[House Hearing, 117 Congress]
[From the U.S. Government Publishing Office]
ADDRESSING THE IMPACT OF COVID-19
ON STUDENTS WITH DISABILITIES
=======================================================================
HEARING
BEFORE THE
SUBCOMMITTEE ON
EARLY CHILDHOOD, ELEMENTARY,
AND SECONDARY EDUCATION
OF THE
COMMITTEE ON EDUCATION AND LABOR
U.S. HOUSE OF REPRESENTATIVES
ONE HUNDRED SEVENTEENTH CONGRESS
FIRST SESSION
__________
HEARING HELD IN WASHINGTON, DC, MAY 6, 2021
__________
Serial No. 117-12
__________
Printed for the use of the Committee on Education and Labor
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Available via: edlabor.house.gov or www.govinfo.gov
__________
U.S. GOVERNMENT PUBLISHING OFFICE
44-536 PDF WASHINGTON : 2022
-----------------------------------------------------------------------------------
COMMITTEE ON EDUCATION AND LABOR
ROBERT C. ``BOBBY'' SCOTT, Virginia, Chairman
RAUL M. GRIJALVA, Arizona VIRGINIA FOXX, North Carolina,
JOE COURTNEY, Connecticut Ranking Member
GREGORIO KILILI CAMACHO SABLAN, JOE WILSON, South Carolina
Northern Mariana Islands GLENN THOMPSON, Pennsylvania
FREDERICA S. WILSON, Florida TIM WALBERG, Michigan
SUZANNE BONAMICI, Oregon GLENN GROTHMAN, Wisconsin
MARK TAKANO, California ELISE M. STEFANIK, New York
ALMA S. ADAMS, North Carolina RICK W. ALLEN, Georgia
MARK De SAULNIER, California JIM BANKS, Indiana
DONALD NORCROSS, New Jersey JAMES COMER, Kentucky
PRAMILA JAYAPAL, Washington RUSS FULCHER, Idaho
JOSEPH D. MORELLE, New York FRED KELLER, Pennsylvania
SUSAN WILD, Pennsylvania GREGORY F. MURPHY, North Carolina
LUCY Mc BATH, Georgia MARIANNETTE MILLER-MEEKS, Iowa
JAHANA HAYES, Connecticut BURGESS OWENS, Utah
ANDY LEVIN, Michigan BOB GOOD, Virginia
ILHAN OMAR, Minnesota LISA C. Mc CLAIN, Michigan
HALEY M. STEVENS, Michigan DIANA HARSHBARGER, Tennessee
TERESA LEGER FERNANDEZ, New Mexico MARY E. MILLER, Illinois
MONDAIRE JONES, New York VICTORIA SPARTZ, Indiana
KATHY E. MANNING, North Carolina SCOTT FITZGERALD, Wisconsin
FRANK J. MRVAN, Indiana MADISON CAWTHORN, North Carolina
JAMAAL BOWMAN, New York, Vice-Chair MICHELLE STEEL, California
MARK POCAN, Wisconsin JULIA LETLOW, Louisiana
JOAQUIN CASTRO, Texas Vacancy
MIKIE SHERRILL, New Jersey
JOHN A. YARMUTH, Kentucky
ADRIANO ESPAILLAT, New York
KWEISI MFUME, Maryland
Veronique Pluviose, Staff Director
Cyrus Artz, Minority Staff Director
------
SUBCOMMITTEE ON EARLY CHILDHOOD, ELEMENTARY, AND SECONDARY EDUCATION
GREGORIO KILILI CAMACHO SABLAN, Northern Mariana Islands, Chairman
JAHANA HAYES, Connecticut BURGESS OWENS, Utah
RAUL M. GRIJALVA, Arizona Ranking Member
JOHN A. YARMUTH, Kentucky GLENN GROTHMAN, Wisconsin
FREDERICA S. WILSON, Florida RICK W. ALLEN, Georgia
MARK De SAULNIER, California FRED KELLER, Pennsylvania
JOSEPH D. MORELLE, New York MARY E. MILLER, Illinois
LUCY Mc BATH, Georgia MADISON CAWTHORN, North Carolina
ANDY LEVIN, Michigan MICHELLE STEEL, California
KATHY E. MANNING, North Carolina JULIA LETLOW, Louisiana
JAMAAL BOWMAN, New York Vacancy
ROBERT C. ``BOBBY'' SCOTT, Virginia VIRGINIA FOXX, North Carolina
(ex officio)
C O N T E N T S
----------
Page
Hearing held on May 6, 2021...................................... 1
Statement of Members:
Sablan, Hon. Gregorio Kilili Camacho, Chairman, Subcommittee
on Early Childhood, Elementary, and Secondary Education.... 1
Prepared statement of.................................... 5
Allen, Hon. Rick W., Member, Subcommittee on Early Childhood,
Elementary, and Secondary Education........................ 6
Prepared statement of.................................... 8
Statement of Witnesses:
Bush, Reade.................................................. 25
Prepared statement of.................................... 28
Hager, Ronald M., Managing Attorney, National Disability
Rights
Network.................................................... 10
Prepared statement of.................................... 12
Kovach, Danielle M., Ed.D., Special Education Teacher, Tulsa
Trail
Elementary School; Hopatcong Board of Education............ 29
Prepared statement of.................................... 31
Littleton, Kanika A., Project Director, Michigan Alliance for
Families................................................... 18
Prepared statement of.................................... 20
Additional Submissions:
Chairman Sablan:
Fulfill the Promise Coalition Comments to the House
Education Committee re: COVID-19....................... 59
Executive Summary: ``Disabling Inequity: The Urgent Need
for
Race-Conscious Resource Remedies,'' The Center for
Civil Rights Remedies.................................. 114
Scott, Hon. Robert C. ``Bobby'', a Representative in Congress
from the State of Virginia:
Prepared statement of the National Council on Disability. 121
Questions submitted for the record by:
Chairman Scott
Hayes, Hon. Jahana, a Representative in Congress from the
State of Connecticut................................... 124
Wilson, Hon. Frederica, a Representative in Congress from
the State of Florida
Responses to questions submitted for the record by:
Mr. Hager................................................ 124
Ms. Kovach............................................... 131
Ms. Littleton............................................ 128
ADDRESSING THE IMPACT OF COVID-19.
ON STUDENTS WITH DISABILITIES
----------
Thursday, May 6, 2021
House of Representatives,
Subcommittee on Early Childhood,
Elementary, and Secondary Education,
Committee on Education and Labor,
Washington, DC.
The Subcommittee met, pursuant to notice, at 2:30 p.m., via
Zoom, Hon. Gregorio Kilili Camacho Sablan (Chairman of the
Subcommittee) presiding.
Present: Representatives Sablan, Hayes, Grijalva, Yarmuth,
Wilson, DeSaulnier, McBath, Manning, Bowman, Scott, Allen,
Keller, Steel and Letlow.
Staff present: Phoebe Ball, Disability Counsel; Melissa
Bellin, Professional Staff; Rashage Green, Director of
Education Policy; Christian Haines, General Counsel; Eli
Hovland, Policy Associate; Ariel Jona, Policy Associate; Max
Moore, Staff Assistant; Mariah Mowbray, Clerk/Special Assistant
to the Staff Director; Kayla Pennebecker, Staff Assistant;
Veronique Pluviose, Staff Director; Lakeisha Steele, Senior
Education Policy Advisor; Banyon Vassar, Deputy Director of
Information Technology; Everett Winnick, System Administrator;
Harley Adsit, Minority Press Assistant; Courtney Butcher,
Minority Director of Member Services and Coalitions; Amy Raaf
Jones, Minority Director of Education and Human Resources
Policy; Hannah Matesic Minority Director of Operations; Audra
McGeorge, Minority Communications Director; Carlton Norwood,
Minority Press Secretary; Chance Russell, Minority Legislative
Assistant; Mandy Schaumburg, Minority Chief Counsel and Deputy
Director of Education Policy; and Brad Thomas, Minority Senior
Education Policy Advisor.
Chairman Sablan. The Subcommittee on Early Childhood,
Elementary, and Secondary Education will come to order. Again,
welcome everyone I note that a quorum is present.
The Subcommittee is meeting today to hear testimony on
addressing the impact of COVID-19 on students with
disabilities. This is an entirely remote hearing. All
microphones will be kept muted as a general rule to avoid
unnecessary background noise.
Members and witnesses will be responsible for unmuting
themselves when they are recognized to speak, or when they wish
to seek recognition. I also ask that Members please identify
themselves before they speak. Members should keep their cameras
on while in the proceeding.
Members shall be considered present in the proceedings when
they are visible on camera, and they shall be considered not
present when they are not visible on camera. The only exception
to this is if they are experiencing technical difficulty and
inform Committee staff of such difficulty.
So if any Member experiences technical difficulties during
the hearing you should stay connected on the platform, make
sure you're muted, and use your phone to immediately call the
Committee's IT director whose number was provided in advance.
Should the Chair experience technical difficulty, or need to
step away, Mr. Yarmuth, or another majority Member is hereby
authorized to assume the gavel in the Chair's absence.
So this is an entirely remote hearing, and as such the
Committee's hearing room is officially closed. Members who
choose to sit in with their individual devices in the hearing
room must wear headphones to avoid feedback, echoes, and
distortion resulting from more than one person on the software
platform sitting in the same room.
Members are also expected to adhere to social distancing
and safe healthcare guidelines, including the use of masks,
hand sanitizer and wiping down their areas both before and
after their presence in the hearing room.
In order to ensure that the Committee's five-minute rule is
adhered to, staff will be keeping track of time using the
Committee's field timer. The field timer will appear in its own
thumbnail drive and will be named 001_timer. There will be no
one minute remaining warning. The field timer will show a
blinking light when time is up.
Members and witnesses are asked to wrap up promptly when
their time has expired.
While a roll call is not necessary to establish a quorum in
official proceedings conducted remotely or with remote
participation, the Committee has made it a practice whenever
there is an official proceeding with remote participation for
the Clerk to call the roll to help make clear who is present at
the start of the proceeding.
This helps the Clerk and also helps those watching the
platform and the livestream who may experience a few seconds
delay. So at this time I ask the Clerk to please call the roll.
The Clerk. Chairman Sablan?
Chairman Sablan. Present.
The Clerk. Mrs. Hayes?
Mrs. Hayes. Present.
The Clerk. Mr. Grijalva?
[No response]
The Clerk. Mr. Yarmuth?
Mr. Yarmuth. Present.
The Clerk. Ms. Wilson?
Ms. Wilson. Ms. Wilson is present.
The Clerk. Mr. DeSaulnier?
[No response]
The Clerk. Mr. Morelle?
[No response]
The Clerk. Mrs. McBath?
[No response]
The Clerk. Mr. Levin?
[No response]
The Clerk. Ms. Manning?
Ms. Manning. Manning is present.
The Clerk. Mr. Bowman?
Mr. Bowman. Present.
The Clerk. Chairman Scott?
Mr. Scott. Chairman Scott is present.
The Clerk. Ranking Member Owens?
[No response]
The Clerk. Mr. Grothman?
[No response]
The Clerk. Mr. Allen?
[No response]
The Clerk. Mr. Keller?
[No response]
The Clerk. Mrs. Miller?
[No response]
The Clerk. Mr. Cawthorn?
[No response]
The Clerk. Mrs. Steel?
Mrs. Steel. Present.
The Clerk. Ms. Letlow?
Ms. Letlow. Present.
The Clerk. Ms. Foxx?
[No response]
The Clerk. Chairman Sablan that concludes the roll call.
Chairman Sablan. Ranking Member--
Mr. Allen. Chairman Sablan. Allen is here, sorry.
Chairman Sablan. Oh great, great, thank you Mr. Allen.
Mr. Allen. Sorry about that I had a call come through and I
just couldn't get off of it, but I'm here.
Chairman Sablan. All right great, great. So now we could
actually continue. Pursuant to Committee Rule 8(c) opening
statements are limited to the Chair and the Ranking Member.
This allows us to hear from our witnesses sooner and provides
all Members with adequate time to ask questions. I recognize
myself now for the purpose of making an opening statement.
Today we meet to discuss how the pandemic has affected
students with disabilities and our responsibility to ensure
they have access to free and appropriate education. As this
Subcommittee has established, the pandemic has disrupted the
educational lives of tens of millions of students across the
country.
But no group of students have sought more access to
education during this life saving classroom closures than
students with disabilities. So to understand why we must
examine the long-standing barriers to quality education for
students with disabilities and how the pandemic has exacerbated
these barriers.
For students with disabilities the problem is of equal
education opportunity and Federal law is grounded in a basic
guarantee. Access to free and appropriate education in the
least restrictive environment that meets their needs.
Under The Rehabilitation Act and The Individuals With
Disabilities Education Act, IDEA, this means that children with
disabilities have the right to an individualized education plan
that meets the unique needs and prepares them for lifelong
earnings and independent living, a right.
Unfortunately, even before the pandemic far too many
students with disabilities did not receive the quality
education guaranteed by law. While graduations rates for
students with disabilities have improved in recent years,
students with disabilities still graduate from high school at a
disproportionately lower rate, and many receive certificates
that are not equivalent to a diploma.
In many cases this is done because students with
disabilities are less capable of reaching their educational
goals. It is because we have failed back on our commitment to
meeting their needs. For far too long the Federal Government
has underfunded the IDEA as State governments have failed their
responsibility to better support students with disabilities.
These disparities have fallen hardest on students of color
who are often identified as disabled and then subjected to
harsher discipline and worse educational settings.
Unfortunately, the barriers to public education for students
with disabilities have only become steeper during the pandemic.
Schools initially struggled to maintain educational
services for students with disabilities. And without clear
guidance from the Department of Education during the Trump
administration, some schools determined they simply could not
comply with IDEA.
However, even with the full support of schools students
with disabilities still face an array of challenges, reflecting
the broad diversity of the disabled community. Some students
struggle with remote learning without additional materials or
parents who can stay home. Many students also cannot receive
critical services like physical therapy, fully remote
platforms.
Schools face challenges to safely reopening classrooms for
students with disabilities who may be more vulnerable to the
virus or have difficulty following the public health mandates
such as mask wearing. But the transition to remote learning has
also revealed helpful lessons.
Remote communication has allowed some parents to more
actively engage in school staff and for the first time remotely
access support services for their children. Additionally, some
students with disabilities have reported being able to do
better in remote environments.
Over the last year Congress has taken a significant step to
meet the needs of students with disabilities. Last year we
enacted several relief packages that secured more than 65
billion dollars for K to 12 education, including funding to
support students with disabilities.
And most recently we enacted the American Rescue Plan which
provides more than 130 billion to help schools reopen
classrooms safely, including relief for IDEA programs. We were
disappointed that despite the widespread popularity of this
package, not a single House or Senate republican voted for the
bill, which provided critical resources for students, schools,
and educators.
Nonetheless, while the decision whether or not to open
schools is made on the State and local level, the resources in
the American Rescue Plan will help schools reopen. As of the
end of February over 80 percent of K to 8 schools were offering
some in-person instruction, and about half of schools were open
full-time for in-person instructions for all students.
This data comes from before the CDC updated their guidance,
and before most educators were able to get vaccinated. So
schools have continued to reopen to more students in the past
several week, and as vaccines become available to students,
reopening schools to full-time in-person instruction will no
longer pose an imminent threat to students and staff.
However, our work is far from over. So we continue today
with the help our witnesses, we will discuss how we can learn
from the lessons of this pandemic to ensure equal access to
education with all students with disabilities. We may disagree
on the means, but I know each of us agrees that, now more than
ever, we must uphold our promise to give all students with
disabilities the opportunity to reach their full potential.
That is their right.
I want to thank our witnesses again for being with us, and
I'll turn to the Ranking Member Mr. Allen who is sitting in for
Mr. Owens, for the purpose of making an opening statement. Sir,
Mr. Allen please.
[The statement of Chairman Sablan follows:]
Statement of Hon. Gregorio Kilili Camacho Sablan, Chairman,
Subcommittee on Early Childhood, Elementary, and Secondary Education
Today, we meet to discuss how the pandemic has affected students
with disabilities and our responsibility to ensure they have access to
free and appropriate education.
As this subcommittee has established, the pandemic has disrupted
the education and lives of tens of millions of students across the
country. But no group of students has lost more access to education
during these lifesaving classroom closures than students with
disabilities.
To understand why, we must examine the long-standing barriers to
quality education for students with disabilities and how the pandemic
has exacerbated these barriers.
For students with disabilities, the promise of equal educational
opportunity in Federal law is grounded in a basic guarantee: access to
free and appropriate public education-in the least restrictive
environment-that meets their needs.
Under the Rehabilitation Act and Individuals with Disabilities
Education Act, IDEA, this means that children with disabilities have
the right to an individualized education plan that meets their unique
needs and prepares them for lifelong learning and independent living-
their right.
Unfortunately, even before the pandemic, far too many students with
disabilities did not receive the quality education guaranteed by law.
While graduation rates for students with disabilities have improved in
recent years, students with disabilities still graduate from high
school at disproportionally lower rates, and many receive certificates
that are not equivalent to a diploma.
In many cases, this is not because students with disabilities are
less capable of reaching their educational goals-it is because we have
held back on our commitment to meeting their needs.
For far too long, the Federal Government has underfunded the I-D-E-
A and State governments have failed their responsibility to better
support students with disabilities. These disparities have fallen
hardest on students of color, who are often identified as disabled and
then subject to harsher discipline and worse educational settings.
Unfortunately, the barriers to quality education for students with
disabilities have only become steeper during the pandemic.
Schools initially struggled to maintain education services for
students with disabilities. And-without clear guidance from the
Department of Education during the Trump administration-some schools
determined they simply could not comply with I-D-E-A.
However, even with the full support of schools, students with
disabilities still face an array of challenges, reflecting the broad
diversity of the disabled community. Some students struggle with remote
learning without additional materials or parents who can stay home.
Many students also cannot receive critical services, like physical
therapy, through remote platforms. Schools face challenges to safely
reopening classrooms for students with disabilities, who may be more
vulnerable to the virus or have difficulty following public health
mandates, such as mask-wearing.
But the transition to remote learning has also revealed helpful
lessons. Remote communication has allowed some parents to more actively
engage with school staff and, for the first time, remotely access
support services for their children. Additionally, some students with
disabilities have reported being able to focus better in remote
environments.
Over the last year, Congress has taken significant steps to meet
the needs of students with disabilities. Last year, we enacted several
relief packages that secured more than $65 billion for K-12 education,
including funding to support students with disabilities. And, most
recently, we enacted the American Rescue Plan, which provided more than
$130 billion to help schools reopen classrooms safely, including relief
for IDEA programs.
We were disappointed that, despite the widespread popularity of
this package, not a single House or Senate Republican voted for the
bill, which provided critical resources for students, schools, and
educators.
Nonetheless, while the decision whether or not to open schools is
made on the State and local level, the resources in the American Rescue
Plan will help schools reopen.
As of the end of February, over 80 percent of K-8 schools were
offering some in-person instruction and about half of schools were open
full time for in-person instruction for all students. This data comes
from before the CDC updated their guidance and before most educators
were able to get vaccinated. Schools have continued to re-open to more
students in the past several weeks. As vaccines become available to
students, re-opening schools for full-time, in-person instruction will
no longer pose an imminent threat to students and staff.
However, our work is far from over.
So, we continue today. With the help of our witnesses, we will
discuss how we can learn from the lessons of this pandemic to ensure
equal access to education for all students with disabilities.
We may disagree on the means, but I know each of us agrees that,
now more than ever, we must uphold our promise to give all students
with disabilities the opportunity to reach their full potential. That
is their right.
______
Mr. Allen. Thank you Chairman and it's good to be with you
again, and unfortunately Representative Owens had travel delays
this morning and he's on a plane right now, but he sends his
sincere regrets to the Members and the witnesses and thanks to
all for being here today and hopefully he gets here in time to
be able to join us.
For the last 107 days President Biden and my democratic
friends have ignored the science at the expense of our Nation's
students, especially those with disabilities. You know this is
not a partisan talking point.
The New York Post recently reported on the Biden
administration's effort to appease teachers unions on a school
reopening policy. But the American Federation of Teachers
referring to itself as the CDC's thought partner. Democrats on
this very Committee accuse the Trump administration of
politicizing the CDC but ignore the Biden administration's
blatant attempts to bend science to the will of this political
allies.
To those students, educators and families watching at home
let me be clear. The science is settled. Schools can and should
safely open right now, and they've been open the entire year in
the 12th District of Georgia.
Research demonstrates that school-age children are less
likely to transmit the virus to others, including adults. Even
in areas of high community spreads, schools can safely reopen
with 3 feet of social distancing and proper masking. Over 80
percent of K through 12 teachers have been vaccinated, and the
FDA is set to expand Pfizer vaccine eligibility for 12 to 15
year-olds as early as next week. A medical miracle.
This evidence is overwhelming, but still 49 percent of
school districts are currently open for in-person instructions.
That is a far cry from President Biden's promise to fully
reopen schools in his first 100 days. The effects of school
closures are high for students with disabilities. As many
special needs children benefit from consistent and attentive
in-person instruction and services. Kids with special needs
need routine, and I know this first-hand as my granddaughter
has special needs.
She has just turned 4 years old she can't sit up and she
can't walk, and she can't talk, but she has the most beautiful
smile and loves her daddy big. All she does is hug my neck when
I sit with her. But you know, thankfully Hampton School didn't
close, and they had to deal with COVID, and she's in full-time
because at her school she receives physical therapy.
And if she goes even a week without physical therapy it
sets her back a month. When you take these kids away from the
classroom it hurts them incredibly. They need to be in school.
The lack of access to in-person instruction and services raises
serious concerns about the impact of their academic progress
and mental health is a huge, huge issue.
Among all students, self-reported mental health already
dropped 40 percent since 2019 and mental health related
emergency room visits are up 31 percent for children ages 12 to
17. Today we'll have an opportunity to hear from Reade Bush, a
father of two special needs children for whom those numbers are
more than just statistics. They are living a reality. Mr. Bush
was forced to watch his 9-year-old son deteriorate before his
eyes to be admitted to a hospital because of the mental toll
from social isolation.
Mrs. Bush was forced to quit her job and home school their
9-year-old daughter after the public school failed to meet
their daughter's individualized education program needs, citing
a virtual 4-day school week. I'd like to send prayers to the
Bush family and thank Reade for being willing to open up about
this experience.
We cannot sit idly by while our children cry out for help.
The CDC notes that children with disabilities are particularly
impacted by the lack of interaction with peers as a result of
online learning. This is in addition to projected learning loss
which is expected to be as high as 12 months for some children.
Unfortunately, even State, and local leaders in many areas
across the country have failed to provide adequate protections
for students and their families. Parents are rightly
frustrated. It is unbelievable that in America parents must
fight for their special needs students to have the bare minimum
of services provided to them.
These are the taxpayers. Sadly, no matter how hard a school
district works, remote learning cannot fully meet the needs of
all students with disabilities, while distance learning is
acceptable under the Individuals With Disabilities Education
Act. There are state-wide and district-wide policies that
reduce or limit services, specifically for students with
disabilities.
Simply put remote learning is making it more difficult for
all students to learn and exacerbating difficulties for those
most vulnerable students. The democratic strategy to put it
generously is not working.
No amount of funding can cover for the President's weak
leadership and coziness with groups who do not have the
students best interests in mind. While I am glad democrats are
acknowledging the difficulties facing students with
disabilities during the pandemic, this hearing is pointless if
democrats continue to ignore the science and reject common
sense republican proposals that would direct Federal funds
toward reopening schools.
Republicans are more concerned with what a year of learning
loss will do to a generation of young people than we are in
upsetting a few liberal elites. It's time democrats were too. I
want to thank all of our witnesses for joining us for what I
hope will result in a firm commitment to reopen schools to help
those with disabilities and Mr. Chairman I yield back.
[The statement of Member Allen follows:]
Statement of Hon. Rick W. Allen, Member, Subcommittee on Early
Childhood, Elementary, and Secondary Education
For the last 107 days, President Biden and my Democrat friends have
ignored the science at the expense of our Nation's students, especially
those with disabilities. This is not a partisan talking point--the New
York Post recently reported on the Biden administration's efforts to
appease teachers unions on school reopening policies with the American
Federation of Teachers referring to itself as the CDC's `thought
partner.'
Democrats on this very committee accused the Trump administration
of politicizing the CDC but ignore the Biden administration's blatant
attempts to bend science to the will of its political allies.
To those students, educators, and families watching at home, let me
be clear: the science is settled--schools can and should safely reopen
now.
Research demonstrates that school-aged children are less likely to
transmit the virus to others, including adults. Even in areas with high
community spread, schools can safely reopen with three feet of social
distancing and proper masking. Over 80 percent of K-12 teachers have
been vaccinated and the FDA is set to expand Pfizer vaccine eligibility
for 12-to 15-year-olds as early as next week.
This evidence is overwhelming; but still, only 49 percent of school
districts are currently open for in-person instruction. That is a far
cry from President Biden's promise to fully reopen schools in his first
100 days.
The effects of school closures are heightened for students with
disabilities, as many special needs children benefit from consistent
and attentive `in-person' instruction and services. Kids with special
needs need routine, and I know this firsthand as my granddaughter has
special needs. Thankfully Hampton's school didn't close and she's in
full time, because at her school she receives physical therapy and if
she goes even a week without that, it will really push her back. When
you take these kids away from the classroom, that hurts them
incredibly--they need to be in school. The lack of access to in-person
instruction and services raises serious concerns about the impact on
their academic progress and mental health. Among all students, self-
reported mental health ratings dropped 40 percent since 2019 and mental
health-related emergency room visits are up 31 percent for children
ages 12 to 17.
Today, we will have the opportunity to hear from Reade Bush, a
father of two special-needs children for whom those numbers are more
than just statistics. Mr. Bush was forced to watch his 9-year-old son
deteriorate before his eyes, to be admitted to a hospital because of
the mental toll from social isolation. Mrs. Bush was forced to quit her
job and homeschool their 9-year-old daughter after their public school
failed to meet their daughter's Individualized Education Program needs,
citing a virtual 4-day school week.
I'd like to send prayers to the Bush family and thank Reade for
being willing to open up about this experience. We cannot sit idly by
while our children cry out for help.
The CDC notes that children with disabilities are particularly
impacted by the lack of interaction with peers as a result of online
learning. This is an addition to projected learning loss, which is
expected to be as high as 12 months for some children.
Unfortunately, even State and local leaders in many areas across
the country have failed to provide adequate protections for students
and their families. Parents are rightly frustrated--it is unbelievable
that, in America, parents must fight for their special needs students
to have the bare minimum of services provided to them.
Sadly, no matter how hard a school district works, remote learning
cannot fully meet the needs of all students with disabilities. While
distance learning is acceptable under the Individuals with Disabilities
Education Act, there are statewide and district-wide policies that
reduce or limit services specifically for students with disabilities.
Simply put, remote learning is making it more difficult for all
students to learn and exacerbating difficulties for those most
vulnerable students. The Democrat strategy-to put it generously is not
working. No amount of funding can cover for the President's weak
leadership and coziness with groups that do not have students' best
interests in mind.
While I am glad Democrats are acknowledging the difficulties facing
students with disabilities during the pandemic, this hearing is
pointless if Democrats continue to ignore the science and reject
commonsense Republican proposals that would direct Federal funds toward
re-opened schools.
Republicans are more concerned with what a year of learning loss
will do to a generation of young people than we are upsetting a few
liberal elites. It's time Democrats were, too.
______
Chairman Sablan. Thank you. Thank you very much Mr. Allen.
I would now like to recognize the witnesses. Let me start by
recognizing Dr., I'm going to try this, Dr. Kovach, a special
education teacher and President Elect with Council for
Exceptional Children.
Dr. Kovach has been a special ed teacher and general
education teacher at Tulsa Trail Elementary School for 23 years
and received her doctorate in special education from Walden
University. Dr. Kovach currently teaches third grade in a self-
contained classroom and also teaches as an adjunct professor at
Centenary University.
Dr. Kovach was Teacher of the Year in New Jersey in 2011
and is the President of the Council for Exceptional Children.
Ms. Kanika A. Littleton is Project Director for Michigan's
Alliance for Families where she's dedicated to supporting
families of students with disabilities, helping them to
navigate complications related to special education programs
and services.
She has a BA in sociology and a master's degree in medical
sociology from Wayne State University and is also the mother of
three children with disabilities, including a transition age
autistic son.
Mr. Ron M. Hager is the Managing Attorney for Employment
and Education at the National Disability Rights Network. He
provides training and assistance to the P&A's on special
education, and assists with technology, and assists in
overseeing training and technical assistance to CAP.
He has specialized in disability law, particularly special
education since 1979 when he started his legal career in
Buffalo as a VISTA attorney. After that he was a clinical
professor at the State University of New York at Buffalo Law
School for 9 years of supervising the education law clinic.
In 1991 Mr. Hager moved to Neighborhood Legal Services
where he represented clients in a wide variety of related
cases. And as part of NLS's National AT Advocacy Project Mr.
Hager also was a frequent author of disability law related
issues. He was co-Chair of the New York State Bar Association's
Committee on the Rights of People with Disabilities for 4 years
and was the President of the Board of Directors of Autistic
Services, Inc. in Western New York for 10 years.
Mr. Hager earned a BA in Psychology for the State
University of New York Binghamton, and a J.D. from the State
University of New York at Buffalo Law School.
Reade Bush is a parent and lives in Arlington, Virginia.
Mr. Bush is a physician assistant with 17 years of experience
in emergency medicine in the Washington, DC. area.
Additionally, Mr. Bush provides medical support at many large
events, including the State of the Union Address and
Presidential Inauguration.
Prior to his work in the medical field Mr. Bush volunteered
as a firefighter, paramedic for 15 years and responded to the
Pentagon on September 11, 2001. He also treated congressional
Members and staff who were exposed to anthrax.
In the past year during COVID-19 school closures, Mr. Bush
has been a strong advocate for access to in-person learning for
children with special needs as he and his wife have two adopted
children from Haiti, both of whom have significant special
needs. Mr. Bush holds an undergraduate degree from the College
of William and Mary, and a Master's in Health from George
Washington University.
Let me also share with our witnesses that I am an
individual with a significant disability, and I was very happy
to have Chaired our State Rehabilitation Council for 4 years
before learning to become a politician, but thank you everyone
for joining us today, so I'd like to first invite Mr. Hager,
did I say that right Hager?
Mr. Hager. Yes, thank you.
Chairman Sablan. OK Mr. Hager you have five minutes sir.
STATEMENT OF RONALD M. HAGER, MANAGING ATTORNEY, NATIONAL
DISABILITY RIGHTS NETWORK
Mr. Hager. Thank you. Good afternoon, Chair Sablan, Ranking
Member Allen, and Members of the Subcommittee. My name is Ron
Hager and I'm a managing attorney at the National Disability
Rights Network, NDRN.
Thank you for the opportunity to appear before you to
discuss the impact of COVID-19 on K-12 students with
disabilities. The Protection and Advocacy and Client Assistance
Programs the P&A's and CAP's comprise a nationwide network of
congressionally mandated disability organizations operating in
every State and territory.
NDRN believes in the right of all students, including those
with disabilities, to an equitable and appropriate education in
a safe environment. NDRN seeks to accomplish this goal for the
P&A network. We believe this work has become even more
important in the face of the COVID-19 pandemic. Students with
disabilities already faced many challenges in schools which
COVID has exacerbated.
As schools transition back to in-person learning, it is
critical that our schools are prepared to meet the academic and
social and emotional needs of all of our students, especially
those with disabilities.
Unfortunately, parents of children with disabilities have
long lacked the resources needed to help them understand and
navigate the educational system. Throughout the pandemic the
P&A network has worked to ensure students receive the services
they are entitled to.
This work has included meeting with State agencies to
develop policies to support students with disabilities with
other stakeholders, including the Parent Training and
Information Centers. Our network has represented clients and
individual and systemic cases all over the country.
While the path to recovery is long, we know that we owe it
to students with disabilities and all students to rebuild a
system that is inclusive, individualized, and responsive to
their needs.
While students with disabilities have faced particular
challenges during the pandemic, the students most negatively
impacted are those at the intersection of disability in other
marginalized identities, including students with disabilities
who are also students of color, of low income, English language
learners, experiencing homelessness, and in institutional
settings such as juvenile justice and juvenile detention and
residential treatment.
Throughout the pandemic many schools fail to provide the
individualized services students with disabilities needed. For
example, some schools that recently reopened were unwilling to
allow immunocompromised students to continue to learn and
receive services in home.
On the other hand, some schools that were closed refused to
provide in-person instruction to students who needed it. Both
students with significant disabilities and less significant
disabilities started in the remote learning environment. You
also continued to encounter overly punitive discipline imposed
on students with disabilities during remote learning.
Students with behavioral, emotional, and mental health
needs were suspended from virtual instruction. In one instance
a student with a disability became involved with the juvenile
justice system for failing to complete her online schoolwork.
Finally, we encountered schools changing IEP services and
distance learning plans without changing the IEP. Here are two
examples of the work the P&A's have been doing during the
pandemic. In New Hampshire, the P&A successfully obtained
guidance from the Governor that despite school closures,
students with disabilities would be eligible for in-person
services if needed.
Nevertheless, the P&A was forced to advocate in several
school districts who refused to provide in-person services. The
P&A in California conducted successful systemic advocacy
against two school districts for failing to comply with the
IDEA. The most pressing concern for students is how to make up
for the loss they have experienced we recommend the following:
Schools should implement the multi-tier system of approach,
or MTSS model, which provides a floor for remedial services
that will benefit all students. Students with disabilities may
need to be considered for additional individualized services
pursuant to the IEP process for compensatory education.
Schools must also consider the emotional and behavioral
needs of students and how to anticipate how to address those
needs. In addition to students who have already been identified
through the IEP process, we anticipate more students becoming
eligible for services under IDEA in Section 504.
Finally, we urge Congress to pass dedicated additional
funding for the P&A Network to address the educational needs of
students with disabilities impacted by COVID. In closing, we
urge the Department of Education to issue guidance on making up
instructional loss using the MTSS model and how to best utilize
compensatory educational services.
I appreciate the opportunity to appear before you today and
look forward to answering any questions you may have. Thank
you.
[The prepared statement of Mr. Hager follows.]
Prepared statement of Ronald M. Hager
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
Chairman Sablan. Yes, thank you very much Mr. Hager. Next,
I will go to Ms. Littleton. Ms. Littleton you have five minutes
please.
STATEMENT OF KANIKA A. LITTLETON, PROJECT DIRECTOR, MICHIGAN
ALLIANCE FOR FAMILIES
Ms. Littleton. Good afternoon, Chairman Sablan, Ranking
Member Allen, and Members of the Early Childhood Elementary and
Secondary Education Subcommittee. Thank you for inviting me to
testify at today's hearing addressing the impact of COVID-19 on
students with disabilities.
My name is Kanika Littleton, and I am the Director of
Michigan's federally funded parent training and information
center, Michigan Alliance for Families. Funded through Part D
of IDEA, there are 94 parent centers across the country who
assist parents to positively impact their children's education
and post-secondary outcomes.
I am also the parent of three children receiving education,
support, and services under IDEA and Section 504. My children
are 16-year-old Christian, who has autism, Brittney who is 14,
with anxiety and inattentive ADHD, and 6-year-old Aiden who
also struggles with anxiety.
The impact of the COVID-19 pandemic is significant for
students with disabilities and those from traditionally
marginalized populations. The educational challenges are
unprecedented and require immediate attention. Educators and
families working together is vital to moving forward.
Today I'm speaking to you as a parent and a professional
who has observed the challenges of the pandemic that it's
created for my own children, and the students across Michigan.
I wanted to highlight five areas of concern including teacher
shortages, access to technology, social-emotional health,
family engagement and individualized education program
implementation.
Several states are facing higher teacher shortages
exacerbated by reasons related to the pandemic. In Michigan,
teacher resignations have increased by nearly 42 percent this
school year. Often districts must rely on substitutes who lack
the education and training to educate and support students with
the most significant needs, leaving these students at a greater
disadvantage than their typical peers.
Inequity and resources has negatively impacted students
with disabilities, especially students of color and those
living in poverty in non-traditional home environments,
including foster care and group homes. These students are
overwhelmingly educated in districts with less financial and
human resources, they have less access to educational materials
and the support essential to participating in remote learning.
Moving forward, it is vital that states have the necessary
resources to prioritize providing assisted technology devices,
internet access and assistance with navigating learning
platforms for all students. The lack of social interaction with
teachers and peers during remote learning has clearly taken a
toll on our young people, especially those with anxiety,
depression, and other mental health conditions.
They may have loved ones who have become ill or passed
away, their family may be struggling with food and housing
insecurities, or they may have trouble with no support network
to help them. Many days I've watched my own daughter struggle
to make it out of bed, ultimately affecting her school
performance.
It is necessary for districts to have the resources needed
to support social and emotional health, including access to
school and mental health services, and utilizing multi-tiered
systems of support. Parents and caregivers of students with
disabilities often found themselves in the position of
implementing their children's IEP at home.
Many parents found this to be extremely challenging, often
lacking the necessary skills needs to support their students.
This highlights a need for educators and service providers to
meaningful engage with families during the pandemic, including
recognizing family barriers, and implementing culturally
responsive practices, utilizing strategies to support at home
learning, and partnering with parent training and information
centers to provide parent education.
As states figure out how to adequately support students
with disabilities during the pandemic, many students have
experienced delays in evaluations and failed implementation of
their IEP, including access to specialized instruction, related
services and transition supports.
For example, both of my sons will be receiving recovery
services this summer to offset the loss of learning during
school closures and remote learning. It is imperative that
these challenges are addressed in the way that assistance and
recovery of acceleration of learning, states must have the
supports to hire more educators, curriculum experts, support
staff, and invest in high-quality evidence-based approaches to
support recruitment and acceleration of learning for all
students.
I'd like to acknowledge and offer gratitude to Congress for
the existing increases in funding, including 13 billion dollars
through the CARES Act, 54 billion dollars through the
Coronavirus Responsibility Supplemental Appropriations Act, and
130 billion dollars through the American Rescue Plan, which
includes specific funding toward IDEA.
This funding will allow states to begin addressing the
critical needs of students with disabilities, as they
transition back to in-person learning, however, more is needed
to ensure our students, regardless of disability, race,
ethnicity, or socio-economic status equitable access to quality
education and support during and after the pandemic.
Additionally, as more needs are identified, perhaps this
time to reauthorize IDEA, so that as a nation we are prepared
to continue supporting all learners under any circumstance. I
hope this Committee has found this information to be helpful,
and I look forward to answering any questions you may have.
[The prepared statement of Ms. Littleton follows:]
Prepared Statement of Kanika A. Littleton
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
Chairman Sablan. Well thank you. I'm sure your testimony
and all the testimony from all the witnesses are always very
useful to the Committee. Thank you, Ms. Littleton. I would like
to now recognize Mr. Bush for five minutes please.
STATEMENT OF MR. READE BUSH
Mr. Bush. Good afternoon, Chairman Sablan, Ranking Member
Owens, and Members of the Early Childhood, Elementary and
Secondary Education Subcommittee, and Mr. Allen. Thank you for
the opportunity to share with you today as you address the
impact of COVID-19 on students with disabilities.
My wife and I have two beautiful, adopted children from
Haiti, both with special needs. They are 9 years old and attend
public school in Arlington, Virginia. I want to highlight how
destructive the last year of closed schools and virtual
learning has been for our kids, as well as many other students
with disabilities across the country.
Our son is diagnosed with autism and ADHD. Before school
closed, he was a very happy boy who loved school, especially
being around his friends. But things changed quickly after
schools closed. The lack of social contact and the routine of a
normal school day which are incredibly important to children
with autism, caused him to create an imaginary world last
spring with 52 friends as he told us.
By summer, his imaginary world had become so real to him
that he struggled to differentiate real from the pretend,
causing him to have visual, auditory, and tactile
hallucinations which became so bothersome to him that on his
9th birthday he asked me, ``Daddy, can I die for my birthday?''
In November he was admitted to Children's National Hospital
for 4 days. The doctors told us that his symptoms were from a
massive deterioration of his autism due to social isolation. He
ended up on 6 medications, and the doctors said that what he
needed most was to return to full-time, in-person learning so
that he could begin to solidify his identify with real, in-
person teachers and peers.
During the fall, as we watched him deteriorate before our
eyes and not be able to engage in virtual learning, we pleaded
with school administrators to open schools for in-person
learning for students with disabilities, which aligned with the
guidelines by the Virginia Department of Health, and Governor
Northam, who allowed special learners to return for in-person
school as far back as last June.
However, school administrators told us it was not safe to
reopen for in-person learning. This despite the fact that many
private schools throughout the D.C. area and country had
successfully reopened. Eventually, in November our school
system in Arlington opened for a small number of students to
provide what they called ``in-person support.''
This placed our son--here this, this placed our son in a
classroom all by himself to learn on an iPad while being
monitored by an extended day staffer. It did not give him the
in-person learning and peer social contact that the doctors
prescribed.
So, we requested that the school place him in a private
special needs school which was open with teachers and peers 5
days a week, but the school's IEP team Members refused. So he
stayed on an iPad in a classroom, all by himself for the next 4
months.
Our daughter is in 2d grade. She has cerebral palsy, a
speech disorder, and an intellectual disability, meaning her IQ
is around 58. Her IEP calls for 30 hours of special education
per week. In August, the Arlington school system asked us to
agree to reduce her hours of support to reflect a shorter,
virtual 4-day school week.
We refused to sign the IEP with reduced hours because she
needs every hour of instruction that she could get. Since
Arlington schools went ahead and reduced her learning hours,
and because she was unable to engage in learning over an iPad,
my wife was forced to quit work to home school her.
So how do things stand now? Our schools finally opened
part-time in March, with shortened school days, while many
private and public schools have been open in-person 5 days a
week since last fall. Sadly, the learning losses continue to
pile up, in fact, just in the first quarter of the year the
number of failing grades was up 6 percent among students with
disabilities in Arlington.
Our son is a full year behind in reading we just learned
last week. Despite assurances from school administrators last
year that they would provide robust learning recovery when
schools reopened, the school told us last week they would give
him only 30 minutes of reading recovery per week, 30 minutes a
week.
We asked for more, but they flatly refused. Other than
offering a 4-week summer school program, which by no means will
make up for a lost year of learning, Arlington has no
substantive plan to catch-up special needs kids. They have no
plans to hire additional reading, speech, or occupational
therapists.
They expect existing staff to carry their full caseloads
and catch kids up. Kids will never be caught up at this rate
which will result in vast inequities in educational outcomes
for the most-needy children.
One lesson learned from the past year is that schools
should never be allowed to close long term again. For children
with disabilities, schools are like hospitals in that the
schools are the primary providers of rehabilitative services
such as speech, occupational therapy, and social-emotional
learning.
Our kids were without speech and OT services for 6 months,
and these services still remain virtual for the vast majority
of kids today. And the psychological and learning losses and
inequities continue to pile up.
I will close by saying that in Arlington and many other
places across the country, schools remain only partially open.
By contrast, in Haiti, where our kids were born, schools have
been open full time since the fall. Haiti, as you know, has no
healthcare system, has no access to COVID vaccine, and is one
of the most under-resourced countries in the world.
If Haiti can find a way to open up schools full-time, then
certainly schools here in the U.S., and certainly schools in
Arlington, Virginia, one of the wealthiest school systems in
the country, should be able to open fully now too, especially
for these special needs kids. Thank you for your time.
[The prepared statement of Mr. Bush follows:]
Prepared Statement of Reade Bush
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
Chairman Sablan. Yes. Thank you, thank you very much for
your testimony, including some of your personal experiences
with your children Mr. Bush. Thank you. And now I'd like to
recognize Dr. Kovach. Do I get that right Dr. Kovach?
Ms. Kovach. Yes Kovach.
Chairman Sablan. OK, thank you. Yes, you now have five
minutes please.
STATEMENT OF DANIELLE M. KOVACH, Ed.D., SPECIAL
EDUCATION TEACHER, TULSA TRAIL ELEMENTARY SCHOOL;
HOPATCONG BOARD OF EDUCATION
Ms. Kovach. Thank you. Good afternoon, Chairman Sablan,
Chairman Scott, Ranking Member Owens, Ranking Member Dr. Foxx,
and Members of the Subcommittee. My name is Danielle Kovach,
and I am a third-grade special education teacher at Tulsa Trail
Elementary School in Hopatcong, New Jersey.
I am also the president-elect of the Council for
Exceptional Children. CEC is a professional association of
22,000 educators dedicated to advancing the success of infants,
toddlers, children, and youth with disabilities and/or gifts
and talents. And most importantly, I am the mother of three
boys, two of whom currently receive special education services.
And I am joining you from my basement that has been
transformed into a classroom for virtual learning. I would like
to start by thanking you for enacting emergency funds to
address acute needs in K through 12 schools, and for including
targeted funds for the Individuals With Disabilities Education
Act in the Rescue Plan Act.
My job is to ensure that my students receive a free and
appropriate public education in the least restrictive
environment. When our school went remote, we had no time to
prepare ourselves, or our students for virtual learning. With
their kids at home from school many parents could not work, and
some lost their jobs.
Several students did not have access to the internet.
Without access to school lunches children were hungry, and
there was the constant worry about COVID-19. It was the perfect
storm.
My grade level team and I rose to the challenge. We
collaborated through Google Meet and gave teacher-led mini-
workshops on how to navigate Google Classroom.
I watched and shared every webinar I could find that
offered credible information about effective teaching from a
virtual platform. CEC also provided a wealth of information,
especially through the CEC community, an on-line forum where
special educators from across the country can connect and share
ideas while teaching during the pandemic.
To support parents I resent their child's individual
education program, or their IEP, and I walked them through
agreed upon modifications to have a mutual understanding about
what we could do together to support their children. I created
a website for parents to engage with their children at home,
both academically and social-emotionally.
When a student in my class struggled with reading, my para
educator sat outside that student's home and read to her. We
went into this school year better prepared thanks in large part
to targeted emergency funding through the CARES Act.
All students and personnel now have devices and my school
district provided technology workshops and professional
development and developed a virtual hybrid learning schedule
and a plan for providing instruction for each student.
In-person instruction is much different now, but we have
adapted and innovated to ensure our students still receive what
they need. Gone from my classroom are the sensory corner and
learning stations. They have been replaced with individual
sensory tools.
Learning centers went from hands-on activities to
interactive activities in Google Classroom. My classroom
library went virtual, and so did our class treasure chest where
students can earn their rewards. We transitioned our cafe kids
cooking and life skills program to the cafe kids virtual food
network.
I continually worry about the impact of the pandemic on
student mental health and social-emotional development. I
constantly ask myself are my students getting enough? Am I
giving them everything they need? These questions are the
reason that I have not had a solid night sleep since March 13,
2020.
There is more that Congress can do to be sure the dollars
that have been invested have a lasting impact. We are deep into
an educator shortage crisis that predates the pandemic. This
crisis extends beyond personal shortages. Higher education
programs that prepare the Nation's special education workforce
are closing.
There is a shortage of faculty to support new special
education teacher candidates. And there is still much to learn
about teacher early retirement and the exodus from the educator
profession triggered by the pandemic.
ARP does provide flexibility to invest in educators in the
short-term, but I fear most districts will forego these
investments without sustainable funding to prevent layoffs when
the ARP funds run dry. To truly recover from the pandemic and
address long-term needs, many of which predate the pandemic,
Congress must fully fund IDEA.
One thing is for certain. Special education teachers like
all teachers, will do anything to help their students succeed,
but they could do so much more for so many more students with
sustainable investments. Thank you for having me here today to
share my story.
[The prepared statement of Ms. Kovach follows.]
Prepared Statement of Danielle M. Kovach
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
Chairman Sablan. Thank you very much Dr. Kovach, and I
also, oh it was when schools were just starting to open up face
to face instructions, there is a middle school here and visited
one of the teachers who happened to have a class, and then I
walked up to the library because this school was badly
devastated by a super typhoon, the second largest in the
Nation.
And I walked in, and I found two students with special
needs. And then in walked this individual who was a special ed
teacher who happens to be my son also, so it was a nice meeting
at a school campus but thank you very much for your--I'm
getting a message.
OK. So I'd like to next start the questioning with Mr.
Scott do you want to go first, or Mrs. Hayes? Jahana, Mrs.
Hayes please you have five minutes.
Mrs. Hayes. Mr. Scott were you going to answer?
Chairman Sablan. Right. Chairman?
Mr. Scott. I'd like to go first if possible.
Chairman Sablan. Yes.
Mrs. Hayes. No, I don't have any problems with the
Chairman.
Chairman Sablan. OK Chairman Scott you have five minutes
sir.
Mr. Scott. Thank you. I have to leave at 3:30 for another
meeting, so I appreciate it.
Chairman Sablan. Thank you Jahana.
Mr. Scott. First let me just say that democrats--the
comment was made earlier about following science. The democrats
have been trying to follow the CDC guidelines where we've
noticed that many of the guidelines require funding.
We first looked at according to the CDC, the community
spread, but also separation, including transportation which
means more money for transportation, proper ventilation, which
means many school systems have to fix their ventilation
systems, mask wearing and testing, and contract tracing
protocols which also cost money, and that money can be found in
the Rescue Plan.
And so the school districts should not have any problem
complying with the CDC guidelines and opening. Let me ask Mr.
Hager, we found in the Andrew F. Case that the Supreme Court
said that you couldn't get away with just any old kind of
services, you had to provide meaningful services based on the
capabilities of the student.
What implications does that have for the students going
back after the pandemic?
Mr. Hager. Well generally speaking Andrew F. sets a high
bar for the services that students with disabilities should be
expected to achieve, so as students are coming back with
disabilities, we need to catch them up. We need to be looking
at how far behind they are and make sure that they get the
services they need.
It has to be individualized. It can't be one size fits all,
that's another key principle of Andrew F. It has to be
individualized. Second, Andrew F. emphasizes the importance of
maintaining students in the least restrictive environment.
Students should be educated with their non-disabled peers to
the maximum extent appropriate.
Third, Andrew F. recognized the importance that an
education is not just about academics. It's also about the
emotional and behavioral needs, so as students return, we
cannot just look at educational loss. We have to also look at
the behavioral needs of these students.
Mr. Scott. Thank you. And Ms. Littleton can you say a
little bit about what we need to look at to deal with the fact
that Department of Education's Civil Rights Division, Office of
Civil Rights has pointed out that students with disabilities
are disproportionately subjected to exclusionary discipline
such as suspensions, expulsions, restraint, and seclusion.
What do we need to be looking at as students return to
school to avoid inappropriate discipline? What do we need to
do? Ms. Littleton, sorry?
Ms. Littleton. No sorry. I was having technical difficulty.
Thank you for your question, Chairman Scott. I believe that one
of the things that we need to look at, and you're correct that
there are certainly going to be you know an increase in
disciplinary issues as children that are coming back that may
have faced trauma, you know.
So I believe that the investment again in those multi-
tiered systems of support is a proactive approach for schools
to take, especially implementing positive behavior
interventions to supports as students come back. Of course, you
know, schools will need the funding to make sure that educators
and service providers have the training that is necessary for
that.
Michigan actually--Michigan's multi-tiered systems of
Support Technical Assistance Center is funded through Part D of
IDEA and is providing technical assistance to all states on the
utilization of multi-tiered systems of support. Our State has
been phenomenal in providing that education to become
educators, as well as families.
We actually conducted an education symposium for teachers
going back to school, and one of the focuses was to make sure
that we have effective learning environments as children return
to school and focused on social-emotional health, including
implementing those tools set forth with MTSS, and positive
behavior interventions and support.
Mr. Scott. I'm trying to get in another question. Just very
briefly.
Ms. Littleton. Yes.
Mr. Scott. For your organization, and the other two that
represent organizations, do you have--are you looking at the
spending? How the money from the Rescue Plan will be spent to
make sure it's appropriately being spent to deal with the
students with disabilities and others to eliminate achievement
gaps are actually being well spent?
Do you have the capability of reviewing that on a local,
especially on the local level?
Ms. Littleton. So on the local level we are looking at the
funding that's coming. Our center again is funded through part
of that Part D funding of IDEA that's coming through that was
provided through the American Rescue Plan. So we are looking at
that, and we're looking at how we're using those resources to
again support parent training and information, as well as
breaking with schools to promote you know things like multi-
tiered systems of support and assistance.
Mr. Scott. My time is way over. I just wanted Mr. Hager to
indicate whether his organization is looking at the money
coming in to make sure the budget is budgeting the money
appropriately?
Mr. Hager. Thank you. Thank you, Chairman Scott.
Mr. Scott. Could he just please?
Chairman Sablan. Yes Mr. Hager.
Mr. Scott. My time is expired, so if the witnesses in
written responses can just review what their organizations are
doing. Look, some of the school districts are getting massive
amounts of money, and we want to make sure everybody is--nobody
is being left behind, and achievement gaps are being
appropriately dealt with. Thank you, Mr. Chairman.
Chairman Sablan. Thank you, thank you Mr. Scott. Thank you.
Mr. Allen, I recognize Mr. Allen now for five minutes sir.
Mr. Allen. OK thank you Mr. Chairman, and thanks to our
witnesses and for the opportunity to talk about this important
issue facing our Nation today. Mr. Bush, I want to thank you
for your testimony. It's heartbreaking, but also inspiring to
hear how you and your wife have sacrificed for your kids and
fought for them.
It says in your bio that you have 17 years of experience as
an emergency medicine visit physician assistant. I was just
curious have you had to go into work during the pandemic?
Mr. Bush. Yes, sir I've worked some during the pandemic,
although doing a COVID testing center, however I was limited in
my ability to work because both of our kids require one to one
support to access their learning, and even though that is
supposedly guaranteed under IDEA and FAPE they were stuck
virtually at home all fall.
And so I had to sit home with my son individually. My wife
worked with our daughter individually. So it was hard for me to
provide medical support actually really to people during the
pandemic because I was stuck at home.
Mr. Allen. But you would have otherwise you would have been
there for your patients?
Mr. Bush. Oh absolutely. I actually, I've worked through
five pandemics. You know I understand that you know a lot of
teachers were concerned you know about going back initially.
But you know the reality is I was at a loss for why so many
teachers just seemingly couldn't return to help these kids,
especially in our school system.
There were some teachers individually that told me they
wanted to come back, you know, and work, but they were not
allowed to. But the irony is that you know there are just many
kids out there suffering, and there was nobody really in-person
to support them.
So we spent the last year basically with kids trying to
learn virtually which is really, really you know impossible,
almost impossible for many of these kids with special needs.
Mr. Allen. You said in your testimony that schools should
never be closed long-term again. Can you explain your
recommendation in a little more detail?
Mr. Bush. Yes. So I understand you know back at the
beginning of the pandemic there was a lot of unknowns,
uncertainties, and it was necessary to close schools down for a
while.
But after a while we--the science started to emerge, we saw
other school systems across the world opening up. and certainly
across the country we saw a lot of private schools opening up,
and really it was like why can't we open up these schools for
these kids?
For the kids with special needs as you mentioned, you said
you have a granddaughter that has special needs, and really
benefits from the physical therapy in the schools.
Mr. Allen. Yes.
Mr. Bush. It's the same for our kids and many other kids.
Physical therapy and occupational therapy, speech therapy,
those things just you know it's very hard to deliver them
virtually, so.
Mr. Allen. Yes. You need to know that we offered an
amendment when our Committee marked up the education provisions
of the so-called American Rescue Plan that would have required
states to provide students education savings accounts when
public schools refuse to reopen, that would allow parents to
use those funds in those accounts to pay for private school
tuition, and purchase additional education services and
materials for their students who were not allowed to go back to
school.
Would that have benefited your family?
Mr. Bush. Absolutely. We spent about $800.00 on home school
curriculum for our daughter, and for our son as he was
deteriorating psychologically and the doctor was saying he
needs in-person learning, and the school system was refusing to
give it to him, instead putting him in his classroom all by
himself.
We were desperate. I mean we just felt like we're in a
failing school system, and we really wanted to get him into a
private special needs school, but around here those schools
cost about $45,000.00 a year for one child. That would have
been almost $90,000.00 for both of our kids a year.
So absolutely, any funding would have helped for us to get
our kids the support, the learning that they needed because
they just couldn't learn virtually.
Mr. Allen. Right. Well unfortunately that amendment was
defeated, and that provision was not available. From your
standpoint, and obviously, you represent I mean you walk the
talk OK. Your real world, and like I said somehow these
intellectuals sometimes try to paint a different picture.
But well I'm out of time. Listen, thank you so much for
being here today. I really appreciate it and telling your
story. The nation needs to hear it. My Committee Members need
to hear it. And with that Mr. Chairman I will yield back.
Chairman Sablan. Thank you. Thank you very much Mr. Allen.
So now I recognize the very generous Mrs. Hayes.
Mrs. Hayes. Thank you, Mr., Chair, and thank you to all the
witnesses today for taking part in this very important hearing
that we're having. We all care very deeply about this
conversation, this topic.
Mr. Bush your story has resonated very personally with me,
and I want you to know that democrats do care, which is why we
voted for 122 billion dollars in education funding with 3
billion of that carved out specifically for special education
because we understood and recognized what was happened, and
that our children needed help.
So every single one of us voted for the package that sent
much needed relief. This week I met with students in my own
district at the Fresh Start School in Canton, Connecticut.
Fresh Start is a school that serves students on the autism and
related disordered spectrum, and it gives them a place to learn
and thrive.
Much of what I heard at Fresh Start is what is being echoed
in this Committee hearing today. I talked directly to the
children. I also know from my own time in the classroom, 15
years working with high need students in a Title 1 school
district, that those districts struggle more than others to
meet the needs of their students.
And this has only gotten worse with COVID. Part of the
issue, and we've heard this over and over, is that for many of
our students they receive all of their services at school,
which is all of these problems become school-based issues. We
have to make sure that community supports are there as well.
I also cannot move on without just once again as I say in
so many hearings that we hear over and over disparaging
comments about teachers unions. Teachers unions are teachers.
And the questions that they ask throughout this pandemic were
questions that address the safety of their children.
A school building is not equipped in the same was a medical
facility is, that is open to address medical emergencies that
has personal protective equipment and hand-washing stations,
and staff that are trained in universal precautions in all of
the things that are necessary for combating a pandemic.
So teachers raising those questions was not about teachers,
it was about their children. I can say that with fidelity as a
certified teacher. Ms. Littleton you mention in your written
testimony that you anticipate the consequences of this past
year will impact multiple marginalized students, such as
students of color with disabilities, the most in terms of long-
term consequences.
My question is can you provide us more details on how we
can prioritize these students and prevent long-term inequities
stemming from this pandemic, and how do we target assistance
toward districts that serve these marginalized children?
Ms. Littleton. Thank you for your question Representative
Hayes. I believe that it first starts with looking at the
family engagement is a really important piece, especially for
when you're working with families who have marginalized
backgrounds, whether it be students of color, in families
living in poverty, so training for educators and support staff
to really know and understand how to provide culturally
responsive practices when engaging families.
You know that means looking at the barriers that these
families have. These families have working parents who may be
outside of the home who couldn't assist with remote learning
while children were learning at home, so working around that to
find ways to support learning at home, finding ways to support
any emotional trauma that may be going on in the home, I think
is greatly important.
Also I have to be honest, hiring support staff and
educators who look like the people in the community is really
important. So I think working with higher education
institutions to really recruit and sustain people you know,
teachers of color, will be very beneficial.
Mrs. Hayes. And I understand that which is why I have
introduced legislation to both diversify the education
profession, and to save education jobs, which is all of those
support personnel that you're talking about, because I--like
you, appreciate what is happening on the ground in a practical
setting, and how all of these people are needed.
There was a pre-pandemic GAO study that indicated that
parents from low-income school districts are less likely to
file dispute resolution such as due process or mediation
because they don't really understand the process.
And I think this kind of speaks to what Mr. Bush talked
about, where parents are trained to advocate for their
children. My question was for Mr. Hager, and my time is about
to run out, so I'll ask the question and just ask that maybe
you submit the answers in written testimony.
Do you believe that when parents have sufficient
understanding of their rights, and sufficient access to
representation and support, how are they able to advocate and
provide meaningful access for their children? And what can we
do at the Federal level to make that part of the process more
equitable so that when parents are seeking services, every
parent knows how to access those services?
My time has expired, but I would appreciate if you
responded to that in writing and followup.
Mr. Hager. Thank you, Representative Hayes.
Chairman Sablan. Thank you, Mr. Hager, and thank you Mrs.
Hayes. Now I'd like to recognize who's going to go first, Ms.
Letlow or Mrs. Steel? Mrs. Steel is senior, hello, Ms. Letlow
has been here the whole time. Do you want to go? The two of you
flip a coin.
Ms. Steel. OK. Whoever goes first I'm fine Mr. Chairman. I
am one of the freshmen, so thank you for recognizing me, and
thank you Chairman, and thank you Ranking Member and all the
witnesses. I'm just so grateful that you all are here.
Mr. Bush thank you for sharing your testimony with the
Committee. Your family story, and what your children have gone
through is heartbreaking. It is sad and unacceptable that
school districts across this country turned their backs on
their most vulnerable children.
We had another hearing a little over a month ago about the
harm that has been done to vulnerable students over the last
year. Republicans invited the parent of a child with a
disability to that hearing as well, and she told us that she
was forced to find alternative private school options for some
of her children when her public school closed.
You mentioned that you would have done that had there been
open states and that you had been able to afford it. So Mr.
Bush, from what you know, what is that that these private
schools managed to safely reopen when your local public school
did not?
Mr. Bush. You know thank you for that question. I think the
private schools looked at the data last summer, and other
school systems and saw that schools were safely opening. And so
they thought outside of the box and figured out ways to make it
work, and they made it work.
And unfortunately, you know a lot of the private schools
have even more limited capacity than the public schools do, yet
they were still able to do it. But unfortunately, you know, the
public schools, even for the special needs kids where we live,
couldn't even figure out a way to get a small number of special
needs kids the highest priority special needs kids back to
school.
So you know meanwhile parents across our county with kids
with special needs are watching these kids in private schools
go back, so it just was very tragic to watch that happen.
Mrs. Steel. So you as a parent, that you know what the best
for your child is, or children. Why is having access to in-
person learning worth the risk?
Mr. Bush. I think you know once we knew the data, and that
the data that was especially among elementary kids, that
children really weren't spreaders, and that going back would be
safe. For us it was really important to get them back in
because we were seeing particularly with our son, significant
psychological you know decline.
So it was very important for us that he be back in an in-
person environment which is really important for autistic kids,
at least for him. I understand there's some parents that have
special needs kids and they think it's not you know safe for
them to go back and that's fine, but for the kids that need to
be back, and those parents want them back, you know it really
was important for schools to be open.
And we're still in a situation where our schools aren't
even open full-time.
Mrs. Steel. So do you feel like you have lost faith in your
local school officials, and you have two children who still
have another 10 years plus in this school district, so how can
you move in trusting their decisions?
Mr. Bush. Yes. I've heard from a lot of parents around here
that they've lost faith in the leadership of the school board
and the superintendent because as many people were crying out
to open up schools, especially as we saw the data coming along
that showed it was safe, both for teachers and for the kids,
and then ultimately even when the teachers were vaccinated, and
somehow in some cases the schools are still not opening.
You start to wonder OK well who are they looking out for
here. You know the kids are the ones who have no voice in this,
you know, who have been suffering. And you know when are we
going to open schools back up for these kids that really need
it? Not just the special needs kids, I'm talking about all
kids.
Mrs. Steel. Yes, that's the reason that my first speech on
the floor was let's open up all the schools because we set
aside enough budget for them. In CDC guidelines we need 25
billion dollars to open up all the schools, but last year
Congress set aside 72 billion dollars, but still it's not
really opened.
Especially living in California, I truly agree with you
because it's all shut down. So thank you very much for your
testimony, and I yield back Mr. Chairman.
Mr. Bush. Thank you.
Chairman Sablan. Yes, thank you very much Mrs. Steel. I'm
just somewhat now confused because we provided money so schools
could be safe and safely reopen, and now we're complaining that
some schools are not opening up. It is starting to open up, so,
I now yield to Mr. Yarmuth, Chairman Yarmuth, my best friend in
the Budget Committee you have five minutes sir.
Mr. Yarmuth. Thank you very much Mr. Chairman, and thanks
to the witnesses for their testimony. You know so much of the
last 14 months we've seen just the worst kind of politicization
of a national emergency. And both parties have done it, but you
know people involved in decisionmaking and trying to get
through this who I think have been unjustly criticized, and
this is kind of a continuation of Mrs. Hayes' comments.
I've been in more than 200 schools since I've been in
Congress, and I've been in dozens and dozens of special needs
classrooms. And I have to say that special needs teachers in
this country, certainly in my district in Kentucky, and I'm
sure everywhere are some of the greatest heroes that I've ever
been exposed to.
The range of issues that they have to deal with, with their
students, is just it's baffling to me how they can cope with
all the challenges that they face and in coming up with
individual plans for all of them. And so you know I think we
should be able to stipulate, republicans and democrats, that
nobody wanted this to happen.
That everybody wishes it hasn't happened. We've known that
for a long time, and even still today we still don't have total
information about what we're dealing with, and we're doing the
best we can for the most part.
And if Gavin Newsom in California takes more steps, and
then sets of steps and gets--has a recall election because of
it and Ron DeSantis does other things in Florida. My Governor
who I think has done an extraordinary job in almost every
aspect of fighting this now has a legislature who wants to
strip him of all of his emergency powers.
So I think you know we all ought to take a deep breath and
say first of all let's make the best that we can of a bad
situation. Mr. Bush your story is horrific. It was called
heartbreaking earlier. It truly is. But you know I don't know
how to run a school. I know there are lots of different people
in the school and I know they're all vulnerable.
And whether the kids are less vulnerable than older
Americans is probably not the only factor that determines
whether a school could open or not. As a matter of fact I know
it's not. So anyway, I'll just say let's vow to learn from this
the best we can, let's try to remediate the damage that's been
done, particularly to our kids.
And let's make sure we do better the next time and there
probably will be one. So Dr. Kovach I want to ask you what you
see in terms of relating to all of the remediation that's going
to have to be done with our kids, what can we do in terms of
particularly when people with IEP's and 504 plans have not been
able to get the services they needed for those and the support
they've needed.
What do we do with the funds that come out under the
American Rescue Plan to provide extended services, or
additional services are extended in terms of school? What would
be your recommendation?
Ms. Kovach. Thank you so much for that question. So you
know ARP was designed to provide additional supports too all
students, including our students with disabilities. So
recognizing that, we can anticipate some learning loss across
the board. I know that in my district we'll be offering the
extended school year for our students with disabilities who are
receiving services, and there's also plans in the works to help
students who are not receiving services who do have that
learning loss to help them again over the summer as well.
They're short-term fixes, but I strongly support the long-
term investments, like fully funding IDEA and addressing the
teacher shortage to provide students with disabilities the
supports that they are entitled to.
Mr. Yarmuth. Something that occurred to me was in terms of
trying to facilitate IEP's and 504 plans is it seemed like
feedback would be a real big problem. You know in terms of
developing those plans, if you're not getting the constant
feedback day to day in person, does that make things much more
challenging?
Ms. Kovach. Well my job is to educate my students in the
free and appropriate education in the least restrictive
environment whether it's virtual or it's in-person, and I can
say that I do get feedback from my students regardless of the
setting that we're in, and then taking that information and
making changes and adjusting their IEP is necessary.
So it really to me it doesn't matter what setting that
we're in. I'm able to get feedback from my students.
Mr. Yarmuth. Thank you. My time is expired.
Chairman Sablan. Thank you, Mr. Yarmuth, and talking about
feedback. Actually, to be very honest, I am getting--working
with staff who are 8,000 miles away from where I am, so ma'am,
amazing things are happening.
And so now I'd like to recognize Ms. Letlow. I was once in
your position, the last one. So please now you have five
minutes Ms. Letlow.
Ms. Letlow. Thank you, Chairman Sablan, Mr. Allen, Members
of the Subcommittee and witnesses, thank you for taking the
time to discuss the impact COVID 19 has had on students with
disabilities. This pandemic has been devastating to our
country's school system.
It's been a trying year for our teachers, students, and
working moms. And while Louisiana was one of the hardest hit of
states early in the pandemic, our school systems worked with
hospitals and healthcare professionals around the State to put
safeguards in place, so that almost all of our schools were
able to open last fall with a delayed start.
As I've traveled around all 24 parishes of my 5th District
of Louisiana, I've heard of the tremendous challenges our
teachers and students faces while they held classes remotely. I
believe it's a huge disservice keeping our children out of
school. Without in-person instruction there are significant
losses in learning, social skills, and mental health.
These challenges are even greater for students with
disabilities. These students need individualized learning and
care that cannot be replaced virtually. In fact, only 69
percent of households in Louisiana have reliable access to
internet, so students must result to learning by paper packets.
This is a serious problem.
Science has shown our students can be in school. Congress
has provided more than enough funding to schools so children
can safely return to the classroom. Mr. Bush you mentioned in
your testimony that your wife had to quit work to stay home and
home school your daughter.
There are millions of parents, and particularly women who
have had to make the same sacrifice. You also talk about the
medical challenges your son has faced. Would you mind sharing
more with us how the last nearly 14 months has impacted your
family?
Mr. Bush. Yes. I appreciate the question and condolences to
you and your family because I know this has struck you very
personally too. But yes, we've been devastated. This has just
been devastating to watch what's happened to our son
psychologically, to see him screaming and having
hallucinations, screaming on end for hours.
To think that he's jumping on a trampoline and think that
there's a cobra on his back. He was a normal--almost a normal,
so normal of a child last year, and at least he appeared so
normal that a lot of his teachers didn't even think that he was
autistic. And now he's a one to one, he requires one to one
support.
And the doctors have said to us all along the longer he's
not in school in an in-person learning environment and engaged
with teachers and peers, the more like that this will become
his permanent identity.
So now we are really concerned that our child who was
almost unrecognizably autistic a year ago, this could be his
permanent identity, having these hallucinations and stemming
constantly, it's just tragic, and it's been heartbreaking to
watch. And I know this is true for many, many other parents out
there with kids with special needs.
Ms. Letlow. Thank you so much for sharing your story and
the difficulties that you faced this past year, and I hope your
kids can return to school soon. Chairman I yield back my
remaining time.
Mr. Bush. Thank you.
Chairman Sablan. Thank you. Well thank you very much Ms.
Letlow. Mr. DeSaulnier sir you have five minutes please.
Mr. DeSaulnier. Thank you, Mr. Chairman, thank you to all
the witnesses. And I guess I'm a glass half full person, that
the challenges of COVID and all the suffering maybe there's an
opportunity here, particularly for this population.
So Mr. Hager and Ms. Littleton, I guess first let me say
that in California I have a good deal of experience in the
legislature and the local government. In the DD community we
have the history of Pat Brown, Governor Brown. And then Ronald
Reagan, and a combination of those things helping the DD
community and special needs folks.
But even in California never fully funding these programs
that work in public schools realizing that private schools
while they're different, and it's not apples to apples, but we
can learn from one another.
So coming out of COVID with all this pressure, with an
increase in the needs with autism and other issues, and because
of COVID, maybe you can talk about what you're seeing in
terms--and I had a bill, and I intend to reintroduce it to
provide more services for advocacy for both of you. And I hate
the litigious nature of this, but it's necessary in my view
because we've never fully funded or met our obligations to this
segment of the population.
So maybe you can help me understand how we can use this
opportunity perhaps, coming out even though there will be
greater needs to fully fund these programs in a way that works
for the clients. Mr. Hager and then Ms. Littleton.
Mr. Hager. Representative DeSaulnier the protection
advocacy system was created in the mid-70s because of horrible,
horrible exposes in institutional settings, and that was really
supposed to be the focus of the Protection Advocacy Network.
We came into existence almost the same time as IDEA went
into effect. So we had all these parents of children with
disabilities desperate for support, desperate for
representation, coming to the P&A Network.
So from the beginning we've had a tension between our
mission to protect individuals that are institutionalized, but
also this pressure to provide services to the families that are
at special ed threat. So we don't have any dedicated funding
for special ed advocacy.
We've used our other funding from other programs to do
that. So one of the things that would definitely help us is the
ability to get funding that would be dedicated to duly
education advocacy. As I said during my testimony, we have
obviously as everyone else has been stressed with trying to
meet the needs of families and parents that are not getting the
services they need.
And we know that it's going to increase as parents come
back because there's going to be so many families there in
desperate situations because the kids have lost so much. So we
definitely are anticipating additional need. Thank you.
Mr. DeSaulnier. And to your point before going to Ms.
Littleton, the history in California was it was an L.A. Times
series that got Governor Brown's attention, Governor Pat Brown,
and then came this historic bill here that was led by a
republican conservative Member of the State assembly.
But the revenue savings from for instance, selling a lot of
those institutions that were higher cost that didn't serve the
community well morally, ethically, or just from a cost
standpoint, never went back to reinvest in the savings.
And that was somewhat Governor Reagan's fault. Ms.
Littleton, I think you could add to the observations.
Ms. Littleton. Well similar to the P&A system, the parent
centers also began in the 70s through efforts from parent
advocates, and individuals with disabilities themselves. And so
the key component of the parent centers is to promote parent
advocacy, and we do that by educating parents and supporting
parents to understand the process.
So we find that if they are educated, they can work with
their school teams to get the supports needed for their
individualized child. IDEA is about individualism, and IEP is
going to be written specific to the needs of the specific
child. So we see spectrum disorders where one kid may need one
service, and another needs another one.
But if that parent can advocate for their child, then we
have seen great success, even through remote learning we've
seen great success with parents being able to advocate for
their children's needs.
So funding the parent training and information centers is
highly important so that we can continue to do that work and
supporting and educating parents and creating advocates among
parents and among individuals so that they can advocate for
themselves, because there will never be enough educational
advocates to support all families who need that supporting too.
Chairman Sablan. Thank you. Thank you very much. Ms.
Wilson, I skipped you, my sincerest apologies, but let me
recognize Mr. Keller for five minutes and then you're next. Mr.
Keller please you have five minutes.
Mr. Keller. Thank you, Mr. Chairman. I was pleased to see
that over half the population of Pennsylvania has had an
opportunity for at least one dose of COVID-19 vaccine. We are
clearly approaching the end of the emergency period of this
pandemic.
However, schools should have been opened long ago the
science is clear. School aged children are less likely to
transmit COVID-19 to others. The frontline workers, the
elderly, at-risk populations, and those with underlying health
conditions have largely been given access to the vaccine.
We need to be getting students back into the classroom so
they can take advantage of precious learning opportunities.
Only 46 percent of the schools are currently open for in-person
instruction which is unacceptable.
I thank you for sharing your story. I wish nothing but the
best for your family as we begin to get students back into
school full-time. Can you explain why many schools reopened
back in the fall of 2020?
Mr. Bush. So around where we lived there were many schools
that opened up as far as private schools that opened up. There
weren't really any public schools in the D.C. area that opened
up. But I know that there were schools in other states that
were opening up full-time, and that was quite a mystery to us
as how were these other school systems doing it and our school
system can't seem to do it?
Again, we are one of the most well-funded school systems in
the country. I was part of a group of parents advocating for
the return. We brought in a doctor from Harvard to help the
school system with ventilation. We did everything we could, but
we just kept hearing every month, month after month we've got
to wait another month, wait another month, wait another month.
And at some point, you see your kids suffering and it's
just like you know like you sort of throw your hands up and say
why can't we open the schools when so many other schools are
doing it successfully?
And so you know where we're at right now there is this
projected 12 million dollar surplus coming on to the end of the
school year, and that's before the American Rescue Plan, yet
the schools still are only open in a hybrid fashion, that's 2
days a week for the majority of the kids.
Monday is a remote day, and Tuesday through Friday are
shortened days where kids mostly go only 2 days a week. And so
to me it's a mystery that so many private schools have been
able to open up, and some other public schools in the country,
but our school system here, and a lot of the schools in the
D.C. area haven't.
Mr. Keller. Did they give you any specifics as to why
they've been so hesitant to reopen the Arlington County
schools?
Mr. Bush. I mean I think initially there was a lot of
concern about how the disease spread, and the safety for kids
returning, and I certainly understood that. But as I said,
there was a lot of systems that had the ability to do it. Then
we heard there were logistical issues, and most recently so
it's just too logistically complicated to open up the schools.
I think that's kind of selling you know, selling things
sort. The kids need schools to be open, and logistically you
know, it is again they opened up schools in Haiti last fall. If
they can open up schools in Haiti, why can't they open up
schools in Arlington, Virginia, one of the most well-funded
school systems in the whole country?
Mr. Keller. Yes, I would agree with that. And another
question I guess I would like to get your perspective on is
what do individual education programs or IEP's for students
with disabilities look like in the part-time schooling
environment you described?
Mr. Bush. Well for kids that have high number of hours like
30 hours of service, reduced school weeks being reduced hours
of services. And these are reduced learning hours that they
will never be able to get back. So and then as far as
application of things like PT and OT, speech therapy, these
things done over a virtual environment.
I'll say the speech therapist working with our kids has
really done a phenomenal job of trying to do it virtually, but
you know for the kids doing physical therapy, you just can't
replicate that in a virtual environment. And then certainly for
doing things like reading.
My son if you sit there and read next to him, he's engaged.
But when the teacher reads to him over an iPad, he's completely
unengaged. So reading, that's one of the reasons he's fallen
behind with reading is he just cannot engage virtually. So kids
with special needs, they don't have typical--a lot of them
don't have what we call typical brains, they're neural atypical
and it's very hard for them to engage with their IEP's.
So you know from a standpoint of IEP's in the law, of the
school systems really are not meeting the law for these kids
for their IEP's.
Mr. Keller. Well thank you for that and I wish that we can
get everybody back, but I'm hopeful that we can get everybody
back, all our students in the classroom so they can get the
education they need and deserve. With that I thank you and I
yield back.
Mr. Bush. Thank you.
Chairman Sablan. Thank you. Thank you, Mr. Keller. And now
the very patient, my apologies, Ms. Wilson please.
Ms. Wilson. No worries, Mr. Chair. I just want to remind
everyone that we are in the midst of a very serious pandemic.
And I live in Miami, and our schools are half open, half
closed, but it's parental choice. And those children who do go
to school they can't even go for a long period of time because
a quarantine happens in the school every week.
So they have to close down certain classes. So I have a
granddaughter who caught COVID because her mother's a
principal, and she tried to go to school with her, and she
brought COVID home to the whole family. So this is very
dangerous. This isn't something that we're just playing with
and deciding that schools must be closed.
People died. Grandmothers died because children brought the
COVID home. And so teachers had to be very cautious about this.
Our school district was very cautious. We tried to accommodate
our Governor who is not very well, who made the schools open,
but it didn't help because the children were back and forth
because of quarantine.
However, we passed the American Rescue Plan to try to
remedy all of this, so that all of our children could go back
to school, and not one single republican, Mr. Bush, voted for
the plan to help your children go back to school. All the
democrats had to do all of the work and pass this plan.
So I have lots of questions that I need to ask, so I'm
going to submit them for the record. But I do want to ask Ms.
Kovach now that we have 3 billion dollars in IDEA funding, what
other resources should we consider offering to ensure that the
social and emotional needs of students are met as they
transition back into in-person learning very carefully.
Ms. Kovach. Thank you so much for that question. And I do
want to say first that I think we can all agree that we do want
our students back in school, but I think we all do know that
school should be a place for students where they feel safe,
where they feel loved, and they feel cared for.
And I agree with you by saying you know COVID is dangerous,
and this is because of COVID and there are so many unknowns.
And I do have concerns about my students and their social
emotional health, and we do need to as we get back into school,
focus on our students.
We need to make sure that we are putting money into
personnel that can be equipped to handle our students. And this
is not just students with disabilities. This is students across
the board who are going to need assistance when they come back
into school, and they do now.
Also to provide teachers with the training on how to help
their students dealing with what they have been through over
this pandemic. So there's definitely you know those resources
alone, the training for teachers, more professionals in the
classroom to help them are certainly ways that we can help our
students as we transition back.
Ms. Wilson. Ms. Littleton would you please tell us more
about the experiences of low-income students with disabilities
who may have had limited access to technology or high-speed
internet, and how we can best support them as they transition
back.
Ms. Littleton. Well thank you for that question
Representative Wilson. Some of the barriers that we saw for
low-income students was again the lack of devices, lack of
access to internet and things like that and also a lack of
support to help them during remote learning.
So we did see in Michigan a lot of districts being very
innovative in the way that they service those students whether
it was recording lessons on a flash drive and sending that
home, so that they didn't need internet access. Whether it was
providing assistive technology and educational materials
through paper packet, where the parent could come and pick it
up, and then they also provided training on how to navigate
learning platforms, or how to work with children at home.
So I think investing in you know different ways,
innovative, creative strategies for educators to use to support
students would be very beneficial for low-income students as
well.
Ms. Wilson. OK Mr. Hager can you tell us why you think it's
important to provide an extended year of eligibility for
service under IDEA?
Mr. Hager. Well it's going to take a long time for students
to catch up. Thank you for the question Representative Wilson,
sorry, and for students who are nearing the edge of their
education eligibility it's probably going to need a good year
for them to catch up, so that is I think one of the important
things to look at.
Ms. Wilson. Thank you I yield back. I have questions for
the record to submit to the Committee Mr. Sablan.
Chairman Sablan. Thank you. All right, thank you Ms.
Wilson. I now recognize Mrs. McBath please, five minutes Lucy.
Mrs. McBath. Thank you so much Mr. Chair and thank you to
each of our witnesses for being with us today and helping us to
kind of really understand the impact that this pandemic has had
on our students with disabilities. And I know that we realize
that even though some students have been successful in a
virtual learning environment, you know, that's not the case for
everyone.
That's not the case for every student. And we need to
understand how best to support all of our students as they
transition back to the in-person classroom. In March this
Subcommittee, we had a hearing on what educational equity
should look like post-COVID-19.
And one of our witnesses at the hearing, it was Ms. Selene
Almazan, told us how the Department of Education's Secretary
Cardona reached out to the disability community within the
first week of his confirmation, and has worked with
organizations such as Center for Learning Equity, and we'll
call it COPA, and National Center for Learning Disabilities to
ensure students with disabilities are our priority in school
reopening plans.
Ms. Kovach because Secretary Cardona has really stressed
the importance of prioritizing returning students with
disabilities to the classroom as soon as it's safe to do so in
accordance with the public health guidelines, many school
districts across the country brought students with disabilities
back to the classroom even before other students were able to
do so.
So in fact this was the case for students in Cobb County,
in my district. Part of you know Cobb County which is in my
district. And when did your students actually begin to return
to in-person learning, and how was that transition? How has
that been so far for the students that you're taking the time
and effort to teach?
Ms. Kovach. Thank you so much for that question. My school
district, the entire district opened up in September, and for
students in general education they had an alternating A-B week
schedule, so where one group of students was in class, the
other group was hybrid.
For our students in special education which would be my
classroom as well, we came back because we have a smaller
group. We were in-person fully, and the goal was to have all of
our students in special education in school fully.
Unfortunately, within the first I think it was 7 days, my
class was the first that had to quarantine because of COVID
exposure. So from that time until now we have been in-person
quarantined, in-person and quarantined. So there definitely was
some inconsistencies for my students which was difficult to
adapt to, but we took each moment as a learning moment, and we
focused on the importance of our health and our safety.
We were not happy with the situation of going virtual, but
that was the world that we were in. And you know making sure
that my students were instructed in the technology that we were
using was key. And when it was safe for us to return to the
classroom we did so, and we tried very hard. We focused on the
positive.
And you know we're back in person now in a half day, and my
students are with me virtual from my classroom in the
afternoon. So I'm hoping, and I'm staying positive that we will
be able to stay in-person until the end of the school year.
Mrs. McBath. Well thank you for that. And I hope that does
really happen. And Ms. Littleton, the American Rescue Plan
provides significant Federal funding to districts for
elementary and secondary schools, about 130 billion dollars I
believe. And Congress was clear that these funds should be used
to address the academic, the social and emotional and mental
health impacts of the pandemic on our Nation's children's
students.
And so particularly with those groups of students that were
disproportionately impacted, and how do you think those funds
should be used to address students' needs?
Ms. Littleton. Thank you for that question Representative
McBath. Again speaking as not only you know the Director of a
parent training and information center, but also the parent of
three students who have experienced challenges during this
pandemic. I believe that investing in high school curriculums
that focus on acceleration of learning, not just recovery of
learning, but acceleration of learning is one step.
Also investing in hiring more educators as we face a
significant teacher shortage, you know, recruiting educators
back into the field to work with students, especially our
students who are receiving special education. And also,
professional development and training for current existing
support staff and professional educators on again implementing
the use of multi-tiered systems and supports will be so
beneficial because there are a number of different challenges
that students are going to face, whether they're learning
virtually, or and as they transition back into the classroom.
And in Michigan we are transitioning back into the
classroom and identifying the barriers that students have faced
from remote learning. And we are doing our best to address
those challenges with the additional funding. I think the
additional funding, especially for IDEA is important.
Mrs. McBath. Thank you for that, but my time, I yield back
the balance of my time if there's any.
Chairman Sablan. Thank you. Thank you, Mrs. McBath. And now
for the most patient Member of this Subcommittee Mr. Bowman.
Sir you have five minutes. Thank you.
Mr. Bowman. And I used to be a middle school principal, so
I know how to be patient, so thank you very much. And I'm
asking these questions and making my comments both as a parent
of three children, one with special needs, as a former middle
school principal, and as a public school educator for 20 years.
I just first want to acknowledge that you know I hate to
politicize anything relating to our children, but I think we
should acknowledge that when the Coronavirus first hit our
shores, the Administration did not take it seriously initially,
and if we did take it seriously and respond accordingly, maybe
we would have been able to get our schools open more quickly
and more safely, but unfortunately there was lag time, and
we're still seeing the ramification of those struggles.
So my question is to Dr. Hagar, Ms. Kovach, and Ms.
Littleton OK. I'm putting the three of you in charge of
designing the perfect learning environment for our children
when they return. I'm so excited that we passed the American
Rescue Plan, we have a lot of resources coming in.
But as you all know, as we all know, it's not just money.
It's about the design of the learning spaces. And you've all
mentioned things like individualization, social and emotional
learning, acceleration of learning, MTSS.
I would like you all to speak to and try to be brief
because I know we don't have as much time. Speak to what an
ideal learning environment might look like once we fully open
for our kids, assuming everyone is safe, and the resources are
there. We'll go Littleton, Kovach, Hager.
Ms. Littleton. Thank you Representative. I think the ideal
learning environment would be one that focuses on universal
design on equal learning and has staff who are fully trained to
support all students' needs, whether they be students who are
receiving special education, or our typical general education
students. So having a fully trained staff of educators and
support staff would be ideal.
Mr. Bowman. In 10 seconds, what is universal designed for
learning. Please tell us that.
Ms. Littleton. It is a technique that offers strategies for
teachers to teach learners of all abilities. So whether they
have a cognitive impairment, or behavioral issue, we are using
strategies and techniques that will help all students.
Mr. Bowman. Awesome. Thank you. Ms. Kovach?
Ms. Kovach. So I think that based on what we've been
through in the past, we need to look toward the future because
I think education will look very different, and one of the
things is access to technology for our students, especially for
our students with disabilities to have the assistive technology
that they need. Hopefully, we won't, but if the chance that we
need to go virtually again, that they do have that access that
they need to learn virtually and to be successful.
And also again, focusing on our students, their social
emotional learning and making sure that we have support for
them in way of personnel and also training for everyone to help
our students to be successful.
Mr. Bowman. Ms. Kovach what does focusing on social and
emotional learning look like? Can you give me a real concrete
specific look at that in the classroom in the school, in the
community?
Ms. Kovach. I can. Actually one of the things I do with my
students, and I brought it with me is we take a ``my full
minute,'' every half hour, in between transition, my students
have face cards where they are able to tell me how they're
feeling matching the face. And then what we can do to help them
keep going.
And honestly, sometimes it's just a student will have the
picture of I'm hungry. And I know, OK, I'm going to feed you.
And that plays into their social and emotional learning. If the
student is hungry, they're not going to be able to learn
because they're focused on their growling tummy.
So if something like this just to be in tune with how our
students are feeling, and then knowing what I can give them to
support them to make their education the best it could possibly
be.
Mr. Bowman. Thank you. Mr. Hager?
Mr. Hager. Thank you for that question. First of all we
have a lot of resources available in money. We need to get the
personnel on the ground. So the support specialists, the mental
health counselors, others that can provide that underlying
support for the students is a critical one.
We've heard about the lack of teachers. I would also say
that teacher training is critical. One of the things I've seen
over the years is that the students aren't really getting their
individualized needs met because many of the teachers don't
have the training to really know how to identify what is the
learning style for that child. What is it when a student is
acting out?
What does that behavior communicate? How can we address
that behavior in a way that's appropriate as opposed to using
punitive approaches, whether it's discipline, it's suspension,
or you stay in seclusion?
So the teachers need the training so that they can
appropriately interact with their students.
Mr. Bowman. I will yield back, thank you.
Mr. Hager. Thank you.
Chairman Sablan. Thank you, Mr. Bowman. So I'm going to
ask, I have several questions I want to ask the witness. Dr.
Kovach because you have alluded to this in more than one
instance. I was told with one set that I think it's educating
the mind, educating the heart is no education at all.
And I try to remind myself that I, and-- have to maybe
because I have two teachers in my family, we should be
celebrating the never-ending selflessness of our amazing
teachers. And so we have heard about how difficult distance
learning was for many teachers, parents, and most of all
students, particularly students with disabilities.
However, the pandemic has demonstrated that in some cases
remote learning can be an effective teaching tool. So what
lessons Dr. Kovach, what lessons can we learn about utilizing
remote learning and the ways that it could potentially improve
education in the future, particularly for our students with
disabilities?
Ms. Littleton. Thank you for that question. And the one
thing that I found over this pandemic, and of course with
education it's about building relationships. It's an entire
community in order to help our students. And you know in a
virtual world I've found that I've been able to connect with
parents more than traditionally.
So my virtual back to school night I had just about 100
percent participation. IEP meetings virtually, all parents were
there. Even our ways of communication now, just within this
meeting that we're having I've gotten four or five messages
from parents with questions on their student's homework.
So our ability to communicate has been heightened, and
building that family relationship as well, and parents being
able to reach out and feel comfortable asking for help you know
has really, I just love the bond that has brought us together,
because we're all you know, we're in different boats, but we're
in the same storm.
So it's really brought us together. And I have seen so many
successes with the virtual learning as well. It's not that we
have not had any. You know working in small group one on one,
even when the pandemic first started, and being able to work
with my students virtually, I've had students that have gained
you know levels in their reading because of you know us being
able to go back and forth one on one, so there is definitely
some progress as well.
Chairman Sablan. Thank you. Right and I can imagine being a
student, I'd probably like you a teacher, you have heart Ms.
Kovach. It's also halfway virtual. Also, actually if I may I
think we have two Teachers of the Year in this virtual room,
yes Dr. Kovach and Congresswoman Hayes, wow we're lucky.
So let me also ask Ms. Littleton, in your testimony you
talked about the challenges many parents face when implementing
components of their child's individualized education program,
their IEP plan at home. What ongoing supports do you think
would be helpful to aid, to assist, in the transmission back to
in-person learning?
Ms. Littleton. Thank you, Chairman Sablan. I believe that
the supports that will be successful to helping parents are
some of the things that we've seen Michigan do which is to
create trainings and webinars for families on implementing at
home teaching strategies, working on literacy, and then working
with schools as the children transition back into the building.
Also training provided by the parent training and
information center, including communicating with your school's
IEP team, making sure that your student has individualized
needs, working on dispute resolution if there is a situation
that comes up and that you don't agree with.
Our center offers one on one support to families to be able
to do this. So we have been fortunate enough to partner with
our Department of Education to really provide training,
information, resources to families as we all try to navigate
this pandemic.
Chairman Sablan. Thank you. Thank you very much. So that
basically concludes our Member questions. And so, I want to
first thank our witnesses, let me see, Mr. Hager, Dr. Kovach,
Ms. Littleton, and Mr. Bush. I want to thank our witnesses for
taking the time to share their experiences and expertise.
The compelling testimony we heard today shed a helpful
light on the wide range of challenges that students with
disabilities have endured during the pandemic. And it reminded
us that like nearly every consequence of the pandemic, this
challenge has existed long before COVID-19.
However, we also heard how for some students with
disabilities and their families, the pandemic and transition to
remote learning have revealed unexpected opportunities for
learning and collaboration.
Whether negative or positive, all of these experiences are
critical lessons, not only for future, national emergencies,
but to better understand how we can meet the needs of students
with disabilities moving forward.
I am pleased that today we identified some of the steps
that districts, schools, and educators must take to learn from
these lessons and uphold students with disabilities right to
free and appropriate education. As schools across the country
reopen for full-time in-person instruction, I look forward to
working with my colleagues to ensure that those students with
disabilities can access equal education opportunities and reach
their full potential.
And seeing no further business before this Subcommittee I
hereby adjourn and thank you again everyone for your patience.
Hold on. Hold on, I am getting a message here. OK. I've got
to do one more thing please thank you. Hold on. Now I have to
find it. Oh man. Please bear with me I'm working with staff who
are 8,000 miles away.
Mrs. Hayes. Just so the witnesses know, the Chairman will
get up at 3 a.m. sometimes to make our hearings, so we are
always happy to be patient with him. He makes every hearing
even though he's in a time zone halfway across the world.
Chairman Sablan. Yes, actually I started at midnight. I'm
trying to find something here. OK. I remind my colleagues that
pursuant to Committee practice materials for submission for the
hearing record must be submitted to the Committee Clerk within
14 days following the last day of the hearing, so by close of
business on May 20, 2021, preferably in Microsoft Word format.
The materials submitted must address the subject matter of
the hearing. Only a Member of the Subcommittee or an invited
witness may submit materials for inclusion in the hearing
record. Documents are limited to 50 pages each. Documents
longer than 50 pages will be incorporated into the record via
an internet link that you must provide to the Committee Clerk
within the required timeframe.
But please recognize that in the future that link may no
longer work. Pursuant to House rules and regulations items for
the record should be submitted to the Clerk electronically by
emailing submissions to [email protected].
Yes, so wow we did it in four hours. If there is no further
business without objection the Subcommittee stands adjourned.
Thank you everyone.
[Additional submissions by Chairman Sablan follow:]
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
[Questions submitted for the record and the responses by
Ms. Littleton follow:]
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
[Questions submitted for the record and the responses by
Ms. Kovach follow:]
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
[Whereupon, at 4:24 p.m. the Subcommittee was adjourned.]
[all]