The COVID Pandemic: You Have Academic Rights

Matt Cohen and Associates (https://mattcohenandassociates.com) is a law practice with an emphasis on special education, disability rights, and human services law. I’ve learned a lot from Matt over the years. One thing about having ADHD is that it’s challenging enough. Yet, it’s even more difficult sometimes to advocate for yourself to get the benefits of well-intended legislation or regulations.

The COVID pandemic has been challenging for many with ADHD, especially for kids in school, and many of them may be eligible for compensatory education. Matt’s recent newsletter explained the program, and I’m sharing that copy below to make you aware of it. I must point out, however, that it’s difficult to give you specific information as each state and jurisdiction varies, as does the landscape. However, if your child suffered greatly in the educational system as a result of COVID, there are those who are advocating on your behalf, and it could be something you want to explore. Read Matt’s information below:

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Compensatory Education and Compensatory Services/Loss Recovery
What’s the Difference, Why Does It Matter, and What Can Advocates and Parents Do about It?

The impact of COVID on education has been monumental.  Students with disabilities were especially affected by the loss of regular school and the implementation of remote learning due to COVID restrictions. Fortunately, the federal government and the Illinois State Board of Education anticipated this and, starting back in March 2020, declared that some students with disabilities may be entitled to compensatory education to help counter the impact of remote learning on their education.

We believe that you may have a right to receive compensatory education if your child suffered a loss of progress or ability due to the lack of adequate instruction due to COVID restrictions and remote learning. If your child received inadequate programming during remote learning and their progress was delayed or lost as a result, we recommend that you contact your school district’s special education administration to clarify whether and how the district will provide compensatory education to your child. If the District is refusing to offer compensatory education generally, or to your child, in particular, you have the right to challenge this via mediation or a due process hearing.

If you are uncertain of your child’s possible right to compensatory education and/or the district has already indicated opposition to providing compensatory education and you want to evaluate the possibility of challenging your district’s position/decision, we can assist you in evaluating your situation.

A PowerPoint discussing Compensatory Education vs. Services

A Webinar about Parents Rights During the School Shutdowns

Contact Tami Kuipers at 866-787-9270 if you have any questions or concerns.

(Reprinted with permission: Matt Cohen and Associates)

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