What actions should school districts now be taking to address the needs of special education students during school closures and the provision of online or other measures to continue providing instruction to general education students? The answers to this question are complicated in that OSEP and TEA both recognize that remote special education, in the majority of
cases, will not provide a FAPE. Additionally, Section 504 non-discrimination rules are applicable, so the amount of instructional time provided to disabled students should at least equal or exceed the instructional time provided to non-disabled students. For these reasons, we recommend that districts meticulously do the following:
- Communicate with parents what is proposed to be provided during this period of schools being shut;
- Develop a template to document decisions made regarding services; and
- Develop a log to document contacts with individual parents and to document instructional contacts with students.
ARD/IEP Meetings
Authorities recognize the extraordinary circumstances presented by the pandemic; however, certain rules still apply and decisions regarding how to address the services specified in an IEP must be an individualized determination. Districts must avoid making blanket determinations regarding the provision of special education services, with all special education students receiving the same services.
- TEA guidance is for districts and staff to prioritize decisions and actions based upon health and safety first, communicate with staff and families, and then consider requirements of IDEA and state law.
- Current TEA guidance reflects current uncertainties by acknowledging, “There is no defined or correct method to adequately and equitably meet the needs of all students in an unprecedented event such as the current COVID 19 pandemic response. LEAs need to be flexible and consider employing a variety of delivery options as they make reasonable efforts to provide services to students with
disabilities.”
The basic advice is to communicate and document. Document communications with parents and staff. Create a log of communications and instructional contacts for each student. Finally, document efforts made to provide for each student and reasonable efforts to provide a FAPE. We would also recommend the following:
- Communicate with parents and families of students with disabilities about services and attempt to have a dialogue regarding questions the families may have.
- Inform parents about temporary changes to locations, schedules, etc. and attempt to address core instruction and prevent regression based upon the students’ individual needs.
- If there are unavoidable deviations from legally established timelines, document in the student’s folder all reasonable efforts made to follow timelines and the reason why timelines could not be met.
- Consider ways to use video or audio conferences to the extent possible to provide Child Find, hold initial and annual ARD committee meetings, and/or evaluation/eligibility meetings, if required members and parents are available but not able to attend in person. If required members of the committee and/or parents are not available or believe their participation is impacted by the lack of an
in-person meeting, document the reason and complete the activity in a timely manner following the ending of school closures.
- Create a template to assist school staff in documenting decisions made, why timelines were exceeded, and documentation of participation and consent through temporary alternate methods, such as email or notes. Consider an informal document similar to a 504 plan to document individualized decisions in collaboration with the parent(s) and the teacher or teachers regarding IEP implementation
during the shut-down. Include a list of persons participating in the decision. Since signatures may not be possible, include spaces or a description of the how agreement was obtained, such as, orally over the telephone, via email, via video conference and include a space for the person who is filling out the template and the acknowledgment.
- When school resumes, ARD committees should address student-specific needs resulting from the closure. This might include discussions of compensatory education and extended school year (ESY) services made on a case-by-case basis. Any need for compensatory services related to school closure or inability to fully implement a student’s IEP will be addressed by ARD committees after school closures
end.
In summary, if the student has an IEP, districts in most instances should continue with the existing IEP and through the use of a template and with a group of people knowledgeable about the child, determine what services will be provided during the time schools are closed, with decisions based upon FAPE, addressing core instruction and prevention of regression. The IEP and modified
services provided during the shut-down will guide later decisions regarding the need for compensatory services. Compensatory services may be, but do not necessarily include, hour-for-hour special education services. Candid initial discussions with parents and candid communication regarding efforts to serve their child will hopefully go a long way toward reaching a reasonable decision regarding the amount or character of compensatory services later.
Article written by Hans Graff
