Services to Students with Disabilities
The SCDE's Office of Special Education Services has developed and is continually updating resources, materials, and responses to frequently asked questions about providing special education to students with disabilities during the COVID-19 pandemic and statewide closure of schools. The below website includes information for parents, educators, and schools.
COVID-19: Services to Students with Disabilities Website
In the event of a severe pandemic, will the U.S. Department of Education allow flexibility for federal K-12 requirements or deadlines?
On March 17, 2020, Superintendent Spearman sent a letter to U.S. Department of Education Deputy Secretary of Education, Mick Zais, indicating South Carolina’s intent to suspend federally required assessments and giving notice of submitting additional accountability measure waivers. On March 20, 2020, the U.S. Department of Education released a form for states to request such waivers. The SCDE completed and submitted the waiver form on the same day, and the U.S. Department of Education reviewed and gave South Carolina approval to suspend assessments and waived certain accountability measures.
U.S. Department of Education Approval Letter
On April 21, 2020, Superintendent Spearman submitted a request to the U.S. Department of Education to waive section 421(b) of the General Education Provisions Act (i.e., the “Tydings Amendment”), to extend the period of availability of Fiscal Year (FY) 2018 funds for obligation until September 30, 2021. This request was due to widespread school and program closures and disruptions related to the Novel Coronavirus Disease 2019. Specifically, Superintendent Spearman requested a waiver to extend the period of availability for obligation of FY 2018 State grants authorized by Title I of the Carl D. Perkins Career and Technical Education Act of 2006 (Perkins) and FY 2018 State grants authorized by Title II of the Workforce Innovation and Opportunity Act, the Adult Education and Family Literacy Act (AEFLA). On April 29, 2020, the U.S. Department of Education approved the request.
If you have any comments related to this waiver, you may submit them to Angel Malone (Perkins) at amalone@ed.sc.gov and/or Michael King (AEFLA) at mrking@ed.sc.gov.
On October 27, 2020, the United States Department of Education granted the South Carolina Department of Education’s (SCDE) request to waive the requirement in section 4201(b)(1)(A) of the ESEA that restricts activities provided by a program funded under the Nita M. Lowey 21st Century Community Learning Centers (21st CCLC) program to activities provided only during non-school hours or periods when school is not in session (such as before and after school or during summer recess). This waiver enables the SCDE to approve a 21st CCLC subgrantee to provide supplemental activities when school is in session but students are not receiving in-person instruction, such as by permitting a teacher to provide additional academic supports during remote learning. This approval, which is only granted for the 2020–21 school year, provides local programs with more flexibility to meet community needs related to COVID-19 by allowing for the use of 21st CCLC funds to support programming during virtual learning. Further, this waiver requires that modified programming align with the spirit of the subgrantee’s original approved application and is supplemental in nature.
If you have any questions regarding this waiver, please contact Joyce Patterson, 21st CCLC Team Leader, at jypatterson@ed.sc.gov.
U.S. Department of Education Approval Letter
The South Carolina Department of Education (SCDE) is requesting public input on a proposed waiver to seek additional flexibility under the Student Support and Academic Enrichment Grant Program (Title IV, Part A). As required by the Every Student Succeeds Act (ESSA), the SCDE must provide public notice and give an opportunity for public input on the waiver request.
Due to the extraordinary circumstances created by the COVID-19 pandemic, for which a national emergency has been declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, and pursuant to the authority granted under section 8401(b) of the ESEA, the United States Department of Education is inviting States to request a waiver, on behalf of local educational agencies (LEAs), of one or more of the following requirements in Title IV, Part A of the ESEA:
- Section 4106(d) of Title IV, Part A of the ESEA, related to LEA needs assessments for the 2020-2021 school year
- Section 4106(e)(2)(C), (D), and (E) of Title IV, Part A of the ESEA, with respect to content-area spending requirements for Federal fiscal year (FY) 2020 Title IV, Part A funds
- Section 4109(b) of Title IV, Part A of the ESEA, with respect to the fifteen percent spending limitation for technology infrastructure for FY 2020 Title IV, Part A funds
As a result of this health crisis, schools and communities are facing unprecedented obstacles, and the SCDE believes that by providing additional flexibilities in the use of Title IV, Part A funds, student academic achievement will be advanced by helping schools address their critical needs. Please send your comments to Dr. Sarah Longshore at sclongshore@ed.sc.gov.
