Default In-Person Special Education Rules

Summary#

This bill changes the rules for the Atlantic Provinces Special Education Authority (APSEA), which runs centers and programs for students with special learning needs across the Atlantic provinces. It makes in-person teaching the default, sets limits on online learning, and lets the provincial Cabinet pause in-person classes during emergencies.

• In-person education becomes the standard at APSEA centers and programs.
• Online learning is allowed only if the superintendent and the parent or guardian agree to an individual education program (IEP), which is a written learning plan, that includes it.
• The provincial Cabinet (Governor in Council) can order a pause on in-person education for up to 90 days and can renew that order.
• The bill applies to APSEA’s centers and programs, not to all public schools.

What it means for you#

• Families and students who use APSEA services

  • Expect in-person services as the norm, including teaching, therapy, and use of specialized equipment.
  • If you want online or hybrid learning, you will need an IEP that says so, and both the superintendent and you (as parent or guardian) must agree.
  • If there is an emergency (like a public health issue or severe weather over time), the government can temporarily move programs away from in-person for up to 90 days at a time.

• Educators and staff at APSEA

  • Day-to-day work will focus on in-person instruction and services.
  • Online delivery can be used when it is part of an approved IEP with parent/guardian agreement and superintendent approval.
  • Be prepared for possible short-term switches away from in-person if the government issues an order.

• Partner schools and service teams

  • Planning should assume in-person APSEA supports.
  • Remote supports will require an IEP that includes them and agreement by the superintendent and the parent or guardian.

Expenses#

No publicly available information.

Proponents' View#

• In-person learning is essential for many APSEA students who need hands-on support, sign language instruction, braille, orientation and mobility training, and access to specialized tools.
• The bill sets clear guardrails so online learning does not become the default for high-needs students.
• It still allows flexibility: families and the superintendent can agree to online or hybrid learning when it fits a student’s IEP.
• The emergency power lets the government act quickly to protect health and safety, while the 90‑day limit prevents open-ended closures.

Opponents' View#

• The rule may be too rigid and limit family choice if the superintendent does not agree to online or hybrid plans that parents want.
• Some students do well with remote learning or cannot attend in person due to health, distance, or anxiety; making in-person the default could make access harder for them.
• Requiring Cabinet orders for more than 90 days could create uncertainty during long emergencies and make schooling decisions feel political.
• Extra approvals may add paperwork and delays to set up remote supports, which can slow help for students.
• The agreement is between the superintendent and parent or guardian; critics may say it does not clearly include the broader IEP team or the student’s voice.