The Civil Rights Project / Proyecto Derechos Civiles

Among the most critical pre-pandemic inequities that have not received sufficient attention is the fact that many districts are not meeting their legal and moral obligation to educate students with disabilities, which must include providing needed mental health services, behavioral supports and educationally sound interventions by well qualified staff. This report reveals serious pre-existing conditions of inadequate support that are likely to be exacerbated by the current pandemic, summarizes the pandemic’s disparate impact, which is resulting in greater losses of instructional time amidst increasing experiences of trauma, and argues for additional post-pandemic steps to ensure that all students with disabilities needing supports and services must receive a free appropriate public education (FAPE) to have those needs met, and that they are not excluded because of behaviors caused by their disability.