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FAPE During Remote Learning

Provision of a Free Appropriate Public Education (FAPE) for Students with Disabilities During Remote Learning

 

When a Local Educational Agency (LEA) moves from an in-person school day to a remote learning school day, the LEA is required to provide instruction to ALL students. This includes the provision of a free appropriate public education (FAPE) for students with disabilities. Prior to utilizing a remote learning school day, the Individualized Education Program (IEP) team should convene to determine how to best meet a student’s needs and determine what supports or alternate means may be necessary to ensure each student can appropriately participate in the remote learning school day. Any accommodations or modifications the IEP team determines to be appropriate for the student to participate in the remote learning school day should be documented in the student’s IEP and provided to the student during the remote learning day. If FAPE is not provided during a remote learning day, the IEP team must make an individualized determination to decide whether the student requires compensatory education.

PaTTAN Evidence-Based Practices - Remote Learning  


Overview of Remote Learning 

For students receiving special education services, remote learning may present unique challenges in maintaining access to the general education curriculum, ensuring the provision of specially designed instruction (SDI), and addressing IEP-required supports and services. While remote learning offers flexibility, the learning must also align with district policies and state requirements to uphold a Free Appropriate Public Education (FAPE) under the Individuals with Disabilities Education Act (IDEA). 

Local Educational Agencies (LEA) Responsibilities  

Local Education Agencies (LEAs) play a critical role in ensuring equitable access to education, particularly in remote learning environments. Under the
Individuals with Disabilities Education Act (IDEA) and Title II of the Americans with Disabilities Act (ADA)  , LEAs are legally obligated to provide Free Appropriate Public Education (FAPE) to students with disabilities, regardless of the instructional setting. This includes ensuring that all digital platforms, instructional materials, and communication tools used in remote instruction are accessible to students with disabilities, in compliance with the updated ADA Title II regulations. These regulations mandate that LEAs evaluate and maintain accessibility across web content, mobile applications, and digital documents, with implementation deadlines based on population size.  

To meet these responsibilities, LEAs must prioritize access to the general education curriculum by embedding special education supports directly into core instruction. This includes the consistent implementation of Individualized Education Programs (IEPs) and the seamless integration of related services such as speech therapy, occupational therapy, behavioral interventions, and counseling into virtual learning environments. These supports should not be treated as add-ons but as essential components of instruction that are delivered in a coordinated and accessible manner. By doing so, LEAs not only fulfill their legal obligations but also promote inclusive practices that support the academic and social-emotional development of all students. 

FAPE in Remote Learning

To determine whether a student with a disability is receiving a Free Appropriate Public Education (FAPE) during remote learning, reflect on the following questions. These questions can help teams evaluate the IEP services and supports in a remote learning context:

  • Does the IEP accurately reflect the accommodations, modifications, and services required for the student to receive FAPE in a remote setting?
  • Are services and supports being delivered as documented in the IEP?
  • Are all team decisions and changes to service delivery appropriately documented?
  • Is the team maintaining records of any missed services or lack of progress that may impact the student’s access to FAPE?

The following considerations can support thoughtful IEP implementation, address potential barriers, and guide decisions about needed adjustments for remote learning.

 

  • Convene the IEP team to discuss and plan for the student’s needs and include a clearly documented plan for service delivery during remote instruction.
  • Create a process to regularly review and revise the student’s remote learning plan if needed.
  • Develop contingency plans to support potential transitions between in-person and remote instruction.
  • Review and adjust behavior supports or the student’s behavior intervention plan for remote learning.

 

 

  • Provide the student with the necessary technology and internet access, including assistive technology and/or alternate communication support, to participate in remote instruction fully.
  • Provide instructional materials and learning activities to the student in accessible formats and/or alternative methods (e.g., paper packets, phone instruction, home visits).
  • Identify and address barriers that may prevent the student from meaningful participation in remote learning.

 

 

  • Create a plan for consistent and ongoing communication with the student’s family.
  • Provide training or support to the family, as needed, to assist the student’s learning at home.
  • Engage families as partners in monitoring the student’s progress and making instructional decisions.
  • Set up a system for general and special education staff to collaborate for instruction to be appropriately adapted to meet the student’s individual needs.

 

 

  • Deliver specially designed instruction and related services (e.g., speech, OT, counseling), as outlined in the IEP, during remote learning
  • Ensure the student can access the remote learning platform using the accommodations and supports identified in the IEP.
  • Adjust accommodations or modifications require to support the student during remote learning.
  • Develop a process to document, measure, and review the student’s progress toward IEP goals during remote learning.
  • Create a process to adjust instruction if the student is not making expected progress.

 




Implementing Remote Learning for Students with Disabilities 

Evidence-Based Resources 

Sources of Accessible Educational Material 

  • Intermediate Units  Intermediate Units may have a dedicated accessible media producer (AMP) who can procure and/or create accessible educational materials.  
  • PaTTAN Accessible Educational Material (AEM) Center ⏵ Production center supporting the provision of AEM in Pennsylvania by producing braille, large print, and formatted PDF.  
  • Bookshare  Largest accessible digital book library for students with print disabilities. Free for all qualified US students and schools with funding from United States Department of Education.  
  • The National Library Service  Free program that provides recorded and braille materials to United States residents who qualify for eligibility. 
  • National Instructional Material Center (NIMAC)  Repository of specialized publisher files that are utilized in the creation of accessible file-formats for students with print-access disabilities.  
  • Louis Database  Database contains a collection of accessible educational materials produced in a variety of formats and providers. This includes braille, large print, audio, and electronic file format  

Supports Built-in to Tablets and Laptops  

  • Accessibility checkers: Ensures your content is accessible to everyone by identifying and suggesting fixes for accessibility issues.  
  • Digital Reading (Immersive Reader): Simplifies reading by offering customizable text preferences, grammar tools, read-aloud features, translation, and focus mode to enhance comprehension and accessibility. 
  • Live captions, subtitles, audio description, and translation features: Improves communication with real-time captions, subtitles, and translations for users who require alternative access modes.   
  • Dictation: Converts spoken words into text for easier document creation. 
  • Screen-Reading: Reads aloud text on your screen for users with visual impairments. 
  • Magnification: Enlarges part or all of your screen to make text and images easier to see.    
  • Scanning: Optical Character Recognition converts printed text into digital formats for accessibility. 

Virtual Collaboration & Real-Time Supports 

Social-Emotional & Behavioral Supports 

Instructional Planning & Templates 

Professional Learning & Training 

Webinars 

Online Courses and Resources 

 

Additional Support is Available 

  • Contact Your IU Training & Consultation (TaC) Staff – IU TaC consultants provide technical assistance on implementing accessible and inclusive instruction. 
  • Submit a request for PaTTAN Customized Professional Development and Technical Assistance Portal.

 

This webpage serves as a resource to support Local Educational Agencies (LEAs) in considering and implementing appropriate accommodations for students with disabilities during remote learning. It is intended to provide general guidance and should not be interpreted as legal advice. 

LEAs remain responsible for ensuring compliance with the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act, and all applicable federal and state regulations governing the provision of Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE). The strategies outlined herein are not exhaustive and must be tailored to meet the individualized needs of students as determined by their Individualized Education Program (IEP) or Section 504 Plan. 

As legal and regulatory requirements may vary, LEAs should consult with their solicitor or legal counsel to ensure that their policies and practices align with federal and state special education mandates.