Response: The federal guidance received to date does not clearly state when a school district is required to amend an IEP based upon the need to move to a distance learning deliver model due to the COVID-19 pandemic. The following questions and answers address special education due process during the period of distance learning which began on March 30, 2020 in response to the COVID-19 pandemic. State Board of Education & Superintendent, MDE COVID-19 Online Instructional Resources, Michigan Merit Curriculum/Graduation Requirements, Early/Middle College High School Opportunities, State School Aid Section 61.a1 (Added Cost), MDE COVID-19 Early Childhood Information and Resources, Preschool Development Grant Birth through Five, Education Support Staff Professional of the Year, Michigan Educator Evaluation Tool Application and Scoring Guide, Michigan Online Educator Certification System, Early Middle College High School Opportunities, Child and Adult Care Food Program (CACFP), MEIS (Michigan Education Information System), Alternatives to Suspensions and Expulsions Toolkit, MDE COVID-19 Education Information and Resources, Title IX of the Education Amendments of 1972, Early Warning Intervention and Monitoring System, Michigan Integrated Continuous Improvement Process (MICIP), State Performance Plan and Annual Performance Report, National Assessment of Educational Progress, Measurable Annual Goals and Short-Term Objectives [PDF], Standards for Extended School Year Services in Michigan [PDF], Guidance for Extended School Year Services in Michigan [PDF], Public Agency Placement of Students With Disabilities in Private Schools [PDF], Providing Homebound and Hospitalized Educational Services for Michigan Public School Pupils [PDF]. These decisions must be individualized for each student with documented parental input. The remaining high risk onsite reviews will be re-evaluated to determine how to proceed after March 30. fragment.Display(g_navNode_Root); Another example of data collection could be a student putting together a portfolio, video, or audio file to demonstrate competence on a particular goal, such as reading comprehension. MDE’s FAQ-style document is non-binding and is not intended to provide legal advice. Minn. R. 3525.2550, subp. Selected Universal Tools, Designated Supports, and Accommodations. . 34 C.F.R. A new record must be created in MARSS with a start date on or after the seventh birthday. See MDE Guidance document, Special Education Services—IEP or 504 Plan section. Additionally, a student may need additional or different accommodations and supports to be able to access the instruction in the home environment. The key is to ensure that the signature is tied to a particular person. The MDE OSE has created this document to establish special education priority topics for the 2020-2021 school year and to provide answers to a series of questions MDE has received in a uniform and consistent manner. 148 0 obj <>/Filter/FlateDecode/ID[<34857857CED5F7448E322D872FA4D0BF>]/Index[125 36]/Info 124 0 R/Length 108/Prev 187722/Root 126 0 R/Size 161/Type/XRef/W[1 3 1]>>stream They have been reorganized for the March 24, 2020 update. All moderate risk level desk reviews are complete and just going through internal review processes. The United States Department of Education has not requested a waiver of the progress reporting requirement due to the COVID-19 pandemic. . See OCR/OSERS Supplemental Fact Sheet. See Minnesota Summer Programming Guidance for Schools under the Equitable Summer Programming section. If you and the school district are unable to reach agreement on how to provide FAPE to your student during distance learning, you have the right to object to the proposal and request a conciliation conference, a meeting with relevant members of the student’s IEP team, or alternative dispute resolution, which may be held remotely, such as via telephone or through an online meeting platform. However, the distance learning plan cannot include having a staff member or direct service provider being physically in the same location for the provision of specialized instruction or related services. Thus, if the parent/guardian objects to a district’s proposed special education and related services during the distance learning period, and requests a conciliation conference or meeting with relevant members of the IEP team, the district will work with the parent/guardian to schedule a conference/meeting (to occur through remote means such a conference call or online platform) to discuss their concerns and attempt to reach resolution. 2. 34 C.F.R. Advisory Boards, Councils and Task Forces, Career and College Readiness (High School), Minnesota Braille and Talking Book Library, English Language and Multilingual Learning, Contact Professional Educator Licensing Standards Board, Equitable Access to Excellent and Diverse Educators, Continuous Improvement in Districts and Schools, Elementary and Secondary Education Act (ESEA)/Federal Title Programs, Early Childhood Longitudinal Data System (ECLDS), Schools, Districts and Teachers at a Glance, Statewide Longitudinal Data System (SLEDS), Statewide Longitudinal Data System (SLEDS) Secure Reports, Professional Educator Licensing and Standards Board (PELSB). If a district or charter school offers the hybrid model for summer programming to all its students, then the determination of the frequency, location and duration of services must be made by relevant members of the student’s IEP team. See Minnesota Summer Programming Guidance for Schools, under the In-School Special Education Services section. 6) and an IEP developed within 30 days of that determination (34 C.F.R. To the extent the school district is able to assess the child without face-to-face contact, the school district should proceed. ow IEP services will be provided using another modality (distance learning). 300.506(b)(5). Other alternative dispute resolution options offered by school districts, such as conciliation conferences and meetings with relevant members of the IEP team after a parental objection to a prior written notice, should remain available and be offered remotely. You can also discuss with your student’s IEP team whether you need consultation with your student’s teachers and related service providers in order to support your student during distance learning, and those services could be added to your student’s IEP or individualized distance learning plan. Accordingly, MDE will take these calendar days into account when calculating compliance requirements. Where technology itself imposes a barrier to access or where educational materials simply are not available in an accessible format, educators may still meet their legal obligations by providing children with disabilities equally effective alternate access to the curriculum or services provided to other students.”. §300.324(b)(1). Response: During the eight-day statewide temporary closure of all public schools, there will be no instructional services provided to students. (MDE’s Guidance Document), which includes updates. Response: See the information on State and Federal Special Education Funding Changes Due to COVID-19 on the MDE website. DirectionsMedia Inquiries Email the Communications Office General Inquiries View the Contact Us page, Search Minnesota Government White PagesCopyright 2020Minnesota Department of EducationAn Equal Opportunity Employer and Service Provider, Based upon Frequently Asked Questions Related to Special Education Due Process During the Distance Learning Period. See Question 3 in the Q-and-A on School Closure. For example, a parent may record a video of the student during the time she or he is doing school work to provide data on the student’s ability to stay on task, or to demonstrate competency for a particular objective or goal. For students enrolled in either a charter school or district offering summer and ESY programming wholly through a distance learning model, IEP teams still determine the frequency, location and duration of ESY services, consistent with 34 C.F.R. K.D., 1485 C.D. § 125A.091 and Minn. R. 3525.3600. See OCR/OSERS Supplemental Fact Sheet. Response: As noted the guidance from the U.S. Department of Education, including OSEP’s March 12, 2020, technical assistance document and OCR’s March 16, 2020, Fact Sheet, school districts, during the period of distance learning, should provide “special education and related services to students with disabilities in accordance with the student’s IEP,” which may now include incorporated individualized distance learning plans. In addition, there are low-tech strategies that can provide for an exchange of curriculum-based resources, instructional packets, projects, and written assignments. , to the extent the school district is able to assess your student without face-to-face contact, the school district should proceed with the evaluation. ment context and any barriers the student faces to learning at home. Progress monitoring may be collected through a variety of sources, such as assessments, observations, and working with the parent to collect data on a student’s on-task behavior while doing school work. The planning must address how schools will provide a free and appropriate education (FAPE) to students with disabilities. Minn. R. 3525.2550, subp. See 34 C.F.R. Those LEAs who still have an onsite review scheduled for this fiscal year will be contacted in April with more information. These decisions must be individualized for each student with documented parental input. During this unprecedented time, the Minnesota Department of Education (MDE) seeks to ensure equitable educational opportunities for all students while prioritizing their health and well-being. See Questions 2 and 33 and responses above. Response: Yes. Q: How is Free Appropriate Public Education (FAPE) for students with disabilities with an IEP or Section 504 plan determined during the period of distance learning? For students enrolled in a charter school or district offering a hybrid approach for summer and ESY programming, IEP teams determine the frequency, location, and duration of ESY services, consistent with 34 C.F.R. Response: Schools and school districts should have attendance policies in place that accommodate for the implementation of their distance learning model, consistent with the attendance section of the School Closure Guidance for Minnesota Public School Districts and Charter Schools. The U.S. Department of Education, in its supplemental fact sheet entitled Addressing the Risk of COVID-19 in Preschool, Elementary and Secondary Schools While Servicing Children with Disabilities, stated, “The Department encourages parents, educators, and administrators to collaborate creatively to continue to meet the needs of students with disabilities.”, That document also provides, “School districts must provide a [FAPE] consistent with the need to protect the health and safety of students with disabilities and those individuals providing education, specialized instruction, and related services to these students. The Department encourages parents, educators, and administrators to collaborate creatively to continue to meet the needs of students with disabilities. %%EOF If you believe the school district is not following your student’s IEP during the distance learning period, then you could contact your student’s case manager or school district special education administration regarding your concern. Response: As provided in the special education section of MDE’s Guidance document, in the event of extended school closures, the school district remains responsible for the FAPE of its students eligible for special education services who have an IEP or Section 504 plan. It is critical to provide this learning in a format that can be equitably accessed by all students.”. However, it is not necessary in a reevaluation to repeat intelligence quotient (IQ) and achievement assessment unless there is a specific need for updated data. See 34 C.F.R. Skip navigation held in a location that is convenient to the parties to the dispute.” 34 C.F.R. Accordingly, during this eight-day statewide closure of public schools when no instruction is to be provided so school staff can develop their plans, an amendment is not necessary. Q: What should I do if the distance learning plan we developed is not working for my student?
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