EXTENDED SCHOOL YEAR AND COMPENSATORY SERVICES:

SPECIAL EDUCATION DURING THE COVID-19 PANDEMIC

Null

Many families and districts are struggling with the uncertainty regarding the availability of special education services in schools this summer, or even fall. Safeguards are in place for students with disabilities during this trying time.

BY LAUREN AGORATUS, M.A.

Extended School Year and Coronavirus

At the time of publication of this issue of Exceptional Parent, it is unknown if any districts will be open for extended school year services during the summer. However, students with disabilities whose IEP includes Extended School Year (ESY) services should continue to receive virtual learning services, even if school buildings remain closed. The U.S. Department of Education made it clear that, "If a student who has an individualized education program (IEP) through the Individuals with Disabilities Education Act, or is receiving services under Section 504, is required or advised to stay home by public health authorities or school officials for an extended period of time because of COVID-19, provision should be made to maintain education services."1 This includes extended school year.

If Schools Are Still Closed in Fall

There is the possibility that not all school districts will be open at once, especially in the hardest hit states like New York and New Jersey. Again, the Department of Education specified that, "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."2

What Families Can Do Now to Prepare

Tips for distance learning: Parent Centers throughout the country have been hearing from families on difficulties their children are having with distance learning, including regression. Some strategies include:

Tips for virtual IEP meetings: Some advocates are suggesting that families should not request formal IEP meetings because there is the risk of not obtaining services in the current IEP when schools open for inperson instruction or losing the opportunity to request compensatory services. To address this concern, parents can request a meeting to discuss temporary services that can be attached to the current IEP that contain an explicit statement that the current IEP remains in effect and that these services are merely stopgap measures to maximize the student's learning during the period of school closures. For students whose IEP dates are due for services to start in the fall, the Center for Parent Information and Resources has tips on virtual IEP meetings including:

What are Compensatory Services?

If a school district does not provide the instructional and/or related services in a child's IEP, teams should convene to discuss the possible need for compensatory services. Compensatory services are provided to students with disabilities to make up for services that were lost due to failure to provide those services. (This also includes early intervention.)3

The IEP team, or the personnel responsible for ensuring FAPE (free, appropriate public education) to a student for the purposes of Section 504, would be required to make an individualized determination as to whether compensatory services are needed under applicable standards and requirements. You can access sample letters to request meetings to discuss compensatory services at:

Null

MEETING OF THE MINDS: You can access sample letters to request meetings to discuss compensatory services. (Above, left to right): Sample Letter Requesting Meeting to Discuss Compensatory Education Service: spanadvocacy.org/wp-content/uploads/2020/05/Sample-Letter-Comp-Svs-GENERAL.pdf ; Sample Letter to Request a Meeting re: Discuss Compensatory Services - Transition to Adult Life: spanadvocacy.org/wp- content/uploads/2020/05/Sample-Letter-Comp-Svs-Transition.pdf and Sample Letter Requesting Meeting to Discuss Compensatory Services with Extended School Year Component: spanadvocacy.org/wp-content/uploads/2020/05/Sample-Letter-Comp-Svs-ESY.pdf

Students with special needs are entitled to a free, appropriate public education. FAPE includes consideration of extended school year as well as compensatory services as applicable. 

Null

References 1. www2.ed.gov/about/offices/list/ocr/docs/ocr-coronavirus-fact-sheet.pdf 2. www2.ed.gov/about/offices/list/ocr/frontpage/faq/rr/policyguidance/Supple%20Fact%20 Sheet%203.21.20%20FINAL.pdf 3. sites.ed.gov/idea/idea-files/q-and-a-providing-services-to-children-with-disabilities-during-the-coronavirus-disease-2019-outbreak/#Q-B-2

ABOUT THE AUTHOR: Lauren Agoratus, M.A. is the parent of a young adult with multiple disabilities. She serves as the State Coordinator for Family Voices-NJ and as the central/southern coordinator in her state's Family-to-Family Health Information Center. FVNJ and F2FHIC are both housed at the SPAN Parent Advocacy Network (SPAN) at spanadvocacy.org

MEETING THE CHALLENGE : DISTANCE LEARNING AND COMPENSATORY SERVICES RESOURCES

U.S. DEPARTMENT OF EDUCATION ed.gov/coronavirus UNDERSTOOD.ORG School Closing and Distance Learning COMPENSATORY SERVICES www2.ed.gov/about/offices/list/ocr/docs/ocr-coronavirus-fact-sheet.pdf www2.ed.gov/policy/speced/guid/idea/memosdcltrs/qa-covid-19-03-12-2020.pdf www2.ed.gov/about/offices/list/ocr/frontpage/faq/rr/policyguidance/Supple%20Fact%20 Sheet%203.21.20%20FINAL.pdf

SPAN PARENT ADVOCACY NETWORK Early Intervention and Covid-19 Factsheet spanadvocacy.org/wp-content/uploads/2020/05/Early-Intervention-Factsheet.pdf Distance Learning Factsheet spanadvocacy.org/wp-content/uploads/2020/05/SFS-018-20-Distance-Learning.pdf

UNDERSTOOD.ORG School Closing and Distance Learning COMPENSATORY SERVICES www2.ed.gov/about/offices/list/ocr/docs/ocr-coronavirus-fact-sheet.pdf www2.ed.gov/policy/speced/guid/idea/memosdcltrs/qa-covid-19-03-12-2020.pdf 

CENTER FOR PARENT INFORMATION AND RESOURCES Virtual IEP Meeting Tips SPAN PARENT ADVOCACY NETWORK Early Intervention and Covid-19 Factsheet spanadvocacy.org/wp-content/uploads/2020/05/Early-Intervention-Factsheet.pdf Distance Learning Factsheet spanadvocacy.org/wp-content/uploads/2020/05/SFS-018-20-Distance-Learning.pdf