Here are the facts: Shortageof school psychs, SP,PT,OT for at least 10 years before pandemic. Parents who are knowledgeable and have been keeiping records of education school provides will be in a stronger postion tomake case for comp ed If you want the school to help your child catch up, How is distance learning plan different from contingency learning plan? Measuring Progress Collecting Data to Support a Request for Comp Ed and/or ESY Services If you are like millions of parents, you've been counting the days until your child's school reopened for in-person learning. If you received news that the school will not reopen on schedule, or you believe this news is imminent, you are likely to worry about more lost services and educational progress setbacks for your child with special needs. Don't under-estimate this virus -- it's devious. Reopening schools for safe in-person learning is complicated. Staying open is incredibly difficult, even with strict safety measures. There are steps you can and should take now to reduce the damage to your child. In this issue of The Special Ed Advocate, you will learn to... * develop a distance learning plan that is specific, measurable and realistic; * build your child's case for compensatory education services; and * identify and avoid pitfalls you may encounter along the way. ***************** 1. Develop a SMART Distance Learning Plan Assume your child did not receive the special education and related services in the IEP or 504 Plan after schools closed in March. Your child will not automatically receive compensatory education or extended school year services. You need to gather data and other information to build your child's case for compensatory education and ESY services. How do you start? Create a Distance Learning Plan Request a meeting with your child's IEP or 504 team to create a distance learning plan. The distance learning plan should include specifics and details about how the district will deliver instruction to your child. The distance learning plan needs to consider your family's devices and ability to access the internet. Your child's distance learning plan needs to be SMART (specific, measurable, active, realistic, time-limited) and needs to include data tracking frequent progress monitoring ongoing communication between parent and school related services Data Tracking Your child's distance learning plan needs to include data tracking. Data tracking should be spelled out in detail and should define your role and the school's role in collecting information about your child's learning (performance). Frequent Progress Monitoring Your distance earning plan needs to include frequent progress monitoring. You need to know if your child is benefitting from the services in the plan. If your child is not benefitting, the plan needs to be changed quickly. Ongoing Communication About Your Child's Performance Suggest a plan for regular communication with the school that works for you. If the plan does not take your other responsibiltiies into account, the plan willfail. Suggest a plan for regular communication between you and the school that works for you. If the plan does not take your other responsibilities into account the plan will fail. Phone calls and video conferences are fine but you need to maintain good documentation of all calls and conferences. Your documentation should include who is on the conversation and what was discussed. Related Services in the distance learning plan If your child's IEP includes related services (speech language, physical therapy, occupational therapy, tutoring, etc.), your distance learning plan should specify how and when these related services will be delivered now. Get Creative - Track progress on IEP goals and objectives Your child's IEP goals should be written objectively and in measurable terms (SMART IEPs) https://www.wrightslaw.com/info/ieps.tactics.session.htm You should be able to set up trials of your child's IEP goals at home. Here is an example of how to track performance Table with five columns and two rows Goals Trial 1 (date) Trial 2 (date) Trila 3 (date) Goal met? Cell Phone Videos Taking videos of your child may be the easiest and most convenient way to establish a record of your child's progress that you can use in later discussions about comp ed and ESY. Set up trials of your child's IEP goals. Use your phone to record your child's performance. Videos are an excellent way to establish whether your child mastered IEP goals or regressed. Create a checklist to track information. Create a simple checklist to track your child's progress on academics, behavior, and work completion. Create a table with four rows and two columns called School Work Log and Date. Keep a list of what the school offers and actually provides. Your list will be will be useful when you discuss the services your child missed. Do not rely on the school district's records. The school district's records may not be an accurate reflection of services provided or progress made, Here is an example of the system you might use Create a table with five columns and three euros Track the time your child spends working. You and your child's team need a clear idea of how much time your child spends on school work. If your child cannot pay attention to remote lessons or cannot do the work provided, you need a record of this. Keep an organized notebook of information and observations. Develop a system of keeping all your documents together. The data and information you collect now is the best evidence you have forgetting services afters the school reopens. This is a good advocacy practice period Review your child's educational history Does your child has a history of receiving PSY? If your child's receipt has received yes why services in the past, this may be this is probably this is the best evidence that your child is likely to need yes why services in the future. Does your child have a tendency to lose skills? Does your child have a tendency to regress on's Gills over long school breaks? This tendency is likely to occur during along school closures and will strengthen your argument for ES Y and compensatory education. Contact an advocate or attorney if you need help Pitfalls Do not agree to change your child's IEP to reflect the school's current limitations. Do not agree to amend your child's IEP to reflect the reduced services your child is receiving during the pandemic, while in-person school is not available. Your child's IEP must be tailored to your child's unique needs and include the special eduction and related services he or she needs to receive a free appropriate public education. The requirements for a FAPE did not change because the school is currently unable to provide in-person instruction. If you agree to reduced services in the distance learning plan, this could reduce the compensatory education services your child will receive down the road. How Parents Can Overcome Roadblocks to Compensatory Education https://www.wrightslaw.com/info/virus.comped.obstacles.htm If your child had an IEP or 504 Plan when the school closed, the school is still required to provide your child with a free appropriate education. Some school districts have not found a way to provide the special education and related services in IEPs. Many states encouraged school districts to generate "contingency plans" Your child is still entitled to a free appropriate education and an IEP. This did not change. Building Your Child's Case for Compensatory Education Services In March, the coronavirus forced states to close K-12 schools across the country. Parents had questions about how school closures would affect their children's programs of special education and related services. "If it is not in writing, it was not n't said. If it was not in writing, it did not happen."Pete Wright It's time to send a letter or email to your contact person on your child's IEP team. You need to request a meeting to determine the school's preliminary estimate of compensatory services for special education and related services that were not provided during the spring 2020 semester. In making this request, you are gathering information about how your district plans to handle requests for comp ed and you are opening the door to ongoing discussions. Why now? If you wait too long to address the issues of missed services and the impact missed or lost services had on your child, memories will fade. You may also run into legal limits on the time you have to request compensatory services. In March and April of this year, the US Department of Education issued guidance to states and school districts. Districts need to make *individualized decisions* about whether they owe and will provide compensatory education to children with disabilities because they did not provide special education and related services after COVID closed schools. Your child's right to a "free appropriate public education" (FAPE) did not change. The "purpose" of the law and the legal definitions of "special education," "specially designed instruction," and "Individualized Education Program" including regular progress reports, did not change. (below) The legal standards for compensatory education and extended school year have not changed but ... Your child will not automatically receive compensatory education or extended school year services. Purpose - “to ensure that all children with disabilities have available to them a free appropriate education that emphasizes special education and related services to meet their unique needs and prepares them for further education, employment, and independent living.” 20 U.S.C. §1400 (d) (1) (A) [IDEA} Special education – “specially designed instruction at no cost to the parents, to meet the unique needs of the child with a disability, including instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings . . “ 20 U.S.C. §1401 (29) [IDEA] Specially designed instruction – “adapting, as appropriate to the child’s needs, the content, methodology, or delivery of instruction to address the unique needs of the child that result from the child’s disability; to ensure access of the child to the general education curriculum, so that the child can meet the educational standards within the jurisdiction of the public agency that apply to all children.” 34 C.F.R. §300.39 (b) (3) [IDEA]