Waiver FAQ, KDE FAQ& Other COVID 19 Updates Webinar

Rhonda: [00:00:00] Welcome everyone. Thank you all so much for joining us today. I’m Rhonda Logsdon with Kentucky SPIN, and I hope you all are doing well. We’ve got a lot of updates today on our weekly COVID-19 update. So we’ll go ahead and just jump right on in. I’m with Kentucky SPIN, Kentucky special parent involvement network, and we are the parent training and information project for the state of Kentucky that’s funded through the U.S. Department of Education under IDEA, the individual disabilities education act.

And we have had the PTI since 1988. So for over 30 years working to really help families and professionals and youth and adults with disabilities throughout the state. We all are family members or persons with disabilities helping one another. It’s important to know that we don’t act as attorneys.

We’re here as pure support to help you step through the process, to advocate for your child or [00:01:00] youth with a disability. So what we’re going to kind of do here is I think all of this as we are all kind of finding our way through this pandemic, is really working together is how we’re best going to help our children and more so now than ever before.

So, one of the things, I know on several of the last updates, first we’re gonna start out with, the Kentucky cabinet for health and family services. Updated frequently asked questions for the Medicaid 1915 home and community based waivers. They just released an update this past Friday on the 24th which answered some more questions.

So what we’ve been doing is including those in our weekly webinar updates where it relates to families, some of the new questions and answers, and we’ll kind of go through those here for a little bit.  One of the questions, which, is a huge question a lot of families have, when the participant [00:02:00] is receiving therapies through telehealth, can the PDS employee bill for providing hands on services needed to complete the telehealth visit?

Because typically, if you’re receiving one then you wouldn’t get at the same time, but because you have to be there to assist them so that they’re able to get the telehealth. Yes. If that is something that’s necessary for them to be able to participate. So yes, that can, those hours can count while you are helping them with that.

And the participants should be given the option to participate in remote therapy. So any therapies that they would have received typically outside of the pandemic now, where we all have to say healthy at home, look at alternatives. And telehealth should be offered, if at all possible to be able to complete that therapy through the video conferencing or over the phone.

So [00:03:00] we want to make sure that they still get that meaningful service because it is so critical for them. Another question is can virtual activities such as touring attractions, attending assessable religious class or online, being able to attend church online can be billed as CLS when it furthers the goal and objectives that’s on the participant’s plan? And yes, they require that help to be able to participate. Now, I’ll give you an example, and just with my family I’ve been helping my brother on different, facetime meetings and really assisting and especially, and I don’t know if you have had any issues with your internet too, sometimes it breaks up. So really getting that set up and helping them and sometimes making sure that the other person can understand what they’ve said. And my brother talks a little bit slower, so sometimes it may not come [00:04:00] through as clear. So I help him in that way so that everybody understands what Grant’s saying because it is so crucial when he is his own self advocate.

So those type things very meaningful and it goes towards your goals and helping to facilitate that is very critical so that you can still participate. Now the next question that they have is, can CLS services be provided in the community, if you are practicing social distancing? And it saying no DMS, asks that community based activities normally provided within CLS, be suspended due to the risk of the spread of COVID-19. So really staying healthy at home. But CLS services may be allowed to support a participant with outdoor exercise if you are doing [00:05:00] the social distance standard, which is the six feet of separation from others, beyond the direct care worker. Because obviously the direct care worker has to be within six feet to be able to assist.

And we’re talking about these are assisting in, so that you were able to fully participate. So it’s not that they’re saying. Don’t go outdoors. That’s not it. But just as we are all having to limit our times out, and really be very cautious of spreading the COVID-19 and for many of, and I know for my brother Grant, too many people who do receive the waiver,  they do fall in the high risk category of being very susceptible to the COVID-19. So we as a family have taken extra precautions, but still letting him be out because  he’s an outdoors, outgoing, guy, and if any of y’all have ever met Grant, [00:06:00] you know that. And he typically is the one that’s out and about where I’m the home body.

He’s not. But right now we’re havin to look at alternatives as we are with everyone in our family. And really getting out there. So luckily yesterday we had a beautiful day, but he’s really enjoyed getting outdoors.  You know, we have some acreage and everything, so really getting out and getting the fresh air and really taking those opportunities to get outside, but also keep in mind that we do have to make sure that we’re doing our part to try to eliminate the spread of COVID-19.

Now. For CLS, the participants or staff are they allowed to go on walks in the neighborhood or local parks that are open? Yes. Again, you’re going to have to just, about going outdoors in the exercise. If you want to go for a walk, make sure it’s the social distancing. I know many people may not live in the country where you have some acres, but you could still take those [00:07:00] opportunities just make sure that  if you’re wanting to go walk in the neighborhood and you happen to see that there are tons of people out doing that, why don’t you wait maybe an hour where that’s not so busy. So we just have to really be making sure we’re picking those opportune times because many places are closed that we are able to do that, but also be safe as well.

So now on the next one it says can personal protective equipment be obtained using goods and services? And yes, because this is a state of emergency, it can be used to get that. That would be considered a goods and services, but especially for those who are at very high risk and really to make sure everybody is safe, that is allowed. And can goods and services be approved without a letter from the doctor during the state of emergency? And yes, they [00:08:00] department of Medicaid services is allowing some items to be provided without a letter during the state of emergency. This includes non-specialized items such as incontinence supplies, specialized items or items that require fitting, such as hearing AIDS, glasses, dental work would still need a letter to be approved.

So, I am glad that there is some of that flexibility there, especially when it’s related to this state of emergency, those goods and services, because I know sometimes it can delay things. Just getting everybody, you know, getting that from the doctor. And, I am very grateful that that was addressed here, especially for all of our families and individuals.

Now. If the agency staff such as the direct service professional, DSP, are laid off during the state of emergency, do they have to go through the hiring process again when the agency resumes their employment? So DMS does [00:09:00] not consider preexisting employees who were laid off due to a state of emergency a new hire.

The agency should have their own policies in place for reintroducing returning employees at the end of the state of emergency. So they wouldn’t necessarily have to be rehired, but you need to check with the agency that you use and what are their policies that are in place.

Now, also you’ll see, can the PDS employee provide medication administration to a participant who switched from traditional services to PDS due to closure of adult day health care? No, medication administration assistance is considered to be a skilled nursing service. The participants ADHC is allowed to provide nursing services via telehealth to make sure required medications are taken and or to remind the participants to refill [00:10:00] medication planners.

So being able to use that telehealth option, you’re still able to have that contact with them. And they would be able to provide that nursing service through the telehealth. And of course, it may be though that you may have to help them to get the medicine, but you would not necessarily be administering it.

Can the PDS representatives who are supposed to be seen in the home once per quarter, how should this be handled in a state of emergency? Well, in order to comply with the social distancing guidelines and reduce the spread of COVID-19, we all in-person visits at this time have been halted. So really, you’re gonna look at how is there an alternative?

Can you do it through video conferencing? Through facetime? I’ll give you the example, Grant did his [00:11:00] normally, he, sees his broker at least once a month, face to face. But what they did this past month was, they facetimed. And also I’d love to throw out there, which I thought was very sweet because Grant is such a social person, his broker also sent him a letter in the snail mail, which was so nice. And actually it just made his day because Grant is a very social person. So really looking outside of the box. I think everybody’s trying to still keep that social interaction, which is so key. But you could still have the visits now but it may be over the video conferencing, FaceTime, zoom, or a different means like that.

When we kind of go through here too is, will participants have their  Medicaid financial eligibility extended during the state of emergency? Yes. There’s an automatic three month extension right now. If your [00:12:00] renewal, would have fell during the time that there’s the state of emergency, that’s very critical, for everyone to know.

And I’m very grateful that that has been granted. So that there is no worry of losing this services. So I’m very grateful for that, for all of our families.

Now. If the participant receives a stimulus check, this is a good question. Will it be counted as income? If so, will it affect their Medicaid eligibility?

So here’s the thing, you would need to call Medicaid financial eligibility and have them to answer that question if that would play a part in it or not. That they are not able, that would be through the department of community based services that you would call to see about that. And to see if that is going to affect you. Because they weren’t able to, you know  state that as a blanket thing for everybody because I guess it will depend on the [00:13:00] person and where you are at. Because it not only when you’re looking at your, you know, the income that takes into account everything else. So there is no blanket answer to give everyone because it depends on your individual situation.

So let’s pause for a moment here before we get into the education. And of course I always just jump right into stuff. And, you know, I forget the important things like, there the handouts that has the guidance, that you will see if, you’re not able to download it from your menu bar, we will follow up in the email and send those to you as well. Also too, if you have any questions, please type them in there. And if we happen to not see them, you can always follow up with us afterwards. And of course, if you think of questions afterwards, you can always follow up. So Stella Beard is on here with us today with Kentucky SPIN and she’s gonna help us as we have question. Stella, did we have any so far?

Stella: [00:13:58] No questions so far, Rhonda.

[00:14:00] Rhonda: [00:14:07] Okay. Thanks so much. Well, so we’re going to jump right into the guidance, because of course, you know, when it rains, it pours, right. So we get a lot of updates that came out this last week, and I’ve really, I love when we get the updates because it just helps us all be able to plan better and work better together.

So I’ll actually share with you what was shared yesterday and actually on Twitter through the U.S. Department of Education at, I believe it was six or seven last night. So this is very important. Because it was stated, secretary DeVos with, the U.S. Department of Education stated that and reiterates the learning must continue for all students and declines to seek congressional waivers to FAPE, which [00:15:00] is free appropriate public education, LRE, least restricted environment, requirements of IDEA, individuals with disabilities education act, which actually calls for those age three through 21 IEPs,  individualized education program in school. So what’s important here is because there was a big fear throughout the United States that all of the, that there might be coming down the pike, waivers that waived, not just the rights. Well, the rights that we’re in, not just an IDEA, but the rehabilitation act of 73, section 504 and ADA.

So that was very concerning  to a lot of us. But also we understand though, that we’re all dealing with the pandemic and business as usual in the laws didn’t account for, and give us a guideline for that. Now, it did state that she was not advising any waivers, but [00:16:00] that she was seeking for there to be some flexibility, which I think is very key within it.

Because here’s the thing is none of the laws, the laws didn’t change. So the timelines didn’t change that are set in place and the rights. But all of those laws also, and which y’all are probably sick of hearing me say that, that none of these laws gave us guidelines, what you do in a pandemic, right. None of us have ever dealt with this before.

No system, whether it be education, medical, none of our systems had been set up to handle this. So I do think asking for the flexibility is very helpful, but I am very proud that they are not seeking to waive those rights under those laws, that we still are going to be working together to come up with the best for our children.

But there has to be flexibility within it too. And that is very realistic. And we all have to keep in mind, because we’re all having to [00:17:00] operate in a system and provide services, the way we never have before. So. KDE also stated, and there was the news release, that they encouraged, which the Kentucky department education, encouraged the good faith effort in working with exceptional children during the non traditional instruction, NTI school days. So really looking at and helping, how can they help schools and really partnering with all of us in trying our best, right? Because here’s the thing is. None of us, whether your a parent or a teacher or a child who has a disability or a youth, none of us are perfect. And as long as we’re trying and really trying our very best to make this work, that’s what’s going to make the difference for our children.

No, we may not get everything right, but we have all been dealt a [00:18:00] hand that no one’s ever had. And so we are really all working the best that we can to provide that. So, and I love to, because this is very true, Gretta Hylton, the associate commissioner with KDE over at the office of special education and learning, early learning, stated you know, something is better than nothing. So we’ve got to really do something, try our best. It doesn’t mean it’s always gonna work, but when we’re trying and really working towards it, you figure out things and really this actually, although I hate that we are all going through a pandemic for this, this will create probably a lot of opportunities of things that might work with your child that we never thought of before. Because we’ve been forced into a situation of really looking at, so how do we still do it, but do it an alternate way. So really taking the time and [00:19:00] working together. So then also on the 20th, I believe it was, we’ll go to the next slide here. Stella, I don’t want to go by my memory, if that’s okay. [chuckles] The 21st.  Which I loved, the Kentucky Department of Education issued the frequently asked questions related to special education. Now, I did not put all of these in here. I put quite a bit of it and a lot, a large majority of it, but again, this is one of the documents, just like, that you will find in your handouts, this complete document will also be attached there and will be emailed to you as well as several other things.

But we’ll kinda jump right on into that. If the parents, because there must be quite a bit of discussion and questions that are coming up, is because parents, if the parent declined services completely or requested limited services during this time, how do [00:20:00] you recommend districts respond?

So if a parent disagrees with the provision of the particular special education related services, meaning you know, the delivery of their goals or objectives or specially designed instruction. And the parent and the school agree that the child would be provided with FAPE, free appropriate public education, if the child did not receive that service. The ARC, the admissions or release committee, a group, which is the IEP team, should remove the services from the child’s IEP. Since the parents agreed to this action, there would be no basis for using the procedure in Subpart E of the regulation to require the service to be provided to the child.

So here’s the, the gist of it is, if it’s in the IEP, it would need to be a service that would be provided regardless of where the location of where it’s being provided, right. It’s not going to be in your IEP if it’s not a part [00:21:00] of your child’s specially designed instruction and related services.

Again. It may not be able to be delivered in that exact manner, but it could on an alternate means. So there are necessarily, which again, it is your decision as a parent, whether you want it or you want to decline some of the services. But there can be an extent to which it can be provided through an alternate means and really working with them to come up with that, if you all just, if you don’t agree on that, then, what will have to take place is the parent and the public agency disagree about whether the child would be provided FAPE, if the child did not receive a particular special education or related service. The parent may use the due process procedures, of the regulations to obtain a ruling that the service with the parent disagrees is not appropriate for their child.

Again, I urge you all to work in to [00:22:00] come to an agreement, on how it can be provided. Yes, it’ll be on an alternate means, but really continue to work together so that it can be provided in the best way possible because it’s not going to be, you know, on their IEP unless it’s a needed, specially designed instruction or related service.

If the parent does continually refuse the services, then it says the local education agency, the LEA or what it is, is it’s your county or independent public school district, would need to document all attempts to provide those services and the refusals of the parents. So here’s what’s important. Even if you don’t agree, respond back, and work together. And by not answering the school, that’s not going to help anything. So anytime that the school reaches out to you, make sure that you’re keeping those open lines of [00:23:00] communication. So that it is, you all can work to come to the best decision possible and what’s to be provided.

So really that communication is what is going to be key. Now. On the next part. is going beyond 10 days of non traditional instruction, NTI, considered a change of placement? And I was glad that it was included in the FAQs document. And we had previously also stated that, that no that this is a change of location and it’s affecting all students during this time.

It’s not a change of placement. So that’s very key. Now. The next question was, do we need to hold an ARC meeting for every special education student upon return to school to discuss compensatory education? So typically what’s going to happen, many, typically, you will have annual reviews in the spring or in the fall, so you may already have a great deal of [00:24:00] IEP meetings or your child’s IEP meeting. They already have their annual review once they go back to school, you know, this coming school year. So some things happen naturally. You can of course, schedule an IEP meeting sooner, and especially if you feel that, there is something that you need to address or something needs to be changed or different services are needed.

But the local districts should always schedule the ARC meetings, if the students are not making adequate progress. And this may be an opportune time then to look at so, is there compensatory education? Was it, due to the non traditional instruction program? So really looking at that. But it’s not necessarily stated so far that every child has to have an IEP when they go back to school.

But a lot will naturally happen. And of course any needs to take place if it’s requested that any team member, or by the parent. [00:25:00] But especially if there is any need to determine updated services that are needed and to review the IEP. Those can take place anytime and should, especially if your child is not making progress, outside of even the annual review.

So I want to stop here just for a moment and see if there are any questions. Stella.

[silence]

Okay. I may have lost Stella, so we’re all good though. I could be dangerous here with my technology by myself, [laughing] but we know how that could go.

Stella: [00:25:46] I’m here. I said, there are no questions. I’m not sure why it didn’t go through.

Rhonda: [00:25:51] Okay. All right. Well, as long as you’d keep me straight. Right. So what we’re going to do is, [00:26:00] how should the districts provide paperwork to families after virtual ARC admissions release committee meetings or IEP meetings?

You can choose to do snail mail. What’s happening though a lot right now is, everyone obviously is working from home, so they may not have the capability to send that out, or they may have one staff that is at the school that documents can be sent to that they would just mail out snail mail. Now, there are some guidelines and of course it gives a lot more because there’s very strict guidelines for making sure that when information is sent electronically, they have to ensure that it is password protected because it is very confidential information.

So some of this here, and then further, you’ll see when you do bring up the FAQs where you’ll see where I had the dot, dot, dot at the bottom is more detailed information for the district. But they do have to make sure that you do, [00:27:00] get the parent’s permission to send documents containing the personal information, through electronic means.

And again, they’re going to set up to where it would be password protected. And the reason they do this is for the safety, and confidentiality of your child’s information. And so they will make sure, a lot of it, the video conferencing tool with Microsoft teams is provided through the Kentucky Department of Education.

And it meets a security standard required by KDE. But then also it does, also down there state, that really checking with your technology department, with the district. So yes, it can be sent electronically. Again, though, we have to ensure that it is sent and it is sent confidential, and no one else, who is not supposed to, can access that information. Or can be through snail mail. Again, we may have to see, depending upon how your [00:28:00] district is doing it, and if there, who would be in person within the school. It may be that it will be sent out, if you don’t want it through electronic means, if they’re not able to mail it at this moment, it will be sent at the earliest possible time. And just request that as soon as they can mail it to you, if they could please do so. But you do have the write to the copy of that. That is have to make sure, especially given the pandemic, that we have to take extra security measures. Also too they addressed, to get virtual signatures to get, you know, to send in the IEPs electronically.

So there is a means there, and they do have to, the school has to follow certain guidelines of how to get that electronic signature. And a lot of times that will be sent by email to you and you go through, I know I’ve used this, before, when I’ve had to do, when I did like a mortgage for my home, when I bought my home, they did a lot through [00:29:00] electric, you know, electronic signature.

But it is very protected because that is your personal and critical information just as the, as with your child and the school districts ensure that privacy. Now. The next one on here, and I just wanted everybody to know it can be done and done electronically, but they are going to have different methods that they are gonna use to ensure that your information is protected.

Now. Is it permissible to wait until the school is back in session to send the ARC paperwork, since we can’t go in the office to mail it? Ideally, districts would provide the ARC paperwork immediately. And just like I had said, I was glad that they, in-detail responded to this, is that if it’s not possible due to the public health crisis that the district should capture in the conference summary that the minutes were shared by reading a layout and through virtual methods.

So we want to make sure that we read back and have that read back over to [00:30:00] us. And that’s always just a good rule of thumb, too, because so much can take place in an IEP meeting that you want to make sure that your conference summaries are a true picture of what took place, even if everybody’s not in agreement, but it should give an accurate picture of what everybody talked about and what everybody agreed or disagreed upon.

So that’s always a good rule of thumb just to do that anyways. But especially if you’re not going to receive the copy immediately because that’s  the IEP that will go into place immediately for your child. Also determine whether you can make provisions for staff to, and we can go back just one more time.

Sorry, Stella. That we would make provisions for staff to enter the building and mail paperwork in a timely manner. So it’s really asking districts to set up that and to come up with their own system that keeps staff safe, but that also can handle the paperwork that needs to go to parents and guardians.

[00:31:00] So we’ll go onto the next one now. And what it is here. And this is the question that we, you know, get a lot of times about the evaluation, especially because, you know, there is the 60 school days, from the time the parents sign a parental consent to evaluate that the evaluation has to take place.

And because non traditional instruction, NTI days, are school days, they’re just days in a different location, not at the school. Those days count towards the 60 school days. Now also, here’s the thing. So some evaluations need the behavioral observation. And this was, addressed by KDE in this. That, especially if the evaluation is waiting on the behavioral evaluation part of it, do you have to meet the 60 days school deadline? And it was stated that don’t delay the evaluation based on a behavioral observation, especially if you have [00:32:00] enough data to make the determination. Consider how to obtain the data through alternate means, right? Asking the families and caretakers to conduct observation or conduct observation virtually.

Conduct the ARC to determine if you have enough data. So have everybody together in a virtual ARC meeting so that those discussions can take place. And parent input and observation is just as critical as anyone else’s. So plan for obtaining it in a school, if you can’t do that and don’t have enough data, it sort of depends too on what part of the process where you were, were you at in the evaluation process once this occurred, and we all had to switch to NTI, so that may play a big part in that as well.

So if you’re not able to, then you must have a plan in place for obtaining it as soon as school resumes back in person. [00:33:00] If eligibility determination is denied due to COVID-19 districts should provide compensatory services to make up for the delayed service. So again, we don’t want this to delay or hold up any of the processes or services for anyone, but are there alternate means to be able to accomplish that?

But then if we’re not able to completely get that right now, then we also have to determine, due to the delay, is there compensatory services that needs to be made up for the delayed services that would go into place? So there’s a lot of questions. It’s very tricky. And each situation is different again, right?

Because every child is different. Regardless if it’s you have two children who have autism, they are individuals, and it is very different. So it is going to be on a case by case basis and depending upon what you were able to already get or what’s required to make that determination.

[00:34:00] So on the next one is, what is the exception for occupational therapists to provide services? Again, and I’m glad that they brought this up because, it’s the same as all other services, whether it be physical therapy, speech therapy, or any of the other services, we must all use alternate means and think creatively. Document and communicate how it could possibly be provided through these alternate means. Through the video conferencing, phone calls. Is there a way for this to be provided? And it may not be exactly what the child would have received in school, but is there an alternate way where we still can keep these services going to be able to help our children and so that they do get the FAPE, the free appropriate public education.

Now, this is another good question that we always get and we get this even outside of a pandemic, the questions [00:35:00] about how often should there be IEP progress reported?

But this question is directly about, do districts need to send IEP progress reports, if the district is not sending a report card? So you’re going to see two parts here of the law that states that quarterly or other periodic reports are to be sent and current with the issuance of report card. So when everybody gets a report card, including your child, they should also, you should also be getting an IEP progress report.

Now. It does further down here also, state progress reports will be provided concurrent with issuance of report cards. And the district is not issuing report cards for any students, then the district would not be required to send period progress reports for students with disabilities until a report card for all students resume.

So that’s very important to know. Now. [00:36:00] Here’s again, where something, it’s going to be very critical. The communication between you and the school is,  it’s going to be important for you to know where your child currently is, so that you can help them to progress. Right. So that’s going to be you and your child’s teacher having the conversation and really seeing where they are at, and a lot of it, it may be that you’re going to be documenting, some of your observations and some of the data as you were helping them with that after they assist you, and tell you, you know, how you do those things. So, again, this is something that keeping those open lines of communication, they’re not required to, if all students aren’t getting report cards, but if all students get report cards, then there must be the IEP progress report also provided in addition to your child’s report card.

Now should we conduct ARC [00:37:00] meetings in order to meet timelines and document what we can’t do? How, how will we remedy that? So to meet timelines, meaning you at least have to have an IEP meeting annually. Yes. And this again is like everything else, keep as close to business as usual as you can by making determinations if you’d have enough data, right.

Or reevaluation or initial evaluation timelines. Document the plan for how to remedy concerns in noncompliance once school resumes. Right? So if there is not an alternate means to provide it. It’s not enough just to, we’ve decided that and we can’t. Now we have to develop a plan. How then are we going to remedy that once school resumes back, b ecause that wasn’t able to be done? So not only just we can’t do it, but we’ve also got to come up with a plan together.

Now do missed services need to be documented? Yes. And this is [00:38:00] very important, on behalf of the parent, the teacher, everybody, because it is gonna make it much easier when school resumes to determine the amount of compensatory education that may be needed once school goes back  session.

So it is very critical that these missed services are being documented. So I want to pause just for a moment and see if there are any questions.

Stella: [00:38:27] I don’t see any questions. Just a reminder to everyone, if you do have a question, be sure and type it in the question box. I’m able to see them all and then I can get them to Rhonda.

Rhonda: [00:38:38] Thanks so much.

If a student has a one hour of reading resource on his or her IEP. What would be a comparable time during at home learning? So if you could provide services virtually for an hour, then that’s great. So you might be able to do that, through [00:39:00] FaceTime, through zoom, through, I think on, I’m not as familiar with it, but Google classroom, you can also do that.

I’ve never tried it, but I’ve heard great things about the Google classroom and I know a lot of our schools use them. So it’s really going to be making a determination on an individual basis, so they can’t really give a blanket answer. So you can contact KDE staff, but here’s the thing is, as close to possible is you could say to what was to be provided the best.

That’s the best. Now, again, it may not permit, depending upon the individual child and the circumstances that are going on, that we may not be able to do that. But if you can provide that same one hour, through virtual means, then that’s what you should do. But it may not be feasible for a lot of our children.

So you know, really what then can take [00:40:00] place. Now it progress monitoring is included in the NTI packets, non traditional instruction packets. How do we collect them? So here’s the thing is that you’re going to have to, each different district’s going to have to work with their local health department, right?

And be creative with alternatives. So you could, just like providing the information to families, maybe districts could possibly use smartphone pictures, email or phone calls. The districts procedures for collecting the information packets and more. So it could be a variety of means, and it depends on what your district, with their local health department has decided is the best.

I know, my son’s in high school, and one of his teachers even said to me, you know, you could just take a picture and email it as an attachment to me, once he completes them, and I have like the scanner raw copy, and I scan so much for working. You may be able to scan stuff [00:41:00] into a document. There has to be a means, to be able to provide it back to them, but it could depend on your individual district of what they’re utilizing. It may be dropping it off at the school, or what have they developed to pick that up if families don’t have access to where they can drop the material off. So just thinking outside of the box again, just like we’re having to do with everything else.

They contact your school to come up with a plan of how we provide this, back to them, and this would be, you know, any logs that we’re keeping as well. As we’re tracking and observations, you know, our child got so many right out of so many, that we may be documenting, as part of their IEP and reporting on their goals or objectives.

Now, on the next one, this is important too, because a lot of IEP, is there some goals that are directly around like peers? Because some children need that, that social is [00:42:00] very key and critical. So now that you know, we are having to stay healthy at home, that makes it very hard. But what they stated was, especially if they’re supposed to be specific goals or objectives, dealing with peers, how do you do it?

Well, if there’s siblings in the home, possibly how they’re doing with their sibling. Observation, districts may need to document that no peers were available and considered interaction with the caregiver as evidence. So really, it’s going to be very hard, but there might be alternate means to do it, right.

So this is my, you know, our whole philosophy in life. My brother Grant and my whole family is, where there’s a will, there’s a way. Is trying to just figure out what will work. Because you know, it is very hard and sometimes you may not be able to do that, there may not be the siblings. So really looking at maybe some things through the regional special [00:43:00] education cooperatives. Because every school district is served by special education cooperative, and they are amazing. They do wonderful work and they have really helped and jumped right in. They always have, providing resources and knowledge and development, within the districts and assistance.

But especially through this pandemic, I’ve been so pleased. The opportunities and the guidance been given. There might be talk with, have your district talk with the special education cooperatives of how maybe they can help you with that. And some things, you know, not just with, if the goals were specific with dealing with peers, any others that seem very hard to be able to do now that it’s not in person at school. The special education cooperatives are amazing and are such a wealth of information.

Now, how to provide counseling services to students who have it on their IEP? Again. [00:44:00] I know I sound like a broken record, but all of it, think creatively.

So can you do that? You could still offer the counseling services through video conferencing, through facetime. Really looking at that, or over the phone. How can we do it? And also documenting services provided and missed services. That’s just as important. If you weren’t able to get those. Again, we have to, if you miss those services, that’s going to be important to document so that we look and it will help in determining if compensatory education is required.

So on our next one, this is a good question. Well, right here, there was another, I think. Can parents request additional services because their child is not in school? So not just because they’re not in school, but anytime, you know, this is an ARC decision and that parent is an important part of the ARC team.

If [00:45:00] there are additional services that you think that your child needs, request an IEP meeting, because that needs to be addressed immediately. If there are any services or changes that need to take place. So that would be an ARC team decision, the IEP team.

How should you handle parent referrals at this term?

So what they’re saying is convene and move forward as much as possible. Right? And make a decision if you have enough data. So we should not let this delay it. We may have to move to alternate ways to accomplish it, but there should not. And what they mean is the referral for initial evaluation or services for the IEP.

So we shouldn’t let this,  really stop things from moving forward. And especially if you can make a decision, if you have enough data that you don’t have to from in-person. Now on the next one. What happens when we count, time spent speaking with parents about providing [00:46:00] services and how to access platforms and activities as services provided to the child?

This is important. No, because services on an IEP or for the child, not the family. IDEA counts minutes with families and minutes with the child separately. Right. So this, you know, it counts as providing services, but not to the child. And right now, many times they’re having to help us cause I don’t know about you, but, well, first of all, they don’t even do the school work like I did when I was in school. So, we are needing a lot of help on different things and not even counting, on help when it’s in regards to the IEP or the special education services. But those aren’t going to count as your child’s minutes. And I don’t want you to worry that that does count against cause they’re having to help you so much.

That’s not it. That’s not taking away from your child. And I’ve had that question asked before, especially dealing with this pandemic. Those minutes aren’t taken away from your child’s minutes. [00:47:00] And if they’re not able to be provided, again, that’s what needs to be documented and discussed. So that we see, you know, how can we possibly provide this in an alternate means?

Now. What happens on the next one here, when the districts, do not meet the timelines for the evaluation, will there be flexibility? Again, this goes back to, IDEA doesn’t specifically address a situation when the schools are closed, but still in session on non traditional instruction. Again, because we’re in a pandemic, we’ve never experienced this before, so we have to ensure FAPE. And again, this kinda goes back to what was initially stated that I said, that the office special education, the U.S. Department of Education issued guidance, not to give waivers on it, but in that you wouldn’t follow your timelines and the laws, but there needs to be some flexibility.

[00:48:00] Again, this is going to be one of the things. There’s got to be flexibility and how we consider the instructional days, and how we provide the services. Again, there may be certain situations to where it’s unavoidable. You can’t do it until you are back in session. Actually the normal way, in the classroom and back at the school building.

But again, once you are there, then we also, we’re going to have to look at, is there going to be any education to make that any skills that you may have lost because the student did not perceive the educational benefit. So really, you know, there has to be sort of those dual things that are taking place.

And again, we’re all figuring this out as we go because there was not and ha not been a playbook for this.

So on the next one, I did want to show you, that kind of sums up our frequently asked questions that was from KDE, that are so very grateful. They’ve cleared up a lot for [00:49:00] schools and for families.

Again, there is a little bit more that was in that guidance, but I put the most crucial things that we’re getting a lot of questions from families, in this webinar today. But again, please look at the handouts and it will be emailed to you.

P&A, came out with a very helpful tip sheet last week. It is also included in your handouts. And the reason I wanted to talk about this, because first of all, it’s a great reminder at really looking at how we all have a piece of the puzzle, right? Regardless if you are the child, the teacher, the parent, any therapist, anyone involved with the child, the number one thing is to communicate. Be communicating about things.

And again, they give some very detailed information in the tip sheet that I encourage you to look at. But the communication, reviewing your child’s IEP, document services [00:50:00] received. In the second page of the tip sheet, which I thought was wonderful, it gives you a simple log where you could start logging stuff, not only logging conversations and when you check stuff, but logging, when your child did say it was the 30 minutes of reading aloud. Or when they, they were able to, three out of five times demonstrate, you know, one of the objectives that was on there. So making sure and that kinda gave you a sheet there that you could print out and mark that on.

Negotiate. Again, we all may not be in agreement, but try to come to a conclusion.

And then lastly, they do state on there. You do, if you feel the need, you can file a complaint with the Kentucky Department of Education. But again, please let me stress that, you know, that’s if you can’t reach an agreement with them and after you’ve really tried, and again, you can do what you like, it is your child, and I’m not here to [00:51:00] tell you what to do. But the more we communicate, review and negotiate with one another, the better it’s going to be for all of our children.

So this is a great tip sheet. I just wanted to point out, and also the second page where it has sort of an assignment or notes tracker, also to it additional guidance that we’ve referred to in our previous webinars from the U.S. Department of Education and the Kentucky Department of Education are there. And in your PDF version of the PowerPoint in your handouts, you can click on each one of these links there and go directly to it. Or it’s obviously on our website too, those links. So I know we are probably past or just about past time here. I just want to see if there were any additional comments or questions that anyone might have.

Stella: [00:51:54] I don’t see any questions, Rhonda. But of course, like you had said earlier, if anyone has [00:52:00] some after the webinar, they’re more than happy to email us and we can get back to them.

Rhonda: [00:52:06] Yes. Wonderful. And we will also be having a webinar on the overview of “Connect the Dots”, which is a behavioral for early childhood this Thursday 11:00 AM to 12:00 PM Eastern Standard Time. Please join us and we will continue to have these weekly updates and we will be adding to our website the link where you can register. Hopefully today or tomorrow under the events, we have the new links where you could register for May for the webinar updates.

Thank you so much. If you’ll please take a moment to complete your evaluations once this ends, we greatly appreciate it. Stay safe and have a great day.