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Monthly publication addressing recent legal developments in school law.

Department of Public Instruction Updates COVID-19 Special Education Guidance

Boardman Clark previously reported on the Department of Public Instruction’s (“DPI”) guidance document COVID-19 Special Education Question and Answer Document (“Question and Answer Document”): Guidance for Public School Districts Serving Students with Disabilities During the Current Closure Related to COVID-19 and Department of Public Instruction Updates COVID-19 Special Education Guidance. DPI published several recent updates to the Question and Answer Document with new information regarding compensatory or recovery services, requests for education records, evaluations, extended school year, use of the “I-10,” planning for additional school closures, and in-home special education services. The updates to the Question and Answer Document are summarized below and the full version of DPI’s guidance may be found here: COVID-19 Special Education Question and Answer Document.

ESSER Funds for Construction Come With Strings

Many districts are contemplating using ESSER Funds for certain building, remodeling, or related projects. While districts have the ability to use ESSER Funds on such projects, districts should be aware that the use of ESSER Funds, in whole or in part, for construction, alterations, or repairs of public buildings requires compliance with the federal Davis-Bacon prevailing wage law for projects of $2,000 or more.

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