What Does the Novel Coronavirus Mean for Your Case?
COVID-19 has created a tremendous amount of uncertainty, and understandably so — not since the Spanish Flu has a pandemic so thoroughly interrupted our daily lives. This sobering state of affairs gives us a new perspective on how precarious our lives, and livelihoods, can be — even here in the United States. Before this, I am sure that many of us thought of ourselves as being protected from this kind of instability. If nothing else, then, I hope that this crisis pricks our collective conscience and spurs lasting, systemic reforms to our economy and healthcare system. Indeed, working parents had too much to worry about before this pandemic.
Yet the novel Coronavirus has injected still more anxiety, even permeating our little corner of the professional world. In the past week, I have received a number of anxious calls and emails from clients whose private schools have advised them to keep detailed daily and weekly logs of their child’s progress with distance learning. Many of these parents were deeply concerned. Between working from home (for the lucky), worrying about bills, and dealing with cabin fever, who has the time to maintain distance learning progress reports?
I agree. Life in quarantine is hard enough already.
Parents, Do NOT Feel Obligated to Keep a Record of Distance Learning
As far as I can tell, these “parent logs” did not originate directly from any of the private schools, but rather from special education lawyers advising the schools. This is well-meaning advice, and if you have the time to follow it, then by all means, do so. But to be perfectly frank, I think it's an unrealistic suggestion, and stems from the belts-and-suspenders approach typical to less confident attorneys.
For many parents, this type of work is incredibly stressful when added to the top of the other new roles they’ve taken on during the COVID closures. In the settlement offers I’ve been receiving from the DOE recently, I haven’t seen any indication that settlement will be contingent upon documentation of continued instruction or distance learning throughout the course of the school closures.
Denying tuition reimbursement to families due to school closures on a large scale would have huge implications. It would mean that parents are going to either default on tuition on a large scale, or pre-emptively remove their child from school. Both of these scenarios would put private special education schools — and, frankly, impartial hearing officers — out of business.
I don't think it's very likely that parents will be left holding the bag for tuition during the period of school closures.
When your child was attending school before it was closed, you were not expected to keep any kind of activity log. Now with your child at home, and yourself cast in the new role of constant caregiver, I refuse to add to your stress levels with unnecessary busy work.
If you’re able to keep logs without stress, then feel free to do so. If you’re not, don’t worry about it. My responsibility to my clients remains the same in either situation.
Marc Gottlieb
Partner
195 Montague Street
14th Floor
Brooklyn Heights, NY 11201
Marc@GottliebFirm.com
(646) 820-8506