New OCR Q&A Reiterates Guidance, Promises Additional Guidance on Compensatory Services to Come

Originally posted to our Special Education Law Insights Blog.

On May 13, 2021, the Department of Education Office for Civil Rights published a Q&A on Civil Rights and School Reopening in the COVID-19 Environment. The document is aimed at “helping schools reopen safely and in ways that support equity among students” and addresses obligations under Section 504 (prohibiting discrimination on the basis of disability), Title VI (prohibiting discrimination on the basis of race, color, or national origin), and Title IX (prohibiting discrimination based on sex). In the disability section, most of the answers repeat or expand on prior guidance from the Department. And on the one question where we are anticipating new guidance, the answer: keep anticipating. “The Department is aware of important questions regarding compensatory services for students with disabilities and plans to address those in a separate guidance document.” A brief summary of the other answers follows.

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