What the Court Order Means for You and Your Family
What happened? What did the court decide?
On February 28, 2022, the federal court for the Northern District of California made a court order called a “preliminary injunction” requiring the State of California to make sure that children with disabilities have access to virtual education.
Under the court order, if a parent decides that their disabled child’s health would be put at risk by in-person instruction, the parent has the right to have their child enrolled in their district’s independent study program with access to IEP services, or receive a reasonable modification in the form of virtual access to their typical instruction and special education services. Parents have this right even if they signed a settlement waiving rights this school year.
Why was the case filed? What is it about?
The case is called EE v. California, and is brought on behalf of disabled students who are at a higher risk of severe outcomes from COVID-19. The case was brought because some school districts have denied parent requests to enroll disabled students in independent study, or to allow virtual attendance, even when it is not yet safe for the student to attend school in person.
The court decided that the State of California is likely discriminating against these students on the basis of disability by not making sure that districts provide a program of virtual instruction equivalent to what non-disabled children receive. The court said that disabled students have a right to access education even if they cannot safely attend school in person.
Who does the court order help?
The court order helps students with disabilities who are at risk from in-person instruction, including students who usually attend a Non-Public School (NPS). Some of these students are:
- home without access to adequate instruction or services;
- receiving “home hospital” instruction;
- enrolled in an independent study program without IEP services; or
- attending school in-person at unsafe risk for COVID, as determined by the parent
How can parents use the court order to get virtual education for their children?
Parents who wish to get virtual instruction with IEP services for their child should send the court order (PDF) to their IEP team and request an IEP meeting.
How can parents prepare for the IEP meeting?
Parents can review the court order and contact their Parent Training and Information (PTI) Center for support. Your PTI Center can help you participate effectively in the meeting. Find your PTI Center.
What will happen at the IEP meeting?
At the meeting, the IEP team, including the parent and student as appropriate, will discuss whether the district’s independent studies program is an appropriate placement for your child.
- If yes, you can enroll and request a weekly schedule setting out when each service in your child’s IEP will be provided via video.
- If no, you should ask for a “reasonable modification” that would keep your child safe. The IEP team must consider reasonable modifications that allow the student to go to school virtually unless that would be a “fundamental alteration” for the District. Reasonable modifications may include:
- Participating via video-conference in the classes that the student would otherwise attend, with the services in the student’s IEP such as a one-to-one aide at home or in the classroom while the student is participating virtually; or
- Attending a virtual special day class for children studying an alternative curriculum.
What if my child attends a Non-Public School?
If your child attends a Non-Public School, ask that your child be able to attend virtually as a reasonable accommodation.
What if I signed a settlement agreement waiving any services or suspending the IEP?
If you previously waived any of your child’s rights to accommodations or IEP services as part of a settlement this school year, remind the IEP team that the court set aside those waivers.
Is the court order “final”?
We don’t know. The State of California is planning to appeal the order to the Ninth Circuit Court of Appeals.
Contact your PTI if your district declines to offer independent studies or a reasonable modification. Find your parent center.