt.edu
elizabeth.murakami@gmail.com

https://www.navigatelifetexas.org/en/education-schools/ard-process

Copyright of International Studies in Educational Administration (Commonwealth Council
for Educational Administration & Management (CCEAM)) is the property of Commonwealth
Council for Educational Administration & Management (CCEAM) and its content may not be
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express written permission. However, users may print, download, or email articles for
individual use.

COVID-19’S IMPACT ON STUDENTS WITH
DISABILITIES IN UNDER-RESOURCED SCHOOL

DISTRICTS

Crystal Grant*

Introduction

127

I. Students with Disabilities During COVID-19 130
II. The Impact of COVID-19 on Students of Color. 133
III. Applicable Laws During the Pandemic 136

A. Special Education Services During March-June 2020….. 137
B. Special Education Services at the Start of the 2020-2021

School Year 138
Concluginn 139

INTRODUCTION

The COVID-191 pandemic has had an undeniably devastating impact on
the world. In the United States, the pandemic touched all facets of society
as non-essential businesses closed, millions of people became ill, and
thousands died. In the spring of 2020, pursuant to state-mandated
stay-at-home orders, most U.S. schools physically closed their buildings.
Some school districts presented students with the opportunity to complete
the remainder of the school year at home through online remote instruction
– others ended the school year early. While moving to online instruction
was appreciated as a common-sense approach to a difficult and
unprecedented situation, it was not a solution for many students with

‘ J.D., MSW. Crystal Grant directs and teaches at the Duke Children’s Law Clinic, a
medical-legal partnership that provides legal services to children and their families.

1 . ” COVID – 19 ” is an abbreviation for the coronavirus disease 2019 . See Coronavirus
Disease 2019 (COVID- 19). Frequently Asked Questions, CTRS . FOR DISEASE CONTROL &
PREVENTION,
https://www.cdc.gov/coronavims/2019-ncov/faq.html#Coronavirus-Disease-2019-Basics
[https://perma.cc/I)27U-JHPS] (last visited Oct, 21, 2020). The virus that causes COVID-19
spreads from person to person.

127

128 FORDHAM URB. L. J. [Vol . XLVIII

disabilities. Students with disabilities in majority low-income school
districts and communities of color faced additional challenges due to their
disabilities and social factors impacting their communities.2 Many students
lacked computers with updated technology like webcams, speakers, and
reliable internet, a quiet place to work, or parents available to help them with
assignments.3

The school districts that did not have the resources to transition quickly to
online instruction were forced to end the school year prematurely.4 Districts
that continued to operate questioned whether they were legally compelled by
the state education agencies to provide special education services remotely,
and even when there was a clear duty to do so, financially strapped schools
were simply not up to the task.5 The challenges revealed during the
pandemic serve as a reminder of the disparities in special education services
between wealthier, better-resourced school districts and schools that are
under-resourced.6 Federal and state governments need to develop a more
equitable infrastructure that will adequately support all students, especially
in times of crisis.

This Essay explores the plight of students with disabilities during the
COVID-19 pandemic, particularly those enrolled in under-resourced school
districts.7 To address these ongoing disparities, remediate student
regression, and prevent further educational loss, we must act quickly to get
resources to the students who need it most and to guide districts towards
using these resources effectively.8 This Essay questions whether federal and

2. See LINDA DARLING-HAMMOND ET AL., LEARNING POL ‘ Y INST ., RESTARTING AND
REINVENTING SCHOOL’ LEARNING IN THE TIME OF COVID AND BEYOND 98 (2020),
hups://restart-reinvent.leamingpolicyinstitute.org/sites/default/files/product-files/Restart_Re
invent_Schools_COVID_REPORT [https://perma.cc/1344F-V9KH].

3. See Benjamin Herold, The Disparities in Remote Learning Under Coronavirus (in
Charts), EDuc . WK . ( Apr . 10 , 2020 ),
https://www.edweek.org/ew/articles/2020/04/10/the-disparities-in-remote-learning-under-co
ronavirus.html [https://perma.cc/I)4RH-Q7C91.

4. See id.
5. See Enca L. Green, DeVos Decides Against Special Education Waivers During the

Pandemic. N . Y . TIMES (Apr , 28 , 2020),
https://www.nytimes.corn/2020/04/28/us/politics/coronavirus-devos-special-education.html
[https://perma.ec/2CF9-3MH8].

6 . See DARLING – HAMMOND ET AL ., slip)·a note 2 .
7. This Essay uses the term “under-resourced” to describe school districts that serve

students from predominantly low-income communities. These districts often lack the
necessary materials and facilities to provide students with an optimal education, and typically
serve students with heightened academic and social difficulties . See generally Edith S . Tatel ,
Teaching in Under-Resourced Schools: The Teach for America Example, 38 THEORY INTO
PRAC. 37 (1999).

8. These under-resourced school districts are the result of decades of housing
segregation , school segregation , and unequal school funding. See Nonwhite School Districts
Get $23 Billion Less Than White Districts Despite Serving the Same Number of Students,

2020) COVID- 19 ‘S IMPACT ON STUDENTS WITH DISABILITIES 129

state governments are truly committed to creatively examining the current
special education framework and adopting solutions that will prioritize
expanding access to resources for students with disabilities. These solutions
include an immediate advancement of funds to aid states and
under-resourced school districts in implementing the Individuals with
Disabilities Education Act (IDEA), adopting effective guidelines to address
educational loss, and closing the digital divide by providing greater access
to technology for all students and their parents.

Students with disabilities who need specialized instruction and
accommodations in school receive services under the IDEA,9 which funds
states to provide educational programs to children with disabilities.10 On
average, it costs school districts more money to educate students with
disabilities than those without disabilities.11 However, Congress has never
fully funded states with 40% of the special education costs that the IDEA
promised. 12 This discrepancy between the monies promised and the amount
actually provided has created inconsistencies in the way school districts
implement the IDEA. 13 A student’s access to appropriate special education
services may vary depending on the resources available in their school
district. 14 Local communities have been pleading for help with special
education funding long before COVID-19 made landfall in the United
States.15

The special education funding challenges that schools face are very
similar to their overall funding struggles, particularly in under-resourced,
low-income, and low-performing school districts. 16 Less resourced school

EDBUILD, https://edbuild.org/content/23-billion [https://perma.cc/X8GH-Q5TV] (last visited
Oct. 26,2020).

9. The IDEA is a federal law that applies to all schools receiving federal funding. It
governs the special education services and supports provided to children with disabilities.
These individualized services and supports enable students to access a free and appropriate
public education, commonly referred to as a ‘TAPE,” and make meaningful progress toward
their educational goals. See 20 U.S.C. § 1412.

10. See id § 1400(d)(1)(C)
11. See MICHAEL GRIFFITH, EDUC. COMM’N OF THE STATES, A LOOK AT FUNDING FOR

STUDENTS WITH DISABILITIES 3 (2015),
https://www.ecs.org/clearinghouse/01/17/72/11772 [https://perma.ce/N9TM-8T4K].

12. See id.
13. See id.
14 . See Crystal Grant , Special Education by Zip Code: Creating Equitable Child Find

Policies, 52 Lon U. CHI. L.J. 127 (2020)
15. See Lizzy Francis, The State of IDEA Special Education Funding Shows That

Lawmakers Don’t Prioritize Kids, FATHERLY COct. 7,2019,5:56 PM),
https://www.fatherly.com/love-money/idea-special-education-funding/
[https://perma.cc/7CCV-F6231.

16. See MATTHEW M. CHINGOS & KRISTIN BLAGG, URB. INST., DO POOR KIDS GET THEIR
FAIR SHARE OF SCHOOL FUNDING? 2 (2017),

130 FORDHAM URB. L. J. [Vol . XLVIII

districts often receive the same funding as wealthier districts without
accounting for the reality that their students have more needs.17 The
COVID-19 pandemic compounded these financial difficulties in
under-resourced school districts that primarily serve students of color. As a
result, special education services have become even more out of reach for
students of color with disabilities. 18 ‘ l’he outlook for these students is bleak
unless we take immediate action to counter the disruption the pandemic has
caused and the pre-existing conditions in under-resourced school districts.
Policy proposals should focus not only on increasing funding but also on
providing districts with guidelines to use those resources on solutions –
assessment and remediation of lost skills.

I. STUDENTS WITH DISABILITIES DURING COVID-19

Students with disabilities in under-resourced school districts are
particularly vulnerable to educational loss during the COVID-19 pandemic.
In general, people with disabilities who live in urban areas are prone to worse
outcomes during a pandemic because urban health policy and practices have
not adequately addressed their needs. 19 Schools in under-resourced urban
areas are not insulated from these negative outcomes. School districts in
affluent communities are twice as likely as their peers in low-income
communities to set an expectation for teachers to deliver real-time or
synchronous instruction to groups of students.20 Despite the challenges
brought on by COVID-19, schools remain responsible for ensuring that
students with disabilities have access to the same information and
programming as their non-disabled peers.21 For children with disabilities,

https://www.urban.org/sites/default/files/publication/90586/school_funding_brief
[https://perma.cc/5VBH-6A5X].

11. See id. at 7.
18. See Health Equity Considerations and Racial and Ethnic Minority Groups, CTRS. FOR

DISEASE CONTROL & PREVENTION (July 24, 2020),
https://www.cdc.gov/coronavirus/2019-ncov/community/health-equity/race-ethnicity.html
[https ://perma . ce/R373 – EUCY]; see also Chioma M . Oruh , Students with Disabilities in the
Age of COVID- 19: How We’re Faring 30 Years Ajker the Americans with Disabilities Act
(July 31, 2020),
https://www.ebony.com/news/opinion/students-with-disabilities-in-the-age-of-covid-19-how
-were-faring-30-years-after-the-americans-with-disabilities-act/
[https://perma.ce/CWC3-CKUV].

19 . See Victor Santiago Pineda & Jason Corburn , Disability, Urban Health Equity, and
the Coronavirus Pandemic: Promoting Cities for All,97 1. URB.HEAUTH 336,336 (2020)

20. See BETHENY GROSS & ALICE OPALKA, CTR. FOR REINVENTING PUB. EDUC., TOO
MANY SCHOOLS LEAVE LEARNING TO CHANCE DURING THE PANDEMIC 2 (2020),
https://www.crpe.org/sites/default/files/final_national_sample_brief_2020,pdf
[https://perma.cc/26BS-P4B5].

21. See lanice V. Arellano, How Will COVID-19 Afect Equity in Education?. AM. BAR
ASS’N (Mar. 23, 2020),

20201 COVID- 19 ‘SIMPACTONSTUDENTS WITHDISABILITIES 131

closing school buildings often results in the suspension or reduction of the
services they receive from various providers – physical therapists,
occupational services, and speech and language providers. These related
services enable students to achieve their academic, functional, and social
goals. Because their access to these services has been reduced or eliminated,
students with disabilities are among the groups of students who are most
likely to regress during the COVID-19 pandemic.22

Working with students with disabilities online can be challenging.
Pre-COVID, online teachers who worked with students with disabilities had
a high turnover rate in different types of programs.23 One reason for this
turnover is that few teachers – both licensed special education and general
education teachers, have received adequate training in online learning.24
Little research has been dedicated to educating students with disabilities
online and developing corresponding pedagogy.25 School psychologists
have found themselves in a legal and ethical bind where there are no
educational regulations and guidelines for remote testing, and existing
guidance is conflicting. The U.S. Department of Education (ED) has
permitted remote testing if in-person testing is not required, but state
psychology organizations have encouraged practitioners in school settings to
delay testing under these conditions.26 Given the circumstances that have
led to remote learning and therapy, it is unlikely that teachers and school
providers have received sufficient training and support to deliver effective
special education and related services to all the students who need it. Some

https://www.americanbar.org/groups/litigation/committees/diversity-inclusion/articles/2020/
covid-19-coronavirus-equality-education/ [https://perma.cc/I]3YV-GRZD]

22. See Nathan Jones et al., Academic Supports for Students with Disabilities,
EDRESEARCH FOR RECOVERY 2 (June 2020),
https://annenberg.brown.edu/sites/default/files/EdResearch_for_Recovery_Brief_2
[hups://perma.cc/VZS7-NGZB].

23. See MARY F. RICE ET AL., CTR. ON ONLINE LEARNING & STUDENTS WITH DISABILITIES,
TEACHER PREPARATION AND PROMISING PRACTICES IN ONLINE LEARNING 6 (2015),
https://kuscholarworks.ku.edu/bitstream/handle/1808/22593/Superintendent_Topic_7_Sum
mary_November2015,pdf?isAllowed=y&sequence-1 [https:/*erma.ec/8SH7-AMLF].

24 . See Richard Allen Carter Jr . & Mary F , Rice , Administrator Work in Leveraging
Technologies for Students with Disabilities in Online Coursework,31 J.SPECIALEDUC.TECH.
137 , 140 , 145 (2016); see also TONI M . CROUSE ET AL., CTR . ON ONLINE LEARNING &
STUDENTS WITH DISABILITIES, “HOW DID I SURVIVE?” ONLINE TEACHERS’ DESCRIBE
LEARNING TO TEACH STUDENTS WITH DISABILITIES 3-4 (2016),
http://www.centerononlinelearning.res.ku.edu/wp-content/uploads/2017/04/HowDidISurviv
e-Nov2016 [hups:/*erma.cc/VBP4-VFAR],

25. See Leanna Archambault & Kathryn Kennedy, Teacher Preparationfor K-12 Online
and Blended Learning, in HANDBOOK OF RESEARCH ON K- 12 ONLINE AND BLENDED
LEARNING 221, 221-44 (Kathryn Kennedy & Richard E. Ferdig eds., 2d ed. 2014).

26. See Ryan L. Farmer et al., Teleassessment with Children and Adolescents During the
Coronavirus (COVID-19) Pandemic and Beyond: Practice and Policy Implications, PRO.
PsYCH. 7 (2020)

132 FORDHAM URB. L. J. [ Vol . XLVIII

remote services – behavioral interventions and occupational and physical
therapy – are difficult, if not impossible, to provide remotely. They often
require equipment, and most parents do not have the specialized training to
use them.27

Schools can intervene to reduce learning gaps by continuing the IDEA’s
mandate to create individualized education programs (IEPs) based on a
student’s unique needs and circumstances. Researchers recommend
strategies such as providing small group or one-to-one interventions three to
five times per week.28 Another important strategy to reduce learning gaps
during school closures is to collect data regularly.29 This ensures that
interventions are data driven and aids the IEP team in making instructional
decisions.30 When school district evaluators are unavailable, districts should
contract with independent providers or use emergency funding to access
community-based services for their students. In some cases, a child’s
disability may interfere with their ability to access remote instruction,
interventions, or related services. Students with visual impairments, mental
health needs, or those who rely on expensive equipment in the school
building face additional barriers.31 For these students, their accommodations
require in-person services delivered by an essential provider following the
Centers for Disease Control and Prevention’s (CDC) guidelines. For
students with autism, intellectual disabilities, or other processing disorders,
strategies aimed at creating a structured routine and engaging in sensory
activities at home can help.32 During the pandemic, therapists have quickly
tbund ways to use technology to provide Applied Behavior Analysis (ABA)

27 . See Mallory Warner- Richter & Chrishana M . Lloyd , Considerations for Building
Post-COVID Early Care and Education Systems That Serve Children with Disabilities,CHILD
TRENDS 3 (Aug. 2020),
https://www.childtrends.org/wp-content/uploads/2020/08/ECEDisabilitiesCovid19_ChildTr
ends_August2020 [https://perma.ec/SZA4-SCJ21.

28 . See CROUSE ET AL ., mpra note 24 , at 13 .
29. See id at 20.
30. See id at 16-17,
31 . See Collin Binkley , Remote Learning Poses Hurdles for Students with Disabilities,

ABC NEWS (Mar. 31, 2020, 7:48 PM),
https://abcnews.go.com/Health/wireStory/parents-feel-virus-shutdowns-leave-disabled-stude
nts- 69890939 [ https ://perma . cc/JNY7 -NNZL ]; see also Alex Zimmerman et al ., How Remote
Learning Upended Instruction for NYC Students with Disabilities and Their Families, CITY
(June 17, 2020, 11:05 PM),
https://www.thecity.nyc/education/2020/6/17/21295189/nyc-special-education-students-rem
ote-learning-struggles [https://perma.cc/EQ9Q-D3RC].

32. See Gabrille Galto , How to Entertain a Child with Autism and Provide Ideal Learning
Environment During School Closure, ATTENTIVE BEHAV . CARE ( Mar . 19 , 2020),
https://www.attentivebehavior,com/how-to-entertain-child-with-autism/
[hups://perma.cc/BP4V-U7NZ],

2020A COVID- 19 ‘S IMPACT ON STUDENTS WITH DISABILITIES 133

therapy using a telehealth model.33 However, even with telehealth
innovations, some students require in-person instruction and support to
benefit from these services. Unfortunately, families are finding that some
school districts refuse to provide any in-person instruction during the
pandemic, even when the data indicates that a student needs it to access the
curriculum and avoid educational loss.34 Millions of students with
disabilities have lost access to the special education and related services that
they rely on daily.35 Parents – who support their children with IEPs’
learning – often take on roles, frequently without training, that teacher
assistants, aides, and paraprofessionals previously delivered.36 Without
in-home support, whether from parents who have received training or
providers offering services outside the school building, these students will
continue to be left behind.

II. THE IMPACT OF COVID-19 ON STUDENTS OF COLOR

Black and Latinx students stand to experience devastating educational
loss as the achievement gap may become an insurmountable gulf.37 Black
Americans are contracting COVID-19 at higher rates and are more likely to
die from the virus.38 The anticipated stressors to these families include loss
of income, ongoing physical health concerns, and increased mental health
challenges. In the United States, the segregated school system is leaving
students of color behind their white counterparts.39 White students are less

33. See Kimberly A. Zoder-Martell et al.,Technology to Facilitate Telehealth in Applied
Behavior Analysis, 13 BEHAV . ANALYSIS PRAC . 596 , 597-99 (2020 ).

34. The Author bases this on observations made in the Duke Children’s Law Clinic during
the COVID-19 pandemic.

35. Letter from Mike Doyle & Christopher Smith, to Nancy Pelosi, Mitch McConnell,
Kevin McCarthy & Charles Schumer (Mar. 21, 2020),
https://chrissmith.house.gov/uploadedfiles/2020-03-21_doyle_smith_letter_on_autism_servi
ces_in_covid 19_package [https://perma.cc/T9KP-D67J].

36. See Warner-Richter & Lloyd, supra note 27, at 3.
37. An achievement gap exists when one group of students outperforms another and the

difference in average scores is statistically significant. See general ly KITMITTO G .
BOHRNSTEDT ET AL- NAT’L CTR. FOR EDUC. STAT., SCHOOL COMPOSITION AND THE
BLACK-WHITE ACHIEVEMENT GAP (2015),
https://nces.ed.gov/nationsreportcard/subject/studies/pdf/school_composition_and_the_bw_
achievement_gap_2015 [https://perma.cc/2VGH-WTXF]

38. See Reis Thebault et a\., The Coronavirus ls Infecting and Killing Black Americans at
an Alarmingly High Rate, WASH. POST ( Apr. 7 , 2020 ),
https://www.washingtonpost.com/nation/2020/04/07/coronavirus-is-infecting-killing-black-
americans-an-alarmingly-high-rate-post-analysis-shows/ [https://perma.cc/EZ37-WBWP].

39. See Osamudia James, An Old Story Made New Again: Why Students of Color Are
Primed to Be Left Behind in the Coronavirus Crisis, WASH . POST ( Apr . 24 , 2020 , 3 : 10 PM ),
https://www.washingtonpost.com/education/2020/04/24/an-old-story-made-new-again-why-
students-color-are-primed-be-left-behind-covid-19-crisis/ [https://perma.cc/UBY6-NNBE]

134 FORDHAM URB. L. J. [Vol . XLVIII

likely to be concentrated in under-resourced school districts.40 Wealthier,
white school districts can afford the services students will need to addiess
deficits due to educational loss during the pandemic.41 These opportunities
include individual and small group tutoring, as well as enrichment and
summer programming.42

By contrast, low-income Black and Latinx students are more likely to
experience educational loss because they are less likely to have access to the
conditions that are conducive to successful remote learning.43 In cities like
Dallas, Houston, Memphis, Phoenix, and San Antonio, 57%-63% of
students do not have access to a computer at home. 44 6, Low-income students
struggle [the] most when schools are not in session.”45 In many low-income
neighborhoods, where summer programming is a luxury and not the norm,
families are unable to access high-quality child care or enrichment programs
that prevent educational loss or introduce new skills.46 As a result,
achievement gaps between low-income and middle-class students widen
during the summer months.47 We are likely to see similar patterns during
the pandemic.48 Low-income, working-class families will have a difficult

40. Concentration of Public School Students Eligible for Free or Reduced Price Lunch,
NAT’L CTR. FOR EDUC. STAT. (May 2020),
ht*s://nces.ed.gov*rograms/coe/indicator_clb.asp#rl [https://perma.cc/Z3J3-PEKS].

41. See Dania Francis & Christian E. Weller, The Black- White Wealth Gap Will Wic/en
Educational Disparities During the Coronavirus Pandemic, CTR. roR AM. PROGRESS (Aug
12, 2020, 9:01 AM),
https://www.americanprogress.org/issues/race/news/2020/08/12/489260/black-white-wealth
-gap-will-widen-educational-disparities-coronavirus-pandemic/
[https://perma.cc/5H2V-HCT5].

42,See James, supra note 39.
43. See Emma Dom et al., COVID-19 and Student Learning in the United States: The

Hurt Could Last a Lifetime, MCI< INSEY & CO. 4-5 ( June 2020), https://www.inckinsey.com/industries/public-and-social-sector/our-insights/covid-19-and-st udent-learning-in-the-united-states-the-hurt-could-last-a-lifetime [https://perma.cc/J9BT-4UEF].

44. See KRISTIN BLAGG ET AL., URB. INST., MAPPING STUDENTNEEDS DURING COVID-19,
at

12
(2020),

haps://www.urban.org/sites/default/files/publication/102131/mapping-student-needs-during-
covid-19-final_2 [https://perma.cc/BWX8-TWTA].

45, RUTH FADEN ET AL.,JOHNS HOPKINS UNIV., THE ETHICS OF K-12 SCHOOL REOPENING:
IDENTIFYING AND ADDRESSING THE VALUES AT STAKE 7 (2020),
https://bioethics.jhu.edu/wp-content/uploads/2020/06/White-Paper-Equity-FINAL
[https://perma.cc/2F68-GBVV]

46. See JENNIFER MCCOMBS ET AL.,RAND CORP.,THE VALUE OF OUT-OF-SCHOOL TIME
PROGRAMS 12 (2017), https://www.rand,org/pubs/perspectives/PE267.html
[https://perma.cc/CJGJ-W2CT]

47. See id.
48 . See , e . g , Megan Kuhfeld & Beth Tarasawa , The COVID- 19 Slide : What Summer

Learning Loss Can Tell Us About the Potential Impact of School Closures on Student
Academic Achievement, NWEA 2 ( Apr . 2020),

2020) COVID-19 ‘S IMPACT ON STUDENTS WITH DISABILITIES 135

time accessing the developing array of neighborhood learning pods, private
tutors (in-person and online), and private online programming.49 One study
found that the strongest indicator of student engagement during the pandemic
was the education level of parents and other adults in a school’s
neighborhoods.50 Students from families and neighborhoods with lower or
limited education levels may have the hardest time staying engaged with
their learning and may experience educational loss.

Even when students do not have a disability, social factors make remote
instruction challenging for many Black and Latinx students, furthering the
achievement gap or cementing their placement in it. Those factors include a
lack of adequate food and shelter, access to high-quality internet, a quiet
place to work, books, and academic support from parents.51 Longstanding
structural racism has contributed to these inequities in almost every area of
life, including housing, healthcare, financial opportunities, and education.52
Many low-income students of color lack access to computers that are
equipped with the technology necessary for remote learning (i.e., webcam,
speaker system, newer operating system).53 However, even when students
have access to the requisite technology, the lack of access to high-speed
internet service or knowledge of how to use technology to support learning

https://www.nwea.org/content/uploads/2020/05/Collaborative-Brief_Covid19-Slide-APR20.
pdf [ https ://perma . ce/ 8MTN -VKNE ]; Richard Rothstein , The Coronavirus Will Explode
Achievement Gaps in Education, ECON . POL ‘ Y INST .: WORKING ECON . BLOG . ( Apr. 14 , 2020,
1:16 PM),

The coronavirus will explode achievement gaps in education

[https://perma.ce/54NS-49U2]

49. See, e.g.,Terry Nguyen, The Pandemic Is Fueling the Private Tutoring Industry,Vox
(Oct. 9, 2020, 9:52 AM),
https://www.vox.com/the-goods/2020/8/6/21354637/pandemic-learning-pods-private-tutorin
g [https ://perma. ce/AJ9Q-SE3Z]; see also Michelle Fox, Desperate Parents Are Turning to
‘Learning Pods ‘ This Fall. Here ‘s What It Can Cost, CNBC (Aug. 14, 2020, 11 : 04 AM),
https://www.cnbc.com/2020/08/10/parents-tum-to-learning-pods-this-fall-amid-covid-what-
it-can-cost.html [https:/*erma.ec/F7V6-T72V].

50. See DOUGLAS N. HARRIS ET AL., NAT’L CTR. FOR RSCH. ON EDUC. ACCESS & CHOICE,
How AMERICA’S SCHOOLS RESPONDED TO THE COVID CRISIS 27 (2020),
https://educationresearchalliancenola,org/files/publications/20200713-Technical-Report-Har
ris-et-al-How-Americas-Schools-Responded-to-the-COVID-Crisis
[https://perma.cc/G4VY-VXZN]

51. See GEOFF MASTERS ET AL., AUSTRAL. COUNCIL FOR EDUC. RSCH., MINISTERIAL
BRIEFING PAPER ON EVIDENCE OF THE LIKELY IMPACT ON EDUCATIONAL OUTCOMES OF
VULNERABLE CHILDREN LEARNING AT HOME DURING COVID-19, at 1 (2020),
https://research.acer,edu.au/cgi/viewcontent.cgi?article=1025&context=learning-processes
[https://perma.ce/3VDW-YYEJ].

52. See, e.g.,Brenda Alvarez, COVID- 19 and the Impact on Communities ofColor,NAT’L
EDUC. ASS’N (Apr. 24, 2020),
http://neatoday.org/2020/04/24/covid-19-and-communities-of-color/
[https://penna.cc/HT83-H96H].

53. See id.

136 FORE)HAM URB . L. J. [Vol . XLVIII

adds another obstacle.54 In urban areas, low-income families are more likely
to live in smaller homes with more people, making it difficult to do
schoolwork in a distraction-free setting that is conducive to learning.55 In
other families, low-income essential workers are unable to provide
supervision or procure affordable child care while their children work
remotely.56 The impact of educational loss on students of color will have an
economic impact on the country for years to come. Learning loss leads to
school dropout and eventually a reduction in future earnings as these students
enter the workforce with fewer skills and less productivity.57

III. APPLICABLE LAWS DURING THE PANDEMIC
During the COVID-19 pandemic, public schools must continue to provide

special education and accommodations under a student’s IEP or Section 504
plan to the greatest extent possible.58 The IDEA remains in effect despite
efforts by some school leaders to waive its requirements.59 Both the Council
of Administrators of Special Education and the National Association of State
Directors of Special Education (NASDE) have sought waivers from ED that
would exempt school districts from complying with IDEA timelines for IEP
reviews, evaluations for special education services, and responses to legal
complaints.60 Under the Coronavirus Aid, Relief, and Economic Security
(CARES) Act, ED may waive certain requirements for state and local
educational agencies during the pandemic.61 To reduce waiver requests,
ED’s guidance has encouraged parents and their school districts to work
collaboratively towards the best interest of children with disabilities,

54. See, e.g., Coronavirus Impact on Students and Education Systems, NAACP,
https://naacp.org/coronavirus/coronavirus-impact-on-students-and-education-systems/
[hups://perma.cc/HXS3-U4WH] (last visited Oct. 25,2020).

55 . See Dom et al ., supra note 43 , at 7 .
56 . See Corona’virus Impact on Students and Education Systems, supra note 54 .
57 . See Dom et al ., supra note 43 , at 7 .
58, See U.S DEP’T OF EDUC., QUESTIONS AND ANSWERS ON PROVIDING SERVICES TO

CHILDREN WITH DISABILITIES DURING THE CORONAVIRUS DISEASE 2019 OUTBREAK 2 (2020)
[hereinafter QUESTIONS AND ANSWERS],
haps://www2.ed.gov/policy/speced/guid/idea/memosdcltrs/qa-covid-19-03-12-2020
[https://perma.ce/9STX-WZB4]

59. See School Leader Voices: Concerns and Challenges to Providing Meaningful
IDEA-Related Services During COVID-19, NAT’L SCH. BDS. ASS’N ET AL. 16 (2020),
hups.//aasa.org/uploadedFiles/AASA_Blog(1)/Advocacy%20IDEA%20White%20Paper%2
OFINAL [https://perma.cc/E6EX-6865]

60. See Corey Mitchell, Special Ed, Administrators Press Congress for IDEA Waivers
During Pandemic, EDUC . WEEK ( Apr. 16 , 2020, 1 : 40 PM ),
http://blogs.edweek.org/edweek/speced/2020/04/special_education_groups_want_idea_waiv
ers.html [https://perma.cc/KDC7-5GTW].

61. See Pub. L. No. 116-136, § 3511, 134 Stat. 281,400 (2020). The CARES Act is a
federal economic relief package enacted in response to the COVID-19 pandemic.

20201 COVID- 19 ‘SIMPACTONSTUDENTS WITH DISABILITIES 137

acknowledging that services may look different during the pandemic as
many schools continue to use some level of remote or virtual instruction.62
The school and IEP team make these decisions on a case-by-case basis. If
schools provide virtual or remote educational opportunities to the general
student population, students with disabilities are entitled to equal access to
those same opportunities.63 For students who are not a good fit for distance
learning or virtual therapy, the school district should track the hours of
special education and related services not provided to the child and base
compensatory services on those hours.64 Parents can request that the district
consider teletherapy options to continue related services, such as speech and
language therapy.65

A. Special Education Services During March-June 2020

At the onset of the COVID-19 pandemic, many state governors attempted
to mitigate the spread of the virus by issuing stay-at-home orders to close all
schools and non-essential businesses.66 During this period, some schools
ceased instruction completely while others switched to remote learning.
About 85% ofall school districts made sure that their students received some
form of instruction, whether in packets, posted assignments, or online
learning software.67 The change was done quickly in an effort to continue
providing some level of education to students, even if the quality of the
instruction was substandard. In a survey the ParentsTogether Foundation
conducted during the COVID-19 pandemic, only 20% of parents whose
children had an IEP said they were receiving services, and 39% were not

62, See U, S. DEP’T OF EDUC., IDEA PART B DISPUTE RESOLUTION PROCEDURES 1 (2020),
hups://www2.ed.gov/policy/speced/guid/idea/memosdcltrs/qa-dispute-resolution-procedures
-part-b [https:/*erma.cc/8ZEG-Q2SS].

63 . See QUESTIONS AND ANSWERS, supra note 58 , at 2 .
64. See id. Compensatory education is an equitable remedy to remediate the loss of a

FAPE for a period of time. It aims to provide “services ‘prospectively to compensate for a
past deficient program.”‘ Draper v. Atlanta Indep. Sch. Sys.,518 F.3d 1275,1280 (llth Cir.
2008) (citing G ex. rel. RG v. Fort Bragg Dependent Sch., 343 F.3d 295,308 (4th Cir. 2003)).
An award of compensatory education “should place children in the position they would have
been in but for the violation of the Act.” Id at 1289 (citing Reid v. D.C., 401 F.3d 516, 518
(D.C. Cir. 2005)).

65. See U.S. DEP’T OF EDUC., SUPPLEMENTAL FACT SHEET: ADDRESSING THE RISK OF
COVID-19 IN PRESCHOOL, ELEMENTARY AND SECONDARY SCHOOLS WHILE SERVING
CHILDREN WITH DISABILITIES 2 (2020) [hereinafter SUPPLEMENTAL FACT SHEET],
https://www2.ed.gov/about/offices/list/ocr/frontpage/faq/ir/policyguidance/Supple%20Fact
%20Sheet%203.21.20%2OFINAL [https://perma.cc/245Y-J4H6].

66 . See Mark E . Czeisler et al ., Public Attitudes, Behaviors, and BelieB Related to
COVID-19, Stay-at-Home Orders, Non-essential Business Closures, and Public Health
Guidance – United States, New York City, and Los Angeles, May 5- 12, 2020, 69 MORBIDITY
& MORTALITY WKLY, REP, 751,751 (2020)

67 . See GROSS & OPALKA, supra note 20 , at 2 .

138 FORDHAM URB. L.J. [Vol . XLVIII

receiving any support at all.68 Children with IEPs were twice as likely as
their peers without IEPs to be doing little or no remote learning and twice as
likely to say that distance learning was going poorly.69 Even with the
IDEA’s promise of individualized programming for students with
disabilities, parents continued to experience difficulties obtaining a free and
appropriate public education for their children through the end of the 2019-
2020 academic year.

B. Special Education Services at the Start of the 2020-2021 School
Year

When the new school year commenced in August, school districts varied
in their reopening approaches. Using the CDC guidelines and local
COVID-19 data, districts opened either in-person, online, or used a hybrid
approach – with students alternating between remote instruction and
physical time in school.7o ED advised parents of students with disabilities to
reach out to their school if their child’s IEP could not be implemented fully
by the district.71 However, there have been reports that districts, instead,
have inappropriately asked parents to waive their rights to special education
services.72 More than four in ten school districts do not require teachers to
monitor students’ academic progress.73 Also concerning is that only 42% of
districts expect teachers to collect and grade student work during the 2020-
2021 school year.74 When school districts reopened, students should have
received diagnostic assessments to identify learning loss,75 yet reporting
suggests that in large part, many did not.

68. See ParentsTogether Survey Reveals Remote Learning Is Failing Our Most
Vulnerable Students, PARENTSTOGETHER ACTION ,
https://parents-together. org/parentstogether-survey-reveals-remote-learning-is-failing-our-m
ost-vulnerable-students/ [ht*s:/*erma.cc/W4C3-23RP] (last visited Oct. 25,2020).

69. See id.
70 . See Jenna Buckle , What Will Return to School Look Like This Fall? A Look Inside

Hybrid Learning Plans, PANORAMA EDUC. ( July 17 , 2020),
https://www.panoramaed.com/blog/hybrid-learning-return-to-school
[haps:/*erma.ce/W34V-DLCX].

71. See SUPPLEMENTAL FACT SHEET, supra note 65, at 2.
72 , See Jodi S . Cohen & Jennifer Smith Richards , Families of Special Needs Students

Fear They ‘ll Lose School Services in Coronavirus Shutdown, PROPUBLICA ILL . ( ~

73 . See SUPPLEMENTAL FACT SHEET, supra note 65 , at 3 .
14. Id
75. See Lynelle Morgenthaler, Start Smart : Reopening School After COVID Learning

Loss, EDMENTUM 5 ( 2020 ),
https://www.edmentum.com/sites/edmentum.com/files/resource/media/Start%20Smart%20-

2020) COVID- 19 ‘S IMPACT ON STUDENTS WITH DISABILITIES 139

Based on observations and lessons learned from spring 2020, local school
districts and state governments have been making efforts to bridge the digital
divide. School districts with the highest concentration of low-income
households were 38.4% likely to distribute hotspots, as opposed to 20.5% in
districts with more affluent populations.76 ED should ensure that these
efforts are not gratuitous but required in every school district and
implemented with fidelity. In 2020, no child in the United States should lack
access to a computer and reliable internet.

CONCLUSION

There are mixed emotions about returning to in-person instruction in the
immediate future. Family members and students with compromising health
conditions may not receive medical clearance to return to a traditional school
setting while the pandemic continues. Some educators are not comfortable
with returning to school unless there is a vaccine.77 Others predict that there
may be a second wave ofCOVID-19 coinciding with the annual flu season,78
which will threaten the stability of the U.S. healthcare system.79 When
schools fully reopen in person, educators will find that some students with
disabilities have regressed. Other students may have new challenges due to
anxiety and social factors that have impacted them during the quarantine.
ED should provide additional services to account for this educational loss
and additional mental health needs. ED must set aside funds and guidance
for this specific purpose. NASDE refers to educational services offered to
all students as the result of missed or disrupted services during the

%20Reopening%20Scho01%20After%20COVID%20Learning%20Loss%20Whitepaper%2
OFINAL [https://perma,cc/NG54-YASD]

76 . Robin Lake & Alvin Makori , The Digital Divide Among Students During COVID- 19:
Who Has Access ? Who Doesn ‘t?, CTR. FOR REINVENTING PUB . EDUC . ( June 16 , 2020),
https://www.crpe.org/thelens/digital-divide-among-students-during-covid-19-who-has-acces
s-who-doesnt [https://perma.ec/877F-DMAJ].

17 . See Laura Mee\

78. The annual flu season peaks vary in different parts of the country each season. See
Frequently Asked Influenza (Flu Questions): 2020-2021 Season, CTRS. FOR DISEASE
CONTROL & PREVENTION (Oct. 7, 2020),
https://www.cdc.gov/flu/season/faq-flu-season-2020-2021.htm
[https://penna.cc/£29Q-J35K].

79. See Heather Grey, What a Second Wave of Coronavirus in the Fall Could Look Like,
HEALTHLINE (May 20, 2020),
haps://www.healthline.com/health-news/what-a-covid-19-wave-in-the-fall-could-look-like#
Educated-guesses-about-the-future [hups://perma.cc/GZG4-97FZ],

140 FORDHAM URB. L. J. [Vol . XLVIII

COVID-19 school building closures as “recovery services.”80 Another
option is to provide students with disabilities with “compensatory education”
– services to place the student in the position they would have been in if the
school district delivered services in the first place.81

Educators and researchers around the world are wondering whether a
complete overhaul of education as we know it is warranted.82 This is The
moment when the United States can take unprecedented measures to support
the educational needs of vulnerable children as one step in reviving the
economy and recovering from the pandemic. Wealthier, more educated
parents are more likely to notice when their child is struggling and have the
resources to address educational challenges. Experts recommend addressing
inequity by directing resources to the students who need it the most and
continuing to expand internet access.83 Students not only need internet
access but social services as well.

Simply reminding school districts of their legal mandate to provide
equitable and accessible educational opportunities is ineffective without the
resources and financial support to implement the legal requirements safely.
Expert recommendations for safely reopening schools are costly, especially
in districts that struggled financially before the pandemic. These
recommendations include evaluating building systems, ventilation, filtration,
and air cleaning; obtaining air-cleaning device supplements; installing
plexiglass to create physical barriers around desks and shared spaces;
installing touchless technology for hand soap, hand sanitizer, and paper
towels; providing protective equipment and implementing frequent cleaning
by custodial staff; and forming a COVID-19 response team and a plan to
implement policies and conduct contact tracing.84

The state of special education underfunding, coupled with the significant
additions to overall general education needs, leaves little room for extra
spending on students with disabilities and other challenges. Congress and
state educational agencies must act quickly to address the needs outlined in

80. See A Successful Launch ofthe 2020-2021 School Yearjor Students with Disabilities.
NAT’L ASS’N ST. DIRs. SPECIAL EDUC. 2 (2020),
http://www.nasdse.org/docs/NASDSE_20-21_Launch_Document_
[https://perma.cc/UE6H-MJVZ].

81 . See supra note 64 and accompanying text .
82. See Pasi Sahlberg, Will the Pandemic Change Schools?, 5 1.PRO. CAP. & CMTY. 5

(2020).
83 . See Dom et al ., supra note 43 , at 8 , 9 .
84. See EMILY JONES ET AL., HARVARD T,H. CHAN SCH, OF PUB. HEALTH, SCHOOLS FOR

HEALTH: RISK REDUCTION STRATEGIES FOR REOPENING SCHOOLS 31-42 (2020),
https://schools.forhealth.org/wp-content/uploads/sites/19/2020/06/Harvard-Healthy-Buildin
gs-Program-Schools-For-Health-Reopening-Covid19-June2020
[https:/*erma.ce/2DR4-BUT3]1.

2020) COVID- 19 ‘S IMPACT ON STUDENTS WITH DISABILITIES 141

this Essay and to prevent the current achievement gaps from widening and
further distancing vulnerable children from their educational goals. The
National Education Association has asked Congress for a minimum of $175
billion for the Education Stabilization Fund, which would fill state budget
gaps resulting from the COVID-19 pandemic.85 Approving and funneling
this money to most financially strapped districts is a start. In addition to
funding, policy makers should consider encouraging in-home school or
contracted providers services when appropriate.86 These students need help
now, and the guidance can help reduce further educational loss. State
educational agencies need to develop consistent guidelines for districts to
implement for diagnostic testing, in-person services, and addressing
educational loss during the pandemic. The road to recovery for children with
disabilities in under-resourced districts is a long one, but children are worth
the time, money, and effort necessary to rebuild. This country has a moral
and ethical responsibility to ensure that students with the most needs are
adequately supported as schools recover from the pandemic.

85 . See Coronavirus Crisis Threatens Education Funding, NAT ‘ L EDUC . ASS ‘ N ( Apr . 24 ,
2020),
https://educationvotes.nea.org/2020/04/24/coronavirus-crisis-threatens-education-funding/
[https://perma.cc/R6Y9-5NDS].

86 . See Warner-Richter & Lloyd, supra note 27 , at 4 .

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