Is Providing Services to the Greatest Extent Possible Enough?
Originally posted on our Special Education Law Insights blog.
The COVID-19 pandemic has presented hardships for all students and school leaders, and it has been particularly challenging for students with disabilities and their IEP teams. Over the last nine months, districts and schools have been trying to figure out the most practical and effective ways to deliver special education and related services in a remote and hybrid learning environment. At the same time, a growing number of parents have brought due process complaints and state complaints to challenge the adequacy of those services. As those cases slowly work their way through the system, we are starting now to see more decisions. The challenges have been largely focused on whether schools are providing the special education and related services identified on the student’s IEP to the greatest extent possible and whether those services meet the student’s needs.