After months of promising guidance on compensatory services, DESE issued its Coronavirus (COVID-19) Special Education Technical Assistance Advisory 2021-1: COVID Compensatory Services and Recovery Support for Students with IEPs on Monday, August 17th. Here’s what you need to know.
What are COVID-19 Compensatory Services (CSS)?
CCS is a new term used to describe additional supports and services students with IEPS need to remedy skill or knowledge loss or lack of effective progress due to delayed, interrupted, suspended, or inaccessible IEP services because of the emergency suspension of in-person education related to the COVID-19 pandemic.
CCS are NOT:
The general education recovery supports made available by the district to all students to reorient them to learning after school closures.
The student’s current IEP services.
New IEP services.
Compensatory services (an equitable remedy ordered by a court, hearing officer or as part of a state complaint investigation when a school has been found to have failed to provide a student with FAPE).
Who Determines CCS?
The student’s IEP Team determines in a Team meeting whether a child needs CCS. (Parents and Districts can agree to a more informal process if agreed upon in writing.)
How Does the Team Determine CCS?
First, the Team gathers data.
Districts should “prioritize collecting data and information from families and caregivers”
Other sources of information and data include:
What services were and were not provided during remote learning, noting any barriers to access.
Student’s performance level prior to school closures vs. after school closures.
Data about the student’s ability to recoup lost skills and make effective progress after long breaks in instruction, such as during the summer.
Next, the Team answers five questions. (NOTE: The Team may determine CSS is necessary based only on the answer to only one of these questions.)
Are there services in the student’s IEP that were not offered or that the student was not able to access when in-person education was suspended?
To what extent has the student demonstrated regression in skills?
Has the student failed to make effective progress towards their IEP goals and in the general curriculum?
Does the school or district have available general education recovery support that will support the student in recovering from educational gaps in learning or loss of skill, or the impact on student’s emotional well-being, caused by the unexpected suspension of in-person education?
What COVID-19 Compensatory Services are necessary to address their special education needs arising from the suspension of in-person education?
Finally, if the Team agrees CCS is required, the Team must specify how those services will be provided, including the amount, type, duration, and progress monitoring.
DESE notes that CCS are not necessary 1:1 correspondences to missed services but identified following the individualized determination of student need.”
When Must CCS Determinations Due?
CCS must be prioritized and determined as soon as possible and no later by December 15, 2020 for these three populations:
Students with complex and significant needs.
Preschool aged children transitioning into special education.
Students who have or will age out of special education
For all other students, DESE does not provide a deadline.
Does This Guidance Effect Special Education Law?
No.
DESE writes, “Nothing in this guidance affects the due process rights identified in state and federal special education laws and regulations. Parents or guardians may pursue dispute resolution options through the Bureau of Special Education Appeals (BSEA) including a facilitated IEP Team meeting, a mediation, and/or a due process hearing. A parent or guardian may also file a complaint with the Department’s Problem Resolution System.”
What Else Does the Guidance Cover?
There are a lot of other topics addressed in this guidance including CCS funding, CCS documentation, and CCS requirements for students in out-of-district placements.
Need help?
If you have questions or concerns about your student’s progress and special education needs, you are welcome to contact the Boston area attorneys at Wong & Boscarine and schedule a free initial consultation.