Kelley Marlin with her sons, Cash Alexander, 15, and Hank Alexander, 9, both students in Chesterfield County Public Schools (Photo by Jay Paul)
When all four of Kelley Marlin’s kids logged in to their computers for school in the first weeks of the semester, she says she “got her steps in” running up the stairs of her Midlothian home to address the tech and learning issues that have popped up for many families dealing with distance learning during the pandemic.
Ensuring that her two sons who receive special needs services from Chesterfield County Public Schools are appropriately supported is a prime concern. During a normal school year, her 15-year-old son’s ADHD and dyslexia call for instructional and test-taking accommodations. Marlin’s 9-year-old son receives speech services online in two 15-minute blocks weekly to meet the two-hour monthly requirements for speech instruction in his Individualized Education Plan (IEP). Despite initial glitches, Marlin says online instruction is going relatively well, and she understands the pressures teachers are under to meet the needs of all learners digitally.
“With speech, the only thing that concerns me is that it seems very short,” she says. “I always wish it could be more, but realistically it is what it is. I think they are working really hard to provide the kids with the services they need.”
Marlin’s dilemma is faced by special needs parents across the state, many of whom haven’t had successes with online education.
Special education advocates have received an increased number of calls from parents looking for guidance on school obligations for meeting IEP requirements during COVID-19, says Colleen Miller, director of the Disability Law Center of Virginia (DLCV).
“We get somewhere between six to 10 calls each week with parents who are frustrated with how learning is going or not going for their kids,” she says. “We absolutely don’t have the resources to represent all of these people.”
Nationally, there are a growing number of lawsuits against school districts accused of failing to meet federal requirements for providing a free and appropriate education to special needs students, Miller says. She says that parents who reach out to DLCV often have been asked to make amendments to their child’s education plans that they feel do not appropriately meet the student’s needs. She advises parents in that position to push for meetings with their child’s educational team to contest recommendations or suggest changes.
Miller adds that at the beginning of school closures in March, a number of students were stymied by technical glitches and lack of access to online learning tools. Additionally, many students who may need special education services have not yet been evaluated due to halts on testing, which is done in person. In the meantime, these students could be missing out on essential services. She says advocates and parents “recognize the schools are in an extraordinary situation and planning as we go,” but special needs students who require significant accommodations are in danger of falling further behind.
“We absolutely don’t have the resources to represent all of these people.” —Colleen Miller, director of the Disability Law Center of Virginia
“I do hope that the schools will continue to be open to parents to hear their very real concerns about the risks presented by this pandemic and the serious impact on their children,” she says.
Virginia school divisions are under greater pressure to meet the needs of special education students during the pandemic, following a negative U.S. Department of Education report released this summer. The report found that Virginia’s Department of Education failed to adequately address instances of schools not providing a free and appropriate education to special needs students. Somewhat contradictorily, the findings, which also reflected the practices of schools in Central Virginia, came two weeks before the state received the U.S. Department of Education’s highest rating for serving students with disabilities and complying with the Individuals with Disabilities Education Act, based on data for the 2017-18 school year.
Virginia’s Joint Legislative Audit and Review Commission is conducting a study of the VDOE’s management of special education in public schools. Current guidance from the VDOE about school reopening during the pandemic advises school divisions to prioritize special needs students for in-person learning, if they are having trouble learning remotely.
In mid-September, the Chesterfield County School Board announced that the division would bring students back to school in phases, with certain special needs students returning to campus at the end of that month. Similarly, Henrico County brought back special needs students who were determined to need in-person support. The option of in-person services at home is available to special needs students in Richmond Public Schools. In Hanover County, roughly 60% of students returned to campus at the start of the school year, including more than 55% of the county’s 2,600 students who receive special education services.
Marlin says online education is working for her family, and she’s worried about the dangers of sending her children back to school during the pandemic. “I think it makes sense educationally [for special needs students to return first],” she says. “They are the ones seeing the biggest backslide being out of school because they are not getting that support, but it’s a health risk. I understand parents who have to work — it’s horrible for everyone. There are no good choices.”
