Page 4 — Dear Educators and Parents
require that the IEP or Section 504 Plan addresses appropriate preventive and risk-reducing strategies, such as sanitizing or avoiding shared use of personal and classroom items. IEP, placement, and Section 504 teams can address continuation of school-wide layered prevention strategies recommended by CDC to address the special circumstances of the student and ensure that the student with a disability can receive FAPE in the LRE.
| II. | Continuing Use of Layered Prevention Strategies to Keep School Communities Safe |
As part of CDC’s new recommendations, masking for school, preschool, and early intervention settings now follow the same recommendations for the community in which they are located. Based on the latest data, in areas where the COVID-19 Community Level is high, CDC recommends universal masking for schools, preschool, and early intervention settings, and on school buses and vans. At any COVID-19 Community Level, individuals – including those at higher risk of severe outcomes from COVID-19 – may choose to mask at any time. In addition, people who spend time with individuals at increased risk of severe illness should consider taking extra precautions even when the COVID-19 Community Level is low. At any level, people with or around those with higher risk for serious illness, people with symptoms of COVID-19 or individuals who are not up-to-date on COVID-19 vaccinations who had exposure to someone with COVID-19, or a positive test should take extra precautions to protect themselves and others. This includes quarantining for 5 days and properly wearing a well-fitting mask around others for 10 days.
School districts, schools, early childhood centers and homes, and classrooms may still choose to implement masking requirements at any COVID-19 Community Level depending on their community’s needs – and especially keeping in mind those for whom these prevention strategies provide critical protection for in-person learning. Implementing layered prevention strategies (using multiple prevention strategies together) in schools can protect the rights of students with disabilities by ensuring their continued access to safe in-person learning.
Schools must continue to take action to preserve safe in-person learning opportunities for students with disabilities, including those at high risk of severe outcomes from COVID-19. To comply with their Federal non-discrimination obligations under Section 504, school districts must make reasonable modifications when necessary to ensure equal access for their students with disabilities, absent a showing that the modifications would constitute a fundamental
alteration or undue administrative burden to the program.[1] In addition, if a parent or other member of the IEP or Section 504 team believes that particular COVID-19 prevention strategies are necessary for the provision of FAPE to the student, the team must consider whether, and to what extent, such measures are necessary, based on student-specific information, which may include medical or health records, diagnostic or other evaluative data, or information documented by medical or health professionals. If the IEP or Section 504 team determines that COVID-19 prevention and risk reduction measures are necessary in order for a student with a disability to receive FAPE – where the prevention measures constitute special education, related services, supplementary aids and services under IDEA, related aids and services under Section
- ↑ See 34 C.F.R. § 104.4(b); see also 28 C.F.R. § 35.130(b)(7)(i).
