Secretary of Education Requests a Waiver

May 5, 2020

The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) gave Secretary of Education DeVos the power to appeal to Congress if she believes waivers should be made to provide flexibility concerning IDEA.

This is her recommendation to Congress where she requests a waiver solely to address transition timelines for students turning 3 and receiving services in Early Intervention. Her request is to extend the transition evaluation timelines to accommodate for delays while FTF evaluations cannot be conducted. This specifically allows for evaluations to be delayed until FTF meetings and assessments are permitted. Her request also provides for toddlers to continue receiving EI services after their 3 birthday until evaluations can be completed and eligibility determinations made on the part of the receiving school district.  This waiver must be approved by Congress.

ISHA wanted the membership to be aware of Secretary DeVos’ request as it will impact school-based services and the EI providers should Congress approve the appeal.  ISHA will keep the membership up-to-date on the status of the appeal.