QUESTIONS AND ANSWERS ON PROVIDING SERVICES TO 

CHILDREN WITH DISABILITIES DURING THE CORONAVIRUS 

DISEASE 2019 OUTBREAK

MARCH 2020

The Centers for Disease Control and Prevention (CDC) is responding to an outbreak of 

respiratory disease caused by a new coronavirus named coronavirus disease 2019 

(COVID-19). The CDC has issued interim guidance to help administrators of public and 

private childcare programs and K–12 schools plan for and prevent the spread of 

COVID-19 among students and staff. See Interim Guidance for Administrators of 

US Childcare Programs and K–12 Schools to Plan, Prepare, and Respond to 

Coronavirus Disease 2019 available at: https://www.cdc.gov/coronavirus/2019-

ncov/specific-groups/guidance-for-schools.html

This Questions and Answers document outlines states’ responsibilities to infants, 

toddlers, and children with disabilities and their families, and to the staff serving these 

children. During an outbreak of COVID-19, local educational agencies (LEAs) and early 

intervention service (EIS) programs will need to collaborate with their state educational 

agency (SEA), Bureau of Indian Education (BIE), or local public health department, as 

appropriate, to address questions about how, what, and when services should be 

provided to children with disabilities.

1 It does not create or confer any rights for or on 

any person. This Q & A document does not impose any additional requirements beyond 

those included in applicable law and regulations. The responses presented in this 

document generally constitute informal guidance representing the interpretation of the 

Department of the applicable statutory or regulatory requirements in the context of the 

specific facts presented here and are not legally binding. The Q & As in this document 

are not intended to be a replacement for careful study of the Individuals with Disabilities 

Education Act (IDEA), Section 504 of the Rehabilitation Act of 1973 (Section 504), 

Title II of the Americans with Disabilities Act of 1990 (Title II), and their implementing 

regulations. The IDEA, its implementing regulations, and other important documents 

related to the IDEA can be found at http://sites.ed.gov/idea. For more information on the 

requirements of Section 504 and Title II, and their implementing regulations, please consult 

https://www2.ed.gov/policy/rights/guid/ocr/disabilityoverview.html.

1 This document does not address when to dismiss a child or close a school or Part C state lead agency 

because school officials should work with their local health departments to make those decisions. School 

personnel and Part C EIS programs and providers, however, may consult the Centers for Disease Control 

and Prevention’s (CDC’s) guidance for recommendations regarding social distancing and school closure.

The CDC’s Web site contains information addressing both state and local public health officials and 

school administrators for school (K-12) responses to COVID-19 and resources for child care and early 

childhood programs. These documents, along with other recommendations, may be accessed at

https://www.cdc.gov/coronavirus/2019-ncov/community/index.html.
QUESTIONS AND ANSWERS ON PROVIDING SERVICES TO CHILDREN WITH DISABILITIES DURING A

COVID-19 OUTBREAK

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A. Implementing Part B of the IDEA and Section 504 during a 

COVID-19 outbreak

Question A-1: Is an LEA required to continue to provide a free appropriate public 

education (FAPE) to students with disabilities during a school closure 

caused by a COVID-19 outbreak? 

Answer: The IDEA, Section 504, and Title II of the ADA do not specifically 

address a situation in which elementary and secondary schools are 

closed for an extended period of time (generally more than 10 

consecutive days) because of exceptional circumstances, such as an 

outbreak of a particular disease. 

If an LEA closes its schools to slow or stop the spread of COVID-19, and 

does not provide any educational services to the general student 

population, then an LEA would not be required to provide services to 

students with disabilities during that same period of time. Once school 

resumes, the LEA must make every effort to provide special education 

and related services to the child in accordance with the child’s 

individualized education program (IEP) or, for students entitled to FAPE 

under Section 504, consistent with a plan developed to meet the 

requirements of Section 504. The Department understands there may be 

exceptional circumstances that could affect how a particular service is 

provided. In addition, an IEP Team and, as appropriate to an individual 

student with a disability, the personnel responsible for ensuring FAPE to a 

student for the purposes of Section 504, would be required to make an 

individualized determination as to whether compensatory services are 

needed under applicable standards and requirements. 

If an LEA continues to provide educational opportunities to the general 

student population during a school closure, the school must ensure 

that students with disabilities also have equal access to the same 

opportunities, including the provision of FAPE. (34 CFR §§ 104.4, 

104.33 (Section 504) and 28 CFR § 35.130 (Title II of the ADA)). SEAs, 

LEAs, and schools must ensure that, to the greatest extent possible, 

each student with a disability can be provided the special education 

and related services identified in the student’s IEP developed under 

IDEA, or a plan developed under Section 504. (34 CFR §§ 300.101 

and 300.201 (IDEA), and 34 CFR § 104.33 (Section 504)).
QUESTIONS AND ANSWERS ON PROVIDING SERVICES TO CHILDREN WITH DISABILITIES DURING A

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Question A-2: Must an LEA provide special education and related services to a child 

with a disability who is absent for an extended period of time because 

the child is infected with COVID-19, while the schools remain open?

Answer: Yes. It has long been the Department’s position that when a child with 

a disability is classified as needing homebound instruction because of

a medical problem, as ordered by a physician, and is home for an 

extended period of time (generally more than 10 consecutive school 

days), an individualized education program (IEP) meeting is 

necessary to change the child’s placement and the contents of the 

child’s IEP, if warranted. Further, if the IEP goals will remain the same 

and only the time in special education will change, then the IEP Team 

may add an amendment to the IEP stating specifically the amount of 

time to be spent in special education. If a child with a disability is 

absent for an extended period of time because of a COVID-19

infection and the school remains open, then the IEP Team must 

determine whether the child is available for instruction and could 

benefit from homebound services such as online or virtual instruction, 

instructional telephone calls, and other curriculum-based instructional 

activities, to the extent available. In so doing, school personnel 

should follow appropriate health guidelines to assess and address the 

risk of transmission in the provision of such services. The Department 

understands there may be exceptional circumstances that could 

affect how a particular service is provided. 

If a child does not receive services after an extended period of time, a 

school must make an individualized determination whether and to what 

extent compensatory services may be needed, consistent with 

applicable requirements, including to make up for any skills that may 

have been lost.

Question A-3: What services must an LEA provide if a public school for children with 

disabilities is selectively closed due to the possibility of severe 

complications from a COVID-19 outbreak?

Answer: If a public school for children with disabilities is closed solely because 

the children are at high risk of severe illness and death, the LEA must 

determine whether each dismissed child could benefit from online or 

virtual instruction, instructional telephone calls, and other curriculumbased instructional activities, to the extent available. In so doing, 
QUESTIONS AND ANSWERS ON PROVIDING SERVICES TO CHILDREN WITH DISABILITIES DURING A

COVID-19 OUTBREAK

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school personnel should follow appropriate health guidelines to assess 

and address the risk of transmission in the provision of such services.

The Department understands there may be exceptional circumstances 

that could affect how a particular service is provided.

If a child does not receive services during a closure, a child’s IEP team

(or appropriate personnel under Section 504) must make an 

individualized determination whether and to what extent compensatory 

services may be needed, consistent with applicable requirements, 

including to make up for any skills that may have been lost.

_____________________________________________________________________

Question A-4: If a child with a disability at high risk of severe medical complications is 

excluded from school during an outbreak of COVID-19 and the child’s 

school remains open, is the exclusion considered a change in 

educational placement subject to the protections of 34 CFR §§ 300.115 

and 300.116 and 34 CFR §§ 104.35 and 104.36.

Answer: If the exclusion is a temporary emergency measure (generally 10 

consecutive school days or less), the provision of services such as 

online or virtual instruction, instructional telephone calls, and other 

curriculum-based instructional activities, to the extent available, is not 

considered a change in placement. During this time period, a child’s

parent or other IEP team member may request an IEP meeting to 

discuss the potential need for services if the exclusion is likely to be of 

long duration (generally more than 10 consecutive school days). For 

long-term exclusions, an LEA must consider placement decisions 

under the IDEA’s procedural protections of 34 CFR §§ 300.115 –

300.116, regarding the continuum of alternative placements and the 

determination of placements.

Under 34 CFR § 300.116, a change in placement decision must be 

made by a group of persons, including the parents and other persons 

knowledgeable about the child and the placement options. If the 

placement group determines that the child meets established high-risk 

criteria and, due to safety and health concerns, the child’s needs could 

be met through homebound instruction, then under 34 CFR 

§300.503(a)(1), the public agency must issue a prior written notice 

proposing the change in placement. A parent who disagrees with this 
QUESTIONS AND ANSWERS ON PROVIDING SERVICES TO CHILDREN WITH DISABILITIES DURING A

COVID-19 OUTBREAK

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prior written notice retains all of the due process rights included in 

34 CFR §§ 300.500-300.520.

For children with disabilities protected by Section 504 who are 

dismissed from school during an outbreak of COVID-19 because they 

are at high risk for health complications, compliance with the 

procedures described above and completion of any necessary 

evaluations of the child satisfy the evaluation, placement and 

procedural requirements of 34 CFR §§ 104.35 and 104.36. The 

decision to dismiss a child based on his or her high risk for medical 

complications must be based on the individual needs of the child and 

not on perceptions of the child’s needs based merely on stereotypes or 

generalizations regarding his or her disability.

Question A-5: May an IEP Team consider a distance learning plan in a child’s IEP as 

a contingency plan in the event of a COVID-19 outbreak that requires 

the school’s closure? 

Answer: Yes. IEP teams may, but are not required to, include distance learning 

plans in a child’s IEP that could be triggered and implemented during a 

selective closure due to a COVID-19 outbreak. Such contingent 

provisions may include the provision of special education and related 

services at an alternate location or the provision of online or virtual 

instruction, instructional telephone calls, and other curriculum-based 

instructional activities, and may identify which special education and 

related services, if any, could be provided at the child’s home.

Creating a contingency plan before a COVID-19 outbreak occurs gives 

the child’s service providers and the child’s parents an opportunity to 

reach agreement as to what circumstances would trigger the use of the 

child’s distance learning plan and the services that would be provided 

during the dismissal.

Question A-6: What activities other than special education and related services may 

and may not be provided with IDEA Part B funds both prior to and 

during a COVID-19 outbreak?

Answer: IDEA Part B funds may be used for activities that directly relate to 

providing, and ensuring the continuity of, special education and related 

services to children with disabilities. For example, an LEA may use 
QUESTIONS AND ANSWERS ON PROVIDING SERVICES TO CHILDREN WITH DISABILITIES DURING A

COVID-19 OUTBREAK

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IDEA Part B funds to disseminate health and COVID-19 information 

that is specifically related to children with disabilities, to develop 

emergency plans for children with disabilities, or to provide other 

information (e.g., guidance on coordination of the provision of services 

in alternate locations as described in Question A-5) to parties who may

need such information, including school staff responsible for 

implementing IEPs, parents of eligible children, and staff in alternate 

locations where special education and related services may be 

provided. LEAs, however, may not use IDEA Part B funds to develop 

or distribute general COVID-19 guidance or to carry out activities that 

are not specific to children with disabilities (e.g., general COVID-19

activities for all children and staff). Additionally, LEAs may not use 

IDEA Part B funds to administer future COVID-19 vaccinations to any 

children, including children with disabilities. 
QUESTIONS AND ANSWERS ON PROVIDING SERVICES TO CHILDREN WITH DISABILITIES DURING A

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B. IDEA Part C and COVID-19 

Question B-1: Must a state lead agency continue to provide early intervention 

services to infants and toddlers with disabilities during a COVID-19

outbreak if the offices are closed?

Answer: If the offices of the state lead agency or the EIS program or provider 

are closed, then Part C services would not need to be provided to 

infants and toddlers with disabilities and their families during that 

period of time. If the lead agency’s offices are open but the offices of 

the EIS program or provider in a specific geographical area are closed 

due to public health and safety concerns as a result of a COVID-19

outbreak in that area, the EIS program or provider would not be 

required to provide services during the closure. If the offices remain 

open, but Part C services cannot be provided in a particular location 

(such as in the child’s home), by a particular EIS provider, or to a 

particular child who is infected with COVID-19, then the lead agency 

must ensure the continuity of services by, for example, providing 

services in an alternate location, by using a different EIS provider, or 

through alternate means, such as consultative services to the parent.

Additionally, once the offices re-open, the service coordinator and EIS 

providers for each child must determine if the child’s service needs 

have changed and determine whether the individualized family service 

plan (IFSP) team needs to meet to review the child’s IFSP to determine 

whether any changes are needed. If offices are closed for an extended 

period and services are not provided for an extended period, the IFSP 

team must meet under 34 CFR § 303.342(b)(1) to determine if 

changes are needed to the IFSP and to determine whether 

compensatory services are needed to address the infant or toddler’s 

developmental delay. 

Question B-2: What should a state lead agency or EIS program provider do to 

provide Part C services if its offices are open, but it cannot provide 

services in accordance with an infant’s or toddler’s IFSP during a

COVID-19 outbreak?

Answer: If the offices remain open, but Part C services cannot be provided in a 

particular location (such as in the child’s home), by a particular EIS 

provider, or to a particular child who is infected with COVID-19, then 
QUESTIONS AND ANSWERS ON PROVIDING SERVICES TO CHILDREN WITH DISABILITIES DURING A

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the lead agency must ensure the continuity of services, on a case-bycase basis and consistent with protecting the health and safety of the 

student and those providing services to the student. As an example,

the lead agency may consider providing services in an alternate 

location, by using a different EIS provider, or through alternate means, 

such as consultative service to the parent. Once services are fully 

resumed, the service coordinator and EIS providers for each child must 

assess the child to determine if the child’s service needs have changed 

and to determine whether the IFSP Team needs to meet to review the 

child’s IFSP to identify whether changes to the IFSP are needed. If the 

offices are closed and services are not provided for an extended 

period, the IFSP Team must meet under 34 CFR § 303.342(b)(1) to 

determine if changes are needed to the IFSP and to determine 

whether compensatory services are needed.

If an EIS provider cannot provide Part C services in the child’s home 

during a COVID-19 outbreak, but the EIS program or provider 

determines that it is safe to provide face-to-face Part C services in 

another environment such as a hospital or medical clinic, then the child 

could receive temporary services at the hospital or clinic. Additionally, if 

the lead agency or EIS provider determines that face-to-face Part C 

services should not be provided for a period of time, then the EIS 

provider or service coordinator may consult with the parent through a 

teleconference or other alternative method (such as e-mail or video 

conference), consistent with privacy interests, to provide consultative 

services, guidance, and advice as needed. However, determining how

to provide Part C services in a manner that is consistent with the most 

updated public health and safety guidance is left to the discretion of the 

lead agency and the EIS program and provider serving a particular 

child and family.

Question B-3: What activities other than service provision may and may not be 

provided with IDEA Part C funds both prior to and during a potential 

COVID-19 outbreak? 

Answer: IDEA Part C funds may be used for activities that directly relate to 

providing, and ensuring the continuity of, Part C services to eligible 

children and their families. The state may use IDEA Part C funds to 

disseminate health and COVID-19 information to relevant parties, 

develop emergency plans to support the provision and continuity of 
QUESTIONS AND ANSWERS ON PROVIDING SERVICES TO CHILDREN WITH DISABILITIES DURING A

COVID-19 OUTBREAK

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Part C services, or provide other information (e.g., how the lead 

agency staff or EIS programs or providers may provide alternate 

services or services in alternate locations as described in Question B2) to relevant parties who need this information. Relevant parties may 

include parents of eligible children, childcare centers, staff in other 

locations where early intervention services are provided, EIS programs 

and providers, and primary referral sources. Other activities that relate 

to service provision, including the provision of service coordination,

evaluations, and assessments, may also be funded. The state may not, 

however, use IDEA Part C funds to administer future COVID-19 

vaccinations as it is a medical service under 34 CFR §303.13(c)(3).