1.     If a school system is moving services to virtual or online learning for all students, will we be required to amend the IEPs?

If moving to virtual or online instruction is part of the school closure recommendation, then OSEP will not require you to go back into the IEP. This decision will be an alternate mode of instructional delivery for all students.

However, the IEP Team can develop a distance learning plan as a contingency plan in the event of a COVID-19 outbreak that requires school closures.  Contingent provisions may include the provision of special education and related services at an alternate location or the provision of online or virtual instruction, instructional telephone calls, and other curriculum-based instructional activities, and may identify which special education and related services, if any, could be provided at the child's home.

While the distance learning plan is not necessarily an amendment to the IEP, the school system should adhere to the IEP amendment guidelines to ensure that families have meaningful opportunities to engage in this process.

In making changes to a child's IEP after the annual IEP Team meeting for a school year, the parent(s) of a child with a disability and the LEA may agree not to convene an IEP Team meeting for the purposes of making those changes, and instead may develop a written document to amend or modify the child's current IEP.

2.     What if the school system would like to maintain virtual, online instruction after the student returns to school?

The IEP Team will need to address the change of placement in the IEP.

3.     If a school system closes for several weeks, will they need to consider compensatory services for every student with a disability?

4.     Are we required to make compensatory services available to preschool students?

Per OSEP's guidance, compensatory is intended for school ages. You are not required to look at compensatory services for this age group. You may want to consider related services. 

Georgia has not differentiated between preschool students and school age students concerning compensatory services and encourages IEP teams to evaluate the individual impact of school closures for each student with a disability-to include preschool students with disabilities.

5.     Are schools required to provide services during school closures?

The school system is not obligated to provide special education services if all students are not receiving instruction.

6.     What if the school is closed, but students continue to access instruction?

The school system must provide access to the curriculum for each student and cannot discriminate based on individual needs.

7.     What if this transition does not meet the individual needs of students?

The school system should consider compensatory service options to address this concern.

8.     What if an individual student is unable to access instruction based on a quarantine?

Consider the hospital/homebased instruction procedures to address the student's individual needs. Always consider safety first!

9.     How will school systems address IEPs that will expire during remote learning time.

IEPs must be reviewed annually.  34 C.F.R.§ 300.324(b)(1).  LEAs and parents may mutually agree to use alternative means to hold the annual review IEP Team meeting, including video conferences or conference calls. 34 C.F.R. § 300.328.  Additionally, LEAs and parents may mutually agree to extend the timeline to conduct the annual review IEP Team meeting due to the COVID-19 pandemic.  See USED Supplemental Fact Sheet. 

In making changes to a child's IEP after the annual IEP Team meeting, LEAs and parents may agree to not convene an IEP Team meeting, in-person or through alternative means, for the purposes of making those changes, and instead develop a written document to amend or modify the child's current IEP.  34 C.F.R. § 300.324(a)(4)(i). 

10.  What if the parent chooses to keep the child out of school and not access services?

The school system should make services available and address this instance as the local procedures to be absent from school.

11.  If school systems are sending work home as a precautionary measure, is this considered continuation of services?

The school system should consider individual access to the resources.

12.  Do you anticipate flexibility with timelines for evaluations based on school closures?

An initial evaluation must be conducted within 60 days of receiving parental consent or within the state-established timeline. 34 C.F.R. § 300.301(c).  Completion of the initial evaluation is defined as completion of the evaluation report(s). GaDOE Special Education Rules Implementation Manual, Evaluation and Reevaluation chapter, page 1, August 6, 2018.  “Holiday periods and other circumstances when children are not in attendance for five consecutive school days shall not be counted toward the 60 calendar day timeline, including the weekend days before and after such holiday period [or other circumstance], if contiguous to the holidays [or other circumstances]. . ."  Ga. Bd. of Educ. R. 160-4-7-.04 (1)(b)(1). 

Five or more consecutive days when children are not physically in attendance due to the COVID-19 pandemic is considered an “other circumstance," and such days, including contiguous weekend days, will not be counted toward the 60 calendar day initial evaluation timeline.  Additionally, LEAs and parents may mutually agree to extend the timeline to conduct the initial evaluation due to the COVID-19 pandemic. 

13.  If the student does not access the alternative supports, will the school system be responsible for compensatory services?

The school system must ensure that the student doesn't have an access issue. If the use of the materials is available but not used, then the school system obligation has been met.

14.  What if the student does not have access to hardware and appropriate technology?

The school system will need to consider alternative ways to provide the instruction.

Educational services would be instructional services or related services necessary to meet the unique needs of a student with a disability.

The school system would not be required to make up services for days waived for all students.

17.  Will this emergency allow an extension to the 60-day timeline for a formal complaint?

LEAs and parents may mutually agree to an extension of the 60-day timeline for complaint resolution to engage in mediation.  34 C.F.R. § 300.152(b)(ii); Ga. Bd. of Educ. R. 160-4-7-.12(1)(12).  LEAs and parents may also mutually agree to an extension of the 60-day timeline for complaint resolution due to the COVID-19 pandemic. 

An SEA may extend the 60-day timeline for complaint resolution if exceptional circumstances exist with respect to a particular complaint.  34 C.F.R. § 300.152(b)(1). 

In light of the COVID-19 global pandemic, exceptional circumstances may exist with respect to a particular complaint to warrant the SEA extending the 60-day timeline for complaint resolution.  This determination will be made on an individual basis.  

Staff should maintain documentation of specific services, progress, and any service gaps.

20.  Is there an obligation for service providers to offer in-home therapy such as speech services or occupational therapy?

There is not an in-home requirement. The school system could use alternative strategies or modes.

21.  What are helpful procedures to consider during a quarantine requirement for individual student with a disability?

Consider alternatives to school-based learning. These might include homebound instruction, instructional telephone calls, online learning, homework packets, or other distance-based learning strategies, the 2009 guidance said.

Allow IEP teams to meet virtually. IEP teams are allowed to meet virtually to confer about individual student supports. Additionally, assessments and evaluation activities that are available online should continue during a quarantine. If face-to-face meetings are required but impossible to carry out during a school shutdown or because of a student's illness, those activities will need to be delayed.

Consider changes in placement. If the school closure is for an extended period, the LEA must consider placement decisions for students with disabilities under the IDEA's procedural protections. 34 CFR 300.115 through 34 CFR 300.116. If the team decides that a student's needs can be met through homebound instruction, then the district must issue a prior written notice proposing the change in placement. Parents can challenge this change in placement, according to the 2009 guidance.

A meeting to develop an initial IEP must be conducted within 30 days of a determination that a child needs special education and related services.  34 C.F.R. § 300.323(c)(1).  LEAs and parents may mutually agree to use alternative means to hold the initial IEP Team meeting, including video conferences or conference calls. 34 C.F.R. § 300.328.  Additionally, LEAs and parents may mutually agree to extend the timeline to meet and develop the initial IEP due to the COVID-19 pandemic. 

Assuming that during the virtual lesson, PII from student education records is not disclosed, FERPA would not prohibit a non-student from observing the lesson.

The directory information exception permits certain PII from education records which an educational agency or institution has designated as directory information to be disclosed during classroom instruction to students who are enrolled in, and attending, a class. The directory information exception may not be used to opt out of disclosures of a student's name, identifier, or institutional email address in a class in which the student is enrolled. 34 CFR §99.37(c)(1).

As a best practice, educational agencies and institutions should discourage non-students from observing virtual classrooms in the event that PII from a student's education record is, in fact, disclosed in such virtual classrooms.

Schools may wish to include instructions for students participating in the virtual classroom regarding not sharing or recording any PII from education records that may be disclosed in the virtual classroom or to obtain prior written consent to permit any such sharing of PII from education records. https://www.gadoe.org/Technology-Services/Data-Collections/Documents/Data%20Collection%20Website/FY2020/FERPA%20and%20Virtual%20Learning.pdf

Equipment and other electronic devices are allowable to be paid from IDEA for students with disabilities. Allocability allows IDEA funds to be used pay for internet services and hotspots for access the curriculum for students with disabilities in proportion to the benefit to the grant.

While generally IDEA funds must be used only for the excess cost of educating students with disabilities, in an instance of accessing the curriculum, it is allowable because it is reasonable, necessary, and mostly allocable.

A distance learning plan should be written for each student with a disability. While the school system will not be required to amend the IEP or develop a distance learning plan, the distance learning plan should consider the special education and related services that can be provided to the greatest extent possible. The distance learning planning process should engage families and use the IEP amendment procedures. Even if a school system opts not to develop a distance learning plan, the school system must document the offering of a free appropriate public education, access to the general curriculum based on provision of educational services for all students, and the degree by which families have been engaged in this process.

In addition to an individualized distance learning plan, the school system should consider systemwide procedures necessary to provide access to the general curriculum and special education services for all students with disabilities. The systemwide plan will ensure that the school system has procedures to address the unique needs of targeted groups of students. In some instances, school systems may use individualized documentation of special education services and contacts to support comprehensive distance learning plans.

Yes, the A Distance Learning Plan is not amending the IEP but should follow the amendment process. These changes can be made either by the entire IEP Team at an IEP Team meeting or by agreement between the parents and LEA.

The parent(s) of a child with a disability and the LEA may agree not to convene an IEP Team meeting for the purposes of making those changes, and instead may develop a written document to amend or modify the child's current IEP. [34 C.F.R. § 300.324(a)(4)(i)] (Webinar Slide 19 dated 4/3/2020)

Generally, once students have graduated there is no longer an offer of FAPE and IDEA funds could not be used for evaluations for those students. COVID-19 school closures presented unique procedural circumstances; therefore, flexibility may be appropriate to permit IDEA funds to be used for evaluations of student who have graduated.

For instance, if evaluations were needed for transition purposes before the students graduated, then it may be allowable to use IDEA funds to provide those evaluations until the end of the grant period of September 30^th. However, allowability is determined on an individual student and LEA basis. Cost principles still apply. Local educational agencies are encouraged to reach out to their IDEA Budget Liaisons if further specific discussions are needed.