News & Notes

COVID-19 Information related to the Education of Students with Disabilities

Updated as of June 8, 2020 (10:00 am)

Note: emphasis added by A2IDEAS

A2IDEAS has compiled an overview list of the related guidance and communication provided by the U.S. Department of Education – Office of Special Education and Rehabilitative Services (OSERS), the Michigan Governor’s Executive Order, the Michigan Department of Education (MDE), and our local Washtenaw Intermediate School District (WISD).

From The Report to Congress of U.S. Secretary of Education Recommended Waiver Authority  (US DOE April 27, 2020)

  • U.S. Department of Education reaffirmed long-held position that individualized education must take place for all students, including students with disabilities.
  • The Secretary made no recommendations to Congress for any additional waiver authority concerning the Free Appropriate Public Education (FAPE) and Least Restrictive Environment (LRE) requirements of the Individuals with Disabilities Education Act (IDEA).
  • The report reiterated that learning must continue for all students during the COVID-19 national emergency.
  • It was determined there is no reason that a student’s access to FAPE cannot continue online, through distance education or other alternative strategies.
  • Core principles kept at the center of the decision include:
    1) The health and safety of America’s students, teachers, parents, and administrators is a top priority.
    2) Learning must continue for all students.
    3) Decision-making must be based on what is best for students, not the “system.”
    4) Parents must be informed about the impact waivers will have on their children’s education and consent to those changes.
    5) Services typically or historically provided in person must naturally occur differently.
  • The Secretary did recommend a narrow waiver that would extend the evaluation timeline for children making the transition from federal special education services for infants and toddlers (under Part C of IDEA) to those for school-age children (under Part B) saying, “Without this flexibility, a toddler with a disability will lose access to services once he or she turns 3 years old.”

 

From The United States Department of Education Supplemental Fact Sheet “Addressing the Risk of COVID-19 in Preschool, Elementary and Secondary Schools While Serving Children with Disabilities  (OSERS March 21, 2020)

  • OCR and OSERS addresses serious misunderstanding reminding schools they should not opt to close or decline to provide distance instruction, at the expense of students, to address matters pertaining to students with disabilities.
    • “To be clear: ensuring compliance with the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act (Section 504), and Title II of the Americans with Disabilities Act should not prevent any school from offering educational programs through distance instruction.”
  • School districts are reminded of the provision of providing a free and appropriate public education (FAPE) which may include, as appropriate, special education and related services provided through distance instruction provided virtually, online, or telephonically.
  • Referencing the guidance issues on March 12, 2020, OSERS mentions IEP teams must make individual determination whether and to what extent compensatory services may be needed when schools resume normal operations.
  • Clarification of responsibilities under IDEA timelines is also outlined (p. 4-5).

 

From The US DoE Office for Civil Rights Fact Sheet (OCR March 16, 2020)

Referencing Students with Disabilities at  Elementary and Secondary Schools:

  • If a school district closes its school and does not provide any educational services to the general student population, then a school would not be required to provide services to students with disabilities during that same period of time.
  • Additionally, IEP Teams are not required to meet in person while schools are closed.

 

From The Dept of Ed Questions and Answers on Providing Services to Children with Disabilities During The Coronavirus Disease 2019 Outbreak (OSERS March 13, 2020)

  • If an LEA closes school due to COVID-19 and does not provide educational services to the general students population, then an LEA would not be required to provide services to students with disabilities during that same period of time.
  • Once school resumes, it is up to the determination of an individual student’s IEP team as to whether compensatory services are needed.
  • If an LEA continues to provide educational opportunities to the general student population during a school closure, the school must ensure that students with disabilities also have equal access to the same opportunities, including the provision of FAPE.

 

On a State of Michigan level –

Re: Provision of K-12 education during the remainder of the 2019-2020 school year
(rescinds the prior Executive Order No. 2020-35)
  • Suspends in-person K-12 instruction for the remainder of 2019-20 school year.
    – For districts implementing a Continuity of Learning and COVID-19 Response Plan (“CoL Plan”):
    * student count suspended for the period beginning March 11, 2020 and ending on the last day of the 2019-20 school year;
    * instructional hour requirements/days are temporarily suspended for up to the first 6 days, plus an additional 13, and 5 additional days for CoL Plan development; and
    * districts with an approved CoL Plan are considered to be operating a Department-approved alternative education program or other innovative program for the remained of 2019-20 school year.

Specific information related to Special Education is found in Sec. VI (page 16):

  • (Subpart 1): Districts shall strive in good faith and to the extent practicable, based upon existing resources, technology, training, and curriculum, as well as the circumstances presented by any state of emergency or state of disaster, to provide equal access to alternative modes of instruction to students with disabilities for the remained of the 2019-20 school year from birth through age 26. This includes the provision of auxilliary services under section 1296 of the School Code, MCL 380.1296.
  • (Subpart 2): While either the COVID-19 states of emergency or disaster, or both, continue, districts shall comply with the guidance from the United States Department of Education (“USDOE”), including its Office of Civil Rights and Office of Special Education and Rehabilitative Services (OSERS), and the Department concerning the delivery of alternative modes of instruction to students with disabilities in light of the impact of COVID-19.
  • (Subpart 3): Districts shall, to the extent practicable and necessary, make individualized determinations whether and to what extent compensatory services may be needed for pupils after the school closure period prompted by the COVID-19 state of emergency and/or state of disaster ends.
  • (Subpart 5): Requests for interpretation, guidance on implementation, flexibility, or waivers to USDOE were included related to requirements to provide instruction without reconvening or amending individualized education plans (“IEPs”) or Section 504 plans; delivery of direct and consultative related services (including OT, PT, SLP, SSW, TC, and other services and supports) without reconvening or amending individualized education plans (“IEPs”) or Section 504 plans; Complete IEPs and Section 504 plans online, either by telephone conference or video conference, if the parents or guardians involved have access to the technology and agree to the alternative means of participation; Complete annual or otherwise due IEPs online, either by telephone conference or video conference, with those IEPs being considered timely if they are completed by the end of the 2019-20 school year; consider whether a student should be provided compensatory education for pupils after the school closure period ends, based on applicable law and guidance, no later than the first annual IEP meeting of the 2020-2021 school year; Consider compensatory education for pupils who are more likely to qualify for compensatory education through IEP amendments, with the authority to complete those amendments online, either by telephone conference, virtual meetings, or other existing technology; Other requests the Department deems necessary to facilitate the delivery of alternative modes of instruction with equal access.
  • (Subpart 6): The order does not require that an IEP be amended.

 

Michigan Department of Education (MDE) on May 20, 2020 issued updated Guidance for Compliance with the Individuals with Disabilities Education Act (IDEA) and the Michigan Administrative Rules for Special Education (MARSE) During the COVID-19 Pandemic.

The 27-page guidance document is the second version released since April 10,2020. The MDE provides common language, description of terms, and presents information in a Q-and-A format.

  • The IDEA and MARSE require districts to provide special education and related services to students with individualized education programs (IEPs) regardless of the challenges of the COVID-19 pandemic and public health emergency.
  • When adhering to the requirements of IDEA and MARSE, districts are encouraged to consider whether an activity can occur via telephone or virtually. Many requirements can continue to be met in this manner.

TERMS (pg. 3-4)

  • Continuity of Learning Plan (CLP): a district plan to detail the way in which the district will provide and support educational instruction to all enrolled students. This plan should include additional strategies to target children who may be English Language Learners, those eligible under the McKinney-Vento Homeless Assistance Act, socioeconomically disadvantaged, and those eligible under Section 504 and the IDEA and MARSE.
  • Contingency Learning Plan for Students with IEPs: For each student with an IEP, the current or most recent IEP is the offer of free appropriate public education (FAPE). The district is encouraged to determine the programs and/or services that it is able to provide given Governor Whitmer’s Executive Order 2020-35, through the contingency learning plan. The contingency learning plan will be in effect for the remainder of the 2019-20 school year.
    • Staff should consider accessibility, including accommodations and modifcations
    • To the greatest extent possible, keep equity at the center of the work to develop the individual contingency learning plans
    • Document effort:
      • Focused;
      • Consistent;
      • Detailed; and
      • Demonstrates good faith effort to provide programs and/or services to students with an IEP.

(Part A) SPECIAL EDUCATION REGULATORY QUESTIONS

SPECIAL EDUCATION & RELATED SERVICES (pg. 4-13)

  • When school buildings are closed as a result of the COVID-19 pandemic, districts are to implement a continuity of learning plan. Districts also must ensure each students with an IEP has equal access to the same opportunities, including and to the greatest extent possible, a FAPE.
  • The services and supports in a child’s current or most recent IEP, prior to the implementation of the district’s continuity of learning plan, reflect the traditional educational environment.

GENERAL EDUCATION ENVIRONMENT (pg. 4-5)

  • All services and supports are intended to support the child both in accessing the general education curriculum and participating with their nondisabled peers, to the maximum extent appropriate. A district’s continuity of learning plan should be considered the general education curriculum in place under these circumstances.
  • The child’s IEP team is encouraged to develop an individualized contingency learning plan to enable the child to:
    1) advance appropriately toward attaining the child’s annual IEP goals.
    2) be involved in and make progress in the general education curriculum (in this instance, the district’s continuity of learning plan), or appropriate activities for children ages 3-5.
    3) participate in extracurricular and other nonacademic activities; and
    4) be educated and participate with their nondisabled peers to the maximum extent appropriate in all of these activities, or in this instance, participate in the continuity of learning plan along with their nondisabled peers.

SPECIALLY DESIGNED INSTRUCTION (pg. 5-6)

  • A child’s IEP team is encouraged to consider the definition of specially designed instruction in the context of a district’s continuity of learning plan. “Specially designed instruction” means adapting, as appropriate to the needs of each exceptional child, the content, methodology or delivery of instruction for the following purposes:
    1) to address the unique needs of the child that result from the child’s exceptionality; and
    2) to ensure access of the child with a disability to the general curriculum (in this instance, the district’s continuity of learning plan), so the child can meet the educational standards.
  • The child’s IEP team is encouraged to consider related services in the context of what specially designed instruction (special education services) means within the district’s continuity of learning plan.
  • Related services are developmental, corrective, and supportive services required to assist a child who has been identified as a child with an IEP to benefit from special education services.
  • Lastly, a child’s IEP team is encouraged to consider supplementary aids and services, program modifications, and supports for school personnel “to enable children with disabilities to be educated with children without disabilities to the maximum extent appropriate,” or in this instance, to participate in the district’s continuity of learning plan with their nondisabled peers.
  • Districts must provide a FAPE consistent with the need to protect the health and safety of students with IEPs and those individuals providing the education, specialized instruction, and related services to these students. In this unique and ever-changing environment, these exceptional circumstances may affect how all educational and related services and supports are provided. A FAPE may include, as appropriate, special education and related services provided through a continuum of instruction opportunities that may be provided virtually, through instructional materials sent home, or telephonically, etc. (OCR and OSERS Supplemental Fact Sheet, March 2020).

COMPENSATORY EDUCATION – Resuming Normal Operations Next School Year (pg. 6)

  • When districts resume normal operations, IEP teams will need to review individual student IEPs to determine whether changes are needed as a result of the extended absence from school. An IEP team may consider using informal assessments or screenings to determine whether there have been changes in a students’ performance and educational need.
  • Where, due to the COVID-19 pandemic and resulting closures of school buildings, there has been an interruption in providing IEP services, IEP teams must make an individualized determination whether and to what extent compensatory education may be needed when districts resume normal operations in consultations with parents.
  • Information needed to make this determination will likely not be known until after the interruption in services has ended. Thus, the most appropriate time for the IEP to determine the need for compensatory education or the need for the review and revision of a student’s IEP will be when districts return to normal operation.
  • The Michigan Department of Education will provide further guidance regarding compensatory education at a later date.

IEP AMENDMENTS (pg. 7)

  • In the context of the district’s continuity of learning plan, the district must look at each student’s IEP and address how it can provide education ad related services for the student. Districts are encouraged to utilize a contingency learning plan, which is based on the special education and related services the district is able to provide in light of the circumstances. MDE guidance is this should not require all student IEPs be amended.

PRIVACY (pg. 7)

  • Confidentiality concerns are addressed. In its document titled FERPA and Virtual Learning Related Resources March 2020, the Department of Education Student Privacy Policy Office (SPPO) reiterates FERPA is the federal law that protects the privacy of personally identifiable information (PII) in students’ education records. The SPPO references the 2003 Letter to Mamas, which established that observation is not part of an educational record and therefore not a violation of FERPA or confidentiality so long as the provider is not sharing information from a student’s educational record.
  • It is noted that best practice strategies may include having intentional conversations with families regarding student privacy while developing the contingency learning plan.
  • It is permissible to provide services to a child with an IEP through video conferencing with only one student and one staff member present. Nothing in IDEA or MARSE prohibits one-on-one (1:1) video conferencing.
  • Districts are encouraged to utilize each student’s contingency learning plan to document these decisions.
  • Administrators are encouraged to consider precautions, such as asking a parent to join the child or be in the same space with the child when the child is receiving 1:1 service.
  • Any video recordings maintained by the district that contain information directly relating to the student could be considered education records under the Family Educational Rights and Privacy Act (FERPA; 34 C.F.R. § 99.3).

TIMELINES – Initial Evaluations (pg. 8)

  • MARSE requires a district to complete an initial evaluation within 30 school days of the date the district receives written parental consent for evaluation of the child. Exceptions to this requirement are specified in 34 C.F.R. § 300.301(d)-(e).
    1) The MDE interprets the 30-day timeline requirement in light of the COVID-19 pandemic as follows: For the period beginning March 16, 2020, the days districts were closed due to the COVID-19 pandemic and were not providing any services to the general student population are not counted in the 30-school-day timeline.
    2) For the days when school buildings are closed but instruction has resumed through continuity of learning plans, those days will be counted as school days.
  • Requests for timeline extensions must not become a standard practice nor may standard language regarding the COVID-19 pandemic or school building closures be inserted into every prior written notice when seeking consent to evaluate. The agreement [with parents] must be in writing and include specific extension of time measured in school days.

TRANSITION FROM PART C to PART B – by third birthday (pg. 9)

  • There is no exception to the requirement that an IEP be developed and implemented by the third birthday of a child participating in Part C programs and who will participate in Part B preschool programs.
  • To accomplish this, teams may conduct meetings virtually via telephone or videoconference, but are reminded of the IDEA requirements to establish a mutually agreeable time and place. Therefore, when a parent is not able or is unwilling to participate virtually, the IEP team may need to delay the meeting.

REVIEW & REVISE IEPs – Annual (pg. 10)

  • 34 C.F.R. § 300.324(b)(1)(i) requires each district to ensure the IEP team reviews the child’s IEP not less than annually to determine whether the annual goals for the child are being achieved and to revise the IEP as appropriate to address any lack of expected progress toward the IEP goals and in the general education curriculum. There is no exception to this annual requirement.
  • To accomplish this, teams may conduct meetings virtually via telephone or videoconference. Any required IEP team members who are unable to attend may be excused by written consent of the parent or written agreement between the parent and the district pursuant to the procedures outlined in 34 C.F.R. § 300.312(e).
  • However, districts are reminded of the IDEA requirement to establish a mutually agreeable time and place. Therefore, when a parent is not able or is unwilling to participate virtually, the IEP team may need to delay the meeting.

IEP IMPLEMENTATION DATE (p. 11)

  • MDE OSE recommends districts use an implementation date which reflects the IEP team meeting date. Subsequently, upon completion of the annual IEP, the district is encouraged to develop a contingency learning plan that will reflect an appropriate FAPE in light of the circumstances of the COVID-19 pandemic.

IEPs BASED ON OPTIONS AVAILABLE (p. 11)

  • An IEP is an entitlement under IDEA, and therefore must be written to reflect the services, modifications, supports, and placement that support a student’s unique education and behavior-related needs and are reasonable calculated to provide a FAPE to the individual student. An IEP must not be written to accommodate a temporary situation, administrative convenience, or lack of time and resources.
  • An IEP team may, but is not required to, create a contingency learning plan for a child with an IEP as a best practice, which will be implemented during school building closures due to COVID-19 pandemic. (OSERS Q&A March 2020)

PRIOR WRITTEN NOTICE (p. 11-12)

  • If an IEP team creates a contingency learning plan, prior written notice (PWN) is not needed.
  • PWN must be given to parents whenever a district proposes any change to any matter related to identification, evaluation, placement, or the provision of FAPE, or when a district refuses a parent’s proposal regarding any of these matters [34 C.F.R. § 300.503].
  • The United States Supreme Court has interpreted FAPE to mean an IEP reasonably calculated to enable the child to make progress appropriate in light of the child’s circumstances (Endrew F. ex rel. Joseph F. v. Douglas Cty. School Dist. RE-1, 137 S. Ct. 988, 994 (2017)). In short, any change by a district to the education program for a child with a disability requires a PWN.
  • Due to the COVID-19 pandemic, which has resulted in the governor’s Executive Order 2020-35, subsequently 2020-65, closing all school buildings for the remainder of the 2019-2020 school year, all children are to be supported through a continuity of learning plan. Through this guidance being issued, MDE recommends all children with an IEP are additionally supported through a contingency learning plan which is written in accordance with each individual student’s IEP. In this situation, the district must comply with the EO 2020-65. This was not a district or IEP team decision. Therefore, any contingency learning plan developed in accordance with the IEP for a student does not constitute a material change in services or a substantial change in placement and would not require prior written notice or parent consent.

CONTINGENCY LEARNING PLAN – meetings & parental consent (p. 12)

  • When a district opts to follow the State’s guidance and IEP teams develop an individual contingency learning plan for students with IEPs, the district is not required to conduct an IEP team meeting, complete a revision amendment, or issue prior written notice. The district is not changing the offer of a FAPE. A contingency learning plan is intended to document districts good faith effort to provide students with a FAPE which is appropriate in light the the circumstances of the COVID-19 pandemic. A contingency learning plan is developed in accordance with an IEP and on an individualized basis and does not require parent agreement or consent. However, the schedule for the implementation of the contingency learning plan should be developed in collaboration with the parent.

RE-EVALUATION (p. 12-13)

  • When appropriate, a reevaluation may be conducted through a review of existing evaluation data (REED), which includes any evaluation and additional information provided by the student’s parents. This review may occur without a meeting and without obtaining parental consent, unless it is determined additional evaluations are needed [34 C.F.R. § 300.305(a)].
  • Reevaluation must be completed within 30 school days.

IEP PROGRESS REPORTING (p. 13)

  • When a child’s IEP indicates the progress report will be provided concurrent with the issuance of report cards or in the same manner and frequency as general education, the IEP progress report would only need to be issued when general education report cards are also issued.

(Part B) DISPUTE RESOLUTION QUESTIONS

MEDIATION (p. 14)

STATE COMPLAINTS (p. 14)

  • Individuals and organizations can send special education state complaint requests to MDE at any time. State complaints are officially filed when they are received by MDE staff in the Office of Special Education. Investigators begin on the day the complaints are filed. The mandatory school closures as a result of the COVID-19 pandemic have not disrupted the ability of MDE to receive and/or investigate state complaints.

DUE PROCESS COMPLAINTS (p. 15)

  • Parents can continue to file due process complaints requesting a hearing during the mandated school closure.

SPECIAL EDUCATION MONITORING AND TIMELINES (p. 15)

  • At this time, the federal government has not waived the federal requirements under the IDEA.
  • Until and unless USED provides flexibilities under federal law, districts should make a good faith effort to adhere to IDEA requirements, including federally-mandated timelines, to the maximum extent possible.

(Part C) SPECIAL EDUCATION FISCAL QUESTIONS  **new section in revised guidance**

TECHNOLOGY PURCHASES (p. 17)

  • When a district buys certain technology for all students, purchases for students with IEPs should be included.

PROFESSIONAL DEVELOPMENT (p. 17)

  • It is allowable to use IDEA Part B funds to support professional development of special education staff for online learning and instruction.

(Part D) SUBSTANTIVE REQUIREMENTS QUESTIONS  **new section in revised guidance**

Impact of COVID-19 for ALL students

EXTENDED SCHOOL YEAR – ESY (p.20-22)

  • Summer learning opportunities may be necessary for all students, and potentially funded through CARES Act, or with other fiscal resources, to address student learning gaps resulting from the disruption of educational services. In the event districts consider summer learning for all students, students with individualized education programs (IEPs) should be included in this consideration.
  • Data recently shared by the Northwest Evaluation Association (NWEA) have demonstrated projections in which students, will retain approximately 50% of the math content learned prior to the public health emergency and approximately 70% of the reading content learned prior to the public health emergency. The added impact for students with IEPs needs to considered as districts determine the appropriate type and amount services for individual students.
  • District consideration of potential summer learning opportunities for all students, including students with IEPs may be made in order to increase student skills, reduce loss of instructional time during summer break, and prepare students to resume their education without regression when the new school year begins. The determination for Extended School Year (ESY) services as defined in the Individuals with Disabilities Education Act (IDEA), is a supplemental opportunity for students with an IEP.
  • (1) What are ESY services?
  • ESY services are an individual entitlement for students with an IEP who have experienced a documented regression of skills during a break from instruction, who are in a critical state of learning, or who due to the nature or severity of their disability, require service beyond the normal school year. ESY services are provided outside the course of the normal school year and are designed for an individual student to maintain a skill in one or more goal areas of concern at no cost to the family.
  • The purpose of ESY is to support the student beyond the normal school year and to reduce thereby a period of no instruction to enable the student to continue making progress as soon as possible when the new school year begins. The need for ESY services is to be considered at each IEP team meeting and is based on data. The review of data allows the IEP team to be proactive in reducing the potential impact that the future time away from instruction may have for an individual student with an IEP.
  • (2) What is Compensatory Education?
  • Compensatory education is a legal remedy to which a child is entitled when a district fails to provide appropriate educational services. The purpose of compensatory education is to place the student in a position in which he or she would have been if there had been no violations of the IDEA.
  • (3) What is the key difference between ESY and compensatory education?
  • ESY services are proactive. ESY services are to be considered at each IEP team meeting on an individual basis. The IEP team determines the need for ESY services, based on data collected following other periods of a break in instruction. [For more information, see Guidance for Extended School Year Services in Michigan]
  • Compensatory education is reactive. Compensatory education is a remedy issued as a result of a district’s failure to provide Free Appropriate Public Education (FAPE) and is determined on an individual basis.
  • (4) Are district required to provide ESY services?
  • Districts are required to consider the need for ESY services at each IEP team meeting. ESY eligibility is based upon individual student needs using previously collected data. Data from multiple sources should include:
    • end of year data from the previous school year,
    • current school year data prior to the school closure, and
    • data collected during remote instruction should be considered.
  • For students who have already been determined eligible for ESY, the district should provide-to the greatest extent possible-the ESY services identified in the student’s IEP. Districts must recognize exceptional circumstances may affect how ESY services are provided. FAPE may include special education and related services provided through distance learning deemed reasonable and appropriate for a specific student, in consultation with parents, which may include services provided virtually, online, telephonically, and through paper and pencil tasks. The intent of ESY is to extend services beyond the end of the 2019-20 school year, shorten the break in services during the summer in order to maintain the skill in the goal area of concern, and prepare the student for the new school year without opportunity for regression.
  • Where ESY services have not been determined, the IEP team, including the parent, should review data and decide as to whether a specific student is eligible for ESY services. Recognizing exceptional circumstances may affect the data normally used to make this determination, MDE encourages districts to use existing data, including prior eligibility for ESY when determining eligibility.

EXCEEDING ENTITLEMENT TO FAPE (p.22)

  • During this unprecedented time of school building closures, there are IDEA eligibile students who are entitled to, but may not have been able to receive, the special education programs, services and supports as written in their IEP. These students may be determined to have experienced a denial of FAPE, through no fault of the district. This is a unique group of students, who would have otherwise been able to participate in all school instruction and activities had it not been for the COVID-19 pandemic. Districts are encouraged to consider the possibility or the extent to which there may be a need to compensate for the rights which may have been denied to these individual students with IEPs.
  • Districts are encouraged to review the contents of Letter to Riffel, August 22, 2000 (OSEP) as they consider the extent to which IEP teams may need to reconvene to discuss an appropriate response to how the COVID-19 pandemic may have affected this unique group of students and their individualized needs.

BEHAVIOR (p.24)

  • Information related to functional behavior assessment (FBA) and behavior intervention plan (BIP) during remote instruction is addressed. (p. 24)
  • Information related to discipline is addressed. (p. 25-26)
  • Behavior Planning Resources are provided. (p. 26)

(Part E) FEEDBACK  **new section in revised guidance**

  • Additional questions or topics individuals may want to see addressed in the MDE guidance document can complete the feedback form.

 

Michigan Department of Education (MDE) on April 4, 2020 requested interpretation, guidance on special education program implementation, flexibility, or waivers from the U.S. Department of Education (USED) that for the 2019-20 school year.

Request related to do one or more of the following:

  • Deliver instruction to all pupils, including students with disabilities, without having to convene or amend individualized education plans (IEPs) or Section 504 plans.
  • Deliver direct and consultative-related services such as therapies, including occupational therapy, physical therapy, speech language pathologist, social service worker, teacher consultant, and other special education services and supports, without having to convene or amend IEPs or Section 504 plans.
  • Complete IEPs and Section 504 plans online, either by telephone conference or video conference, if the parents or guardians involved have access to the technology and agree to the alternative means of participation. If a parent or guardian elects not to participate in an otherwise due IEP online, a district should be permitted to extend the deadline for completion of the IEP for up to 30 school days after the school closure period prompted by the COVID-19 state of emergency and/or state disaster ends.
  • Complete annual review or otherwise due IEPs online, either by telephone conference or video conference, with those IEPs being considered timely if they are completed by the end of the 2019-2020 school year.
  • Consider whether a pupil should be provided compensatory education for pupils after the school closure period prompted by the COVID-19 state of emergency and/or state of disaster ends, based on applicable law and guidance, no later than the first annual IEP meeting of the 2020-2021 school year.
  • Consider compensatory education for pupils who are more likely to qualify for compensatory education through IEP amendments, with the authority to complete those IEP amendments online, either by telephone conference, virtual meetings or other technology.
  • Timeline requirements should be paused from the day schools closed due to the pandemic and extended for not more than 45 school days after regular school year in-person instruction has resumed for the following:
    – 60-day initial evaluation timelines and re-evaluation triennial due dates [34 C.F.R. § 300.301(c); 34 C.F.R. § 300.303(b)(2)].
    – Annual IEP review timelines [34 C.F.R. § 300.324(b)(1)].
    – Complaint timelines [34 C.F.R. § 300.508; 34 C.F.R. § 300.510(a) and (c); 34 C.F.R. § 300.515(a) and (c)].

    – Part C to Part B Transition Timelines [34 C.F.R. § 300.124].

Michigan Department of Education COVID-19 Education Information and Resources

Re: Clarification on Distance Learning for Special Education Students
  • “If a district chooses to provide educational support (online learning, instructional packets, enrichment/enhancement activities, among other approaches) to all students, districts must consider the additional needs of students with disabilities, including accessibility. Educational supports provided through distance learning approaches are designed to assist students in maintaining skills, and in some cases, make progress in the general education curriculum. Districts must address the unique and individual needs of students with disabilities when utilizing these approaches. If technology is needed for a student with a disability to access an educational activity, the needed technology and support must be provided by the district at no charge to the student.”

 

Re: Instructional Time During School Closure
  • Memo states: “There is no mechanism to earn instructional time during a period of mandated school closure. However, schools can and are encouraged to offer supplemental learning opportunities to students using distance learning methods as they see fit.”

 

Re: Guidance on Transition to Online Learning: Considerations and Technical Readiness
  • Memo pertains to online learning when delivered to students as full substitute for normal instructional delivery methods.
  • There is a distinction made between full and supplemental learning.
  • Technical Readiness considerations are outlined and the Memo states:
    Only those districts and schools that can ensure that all students have equitable access to quality learning opportunities should pursue a full transition to online learning.

 

Re: Compliance Requirements of the Individuals with Disabilities Education Act (IDEA) and Michigan Administrative Rules for Special Education (MARSE) during a Public Health Emergency
  • The OSERS March 2020 guidance is referenced and repeats the same, that if school is closed and the LEA does not provide services for its students, then the LEA is not required to provide services for students with IEPs.
  • Part 3 of this Memo does mention if schools are closed, but all students are provided an opportunity to learn from a distance:
          a. Under IDEA, students are entitled to FAPE
          b. technology needs must be considered
          c. upon return, compensatory services can be determined
          d. during the closure period, districts may consider virtual IEP Team meetings (made on a case-by-case basis)

Related to annual IEP reviews and compliance with timelines, the Memo mentions that these timelines cannot be extended and will result in untimely data submission. However, it states that Corrective Action will not be issued.

 

On a local Intermediate School District (ISD) level –

Communication states:

  • “The COVID-19 crisis shines a light on deep inequities across our county, including within education, and we stand firm in our belief that schools have an opportunity to collaborate and work towards closing the opportunity gap rather than exacerbating it.”
  • “We believe every single student should have access to high-quality, rigorous educational opportunities, regardless of circumstance or this pandemic. During these challenging times, our districts have been and will continue working together to develop Continuity of Learning plans that honor our commitment to high-quality, equitable, and inclusive education for ALL students, including students: with disabilities, of color, without access to broadband internet, in poverty, experiencing homelessness, who are incarcerated, who are food and housing insecure, and more.”
  • “Working with each community’s assets, our districts and programs will strive to provide meaningful learning experiences in an environment that is challenging for everyone.”

 

Continuity of Learning Plans (CLPs) from School Districts across Washtenaw County:

Ann Arbor Public Schools (AAPS)

Chelsea School District

Dexter Community Schools

Lincoln Consolidated Schools

Manchester Community Schools (could not locate on MCS website)

Milan Area Schools

Saline Area Schools

Washtenaw Intermediate School District (WISD)

Whitmore Lake Public Schools

Ypsilanti Community Schools

 

On a national advocacy level –

A2IDEAS is proud to have joined with over 70 national and more than 300 state & local disability, advocacy, and civil rights organizations in signing a letter submitted to members of Congress (April 9, 2020) by the Consortium for Citizens with Disabilities (CCD).

We are united in our unwavering pursuit of educational equity. We stand unified in the strong conviction that NO additional waivers are necessary under either the Individuals with Disabilities Education Action (IDEA) or the Rehabilitation Act.

View the letter and learn more on our A2IDEAS Facebook page.

The Council of Parent Attorneys and Advocates (COPAA)  are urging elected officials to:

  • Oppose waivers under IDEA and Section 504 – the focus should remain on ensuring continuity of education and services.
  • Support providing states with additional funding that can be used under the IDEA to:
    – ensure teachers, school leaders, students and their families have needed tools for teaching and learning online and through other virtual methods;
    – provide extended school year to students and other compensatory services;
    – help the Education Dept. to use current authority to be flexible where absolutely necessary on timelines and/extend or disregard SPR/APR reporting requirements for the 2019-2020 school year so that families and schools can focus on student needs;
    – support states by providing a total of $12.5 billion in IDEA funding under Parts B, C, D to support school and related service personnel in the provision of special education supports and services to students with disabilities infants through age 21 [Michigan age 26].

“We must help schools and families work together to find solutions that allow children to receive equitable access to an education and the services that support them without weakening or undoing all of their civil and educational rights.”

Information above is from the COPAA News & Press: Policy

 

Read our A2IDEAS News & Notes on why –

“We should all be advocates now.”

News & Notes

Disclaimer

This information has been compiled by Heather Eckner, a non-attorney advocate, founder and executive director A2IDEAS, a nonprofit special education advocacy organization.

Information and services provided by A2IDEAS Education Advocates are non-legal and do not in any way constitute legal advice or legal services.

Families which require legal services or representation can search the Council of Parent Attorneys and Advocates (COPAA) directory at http://www.copaa.org/.