COVID-19 & Online Learning Risks
From Kirsch-Goodwin & Kirsch, Arizona’s Education Lawyers
First, it is important to distinguish between distance learning an
online learning. Not all distance
learning is online. Online learning is
learning on the computer; it is one aspect of distance learning. Distance learning can be on-line –
synchronous or recorded – and it can be papers and projects, audio, or anything
remote that is not brick-and-mortar.
Risk of on-line instruction revolve around
accessibility, mostly for students with visual impairments, hearing
impairments, students with ADHD who need reminders to focus, those who are in
rural areas with limited or even no computers at home or Wi-Fi. Remember that the IDEA, 504 and ADA, and Endrew
F still apply. Laws and regulations
are not superseded by the pandemic, and schools are obligated to provide a
FAPE.
OSEP provided guidance, informing schools that
upon providing distance learning, they must offer equitable access and services
to students with disabilities (those with IEPs and those with Section 504 Plans). As noted in the March 21, 2020 Guidance: “To
be clear: ensuring compliance with 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 distance instruction.”
On
June 25, 2020, the American Academy of Pediatrics (“AAP”) issued interim guidance on school re-entry stating
that children learn best when they are in school and that “all policy
considerations for the coming school year should start with a goal of having
students physically present in school,” unless local public health mandates otherwise,
or because of an individual student’s unique medical needs. AAP states that learning at home is not as
effective as learning in a school, will lead to learning gaps, socialization
aspect, mental & emotional health, risk of effects of isolation.
On
July 23, 2020, the Centers for Disease Control and Prevention (the “CDC”)
issued a summary of current studies regarding the impact of COVID-19 on
children. In “The Importance of
Reopening America’s Schools this Fall The Importance of Reopening America’s
Schools this Fall,” the CDC explained the importance of considering the full spectrum
of benefits and risks of both in-person and virtual learning options. Acknowledging
parents’ understandable concerns about the safety of their children at school
in the wake of COVID-19, the CDC stated that the best available evidence
indicates if children become infected, they are far less likely to suffer
severe symptoms as death rates among school-aged children are much lower than
among adults. At the same time, the CDC warned, the harms that have been attributed
to closed schools on the social, emotional, and behavioral health, economic
well-being, and academic achievement of children, in both the short- and
long-term, are well-known and
significant. Finally, the lack of
in-person educational options disproportionately harms low-income and minority
children and those living with disabilities as they are far less likely to have
access to private instruction and care and far more likely to rely on key
school-supported resources like food programs, special education services,
counseling, and after-school programs to meet basic developmental needs. Aside from a child’s home, no other setting
has more influence on a child’s health and well-being than their school.
The CDC explains that the in-person school environment is critical to providing:
·
educational
instruction;
·
social and
emotional skills;
·
a safe
environment for learning;
·
nutritional
needs; and
·
physical
activity.
