This page will address:

1. Recoupment of Skills

2. Tips for Virtual IEP and 504 Meetings

3. FAPE Documentation during COVID

ADDRESSING GAPS IN EDUCATION

The educational impacts of 2020/21 education models on students is profound, perhaps no more profound than on students with special/exceptional needs. Many parents have started asking me about addressing educational gaps sustained by their students on IEPs during 2020/21. There are a number of different avenues to address these gaps. Here are some terms you may have heard (or may hear):

Extended School Year (ESY): Extended School Year, often referred to as “ESY,” is an educational service (special education, OT, Speech, PT, Mental Health, etc) specifically designated for students on IEPs who experience or are expected to experience regression of skills when learning is interrupted for extended periods, such as over summer break. Supplemental instruction (typically offered over the summer) is provided in order to mitigate regression.

Recoupment Services: Many districts are offering one-time covid-related educational opportunities to students who lost (or are losing) skills during the COVID models, or while being served under contingency plans (which I’ll discuss in later section). Many states/districts are using a model for determining eligibility that looks at student progress towards IEP goals, a comparison of student’s pre-COVID progress to current rate of progress and/or the particular student’s progress during COVID in comparison to peers’ progress during the same time period.

Compensatory Services: This is generally service delivery that is offered because a student’s offering of FAPE (Free Appropriate Public Education) was not provided by a school district. For example, if your student’s IEP calls for Speech services, and those were not provided, you may seek compensatory speech services. Another example would be if your child did not receive all of the special education service time listed in his/her/their IEP.

Though three different categories are addressed above, the actual resulting instruction may be similar.

NOTE: Due to high demand for supplemental instruction, it’s likely that a school/district may not reach out directly to extend these offerings to students/families. If you believe your student may benefit from these services, proactively initiate the request. Please contact me if you need assistance.

Specificity around what you are seeking (recoupment, ESY, compensatory) may help activate your request.

A student may be eligible for none, one, or any combination of these offerings.

Students on 504 plans may also be eligible to receive recoupment/recovery services.

VIRTUAL MEETING TIPS

As we enter the second half of the school year, many families will be preparing for Annual (IEP/504) or Triennial Reviews (IEP), or Initial Eligibility Process (IEP/504). Here are some of my Tips for Virtual IEP and 504 Meetings:

Ask to see results of any testing/observations prior to the meeting.
In advance of the meeting, you may request specific staff members to be a part of the 504 or IEP team.
Ask for documents being discussed to be projected on the screen. Ask for updates to be made in real time, so that important agreements are not forgotten after the meeting.
Practice the mute/unmute feature prior to the meeting.
Write down your thoughts before the meeting. Meetings can be emotional, and it’s easy to forget to address important points.
If you have an advocate, you won’t be able to turn and talk during the meeting, so set up an alternative way to communicate during the meeting, via private text or chat feature.
Many virtual meeting platforms have a “record” feature, which you can request the team use, should you wish.
Make sure the right players are present. All professionals who performed assessments should be present to present their findings.
Ask questions in the chat box, or by interjecting in the meeting. Ask team members to explain special education terminology and acronyms.
Offer suggestions! You have a unique knowledge of your child. This knowledge will help the team build effective supports.
Bring outside support when needed. Bringing a knowledgeable advocate to a meeting is a way to ensure that correct protocol is followed and to keep meetings non-adversarial, and student centered.
To the extent possible, involve your child in the planning!

DOCUMENT DESIGN: CONTINGENCY PLANS VS. FULL OFFERING OF FAPE

As you design your child’s IEP, be sure that you and the school are agreeing on a FULL offering of Free and Appropriate Public Education (FAPE). The IEP should NOT be written to a current, reduced offering to reflect contingency services during COVID virtual/hybrid/impacted models.

A contingency plan, if necessary, should be a separate offering.

When a contingency plan is offered (often with reduced hours and/or services, but sometimes just a different method of delivery), know this offering is also a team decision, up for debate, collaboration, disagreement, and that all Individuals with Disabilities Education Act (IDEA) safeguards are still in place.

LOOKING AHEAD:
One of the silver linings of 2020 and 2021 has been more transparency around the education our students receive (or in some cases, don't receive). Many of you have been able to listen in on your student's services. I believe increased transparency and ensuing dialogue has made us all better advocates.

COVID has brought an entirely new and robust host of complications to the already confusing melee of the IEP and 504 processes. It’s more important than ever to stay firm in your student's rights. I continue to support families through the 504 or IEP process through Advocacy and Consulting. Bringing a knowledgeable advocate to a meeting is a way to ensure that correct protocol is followed and to keep meetings non-adversarial, and student centered.