Does your IEP grid use the words "Sped Staff" under Type of Personnel? I am currently reading through three (3) separate IEPs that use this term to describe the Personnel in the Grid. Despite PQA finding a District in noncompliance for using this term in 2013 (!), Districts are still attempting to use this in IEPs. (Examples below)

PQA ruled that this is in violation of 603 CMR 28.06(2)(a) and stated that "the term SPED Staff is not sufficient to describe the types of personnel required on the IEP service delivery grid." PQA directed the District to refrain from using the term sped staff and that each IEP should identify the type of service providers, e.g., special education teacher, paraprofessional, Occupational Therapist, etc.

CMR 28.06(2)(a) requires an IEP Team to consider "the types of service providers." In order for an IEP Team to make a reasonable decision regarding a student's placement, the IEP Team (and this includes, YOU, the parent!) must have some knowledge of the kinds of service providers who will provide the student services. PRS stated, “In the same manner which the IEP Team must distinguish between the types of related services necessary for the student (for example, "speech Therapy" or "Physical Therapy") in making its placement decision, the regulation requires the same sort of consideration for distinguishing the student's service providers.” "SPED Staff is not sufficient to describe the types of personnel required on the IEP service delivery grid. PQA ordered the District to send a memo to the IEP Team Chairpersons stating that the use of term "SPED Staff' on the IEP service delivery grid is not acceptable and that each IEP should identify the type of service providers, e.g., special education teacher, paraprofessional, Occupational Therapist, etc.

Parents - your child’s IEP depends on the specificity of the language. How can you provide informed consent if you do not understand what you, the most important member of the team, are consenting to in the IEP? Details and language matter! When reading through your child’s IEP, go through the language in the document word for word. If you interpret the language one way, the likelihood is that someone else will interpret the language another way. When reading an IEP, a Hearing Officer found that the sentence, “rules-based reading with one-to-one instruction” did not equate to the interpretation proposed by the Parent that the child’s systematic reading instruction be delivered only in a one-to-one setting. Rather, the Hearing Officer found that the IEP language was inclusive and should be read broadly to permit flexibility in selecting the appropriate setting for the delivery of services.

How many times have you sat in an IEP meeting and thought, “I don’t think [what they are saying] is true?” How many times have you received your child’s IEP, the N1, or an email from the District and thought, “Is this accurate? Can school do this? What are my child’s rights?”

Let’s start with Extended School Year. The daily duration of a student's program must be equal to that of the regular school day, unless a Team states that a different duration is necessary to provide a free appropriate public education (FAPE) to a student. In such case, the Team shall specify the daily duration of the program, and the Team shall state on the IEP the reason for such different duration. Extended school year services must be provided only if a child's IEP Team determines, on an individual basis, that the services are necessary for the provision of FAPE to the child. “An extended year program may be identified if the student has demonstrated or is likely to demonstrate substantial regression in his or her learning skills and/or substantial difficulty in relearning such skills if an extended program is not provided.”

Let’s examine this statement from a student’s N1:

Image: “The District rejects the option of providing Extended School Year (ESY) services for ___. In order to qualify for ESY, a student who has an active IEP must demonstrate substantial regression following a school vacation.”

Let’s unwrap this. Is this statement true? Technically, yes. Is this the standard for a child to qualify for ESY services? No. Fortunately for parents in Massachusetts, DESE drafted a helpful Q&A Guide on Special Education ESY. The document is very informative; let’s look at Q#3 & #4:

“AT least once annually, the IEP Team MUST consider the need for ESY. The determination must be made on an individual basis. May the Team wait and see? No - The Team MUST NOT put off a determination to offer ESY programming until the end of a break in services (i.e. summer vacation). The Team must consider the need for ESY prior to the beginning of the break in service by anticipating whether substantial regression and problems with recoupment will occur in the absence of ESY services.”

DESE’s Guide on ESY specifically states that the Team must not put off a determination to offer ESY until the end of a break? Did I also read that School must (…it says, must?) consider the need for ESY prior to the beginning of a break in service? Wait, did I also read that when a child’s IEP was marked “NO” for ESY prior to any team discussion that the Team predetermined the ESY qualification? And, this decision must be made on an individual basis and discussed at the meeting? Hmm, this seems to contradict this District’s statement above? Let’s continue… Q#9

DESE breaks down the term "recoupment" and "significant regression" for the Team in Q#9. Specifically, significant regression and recoupment consist of the following inter-related elements:

(1) the loss of performance levels that were attained before a break in service,

(2) the child's limited learning rate, which lengthens the amount of time the child requires to review and/or relearn previously attained objectives, and

(3) the fact that the time for that child to accomplish such recoupment is greater than the period of time the school district allows all other children for review and/or relearning.

Really! It is interesting that DESE gives three elements for significant regression, yet this Team gave one - “must demonstrate significant regression following a school vacation.” Let’s Continue to Q #10:

So, this is interesting, too? Q #10 states that any decision regarding ESY must (hey - there’s that word again!) take into account the child's history of significant regression and limited recoupment capability. “In other words, a child's Team must look backward and forward when considering the need for ESY programming.” In addition to significant regression and/or limited recoupment, courts also look at other ESY criteria to be applied by a Team, as follows:

• the degree of the child's impairment
• the parents' ability to provide structure at home
• the child's rate of progress
• the child's specific behavior and/or physical problems
• the availability of alternative resources
• the child's ability to interact with non-disabled children
• the specific curricular areas in which the child needs continuing attention
• the vocational and transition needs of the child
• whether the service requested is "extraordinary" rather than usual in consideration of the child's condition.

“Only when all factors are considered together by the child's Team can a determination be made as to how much service will be offered.” Wait, again. So, is this saying that it is not just substantial regression. It is not just limited recoupment capacity, but it entails criteria such as the nature and severity of the disability? Interfering behaviors? Specific curricular areas which require continuing attention? Meaning, what is likely to happen to this child without these services? Interesting, because when I read the IEP and the ESY box was just checked off prior to us sitting at the table, none of this was discussed? [CRICKETS].

What if the Team said they do not have enough data and deny ESY? Let’s look to Q#11:

“The unique nature…” That sounds like a cue for an individualized Team decision? Yes! ESY must be individualized. It must be driven by needs. ESY does not just refer to summer school. It is not just the predetermined 4 hours, 5 weeks that every school offers a student. ESY includes any day that is not a school day. This means weekends, holidays, early morning, late afternoons. And, just like regular school year placements, the principles of LRE apply to the provision of ESY services. Fact: Many Districts used ESY qualification as criteria for receiving “in-person” Cohort services this Fall. Parents, it would be wise to request (now) for data to be taken on your child the first two+ weeks of school so you have data regarding if he or she retained information from the summer and Covid/March. You should request for quantitative and qualitative data regarding your child, including anecdotal records on the rates of both learning and relearning, as well as your child's attainment of his/her IEP goals and objectives.

Per the COMMISSIONER’S WEEKLY UPDATE:

Advisory on Compensatory Services:

The Department has issued new guidance for schools, districts, and individualized education program (IEP) teams to help determine the types of supports and services that students with disabilities may need in order to address the impact that the suspension of in-person education has had on their learning. The guidance, “Coronavirus (COVID-19) Special Education Technical Assistance Advisory 2021-1: COVID-19 Compensatory Service and Recovery Support for Students with IEPs” (download), describes considerations for:

1. general education recovery support available to all students who need it to address social-emotional needs and to reorient them to learning in the new school year;

2. COVID-19 Compensatory Services for students with IEPs to remedy skill or knowledge loss or lack of effective progress due to IEP services that were delayed, interrupted, suspended, or inaccessible because of the emergency suspension of in-person education; and

3. new IEP services to address new areas of disability-related need.

As districts determine what types of supports and services students may need, close communication with families and examination of data and information from all available sources will be critical. 
 
For questions related to COVID-19 Compensatory Services , please contact DESE’s Problem Resolution Office at 781-338-3700 or compliance@doe.mass.edu. More guidance and information related to special education during the COVID-19 pandemic is available on DESE’s COVID-19 special education webpage.

Since March 2020, COVID-19 forced schools to close with the uncertainty of reopening and many questions regarding how we will proceed in the future. Since the closure, I have sat in many Zoom meetings and webinars with various stakeholders - Attorneys, Advocates, Providers, Teachers, Administrators, and the Commissioner of Education. By now, we are all aware of what the “guidances” state however, a few points resonate with me from my last two meetings, especially in light of the current CDC “recommendations” floating around regarding the future landscape of school. 

(1) Focus on this phrase: FOR THIS CHILD. Devos did not request a waiver for IDEA requirements. Our Massachusetts state regulations and laws remain the same. And, while the USDOE has been clear that Districts can and should find agreements about deadline extensions, we are to treat timelines in effect. As a Team (parents, school, advocates & attorneys), we must think outside the box about what can be done remotely and simply, what cannot. We need to focus on a Student-centered approach, not a district-wide approach. This concept is nothing new however, it seems it bears repeating (loud and clear) for those in the far back. Your question going forward (as it always has been): what is appropriate FOR MY CHILD. In light of his/her circumstances and unique needs, can this timeline be met FOR MY CHILD? Does MY CHILD require ____? The I in IDEA has not changed. The I in IEP has not changed. Now, more than ever, decisions must be individualized and not contain district-wide blanket statements of what can and cannot be done. If our kids are not moving forward, they are falling behind.

(2) This one really hit me because it came out of the mouth of a Special Education Director. I will paraphrase her words, but kudos to her for having this frank and direct approach with her Team. She explained to her team: Guidances are just that - guidance. They are not the law. They are not mandates. However (!!) - when advising her Team, she explained to them, we must be mindful of your/our decisions. Think long and hard - At the end of the closure/pandemic, can you DEFEND your actions. Meaning, can you, at the end of this closure, sit at the end of an IEP table and defend whether (or not) you provided THIS child a FAPE and THIS child had effective progress? If you think about each student on your caseload, can you say FOR *THIS* student, “By not seeing THIS student (for ex: EVER (!), or only 1x/week, 1x/month, so forth) from March 13 until the end date of this crisis, I provided this child a FAPE. Do you feel by utilizing a consultation model and asynchronous learning, you provided FAPE? The bottom line is - Parents are not PTs, OTs, SLPs, teachers, etc. In addition, most parents are most likely working and teaching siblings of different ages and needs. So while it *sounds* like an appropriate way to provide FAPE, and technically (right now) it may be, can each member of your team defend their actions, look AT YOU - the parent - in the eye at the end of this closure and state that they provided your child a FAPE.

(3) Data is the way you argue what “THIS child needs.” Parents are not statisticians, but you need good, strong data to prove what your child needs during this closure (and after). You should have baseline data pre-COVID and data from your current Present Levels. Data is anything that is observable and can be counted. Collecting data is not difficult, however data collection is not something we, as Parents, are not trained to do. So, what can you do? You can request Parent Training! Did you know Parent Training is a related service in the IDEA? You need help learning how to collect data and school must provide this help if you need it! When you sit down at the IEP table at the end of the closure, you cannot rely upon the fact that the teachers will have all the answers. Documentation can take many forms: written journal, videos, pictures of work, online work submitted to google classroom, AR quizzes, PDFs of handouts, behavior graphs/marks, (is your child escaping, can’t sit still, arguing, etc). Document everything and anything that is causing problems, struggles, confusion, or what your child simply cannot do. Align these problems with your IEP goals and objectives.

UPDATED Guidance AND DESE Zoom Meeting Presentation for Special Education Directors posted on my Covid page (www.maseradvocacy.com/covid) Here are a few slides to note in particular. 1, Timelines have not been waived! IEP Teams should be meeting -Have you heard from your District? 2, DESE's updated guidance recommends teaching content standards most critical for student success in the next grade level. General Education is no longer just reviewing and reinforcing skills. Is your child receiving their direct instruction per their IEP to ensure effective progress in light of this recent guidance? How can your child learn content according to State Standards if they are not receiving services that correlate to their IEP goals? #FAPE #specialeducation #COVID19#IEPhelp

Yesterday was hard. Yesterday, I was struggling. Most important? My youngest is struggling. After having what felt like my 65th “I cannot believe this is school, how long can we do this, my child needs help, I am not a certified reading/writing instructor_____ (insert your area of extreme turmoil)” mini-breakdown, I sat down, collected my thoughts, and flipped the scenario in my head of how I would advise a client who was having this kind of day. My advice (and this is evolving/changing daily, much like the current guidance (advocate humor) 🤗):

1. Baseline/ DATA: 

   1. This should be a combination from your current Progress Report (sent right before this crisis), data from the day of closure, and then at the end of this crisis. If you have questions regarding progress reports, refer to Slide 38 of the Zoom Presentation to the Special Education Directors (http://www.doe.mass.edu/covid19/2020-0403sped-directors.pptx “where the term ended during the period of closure and the school or district issues report cards, they should also issue Progress Reports, and where the new term begins during the time of closure, issue end of year Progress Reports based on progress through remote learning.” So, be on the lookout or ask about your Progress report. Also to note, the guidance says to “continue to address IEP goals given the current circumstances” ie, your team must be addressing your child’s goals!). 

   2. You MUST take baseline data / daily data yourself. You cannot rely upon the fact that you will sit down at the IEP table at the end of this experience and the teachers will have all the answers. You are living this 24/7. Is this tiring, lengthy, complicated, confusing and all of the words you can think? YES. But the most important word: NECESSARY. This documentation can be/should be in many forms: written journal, take videos on your phone, pictures of work, online work submitted to google classroom (periodically save in a separate folder on your computer FYI), AR quizzes, PDF’s of handouts, Spelling, Math, etc, you name it. Document everything and anything that is causing problems, struggles, confusion, or what your child simply cannot do. Align these problems with your IEP goals and objectives. Do they match? Each day, I print a daily schedule from my Distance Learning Plan. I created a notes section on the back where I write any and all thoughts on today’s work and my child’s ability to do the work, reaction/s to the work, and any pro/con. If you are truly struggling with data collection, here is an Advocacy tip: Request Parent Training in the A: grid! You need help how to collect data and school must provide this help if you need it! 

2. Services: Is your child receiving ANY direct services. Or, did you only receive a Distance/Remote Learning Plan with a few resources and supports? Are you receiving 1:1 services? Are your goals addressed on the Distance Plan? Are you receiving any small group of social help? How much direct instruction? How much communication are you receiving from the District? You need to be thinking: what would be meaningful to your child right now and what would make the biggest difference? Try to think broadly about your child’s education right now and communicate that to your school. Make suggestions that would be most helpful to you and your child. If your child is not receiving services, ask how they will start/when will they start to provide your child with the necessary services while school is closed? What are the plans for the more robust services that are feasible right now? Document and tell them your concerns. After these extended school closures are over, each students’ IEP Team must and will determine how the closure impacted the delivery of special education services and whether additional “compensatory” services are required. So, be flexible, but document!

3. Documentation:  

   1. Document Everything - Keep a journal of everything you do. Did you request services? Did you hear back from the District? When did you hear? How often? What is working? What is NOT working? Document that you are working and cannot provide instruction. Document your child’s social/behavior/ attentional needs (he won’t sit still, he doesn’t listen, he cannot understand the directions, he cannot use a computer, he is dysregulated __ x/day). 

   2. Reserve and protect your rights as a parent: We do not have an expectation that all learning is the same right now. Remote services are not a replacement for the classroom. You can respond to your District via email and inform them that this Remote plan does not change your child’s current IEP, and it does not change that you will reserve your right to request compensatory services at a later time. This can be simple: My child’s IEP services are  ____ however, we are currently receiving ____. I do not feel this is appropriate in light of his/her circumstances (____ expand if needed), and I am not waiving any rights to the services that my child was receiving nor am I waiving any rights to compensatory services that may be available to my child at a later date.

   3. Email Folders: If you are like me, you are receiving MANY emails from the school. At this point, you should be receiving regular communication from your school and all of your providers. Create a special folder and place all communication from your school in that email folder so you have quick access and organization for your data collection. 

4. Blanket Statements: No one, despite this state-wide closure, should forget the I in IEP.  As a parent and advocate, I understand that my child’s IEP service delivery grid as written may not be followed during this closure. And while this is the case, the District must remember that while this is a difficult time for all, an IEP must be individualized for your child. Blanket statements from Districts stating “we are only providing X” does not take into account your child’s individual and unique needs. Collaborate and work with your District and suggest ideas based on these needs.  Remote services and supports provided by Distance Learning plans must be individualized for your child based on individual goals in order to provide him or her with FAPE. And, while FAPE may look slightly different at this time, your child’s goals are still the same! Your IEP has not changed! Services, progress, and data will be (and should be!) collected during this time. When the Team reconvenes once school buildings reopen, your Team will review all the data and determine how best to recoup any regression and/or lack of progress. 

I have been trying to monitor COVID-19, the Cares Act, and how it affects our children’s education. I am not providing legal advice; I am not providing specific advocacy advice for your child. I am passing on guidance and information so that parents (and educators) can be informed as to the current status because there seems to be much confusion regarding the current educational guidance. And, while guidance is not to be interpreted as binding law, hopefully this fact sheet will serve as a guideline for Districts to implement best practice distance learning. 

Districts are currently facing many educational challenges as a result of this pandemic. Last week, both the US Dept of Education (3/16/20) and MA DESE (3/17/20) released corresponding guidance stating that Districts were not required to provide services to students with disabilities during extended school closures IF the district did not provide ANY educational services to students during this time. Many States, Districts, Educators, Attorneys, Advocates and Parents interpreted this guidance as a justification not to provide any educational services to both regular education students, as well as special education students in their Districts. As a result, many Districts sent corresponding emails to parents with “enrichment, optional assignments.”

On March 21, 2020, “OSERS” (Office for Special Education and Rehabilitative Services) issued a Supplemental Fact Sheet entitled, “Addressing the Risk of COVID-19 in Preschool, Elementary and Secondary Schools While Serving Children with Disabilities.” This fact sheet addresses these concerns (and more) and the “serious misunderstanding” of some Districts that are reluctant to provide any distance instruction. One can deduce that these districts were directed to believe that Federal Disability law created “a barrier" to remote education. As stated boldy in the current guidance, this is SIMPLY not true. While it is noted that various methods of service delivery may need to change, this fact sheet clarifies and reminds schools that they should not opt to decline distance instruction at the expense of students. Rather, the guidance states that students who have an IEP or 504 Plan have a right to continue to receive special education and related services during this crisis, therefore all students have a right to continue to receive an education during this crisis. Many (but not all) modifications and services can be effectively provided online. Modifications, such as extensions of time for assignments, videos with captioning or embedded sign language interpreting, accessible reading materials, and speech, language, and reading services through video conferencing may be provided online. 

The guidance also discusses IDEA Timelines and reaffirms that timelines still remain in effect. As an alternative to face-to-face meetings, parents and IEP Teams may agree to conduct IEP meetings through alternate means, including videoconferencing or conference telephone calls. See 34 C.F.R. §300.328. School teams and Parents should work collaboratively and creatively to meet all IEP timeline requirements and are encouraged to reach “mutually agreeable extensions of time, as appropriate.”

If ever, this is a time for TEAM collaboration, and Districts are urged to “consider practices such as distance instruction, teletherapy and tele-intervention, meetings held on digital platforms, online options for data tracking, and documentation.”  This is a unique, unprecedented and obviously ever-changing situation, and the DOE, MA DESE, OCR and OSERS all recognize that educational and related services should be provided, but with flexibility and collaboration. Ensuring compliance with the IDEA, Section 504, and Title II of the Americans with Disabilities Act should not prevent any school from offering educational programs through distance instruction.

Parents - you should reach out to your Superintendent with the above information (and provided links) if you are not currently receiving an online curriculum. Likewise, if your child receives Special Education services, you should contact your Special Education Department and inquire about your child’s IEP, IEP services, and the status of a pre-scheduled meeting.

Links for Reference:

March 21, 2020 Fact Sheet: https://www2.ed.gov/about/offices/list/ocr/frontpage/faq/rr/policyguidance/Supple%20Fact%20Sheet%203.21.20%20FINAL.pdf?utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=

March 16, 2020 Fact Sheet: https://www2.ed.gov/about/offices/list/ocr/docs/ocr-coronavirus-fact-sheet.pdf

Questions & Answers on Providing Services to Children with Disabilities During the Coronavirus Disease 2019 Outbreak, MARCH 2020: https://www2.ed.gov/policy/speced/guid/idea/memosdcltrs/qa-covid-19-03-12-2020.pdf

MA DESE COVID-19 Information page: http://www.doe.mass.edu/sped/covid19.html?fbclid=IwAR2emIHMOqaS37nUcDD61oeMMlbkb_xc5QUyHQWfD26IjdwPvaUi_RcqDMA

COVID-19 Information and Resources for Schools and School Personnel: https://www.ed.gov/coronavirus

CARES ACT (as currently drafted): https://www.republicanleader.senate.gov/imo/media/doc/CARES%20Act%20Final%20-%20Mar%202020.pdf

FERPA & The Coronavirus: https://studentprivacy.ed.gov/sites/default/files/resource_document/file/FERPA%20and%20Coronavirus%20Frequently%20Asked%20Questions.pdf

The Department has released new information clarifying that Federal law should not be used to prevent schools from offering distance learning opportunities to all students, including students with disabilities. This new resource from the Office for Civil Rights (OCR) and the Office of Special Education and Rehabilitative Services (OSERS) explains that as a school district takes necessary steps to address the health, safety, and well-being of all its students and staff, educators can use distance learning opportunities to serve all students. This guidance specifically states: “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.” It is important to emphasize that federal disability law allows for flexibility in determining how to meet the individual needs of students with disabilities. How FAPE is determined and provided may need to be different during this time of unprecedented national emergency. We need to be cognizant of the need to protect the health and safety of students with disabilities and our educators providing special education and related services to our children. “Where, due to the global pandemic and resulting closures of schools, there has been an inevitable delay in providing services – or even making decisions about how to provide services - IEP teams (as noted in the March 12, 2020 guidance) must make an individualized determination whether and to what extent compensatory services may be needed when schools resume normal operations.” I am happy that the Dept of Ed sent out this guidance to address any misunderstandings that have potentially made some educators reluctant to provide any distance instruction due to their understandings regarding potential issues surrounding remote education. This guidance demonstrates that schools should not opt to close or decline distance instruction, and Districts should make local decisions that take into consideration the health, safety, and well-being of all their students and staff.

CORONAVIRUS/COVID-19 FREQUENTLY ASKED QUESTIONS FOR SCHOOLS AND DISTRICTS REGARDING SPECIAL EDUCATION 

March 17, 2020

Given the increasing number of cases of COVID-19 in Massachusetts, and out of an abundance of caution for the health and safety of children and school staff, Governor Baker has ordered a three-week suspension of school operations for educational purposes at all public and private elementary and secondary (K-12) schools in the commonwealth, beginning Tuesday, March 17. Schools shall not re-open for normal operations before Monday, April 6. Please note that this mandated closure does not apply to residential and day schools for students with disabilities. 

The suspension of educational programming will not necessarily affect the availability of school buildings for the provision of food or other essential non-educational services. The Department encourages schools and districts to provide alternative remote enrichment activities for students during the period of school closure. Superintendents must consult with school committees, teaching staff, and other stakeholders about how to provide students with access to alternative learning opportunities based on considerations of equity and the availability of resources. 

The Department provides the following guidance specific to the implementation of special education services during this period of school closure. These responses are based on guidance recently issued by the U.S. Department of Education, available at: https://www2.ed.gov/policy/speced/guid/idea/memosdcltrs/qa-covid-19-03-12-2020.pdf, and additional information being made available by the Massachusetts Department of Elementary and Secondary Education. We will update this memorandum frequently as new information is available.

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Special Education Services and Learning Opportunities

Q: During the period of time a district is closed related to COVID-19, must the district provide special education services to students with disabilities?

When a school district is closed during this ongoing public health emergency and does not provide any educational services to the general student population during the period of closure, the school district is not required to provide services to students with disabilities during that same period of time. Districts should be communicating with parents and guardians during and after a school closure regarding their child’s IEP services. This ongoing communication will help educators, administrators, and parents/guardians understand any impact of the closure on students’ access to a free appropriate public education. After an extended closure, districts should review how the closure impacted the delivery of special education and related services to students and convene individual IEP team meetings, as necessary, in order to make an individualized determination as to whether additional services are needed for individual students.  

Q: What are the district’s obligations to provide FAPE to students with disabilities during extended school closures related to this health emergency?

A district is not required to provide services to students with disabilities during extended school closures if the district does not provide any educational services to students during this period of time. Once school resumes, the district should review how the closure impacted the delivery of special education and related services to individual students and convene IEP team meetings as necessary in order to make an individualized determination as to whether a student needs additional services.  

Educational Resources

Q: How can I provide students with disabilities with educational resources during the period of school closure?

Although schools are suspending in-person educational operations, staff should be planning for how best to equitably provide alternative access to educational resources during this period of school closure. All students can benefit from the structure of learning activities when school is closed. Educational resources could include reading lists, Internet-based lessons, work packets, or other available learning approaches. These resources will assist in maintaining continuity of learning experiences for students and a connection to classmates and teachers during the period of closure. In preparing these resources, districts should consider accommodations and modifications that students need to ensure equal opportunity of access. 

The Department encourages educators and administrators to reach out to students and families by phone, email, and other means of communication during a period of extended closure. For example, counselors, special educators, related services providers, and general educators may provide needed support to students remotely during periods of extended closure.

The Department will post information about available educational resources on its website. We will update this resource list as new resources are identified. 

Q: How do the school closures impact special education students who receive services in community-based settings and students who participate in inclusive concurrent enrollment programs at institutions of higher education?

A district is not required to provide services to students with disabilities during extended school closures if the district does not provide any educational services to students during this time. This includes services that are provided in community-based settings and participation in inclusive concurrent enrollment programs at institutions of higher education. Once school resumes, the district should review how the closure impacted the delivery of special education and related services to individual students and convene individual IEP team meetings as necessary to make an individualized determination about whether a student needs additional services.

 Q: Are all students eligible for compensatory services following these extended school closures?

Whether a student with disabilities is entitled to receive additional services because of the school’s closure is an individualized determination to be made by the IEP team. Teams should consider factors such as the student’s academic progress to date towards their IEP goals, the nature of the service(s) missed, the frequency of the service(s) missed, reports from providers, previous educational history, history and concerns of substantial regression. Team decisions must be documented in accordance with IEP procedures, e.g., N1. 

Q: After schools reopen, does a student need to submit a doctor’s note if they need to be out longer for personal health reasons? 

Given the current health crisis, the Department does not recommend requiring a physician’s note for attendance-related purposes for students who may need to be out for a longer time period. If the student’s parents, however, are seeking home or hospital services educational services during the additional time, the regular home/hospital process must be followed, including the completion of the Physician’s Affirmation of Need for Temporary Home or Hospital Education for Medically Necessary Reasons, which requires a physician’s signature.    

Out-of-District Placements and Approved Special Education Schools and Programs

Q: Must public and private approved day or residential programs comply with the Governor’s closure order?

We recognize that day and residential programs serve some of the most vulnerable students in the Commonwealth and are confident that you and your staff are making appropriate decisions to ensure the health and safety of the students for whom you educate. COVID-19 is a fluid situation and decisions are evolving. While public and private residential and day special education schools were not included in the Governor’s March 15, 2020 Order, these schools should refer to the four scenarios described in Commissioner Riley’s Guidance to Elementary and Secondary Schools Regarding COVID-19 on Friday, March 13, 2020 (available at https://www.mass.gov/doc/guidance-to-elementary-and-secondary-schools-regarding-covid-19) to determine whether a student or staff should be in isolation, quarantined, or to determine whether a school should close.

If a public or private residential or day special education school decides to close, Administrators must contact:

• Local Board of Health

• Department of Public Health at 617-983-6800

• EEC licensor in writing

• DESE, Associate Commissioner, Helene Bettencourt, at Helene.H.Bettencourt@mass.gov or 781-338-3120 and copy Nina Marchese at Nina.M.Marchese@mass.gov   

• DCF, if appropriate 

The school must document all factors leading to the decision to close and maintain onsite at the school available for review the following information:

• The specific circumstances leading to the decision

• Who was involved in making the decision?

• When was the decision made?

• When was closure implemented?

• How and when were parents notified?

Q: My student’s out-of-district day program is staying open. Do school districts need to provide transportation for students in approved private special education schools out-of-district that remain open?

The Department encourages school districts to continue to provide transportation for students who attend out-of-district special education schools or programs that remain open.

Q: Do school districts need to provide transportation for special education students placed at unapproved special education schools or programs?

The Department encourages school districts to continue to provide transportation for students who attend out-of-district special education schools or programs that remain open.

Q: Is “circuit breaker” reimbursement available to cover costs incurred during a student’s temporary absence related to school closures?

Generally, "circuit breaker" provisions authorize reimbursement for IEP program costs during the period of a student's temporary absence, provided the absence does not exceed 20 consecutive school days. See 603 CMR 10.07(5)-(11). In an effort to provide continuity for students and support to approved private or public day or residential special education schools during this time, the Department will consider and process requests for “circuit breaker” reimbursement from school districts for placements at residential and day special education schools for up to 20 days, even if the special education school is closed during that time. The Department is continuing to assess our guidance on this topic as the situation evolves.

State and Federal Timelines and Related Activities

Q: What is the status of DESE onsite monitoring and assistance activities during school closures? 

The Department is suspending all monitoring and onsite assistance visits, except in a few special circumstances related to health and safety. We want you to focus on what matters most, which is keeping your students and staff safe. If you want our assistance, we will be happy to provide it virtually.

Q: How can the district meet special education evaluation timelines if schools are closed?

The Department recognizes that school closures may impact the ability of school districts to meet the 30-day timeline for conduct evaluations in addition to the 45 school working day timeline to develop an IEP after receipt of a parent’s written consent to evaluation or reevaluation. (603 CMR 28.04(2) and 603 CMR 28.05(1).) More specific information will be forthcoming. 

Q: Can parties get an extension on due process hearing timelines?

While the IDEA provides that a final decision on a due process complaint must be issued not later than 45 days after the expiration of the 30-day resolution period, a hearing officer can grant an extension of time beyond the required timelines at the request of either party. 

Please note that effective March 15, 2020, the Bureau of Special Education Appeals will not hold any proceedings in person until further notice. The BSEA will provide opportunities for remote participation, as feasible. 

Q: Will mediations that are scheduled with the BSEA occur during the period of school closures?

Effective March 15, 2020, the Bureau of Special Education Appeals will not hold mediations in person until further notice. Opportunities for remote participation will be offered, as feasible. The BSEA will contact parties as the date of the scheduled proceeding approaches to make necessary arrangements.

Q: Will the MCAS testing windows and the deadline for the MCAS-Alt submissions be extended? 

The Department has not made any changes to the MCAS testing schedule or the deadlines for MCAS-Alt submissions at this time but is evaluating appropriate extensions or changes of the assessment windows, or additional action that may be needed. More guidance will be forthcoming.

Q: Will data submission timelines be enforced for Tiered Focused Monitoring activities and State Performance Plan/Annual Performance Report indicators?

Self-assessments for the 2020-2021 Public School Tiered Focused Monitoring Reviews were originally due on May 1, 2020. At this time, and based on the current information, the Office of Public School Monitoring is extending the due date for the submission of the self-assessments to June 8, 2020. The Department will revisit this timeline as needed. As the due date approaches, please contact Tim Gallagher at 781-338-3717 to discuss the individual circumstances of your school or district.

For those schools and districts engaged in a self-assessment for a Group A Tiered Focused Monitoring Review, this includes data submission for Indicators 11, 12 and 13. Please note that the due date for submission of the Indicator 11, 12 and 13 data is also extended to June 8, 2020.

The deadline for indicator 7 submission is June 30, 2020. As this date approaches, if you have concerns about the submission, please contact Martha Daigle at Martha.S.Daigle@mass.gov to discuss individual circumstances. 

At this time, deadlines for Indicator 14 data submission are not anticipated to change. For Indicator 14, districts in Cohort 2 will use an online survey to learn about the further education and employment outcomes of their former students with IEPs. Data collection is anticipated to begin in June, with a submission date of September 30, 2020. In May, the Department will issue more detailed instructions for this year’s Indicator 14 data collection, including any possible updates. For additional information, please contact Amanda Green at 781-338-3368 or Amanda.C.Green@mass.gov.

Q: When will Web Based Monitoring System (WBMS) trainings be held for collaboratives and approved special education day and residential programs?

WBMS trainings began on March 3, 2020 and scheduled on various dates through April 6, 2020. The trainings this week had to be canceled and it is unclear when the next training will take place. In the next few days, the Department will be contacting the assigned groups and providing alternative training dates and times. All trainings will be held virtually using the ZOOM platform.  If you are registered to attend and don’t receive the correspondence or link please contact Liza Ahern, at Elizabeth.Y.Ahern@mass.gov.

Q: Will data submission timelines be enforced for program and mid-cycle reviews for collaboratives and approved special education day and residential programs in WBMS?

Self-assessments for the 2020-2021 WBMS data submissions for collaboratives and approved special education day and residential programs are scheduled to be due between June 17-24, 2020. At this time, and based on the current information, the Office of Approved Special Education Schools will be extending the due date for the submission of the self-assessments which will be determined in the next couple of weeks. If you have participated in one of the trainings already, we encourage you to work on your self-assessment as best as you are able. Once the due date is finalized and as it approaches, please contact Nina Marchese at Nina.M.Marchese@mass.gov to review the individual circumstances and needs of your agency.

Q: Will the deadlines be extended for submission of the IDEA Part B supplemental grant or grant amendments?

The Department is working to develop next steps for grant submission timelines that provide relief to districts. The Department’s Federal Grants office will be providing more information when available.  

Q: Will the “circuit breaker” extraordinary relief deadline be extended?

The Department will work to extend circuit breaker relief claims. Please contact Craig Delmonte at Craig.Delmonte2@mass.gov, should your school district require an extension.

IEP Meetings

Q: A student’s IEP expires during the school closure period. Will it still be in effect?

Yes. The current IEP will remain in effect until a new IEP is developed, irrespective of the expired date reflected in the IEP forms.

Q: How can the district hold an IEP Team meeting if school is closed or Team members can’t meet face-to-face? 

We recognize that under the Governor’s Order, public school districts are not currently operating. While IEP teams are not required to meet in person while schools are closed, the district may elect to conduct some business virtually. If possible, school districts could convene IEP Team meetings virtually using technologies such as Zoom or phone conferences. Districts must consider whether all IEP team members have access to necessary technology and accommodations to allow remote participation during periods of school closure. 

Other special education topics DESE will address in future guidance:

• School days for approved day programs

• MCAS testing schedule

• MCAS-Alt deadlines

• Paying hourly staff/service providers

• Parent information 

• Canceling April vacation

• Vocational schools

COVID-19 ("Coronavirus") Information and Resources for Schools and School Personnel

From the Federal Department of Education: https://www.ed.gov/coronavirus The most recent update of links and information as of March 17, 2020:

Health officials are currently taking steps to prevent the introduction and spread of COVID-19 ("Coronavirus") into communities across the United States. Schools can play an important role in this effort.

Through collaboration and coordination with State and local health departments, State and local educational agencies, other education officials, and elected officials, schools can disseminate critical information about the disease and its potential transmission to students, families, staff, and community. Schools can prepare to take additional steps to prevent the spread of COVID-19, should State and local health officials identify such a need.

The Centers for Disease Control and Prevention (CDC) offers the most up-to-date information on COVID-19 along with their Guidance for School Settings.

Additional Resources for Elementary and Secondary Schools:

• Fact Sheet: Addressing the Risk of COVID-19 in Schools While Protecting the Civil Rights of Students [PDF, 385KB] (March 16, 2020)

• OCR Short Webinar on Online Education and Website Accessibility  Webinar (Length: 00:07:08) (March 16, 2020)

• Protecting Student Privacy: FERPA and the Coronavirus (March 12, 2020)

• CDC guidance on Considerations for School Closures (March 13, 2020)

• Questions and Answers on Providing Services to Children with Disabilities During the COVID-19 Outbreak (March 12, 2020)

• Fact Sheet: Impact of COVID-19 on Assessments and Accountability under the Elementary and Secondary Education Act (March 12, 2020)  

• CDC Interim Guidance for Administrators of US K-12 Schools and Childcare Programs: Plan, Prepare, and Respond to Coronavirus Disease 2019 (COVID-19) (updated March 12, 2020)
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• The Readiness Emergency Management for Schools (REMS) Technical Assistance (TA) Center website, https://rems.ed.gov/Resources_Hazards_Threats_Biological_Hazards.aspx, has useful information, resources, trainings, and tools for addressing infectious diseases, related topics, and protecting the school community.

• The USDA released new information on flexibilities that will allow students to access meal service during school closures.

• The Office for Civil Rights issued a Letter to Education Leaders on Preventing and Addressing potential discrimination associated with COVID-19.

• Environmental Cleaning and Disinfection Recommendations: Interim Recommendations for US Community Facilities with Suspected/Confirmed Coronavirus Disease

Additional Resources for Higher Education Institutions: 

• The CDC issued Interim Guidance for Administrators of US Institutions of Higher Education (IHE) to Plan, Prepare, and Respond to Coronavirus Disease 2019 (COVID-19) (March 2, 2020)

• The Office of Postsecondary Education issued Guidance for interruptions of study related to Coronavirus (COVID-19).

• Federal Student Aid issued Coronavirus Information for Students, Borrowers, and Parents.

• U.S. Immigration and Customs Enforcement (ICE) issued guidance on Coronavirus Disease 2019 (COVID-19) and Potential Procedural Adaptations for F and M Nonimmigrant Students (March 9, 2020)