The latest guidance from Minnesota on Special Education COVID-19 recovery is outlined in Minnesota’s Session Laws in Article 5, Section 1 of Chapter 13. It elaborates on the ways in which the commissioner of education, school districts, and charter schools must collaborate with families of students with disabilities to address the impact of disruptions to in-person instruction on students’ access to a free appropriate public education related to the pandemic. Highlights include that a school district or charter school that serves one or more students with disabilities must invite the parents o ..read more

The official Center for Disease Control Order for wearing masks requires all people to wear masks regardless of vaccination status while entering and using transportation including airplanes, trains, subways, and buses. Exemptions apply for: individuals with certain disabilities, individuals with breathing difficulties, children under two years old, and in situations where masking is unsafe. This Order has been in effect since January 29, 2021.                 The general Center for Disease Control mask guidance recomme ..read more

On May 25, 2021, the Minnesota Department of Education released an update regarding special education, assistance, and compliance for current Covid-19 regulations. Updated Mask Guidance: To maintain a safe environment within schools, the Minnesota Department of Health (MDH) requires that face coverings must still be worn on school transportation, and in any public or private K-12 school building during the instructional day. The Center for Disease Control has announced guidance for schools stating that vaccinated people do not need to wear masks. However, out of an abundance of caution, MDH wi ..read more

Fact Sheet: Biden-Harris Administration Efforts to Support Full Participation and Equality for People with Disabilities President Joe Biden and Madam Vice President Kamala Harris are committed to creating a more inclusive country for individuals with disabilities. In the first 100 days of being in office, the Biden-Harris administration has taken significant steps in enacting policy and providing funding for disabled Americans. A summary of these efforts can be found below. Representation, Equity, and Voting: In an effort to create a more accessible and inclusive America, the Biden-Harris admi ..read more

On March 26, 2021, the Civil Rights Division of the U.S. Department of Justice released a public memorandum regarding the application of Bostock v. Clayton County to Title IX of the Education Amendments of 1972. In accordance with Executive Order 13988, agencies were directed to review other laws that prohibit sex discrimination to determine whether they prohibit discrimination on the basis of gender identity and sexual orientation.  Following this investigation, the Justice Department has concluded that Title IX does prohibit discrimination based on sexual orientation and transgender sta ..read more

The U.S. Department of Education Office for Civil Rights launched an investigation in January 2021 amid reports of possible discrimination against students with disabilities by failing to provide a free, appropriate public education (FAPE) during the COVID-19 pandemic. The Department of Education and then-Secretary of Education Betsy DeVos has consistently required schools to comply with the Individuals with Disabilities Education Act and declined any waiver authority to alter expectation of the Act. In essence – FAPE cannot be compromised in an online education setting. However, that is what ..read more

The Minnesota Department of Education released the following update on February 17, 2021: Special Education / Assessment / Nutrition/ Compliance and Assistance Updates 2020-21 Special Education Family Engagement Survey Each spring the Minnesota Department of Education’s (MDE) Special Education Division invites families of students with Individualized Education Programs (IEPs) to complete a family engagement survey. Through the survey families have an opportunity to share feedback on their student’s IEP and the IEP process, teachers and administrators. MDE shares a summary of family responses w ..read more

The Department of Education issued guidance in March 2020 that school districts are required to provide each student with a disability the education and services identified in their IEP to the greatest extent possible. This includes language services and accommodations to English learners. The U.S. Government Accountability Office conducted a review of distance learning plans from fifteen districts to examine the difficulties of distance learning during COVID-19 relative to specific marginalized groups through the 2019-2020 school year to understand challenges related to distance learning incl ..read more

Parents who wish to file a complaint with the Minnesota Department of Education for students failing to progress during distance learning and a denial of a Free and Appropriate Education (“FAPE”) should be aware of timing restrictions. Minnesota Department of Education operates on a one-year time limitation and schools shut down March 16, 2020. Parents need to act quickly and file complaints this week before the deadline to ensure their children get the full remedy of compensatory services for which they are entitled.  ..read more

Minnesota Department of Education (MDE) and PBIS Minnesota will continue holding a series of webinars focused on distance learning, positive behavior supports, and ongoing support for planning and implementation during the Covid-19 pandemic. The webinars will be both streamed live and recorded for those who cannot attend. These recordings will be available on the MDE Special Education Training webpage. MDE has provided a closed captioned recording that is available for viewing of the webinar:  “Systematic Screening in the COVID-19 Era: Universal Screening for Internalizing and Externalizi ..read more