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 April 17, 2020 April 17, 2020 Julie Weatherly Julie Weatherly , Esq., Resolutions in Special Education #WeKeepLeading Moderated by: Phyllis Wolfram Phyllis Wolfram , Executive Director, CASE
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 Overview Overview 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 #WeKeepLeading 8. 8. Questions Questions
#WeKeepLeading Presenters for Today Presenters for Today Erin Maguire Erin Maguire Myrna Mandlawitz, JD Myrna Mandlawitz, JD Kevin Rubenstein, Kevin Rubenstein, Julie Weatherly, Esq. Julie Weatherly, Esq. CASE CASE Ed.D. Ed.D. Resolutions in Special President Policy & Legislative CASE Education Consultant Policy & Legislative Chair Vermont Washington, DC Alabama Illinois @VTEducator @VTEducator @myrnamandlawitz @myrnamandlawitz @kdruben @kdruben @jweatherlyesq @jweatherlyesq
Welcome and Introductory Welcome and Introductory April 17, 2020 April 17, 2020 Comments Comments Phyllis Wolfram Executive Phyllis Wolfram Director #WeKeepLeading Twitter : @phylliswolfram
April 17, 2020 April 17, 2020 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. #WeKeepLeading ● 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 We Are In This Together! We Are In This Together! #WeKeepLeading
April 17, 2020 April 17, 2020 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 #WeKeepLeading 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.
Acting to Support Flexibilities Acting to Support Flexibilities April 17, 2020 April 17, 2020 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 #WeKeepLeading ● We’ve begun to share it on social media and ask that you do the same.
Acting to Support Flexibilities Acting to Support Flexibilities April 17, 2020 April 17, 2020 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 #WeKeepLeading ○ Congressional Twitter Handles Available at https://bit.ly/CongressionalHandles
April 17, 2020 April 17, 2020 An Example of An Example of How You How You Might Tag Might Tag Your Member Your Member of Congress of Congress #WeKeepLeading
Acting to Support Flexibilities Acting to Support Flexibilities April 17, 2020 April 17, 2020 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. #WeKeepLeading ● On Wednesday, we will be holding a briefing for members of Congress and their staff about these flexibilities.
Updates from Updates from April 17, 2020 April 17, 2020 Washington DC Washington DC Myrna Mandlawitz, J.D. Myrna Mandlawitz, J.D. CASE Policy & Legislative Consultant Twitter : @myrnamandlawitz #WeKeepLeading
April 17, 2020 April 17, 2020 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) #WeKeepLeading 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 CARES Act CARES Act - K-12 Funding Summary 12 Funding Summary Elementary and Elementary and Education Education Governor’s Governor’s Secondary Secondary Stabilization Stabilization Emergency Emergency School School Fund Fund Education Education Emergency Relief Emergency Relief Discretionary Discretionary Relief Fund Relief Fund Fund Fund Grants Grants Amount Amount $13.5 Billion $13.5 Billion $307 Million $307 Million $3 Billion $3 Billion Formula Formula Population & Population & #WeKeepLeading Title I Title I ? Poverty Poverty Concentration Concentration Distribution Distribution Governor’s Governor’s By Governors By Governors State Agencies State Agencies Offices in states Offices in states Offices Offices hardest hit hardest hit
April 17, 2020 April 17, 2020 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 #WeKeepLeading ● Congress is not coming back until at least May 4, 2020 ● Work and negotiations being done on a CARES II
Considering ESY in the context of Considering ESY in the context of April 17, 2020 April 17, 2020 COVID 19: It's all about the data COVID 19: It's all about the data Erin Maguire Erin Maguire CASE President Twitter : @vteducator Kevin Rubenstein, Ed.D. Kevin Rubenstein, Ed.D. CASE Policy & Legislative Chair Twitter: @kdruben #WeKeepLeading
April 17, 2020 April 17, 2020 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. #WeKeepLeading ● Losses are likely to be more pronounced in the early grades and among those already facing steep inequities.
April 17, 2020 April 17, 2020 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. #WeKeepLeading ● States will have more specific guidance about which students should be eligible for ESY.
April 17, 2020 April 17, 2020 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. #WeKeepLeading ● ESY was not designed to resolve issues created by a pandemic.
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