Maryland State Department of Education (MSDE) posts Technical Assistance Bulletins (TABs) providing direction on how to provide continuity of learning for all students with all levels of disabilities. Unfortunately, schools are not sharing these with parents and are not always truthful with information being provided. The most important take away from all, is that school IEP teams should be working WITH parents to develop a plan. There is no waiver of IDEA, meaning that schools are still required to provide FAPE. If your child’s school is not communicating, contact me at 301-605-7303 or frances@shefterlaw.com to discuss how I can help.
TAB #20-07, is for students with disabilities who require extensive, intensive, individualized instruction and support during the COVID-19 pandemic. There is a five-step process that should be followed by the school. Step 1 is for the school to review the current IEP with a focus on goals and services. Step 2 is for the school to develop a plan of how to deliver IEP services through virtual or distant learning. This is an amendment to the current IEP. Step 3 is for the school to obtain agreement from the student’s parents. Here is where parents need to really voice their opinions on whether what the school is proposing is enough services. Disability Rights of Maryland prepared Brief Guide for Parents #2, that I previously blogged about, to help guide parents with this step. Step 4 is for the school to implement the amended IEP. Step 5 is evaluating and monitoring the delivery of the services. This includes documenting the progress towards the student’s IEP goals.
Step 5 is where parents also need to focus. While the school should be collecting data, the parent is in a better position to do so. Parents should be documenting progress to see how their child is progressing and to support a potential future argument that no progress or minimal progress towards goals was made. Obviously, the hope is that your child will progress. However, if there is no progress or minimal progress, collecting data now will support an argument that there was a denial of a free and appropriate public education (“FAPE”) and a request for compensatory education. Compensatory education is an equitable form of reimbursement when a school district fails to provide FAPE. This can be provided in the form of extra services provided by the school system or funding to pay for private services.
MSDE Direction for Distant Learning for Students with Disabilities that Require Extensive, Intensive, Individualized Instruction
Maryland State Department of Education (MSDE) posts Technical Assistance Bulletins (TABs) providing direction on how to provide continuity of learning for all students with all levels of disabilities. Unfortunately, schools are not sharing these with parents and are not always truthful with information being provided. The most important take away from all, is that school IEP teams should be working WITH parents to develop a plan. There is no waiver of IDEA, meaning that schools are still required to provide FAPE. If your child’s school is not communicating, contact me at 301-605-7303 or frances@shefterlaw.com to discuss how I can help.
TAB #20-07, is for students with disabilities who require extensive, intensive, individualized instruction and support during the COVID-19 pandemic. There is a five-step process that should be followed by the school. Step 1 is for the school to review the current IEP with a focus on goals and services. Step 2 is for the school to develop a plan of how to deliver IEP services through virtual or distant learning. This is an amendment to the current IEP. Step 3 is for the school to obtain agreement from the student’s parents. Here is where parents need to really voice their opinions on whether what the school is proposing is enough services. Disability Rights of Maryland prepared Brief Guide for Parents #2, that I previously blogged about, to help guide parents with this step. Step 4 is for the school to implement the amended IEP. Step 5 is evaluating and monitoring the delivery of the services. This includes documenting the progress towards the student’s IEP goals.
Step 5 is where parents also need to focus. While the school should be collecting data, the parent is in a better position to do so. Parents should be documenting progress to see how their child is progressing and to support a potential future argument that no progress or minimal progress towards goals was made. Obviously, the hope is that your child will progress. However, if there is no progress or minimal progress, collecting data now will support an argument that there was a denial of a free and appropriate public education (“FAPE”) and a request for compensatory education. Compensatory education is an equitable form of reimbursement when a school district fails to provide FAPE. This can be provided in the form of extra services provided by the school system or funding to pay for private services.
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