Children and Students Experiencing Long COVID May Be Entitled to Section 504 or IDEA Protections and Services

This week, the U.S. Department of Education’s Office for Civil Rights (OCR) and the Office of Special Education and Rehabilitative Services (OSERS) jointly advised stakeholders, including  parents, educators, schools, and service providers, that, because long COVID may constitute as a disability under law, “(a) child or student experiencing Long COVID or other conditions that have arisen as a result of COVID-19 may be eligible for special education and related services under the Individuals with Disabilities Education Act (IDEA) and/or may be entitled to protections and services under Section 504 (of the Rehabilitation Act of 1973).”

The complete resource published by OCR and OSERS, “Long COVID under Section 504 and the IDEA: A Resource to Support Children, Students, Educators, Schools, Service Providers, and Families,” may be found at the following link:

 https://www2.ed.gov/about/offices/list/ocr/docs/ocr-factsheet-504-20210726.pdf

In the resource, OCR and OSERS further advises that:

• “Some children and students who were already identified as having a disability under IDEA and/or Section 504 and who have contracted COVID-19 may experience new or worsened symptoms related to their pre-existing disability, to COVID-19, or to both. If these symptoms persist in the form of long COVID, these children or students may need new or different related aids and services, specialized instruction, or reasonable modifications.

• Other children or students may be found eligible for services under IDEA and/or Section 504 for the first time because of the adverse impact of Long COVID on the child’s educational achievement and functioning (IDEA) or if Long COVID substantially limits one or more of the student’s major life activities (Section 504).”

    The OCR/OSERS resource also includes a review Child Find and Evaluation Procedures under both IDEA and Section 504.

Sara Leon & Associates, PLLC can provide assistance in regard to IDEA and Section 504 issues.