Feds Releases Guidelines for Educating Students with Disabilities in the Event of a Swine Flu Outbreak

By Lisa J. Hudson

A school closure due to a swine flu outbreak is scenario that raises many "What if?" questions for state educational agencies (SEAs), local educational agencies (LEAs), schools and postsecondary institutions. A prolonged school closure due to exceptional circumstances is a "What if?" scenario that the IDEA, Section 504, and the ADA do not specifically address.

Recognizing this, the U.S. Department of Education released guidelines on Sept. 1 that generally outline the obligations of, and best practices for, SEAs, LEAs, and schools to their students with disabilities in the event of an H1N1 outbreak.

Generally speaking, if schools are closed and do not provide any educational services to the general student population, then they would not be required to provide services to special education students. Once school resumes, the schools need to determine whether a student with a disability needs compensatory education.

Additionally, Education Week notes that the guidelines says, if a student loses skills because of a prolonged absence from school, the IEP team must determine what compensatory services are needed, and these services can be delivered by providing extended school-year services, extending the school day, providing tutoring before and after school, or providing additional services during regular school hours—all scenarios where transportation may play a role in ensuring these services are provided.

Of interest to special needs transporters is the section of the guidelines that answers the following questions:

• Must an LEA continue to provide FAPE to students with disabilities during a school closure caused by an H1N1 outbreak?

• In the event of a school closure, how might educational services be provided to students with disabilities?

• What must a school do if it cannot provide services in accordance with a student’s IEP or Section 504 plan because of an H1N1 outbreak or if a student opts to stay home because the student is at high-risk for contracting the virus?

• In the event that a school is closed, would an IEP team be required to meet? Would an LEA be required to conduct an evaluation of a student with a disability?

• What steps must be taken to serve a student with a disability who may have lost skills as a result of a prolonged absence from school?

• If an LEA is required to provide services to parentally placed private school students with disabilities during an H1N1 outbreak, how will the LEA communicate with these private schools?

H1N1 and its Effect on Children with Disabilities

The panic surrounding the “swine flu” that went global in late April and early May has subsided, but health officials have warned that a new strain could emerge this fall in time for fall. Back to school always elicits extra care by school officials in dealing with infectious diseases, as once again children and their germs mingle in the classroom, on the playground and in the yellow school bus. Now, a report released earlier this month indicates that children with special needs must be especially cautious.

We’ve known that the H1N1 virus can be fatal to anyone with underlying conditions, with most severe cases occuring in people over 65 or under 18. New York City’s Department of Health and Mental Hygiene puts into context why those with underlying medical conditions should take extra precautions to avoid the flu and should contact their doctor as soon as possible if they are found to have flu-like symptoms.

The department’s preliminary analysis of 152 patients who were hospitalized for swine flu showed that 82 percent had an underlying condition, specifically:
• 41 percent of patients hospitalized for swine flu had asthma
• 18 percent were less than 2 years old
• 13 percent had a compromised immune system
• 12 percent had heart disease
• Other factors include being pregnant; other chronic lung problems, such as emphysema; chronic heart, kidney, liver or blood disorders; neurological disorders that cause breathing problems; diabetes; and being under 18 years old and on long-term aspirin therapy.

Is your school team taking special or additional precautions to protect special needs passengers? Does pre-service training differ this year when it comes to dealing with infectious diseases on the school bus?