Court order reinstates distance learning for disabled students

LOS ANGELES —

State officials must act immediately to provide distance learning that is comparable to last year for students with disabilities and also adequate to their overall needs, a judge has ordered.

The court finding, in the form of a temporary restraining order issued Thursday, will provide immediate relief for 15 students — with several dozen others that could follow — but there are broad implications for students across California.

The practices at issue arise from Assembly Bill 130, which put in place rules meant to ensure that school districts provided and prioritized in-person instruction for all students this fall after the pandemic resulted in campus closures the previous year. But the law also had some unintended consequences. The alleged harm in this case was that students who wanted — or even required — remote learning faced delays and roadblocks that kept them out of school and denied them needed services.

“The Court finds that plaintiffs have demonstrated irreparable harm,” wrote federal Judge Susan

Illston, of the Northern District of California. “The declarations submitted by plaintiffs show that AB130 has forced parents to choose between the harm of their children losing educational opportunity or risking their health and safety. The declarations detail the very real health risks that these students face if they are required to attend in-person school as a result of their disabilities and the COVID-19 pandemic, as well as the educational losses the students have and will experience as a result of missing instruction.”

The mother of M.G., a 10-year-old student with Down syndrome, said in a declaration that her son’s respiratory problems would put him at excessive risk were he to contract COVID-19.

He previously attended “a moderate to severe special day class,” which is for special education students with more intensive needs. Because of the pandemic, his education plan was amended to allow for distance learning, and he had remote access to all of his accommodations and services through June 2021.

But for the new school year that started this fall, she was told remote learning was not generally available. The only remote option — because of

AB130 — was a form of independent study that lacked the services needed for her son.

Tribune News Service/los Angeles Times Teresa Miller holds algebra class, live as well as on Zoom, at Capistrano Valley High School on April 27 in Mission Viejo.