Contingency Learning Plans (CLPs): What? Why? How to Respond "Our district developed 'contingency learning plans' for children with IEPs. The information in my child's CLP was incorrect. According to the CLP, I had "no concerns about distance learning" (not true) and I have not been "in communication/no response" with the school (not true). The CLP is misleading because it includes services that the school hasn't provided." We are receiving questions from parents about "contingency learning plans." As we started digging, we had questions about these plans too. What are Contingency Learning Plans? Let's start with definitions. A contingency plan is often used in risk management to mitigate a risk that could have catastrophic consequences. A Contingency Learning Plan What is the purpose of a CLP? Who develops the CLP? Are parents involved in decision-making? If the school implements a CLP, what happens to the child's IEP? After reading about "Contingency Learning Plans" on the websites of several State Departments of Education, we realized that the rules for developing CLPs differ from one state to another. In some school districts, the CLP is developed by a teacher, a case manager, or another member of the child's IEP team. While most State DOEs stress the need to "consult with parents and one or more providers," most parents report that the school did not consult with them before creating the CLP. These parents learned about the CLP when they received a copy of the plan by mail or email. Problems with Contingency Learning Plans Some school districts create an CLP, then drop the child's IEP. The CLP is not developed by the child's IEP team that includes the parent. A sample CLP developed by a Michigan school district includes this language: "During the public health emergency caused by the COVID-19 pandemic, we will implement this Contingency Learning Plan for your Student. Once school resumes, this plan will expire and the current programs and services outlined in the Individualized Education Plan will continue." The federal special education law does not permit a school to stop implementing a child's IEP or replace the IEP with a "contingency learning plan" that was not developed by the child's IEP team that includes the child's parent. Guidance from State DOEs? Some states offer clear guidance about the purpose and limits on CLPs. Texas: Special Education Emergency Contingency Plans We read documents on the Texas (TEA) website including an impressive FAQs document, "COVID-19 FAQ: Special Education Emergency Contingency Plan April 3, 2020" https://tea.texas.gov/sites/default/files/covid-19_sped_emergency_contingency_guidance_april_3.pdf "The Special Education Emergency Contingency Plan may be used to document the temporary special education services that are feasible and safe to provide to an individual student while a local education agency (LEA) is closed but continuing to provide instruction ... [While] information recorded in this document may come from the student’s individualized education program (IEP), this form is not intended to serve as, or to replace, the most recent IEP agreed upon by the student’s admission, review, and dismissal (ARD) committee." "Without documented parent/guardian agreement under 34 CFR §300.324 to amend the student’s IEP, this form should not be considered a fulfillment of an IDEA requirement."

According to the Texas FAQs, Emergency Contingency Plans may be used to document services that will be provided so this is clear to parents/guardians and educators and to help the ARD committee (IEP team) determine what, if any compensatory services will be provided to the student when school reopens. School districts "... must coordinate with a student’s parents/guardians in the completion of this document, and it must be individualized for each student." "Parents/Guardians can provide information about preferred types of activities that work well in engaging their child at home; therefore, collaboration could include conversations about the need for telephone consultations, teleconference meetings, days, times and methods for providing instruction, etc." "Once the plan is developed, it is important that a student’s educators and family continually communicate to adapt and adjust the plan based on the student’s ongoing needs." Good job Texas! Michigan: Guidance for Compliance with the Individuals with Disabilities Education Act and the Michigan Administrative Rules for Special Education During the COVID-19 Pandemic https://www.michigan.gov/documents/mde/MDE-OSE_GuidanceIDEA-MARSE_Covid-19_685879_7.pdf We found the guidance on the Michigan DOE site to be confusing and contradictory. The Michigan DOE encourages school districts to develop "Continuity of Learning Plans" to describe how the district will provide educational instruction to all students. The Michigan DOE also encourages school districts to develop "Contingency Learning Plans" for students who have IEPs. We noted that the description of a "Contingency Learning Plan" is identical to the legal description of an Individualized Education Program (IEP). "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 (3) participate in extracurricular and other nonacademic activities; and (4) be educated and participate with their nondisabled peers to the maximum extent appropriate. [See Question 2] Why would a school district want a "Contingency Learning Plan" that is essentially the same as an IEP? Why create two documents when one is sufficient? We were also confused by the answer to a question about amending IEPs. Q: Should IEPs be amended in response to services in the IEP not being provided during an extended school closure? A. No. Districts are encouraged to use a contingency learning plan which lays out the "special education and related services the district is able to provide in light of the circumstances." No? Why require school districts to create contingency learning plans to "lay out the special education and related services the school district is able to provide in light of the circumstances?" Why not amend the child's IEP "in light of the circumstances?" * Steps to Take if You Disagree Parents: If or when you find a "Contingency Learning Plan" in your mailbox, you need to read it. Correct errors. Add your thoughts about what the school is providing (and not providing). You may decide to provide your thoughts about amending the IEP instead of creating a new document category - a dumb idea and the last thing special education needs. If you want to make corrections, clarify, or note your objections, use our new Sample Letter to Document a Problem: Contingency Learning Plans, Request an IEP Meeting and tailor the details to your child's circumstances. please use a separate piece of paper. You can provide your corrections in a handwritten note or in a letter created in a word processing program that you print out. Link Link spanish Texas: COVID-19 FAQ: Special Education Emergency Contingency Plan April 3, 2020 https://tea.texas.gov/sites/default/files/covid-19_sped_emergency_contingency_guidance_april_3.pdf The Special Education Emergency Contingency Plan form may be used to document the temporary special education services that are feasible and safe to provide to an individual student while a local education agency (LEA) is closed but continuing to provide instruction during the COVID-19 pandemic.While some or all of the information recorded in this document may come from the student’s individualized education program (IEP), this form is not intended to serve as, or to replace, the most recent IEP agreed upon by the student’s admission, review, and dismissal (ARD) committee. It may be used for documenting services that will be provided so that there is clarity for both parents/guardiansand educators during this unique situation and to assist the ARD committee in determining what, if any, compensatory services will be provided to the student once school reopens. LEAs must coordinate with a student’s parents/guardians in the completion of this document, and it must be individualized for each student. Michigan https://www.michigan.gov/documents/mde/MDE-OSE_GuidanceIDEA-MARSE_Covid-19_685879_7.pdf 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; and4)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. 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 ... through the contingency learning plan. The contingency learning plan will be in effect for the remainder of the 2019-2020 school year. Staff should consider accessibility, including accommodations and modifications •To the greatest extent possible, keep equity at the center of the work to develop the individual contingency learning plans •Document effort: Focused;Consistent;oDetailed; and o Demonstrates good faith effort to provide programs and/or services to students with an IEP. The Special Education Emergency Contingency Plan form may be used to document the temporary special education services that are feasible and safe to provide to an individual student while a local education agency (LEA) is closed but continuing to provide instruction during the COVID-19 pandemic. While some or all of the information recorded in this document may come from the student’s individualized education program (IEP), this form is not intended to serve as, or to replace, the most recent IEP agreed upon by the student’s admission, review, and dismissal (ARD) committee. It may be used for documenting services that will be provided so that there is clarity for both parents/guardians and educators during this unique situation and to assist the ARD committee in determining what, if any, compensatory services will be provided to the student once school reopens. LEAs must coordinate with a student’s parents/guardians in the completion of this document, and it must be individualized for each student.