My team is working on a complaint investigation where we are dipping our toe into the “free” part of FAPE during the ongoing impact of the COVID-19 pandemic. We were wondering if any other states have addressed this in a complaint (or due process). I’ve l

My team is working on a complaint investigation where we are dipping our toe into the “free” part of FAPE during the ongoing impact of the COVID-19 pandemic. We were wondering if any other states have addressed this in a complaint (or due process). I’ve listed some of our specific questions below. We would appreciate any insights or if you are willing to share a decision that addresses anything similar. Has any state issued a decision related to COVID-19 allegations and remote learning that address the following. Context for the complaint: Both parents are working, district is doing all remote learning (no in-person), student is at a daycare during the school day and has significant challenges accessing instruction (e.g., logging into the zoom). 1. If the district has documented through the IEP that the student needs adult support (paraeducator/aide) throughout the day, is the district obligated to provide this adult support at the daycare the student is at during the day? a. Otherwise, the parent is in the position of losing her job to stay home and provide that adult support during remote learning. Would this contradict the free part of FAPE? 2. Is the district is obligated to address the location/learning environment the student is receiving services in as part of the “taking into consideration the students unique circumstances”? In this case, the learning environment is the student’s daycare.