CHADD is pleased to report that Secretary of Education Betsy DeVos will not seek changes to the central tenets of the Individuals with Disabilities Education Act (IDEA) in response to the novel coronavirus pandemic. In her report, the Secretary is “not requesting waiver authority for any of the core tenets of the IDEA or Section 504 of the Rehabilitation Act of 1973, most notably a free appropriate public education (FAPE) in the least restrictive environment (LRE).”

The report continues, “While the department has provided extensive flexibility to help schools transition, there is no reason for Congress to waive any provision designed to keep students learning. With ingenuity, innovation and grit, I know this nation’s educators and schools can continue to faithfully educate every one of its students.”

The Secretary’s report will now be sent to Congress for final approval. Congress has the ultimate say on the recommendations and could still opt to issue IDEA waivers. CHADD encourages everyone to write their representatives and senators (using the contact list in our previous post) to ask that no additional changes be made during the legislative process. No additional waivers are necessary under either the IDEA or Section 504.

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