Navigating the Navigating the COVID COVID-19 Crisis 19 Crisis - - PowerPoint PPT Presentation

Navigating the Navigating the COVID COVID-19 Crisis 19 Crisis

Erin Maguire Erin Maguire, CASE President Myrna Mandlawitz, Myrna Mandlawitz, J.D., CASE Policy and Legislative Consultant Kevin Rubenstein Kevin Rubenstein, Ed. D., CASE Policy & Legislative Chair Julie Weatherly Julie Weatherly , Esq., Resolutions in Special Education Moderated by: Phyllis Wolfram Phyllis Wolfram , Executive Director, CASE April 17, 2020 April 17, 2020 #WeKeepLeading

Overview Overview

Agenda Agenda

1.

• 1. Welcome and Introductory Comments

Welcome and Introductory Comments 2.

• 2. Introductions

Introductions 3.

• 3. Some Reminders: 4 Priorities

Some Reminders: 4 Priorities 4.

• 4. Updates from Washington

Updates from Washington 5.

• 5. Considering ESY in the context of

Considering ESY in the context of COVID 19: It's all about the data COVID 19: It's all about the data 6.

• 6. The Definition of Compensatory Ed:

The Definition of Compensatory Ed: When it does and does not apply When it does and does not apply 7.

• 7. COVID 19 Impact Considerations

COVID 19 Impact Considerations 8.

• 8. Questions

Questions #WeKeepLeading

Presenters for Today Presenters for Today

Erin Maguire Erin Maguire CASE President Vermont @VTEducator @VTEducator Myrna Mandlawitz, JD Myrna Mandlawitz, JD CASE Policy & Legislative Consultant Washington, DC @myrnamandlawitz @myrnamandlawitz Kevin Rubenstein, Kevin Rubenstein, Ed.D. Ed.D. CASE Policy & Legislative Chair Illinois @kdruben @kdruben Julie Weatherly, Esq. Julie Weatherly, Esq. Resolutions in Special Education Alabama @jweatherlyesq @jweatherlyesq

#WeKeepLeading

Welcome and Introductory Welcome and Introductory Comments Comments

April 17, 2020 April 17, 2020 #WeKeepLeading Phyllis Wolfram Phyllis Wolfram Executive Director Twitter: @phylliswolfram

Real Talk Real Talk

Disclaimer: Disclaimer: The information we are providing today is the best The information we are providing today is the best we know at this moment. we know at this moment.

• It might change by the end of the webinar based on

additional guidance.

• It could change by next week or if things change.
• States have specific guidance which should be

reviewed as well.

April 17, 2020 April 17, 2020 #WeKeepLeading

We Are In This Together! We Are In This Together!

April 17, 2020 April 17, 2020 #WeKeepLeading

Four Priorities for Special Education: Four Priorities for Special Education:

Focus on the safety, health, and welfare of Focus on the safety, health, and welfare of students and staff members in your community. students and staff members in your community.

April 17, 2020 April 17, 2020

Provide FAPE Provide FAPE

• Deliver services to as many

Deliver services to as many students as you reasonably can in the best way students as you reasonably can in the best way you know how. you know how. Document your efforts; make sure documentation Document your efforts; make sure documentation is focused, consistent, detailed and demonstrates is focused, consistent, detailed and demonstrates a good faith effort to provide good services. a good faith effort to provide good services. Compliance during the pandemic Compliance during the pandemic - IDEA wasn’t IDEA wasn’t built for this. built for this.

#WeKeepLeading

Acting to Support Flexibilities Acting to Support Flexibilities

Temporary and Targeted Flexibility Is Temporary and Targeted Flexibility Is Necessary Necessary

• CASE sent a letter to Congressional leaders to

support flexibilities under IDEA to address the challenges of COVID

• 19.

○ Letter is available at: https://bit.ly/LetsBeFlexible

• We’ve begun to share it on social media and ask that

you do the same.

April 17, 2020 April 17, 2020 #WeKeepLeading

Acting to Support Flexibilities Acting to Support Flexibilities

Temporary and Targeted Flexibility Is Temporary and Targeted Flexibility Is Necessary Necessary

• We need your help to get the message out there:

We need your help to get the message out there: ○ Go to: https://bit.ly/CASETweets ○ Like and Retweet the pinned tweet ○ Tag Your Member of Congress Tag Your Member of Congressusing the hashtag #WeKeepLeading ○ Congressional Twitter Handles Available at https://bit.ly/CongressionalHandles

April 17, 2020 April 17, 2020 #WeKeepLeading

An Example of An Example of How You How You Might Tag Might Tag Your Member Your Member

• f Congress
• f Congress

April 17, 2020 April 17, 2020 #WeKeepLeading

Acting to Support Flexibilities Acting to Support Flexibilities

Temporary and Targeted Flexibility Is Temporary and Targeted Flexibility Is Necessary Necessary

• We will release an action alert to be sent by members

to your members of Congress in the next week.

• We will also be utilizing every aspect of social media

and will provide you resources to do the same.

• On Wednesday, we will be holding a briefing for

members of Congress and their staff about these flexibilities.

April 17, 2020 April 17, 2020 #WeKeepLeading

Updates from Updates from Washington DC Washington DC

April 17, 2020 April 17, 2020 #WeKeepLeading Myrna Mandlawitz, J.D. Myrna Mandlawitz, J.D. CASE Policy & Legislative Consultant Twitter: @myrnamandlawitz

Current Resources & What’s Coming Current Resources & What’s Coming

• CASE has continually updated our resource

document http://bit.ly/CASE -COVID19

• Federal government documents:

○ FERPA Virtual Learning FERPA Virtual Learning - March 2020 March 2020 https://bit.ly/FERPAVirtual ○ OSERS/OCR Supplemental Fact Sheet (03/21/2020) OSERS/OCR Supplemental Fact Sheet (03/21/2020) https://bit.ly/OSERSOCRSupplemental ○ OCR Fact Sheet (03/16/2020) OCR Fact Sheet (03/16/2020) http://bit.ly/COVIDOCRFacts ○ FERPA Guidance (03/12/2020) FERPA Guidance (03/12/2020) http://bit.ly/FERPA- COVID19 ○ OSEP Guidance (03/12/2020) OSEP Guidance (03/12/2020) http://bit.ly/OSEP-COVID

April 17, 2020 April 17, 2020 #WeKeepLeading

CARES Act CARES Act - K-12 Funding Summary 12 Funding Summary

April 17, 2020 April 17, 2020 #WeKeepLeading

Elementary and Elementary and Secondary Secondary School School Emergency Relief Emergency Relief Fund Fund Education Education Stabilization Stabilization Fund Fund Discretionary Discretionary Grants Grants Governor’s Governor’s Emergency Emergency Education Education Relief Fund Relief Fund

Amount Amount

$13.5 Billion $13.5 Billion

$307 Million $307 Million $3 Billion $3 Billion

Formula Formula

Title I Title I

? Population & Population & Poverty Poverty Concentration Concentration

Distribution Distribution

State Agencies State Agencies

Governor’s Governor’s Offices in states Offices in states hardest hit hardest hit By Governors By Governors Offices Offices

What’s Happening in “Washington”? What’s Happening in “Washington”?

• Report from Secretary DeVos on flexibilities is due to

Congress by April 26, 2020.

• Groups lining up on both sides of the issue

○

NCLD, National Disability Rights Network, COPAA, and between 80 and 300 other advocacy groups have signed letters against “waivers”

○

NAESP, NASSP, CASE, and NASDSE

• Congress is not coming back until at least May 4,

2020

• Work and negotiations being done on a CARES II

April 17, 2020 April 17, 2020 #WeKeepLeading

Considering ESY in the context of Considering ESY in the context of COVID 19: It's all about the data COVID 19: It's all about the data

April 17, 2020 April 17, 2020 #WeKeepLeading Erin Maguire Erin Maguire

CASE President

Twitter: @vteducator Kevin Rubenstein, Ed.D. Kevin Rubenstein, Ed.D.

CASE Policy & Legislative Chair

Twitter: @kdruben

What Does The Data Suggest? What Does The Data Suggest?

Recent NWEA Research Recent NWEA Research

• When students head back to school next fall, overall

they are likely to retain about 70 percent of this year’s gains in reading, compared with a typical school year.

• Less than 50 percent in math.
• Losses are likely to be more pronounced in the early

grades and among those already facing steep inequities. April 17, 2020 April 17, 2020 #WeKeepLeading

Extended School Year Requirements Extended School Year Requirements

Think it through for the pandemic Think it through for the pandemic

• As written in IDEA regulations, ESY is left to states to

define and it is required for students if it is necessary to receive FAPE as defined by the IEP Team.

• States will have more specific guidance about which

students should be eligible for ESY.

April 17, 2020 April 17, 2020 #WeKeepLeading

Extended School Year Requirements Extended School Year Requirements

Think it through for the pandemic Think it through for the pandemic

• Regression over the summer was a significant reason

ESY was added to IDEA and is present in many state definitions.

• ESY was not designed to resolve issues created by a

pandemic.

April 17, 2020 April 17, 2020 #WeKeepLeading

Considering ESY in Light of COVID 19 Considering ESY in Light of COVID 19

April 17, 2020 April 17, 2020

June 2019 June 2019 - Point the Schools Closed Point the Schools Closed March 2020 March 2020 - June 2020 June 2020 COVID COVID-19 School Closures 19 School Closures June 2020 June 2020 - August August - 2020 2020

• Analyze the data and

determine student progress at the point schools closed.

• Consider ESY based on

prior regression data at this point. (these students have already been identified or decided through a typical IEP meeting)

• Maintain documentation of

what services were offered.

• Maintain documentation of

what services were delivered.

• Collect solid data on IEP goal

progress across the time frame services are delivered under distance learning frameworks.

• Implement summer

services based on regression analysis to avoid further regression

• Analyze COVID Impact
• Plan for the Fall with

curriculum mapping and remapping

• Hiring and changes in

staffing

The Definition of Compensatory Ed: The Definition of Compensatory Ed: when it does and does not apply when it does and does not apply

April 17, 2020 April 17, 2020 #WeKeepLeading Erin Maguire Erin Maguire

CASE President

Twitter: @vteducator Kevin Rubenstein, Ed.D. Kevin Rubenstein, Ed.D.

CASE Policy & Legislative Chair

Twitter: @kdruben

Quantifying COVID 19 Impact Quantifying COVID 19 Impact

April 17, 2020 April 17, 2020 COVID 19 Impact on Students COVID 19 Impact on Students

• Understanding where students enter and leave COVID 19 closures or

distance learning as it relates to the IEP goals will be important.

• IDEA was not built for this. Loss due to a pandemic are not contemplated

under IDEA.

• Upon return to school analysis of where students were performing upon

school closure compared to where the enter in the fall.

• Develop IEPs for next year to address where students are and attempt to

address the loss of skills due to COVID 19 through that IEP.

• Additional CARES funding may be able to support additional serviced

needed in IEPs to do this work.

• Individual districts might choose to address loss during the summer if

students are able to be in session in addition to ESY above and beyond IDEA requirements.

What's Appropriate?

Legal Consideration in this Legal Consideration in this "Phase" of COVID "Phase" of COVID -19 Service 19 Service Implementation Implementation

April 17, 2020 April 17, 2020 #WeKeepLeading Julie Weatherly, Esq. Julie Weatherly, Esq. Resolutions in Special Education Twitter: @jweatherlyesq

COVID COVID-19 Service Implementation 19 Service Implementation

• Whether or not flexibility is provided with respect to

procedural compliance during COVID

• 19, do not be

paralyzed by the thought of procedural violations and legal compliance.

• Continue to exercise good "PR" and "customer service"
• skills. Compassion, Communication and Collaboration will

lessen complaints and lawsuits. April 17, 2020 April 17, 2020 #WeKeepLeading

COVID COVID-19 Service Implementation 19 Service Implementation

• Now that the end of the school year is getting close, begin

thinking about making those individualized determinations regarding each student's need for Extended School Year services.

• Follow state/local guidelines as best you can when making

good faith recommendations/offers for ESY services. Offer ESY when needed, even if parents don't want it. April 17, 2020 April 17, 2020 #WeKeepLeading

COVID COVID-19 Service Implementation 19 Service Implementation

• Don't worry right now about "compensatory services"--

better named COVID-Impact Services ("CIS"). There will be time for that when school buildings reopen. April 17, 2020 April 17, 2020 #WeKeepLeading

Four Priorities for Special Education: Four Priorities for Special Education:

Focus on the safety, health, and welfare of Focus on the safety, health, and welfare of students and staff members in your community. students and staff members in your community. Provide FAPE Provide FAPE

• Deliver services to as many

Deliver services to as many students as you reasonably can in the best way students as you reasonably can in the best way you know how. you know how. Document your efforts; make sure documentation Document your efforts; make sure documentation is focused, consistent, detailed and demonstrates is focused, consistent, detailed and demonstrates a good faith effort to provide good services. a good faith effort to provide good services. Compliance during the pandemic Compliance during the pandemic - IDEA wasn’t IDEA wasn’t built for this. built for this.

April 17, 2020 April 17, 2020 #WeKeepLeading

Questions for Presenters Questions for Presenters

Erin Maguire Erin Maguire CASE President Vermont @VTEducator @VTEducator Myrna Mandlawitz, JD Myrna Mandlawitz, JD CASE Policy & Legislative Consultant Washington, DC @myrnamandlawitz @myrnamandlawitz Kevin Rubenstein, Kevin Rubenstein, Ed.D. Ed.D. CASE Policy & Legislative Chair Illinois @kdruben @kdruben Julie Weatherly, Esq. Julie Weatherly, Esq. Resolutions in Special Education Alabama @jweatherlyesq @jweatherlyesq

To stay up to date on resources To stay up to date on resources and information visit: and information visit: www.cec.sped.org www.cec.sped.org www.casecec.org www.casecec.org

April 17, 2020 April 17, 2020 #WeKeepLeading

Thank you for participating in the Thank you for participating in the webinar today. webinar today. Connect with CASE next Friday: April 24, 2020 April 24, 2020 - 12:00pm CST 12:00pm CST

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