Free Appropriate Public Education (FAPE)

Is a school required to continue to provide FAPE to students with disabilities during a school closure caused by COVID-19 response efforts?

When a school is closed because of COVID-19 response efforts and does not provide any educational services to the general student population, the school is not required to provide services to students with disabilities during that closure period. Once school resumes, the district/school must provide special education and related services to the child in accordance with the child’s individualized education program (IEP) or Section 504 plan.

When a school is closed because of COVID-19 response efforts and does provide educational services to the general student population, the school must ensure that students with disabilities have equal access to the same opportunities, including the provision of FAPE. In addition, districts/schools must ensure that, to the greatest extent possible, each student with a disability can be provided the special education and related services identified in the student’s IEP or Section 504 plan.

Once school resumes, a child’s IEP team (or appropriate personnel under Section 504) must make an individualized determination whether and to what extent compensatory services may be needed, consistent with applicable requirements, including to make up for any skills that may have been lost during the closure within a reasonable timeframe.

https://www.education.pa.gov/Schools/safeschools/emergencyplanning/COVID-19/Pages/AnswersToFAQs.aspx