Tuesday Tips Webinar: Compensatory Education and Extended School Year ESY COVID-19 Guidance

Rhonda: Hi, hope y’all are doing good. Thank you all so much for joining us this morning, today we’re going to talk about on our Tuesday Tips Webinar, which we will be over the next several weeks focusing on, COVID related guidance and information for you around education. And there may be some other important things, as families, that we make sure that we share and any new guidance that we get. Today, we’re going to focus on the compensatory education and the ESY, extended school year, guidance that was released from the Kentucky Department of Education, along with some other updates at the end that are important as well that we share to you all. [00:00:45] My name’s Rhonda I’m with Kentucky SPIN. We also have the pleasure of having Stella Beard on here with us who is helping to keep me straight because she has her hands full. [chucles] But I am blessed that she helps and we have a great team here at Kentucky SPIN and everybody helps one another. And it’s just amazing, especially as we navigate the pandemic together and help one another the most that we can. [00:01:14] Just to give you a little bit of background, three of my siblings have disabilities, from the scene to the unseen, and all three had IEPs through school. They are brilliant in their own way and have great things to offer just like all of our children do regardless of the disability or the severity of the disability. I also the proud foster adoptive mom to the greatest gift of my life, a wonder every day. Yes, we have those mama moments, but I still thank my lucky stars every day when I get up, I can’t believe I’m able to be his mom. [00:01:50] Now, just to tell you a little bit about Kentucky SPIN and also all of our staff staff are persons with disabilities and or parents or family members of persons with disabilities. So I think that’s important to know because we come from a lived experience and offer the peer support. Kentucky SPIN is Kentucky special parent involvement network. We have the parent training and information project for the state of Kentucky, which is through the US Department of Education and is actually called for under the Individuals with Disabilities Education Act, the federal law that also calls for IEPs in school and First Steps in Kentucky, the early intervention system. [00:02:31] And we’d had that since 1988 when Kentucky first received one. And a lot of what we do is just so that you know, we don’t act as attorneys. We don’t represent families. Is that peer support to help parent training and information. We train a great deal of parents, professionals, youth. So our goal is to help you to be able to advocate for your child. And knowing about the resources and information available. So we’re going to just dive right on in here. And I’m a big believer in the older I get, the more we work together, this is what’s truly going to make a difference and our children succeed. [00:03:14]And really, you know, our lives on a daily basis, you have to think outside of the box, because I may have the best laid plans, but when you get up that morning, you’ve got to deal with and adjust as you go. So I don’t know if any of the rest of you are like that, but I don’t think I’m alone, that’s the wonderful thing about everybody working together is that, especially through this pandemic, which is something we could have never dreamed that we would be living through, that we’re really working to help. [00:03:42] Now, that also means that since our webinar last week, where we went over some updated guidance, things have changed drastically, since yesterday. So when Stella will probably and everybody at SPIN get a good laugh out of, I had everything all done for today’s webinar yesterday, and then the Kentucky Department of Education issues some more guidance that I needed to go back in there and put in it. And then the Governor made a big announcement yesterday. So we know that things are changing hourly. And just like on a daily basis as families and persons with disabilities, you have to adapt immediately. There is no greater group that I think that has been able to adapt through this because that’s how our lives are on a daily basis. [00:04:31] But just to update you on, if you didn’t see it, or hadn’t heard we’ve been posting and spreading the word, like I know many others have. And you may have already heard from your school district, but Governor Beshear made an announcement in his update yesterday. And, let me just explain cause I get too carried away I don’t even go over logistics or anything. So I apologize. [00:04:57] If you have a question, please type it in the questions box over there. You’re going to see also there’s a handout section. And if you don’t see it, cause I know some people, the menu doesn’t show it, right, not to worry because what we’re going to do is you’re going to get all of these handouts, and the copy of this power point, in an email following, sometime later today or tomorrow. And it will have links to where you can access all the handouts, as well as your certificate for attending, and also a link to the survey in case you’re not able to finish it right when we complete the webinar. [00:05:32] So, please know to any area that you see, I don’t know if you see my cursor there, where it’s got the hand, these are all clickable links, so we have it linked. And when you get the PDF there, the version of the PowerPoint, you can click on those and go directly to the guidance on there. So the one thing I wanted to make sure that I shared is that you can click to those so that you get the exact guidance and you’re going to see throughout here there’s a lot of information on the screen. I wanted to make sure that I put the exact stuff from the guidance or recommendations so you have it. Because it’s not important to know what Rhonda said, it’s important for you to know and see and know where the guidance is coming from. [00:06:22] So during that, and we will pause periodically throughout to see if there are any questions. In the announcement yesterday, it was the recommendation that kentucky not start in-person classes until September the 28th. This doesn’t mean that kids won’t start till September 28th. This meant to hold it starting in-person classes to the 28th, meaning that all students would start through non-traditional instruction, the virtual, because of the pandemic and the safety of our children and staff and everyone involved. So what this means is, everybody had different districts were planning different things. So right now, again, this was a recommendation from the Governor after that this link is to his announcement from last night. Also Kentucky Department of Education, issued a press release, which will be on later after the webinar, on our website, on our COVID page. [00:07:29] You can always keep up to date to get the latest guidance on our COVID page. Go to www.kypin.com. And you can click right on our home screen to it to keep up to date. They stated in there, commissioner Brown at the Kentucky Department of Education that most districts, that they anticipated that they would follow this recommendation and persue with it because in past the things that have taken place, in the pandemic, it wasn’t a requirement, it was a recommendation. So what this means is that all of our kids, more than likely you’re going to start this way, but what’s critical is you need to contact your district to find out is this what they’re doing? But then also not only that, what does this mean? How does your child contact this school? How do we have the communication? But especially for children who have IEPs and 504 plans, we need to come up with a game plan. And we’ll talk a little bit more about that in a minute. But I wanted to make sure that was very critical news and change from what your district was probably already providing. [00:08:37] I do know that some districts out of the hundreds, so there’s 171 school districts, I know from KDEs press release last night that prior to this announcement, 149 of them were planning to go back at some level of in-person. And so only 49, we’re planning to do virtual at the beginning. So your district may have always been planning that, and you may be set and good to go. The critical thing here is the communication, is what’s going to be key. Contacting the school. If you haven’t been contacted, it’s critical that you contact them so you know what to do to help your child best. [00:09:21] So we’re going to dive into this, so just sort of an overview that the federal law, Individuals with Disabilities Education Act, IDEA, which calls for IEPs in school and section 504, we had the 504 plan and the Kentucky Administrative Regulations. None of these, and you’re probably sick of hearing me say this, if you’ve been on our webinars, but it’s critical that we make sure we remind ourselves, none of these laws, federal, state laws had anything put into place what you do and guidelines for when there’s a pandemic. None of us have ever experienced that. [00:09:58] So given that through the US Department of Education and the Kentucky Department of Education early on in their guidance that they issued address that the laws did not address the situation. And again, we’re having to think outside of the box, you know, just like we do in our daily lives, in regards to the education. [00:10:22] Now you’re going to see from early on, because what I wanted to concentrate the majority of the time, because we didn’t get to concentrate as much last week on the compensatory education and the ESY, like we needed to because it is so critical. [00:10:38] Leading up to the guidance that was recently issued, where we’re going to talk about that I’m going to show you guidance that led up to all that, whether it be from the Kentucky Department of Education or the US Department of Education, so that you could see as we went along with things hit in March, there has been different guidance that states about compensatory education. This being one of those that you see on the screen, which was from the Kentucky Department of Education, where it stated that the ARCs on an individual determination when they did decide whether students requires compensatory education for any skills that they may have lost because the student did receive the educational benefit. In other words, have access to it. So just in Rhonda’s plain terms, because I have to be able to picture stuff. When you think of compensatory education, think of what you would have got had there not been a pandemic or had you not received the services, right, for whatever reason. So when we talk about ccompensatory education, that is just, that’s related to what you did not get that you should have. [00:11:55] When we talk about ESY, extended school year, that’s totally different. That is what you receive, if it’s decided that that’s what’s appropriate on an individual basis is so you don’t lose what you already have. Right. So you maintain, not to learn new skills, but so that you do not lose what you already have. Because for many students with disabilities, the loss over breaks and in different things is much greater than students who do not have a disability. [00:12:30] And we’re going to talk about all of them this in more depth and give you the technical terms of step, but just keeping your mind, compensatory education is what you should have got. Extended school year is so you don’t lose what you got. So those are, Rhonda’s just plain terms. [chuckles] And, I know that seems, but I think it’s important to just always keep that in mind as we go through this because again, things are very tricky and depending upon the situation, what decides. So in this, early on, you’ll see that with KDE, then the US Department of Education under one of their answers, questions and answers area led to, when it was answering about if the school’s closing, and just so y’all know for further reference for all students that doesn’t, if it’s closed for all students, they don’t want to provide IEP services right. But if students, regardless if it’s in-person or not, are in school, you know, technically doing school, whether it be virtually or in-person, they do have to provide the services. But in that answer also, it’s stated the individual student with a disability, that required to make again, the individualized determination to whether compensatory services are needed under applicable standards and requirements. [00:13:57] I just want to show you all areas that have alluded to and kept reminding us throughout before we get to the larger, the guidance specifically for compensatory education again. And another one through KDE, stated that we need to look to see and make up any skills that they may have not received in the benefit, any missed IEP services. And look to see if there’s compensatory education needed based on it wasn’t able to be provided because of the pandemic. [00:14:34] So now you might think, well, why is Rhonda putting in here about the CARES Act? Well, because in those, it also built up and addressed and a couple of things, because when we talk about compensatory education and our first thought, I don’t know if it’s you or just me, but first of all, our schools aren’t funded at the level they should be in the first place, right. So then we’re thinking, Oh my gosh, there’s going to be all this compensatory education needed. So through the CARES Act, there are two funds, the governor’s emergency education relief fund, GEER fund, and the elementary and secondary school emergency relief fund. [00:15:17] The reason I want to bring these up and draw your attention to just show you the guidance that was issued through the Kentucky Department of Education, because they list, and I want to show you where it does that compensatory education is a reason and those funds could be used for that. And in that guidance, it was critical, and also said, you know, looking at the whole big picture of all children’s needs, not just children with disabilities, but all children. Because everybody, there are so many different needs on a daily basis if schools are normal, right. [00:15:52] But especially as we’re going through this with the pandemic, so it stated about the GEER funding considerations for special education. And I won’t read through these, but these are different things that the GEERs fund could be used for it. More importantly, it stated in there the GEER funds also may be used for additional costs providing compensatory education services to students who failed to receive FAPE during the remote learning that occurred as a result of the pandemic. [00:16:24] So, that is critical because districts then will be able to use, and it was in the guidance, these are questions you need to look at because districts are going to be getting all this money that this is something that is critical. You’ve got to look at for those services to be covered under. [00:16:43] Additionally under ESSER Fund guidance that came down. It also talked about, and when it says the LEA that is your local education agency, and this was from another guidance from the Kentucky Department of Education that stated again, the FAPE and the access, I apologize for that ringing [chuckles]. So it also states to have the access to the opportunities is the same as their non-disabled, but these funds could be used for that to help. But also it stated in there, when it says the office of special education in early childhood learning, that is the office within KDE. So when you see, an I’ll probably mess this up bad, OSEEL that means the Kentucky Department of Education’s office of special education, was advising the local school districts, LEAs to consider reserving a portion of those funds to pay to provide the compensatory education for students. [00:17:49] It’s important to know that because like everything else, there’s not enough money on a daily basis. And this allowed where districts are going to be able to use those funds to provide that. And again, keep in mind when we’re talking about the compensatory education and as we go through this, we’re talking about these maybe services that need to be offered in addition to what they’re already getting right now. Right? Because this will be in addition to them getting their IEP services right now in school, just like ESY would be as well. So it’s not fit it in that timeframe, and fit it in with the others services, because you’ve got to look at this maybe tutoring, not during the school hours. Because during the school hours or when they’re receiving their normal, right now, IEPs, you know, their program services that doesn’t count towards the compensatory education. So I want to make sure we keep that in mind. [00:18:51] And again, it’s stated the most appropriate time for the ARC to decide on the compensatory services is when school returns to normal operations. We know given what we’re in right now, it’s very important though to start to go through that and be having those conversations with the school to plan, because we know now we’re going to start back at school like we ended school. And we’re not only going to be looking at was there compensatory education or ESY services needed then, we’re going to be looking at it for the time period that we’re rolling into too. [00:19:28] So the critical part that we’re going to concentrate more on here is through, on the 20th all of this, that we’ve led up to the main guidance KDE released, the reopening guidance, and in that press release, there were three guidance documents. The key one that we’re going to concentrate on is the guidance for the compensatory education and ESY services, because it is such a detailed and important area that we need to look at. [00:20:02] I’m going to pause a moment to see if there’s any questions with Stella. [00:20:08] Stella: I don’t see any questions right now, but I just want to let everyone know that if you do have a question, feel free to type that in the question box and it’ll pop up on my end and Rhonda will answer them for you. [00:20:22] Rhonda: Thank you so much Stella. So let’s dig in here. So the key here is and because everybody gets really nervous when anybody says compensatory education, because it alludes to you did something wrong, it was something that you should have done. That’s not the intent with compensatory education. And I’m glad that this went over it and with the guidance from KDE. [00:20:55] So we know under IDEA and our children who have IEPs are entitled to a free, appropriate public education, FAPE, regardless of the instruction delivery model. Like there may be some students have been who have been getting the FAPE virtually. So not all students are going to necessarily need compensatory education or ESY or both. The key here is again, looking individualized. What is it that your child may or may not have received that they would have given that if everything was normal? And the thing here too, is that goal of it is to put in place so he or she can receive those services, even if they, because they were denied the FAPE. [00:21:46] And one of the things that’s really critical here, because a lot of, and one thing that they noted in the guidance document, which I think was critical is because districts and teachers were feeling like that it comes with a negative tone, that they purposely did something wrong, which in fact, they didn’t. And we all have been doing the best that we can as we work through this and figure this out. So it’s not about blaming someone. It is about, okay, so this is, we’ve all been going through this. So now once we get to the next level, we need to look at, you know, when some districts may want to call it unfinished learning, loss learning, post COVID instruction, regardless of what you call it, it doesn’t matter, the thing is, is making sure that we are looking at it individualized for each child that has an IEP. And is this something that, you believe or you feel, or the teachers feel that there is a need for compensatory education services? [00:22:50] And have those conversations and acknowledge it because we’re all doing the best that we can. I can tell you, I try my best every day, but I’m going to tell you if I looked at everything that did not go right, or I did not do right, I would drown in it. So, but here’s the thing is, it’s not a blame game. We need to move from that too, because that’s not going to get us anywhere. And the great thing that I loved in this that was stated was because here’s the thing, an IDEA in the federal law and here’s why it has, and I’ll tell you why it has a negative tone, compensatory education is not in IDEA or the Kentucky administrative regulations. How it came about was through lawsuits that were filed on different school districts throughout the United States. [00:23:44] It was a term, and what was come up that was awarded to students, compensatory education. So based on case law, that is why there is such a thing as the compensatory education, because they had to come up with something. Especially in those cases where there was compensatory education lost services that they did not get, for them to be able to get it because of the failure to provide FAPE, free, appropriate public education. [00:24:16] Here’s the thing too, is that we don’t want any of this to go to lawsuits, right. And the great thing about this guidance and in conversations that we’re having with teachers, KDE administrators, all of the great partnerships that we’re working on is, we don’t want it to go to court. We want the ARC teams to be able to meet, look at it, and you were an equal member as a parent and the youth of that team to be like, okay, so you’re all looking at this. And there was compensatory education or there wasn’t. So if there was, let’s put that plan in place, so that we don’t want to end up in court. Right. That option is there and in those procedural safe guards and parental rights that are in IDEA. But the end goal here is for our children’s to succeed. The most we can do that with keeping it out of court, the better for everyone involved, right. [00:25:16] So this guidance laid out because we have the means. It’s not about a blame game. It’s about given we’re living through a pandemic, and we’re seeing mass amounts of possible compensatory education throughout the United States, it’s going to have to be provided. Because the services may not be able to be provided based on requirements through the government, our state government, federal government, for everybody to be kept safe. [00:25:45] So now that we know this, and we kind of share here, these are some of the things that led to being awarded that, that led to there being compensatory education. And it was aimed to place a child who has a disability in the same position, they would have occupied if the school was able to and not violate IDEA. [00:26:11] Well, the schools have been pushed into a situation where they had to violate it to follow the other rules because we’re living through a pandemic. So now we get past that and here’s where it’s critical is. Remember when I said about the compensatory education, the ESY. Compensatory education, which should have got. ESY is so you don’t lose what you got, right. So we’ve got to make sure, and I was so thrilled in the guidance where it says not to confuse this. [00:26:44] Another thing too, that I want to bring up when the children are on the non-traditional instruction, virtually that is not a change of placement for a child. It’s a change of location. And all students change, it’s a change of location. So keep that in mind too, as sort of a little side note. So when we look at this and we’re going to go down through, and there’s some questions and answers that KDE, [coughs] excuse me, it also address through here for it. [00:27:15] So extended school year is the specially designed instruction and related services that are provided to a student with a disability beyond the normal school year, in accordance with the child’s IEP at no cost to the parent. So when this is looked at is, and there was a Kenton County Schools versus Hunt. When they looked at this is the ESY came from that, to provide the student with private program over the summer. So it may be tutoring. It may be working with your teachers. It could look a whole variety of ways. [00:27:52] The idea with this is so that kids do not lose and there would have been, the ESY is necessary to avoid something more than an adequate, recoupable regression. More specifically, it must be shown that an ESY is necessarily to permit the child to benefit from instruction. We don’t want them to lose what they already have. And so this is key to be thinking about as well, because we need to know is, first the IEP teams, ARC teams probably need to be looking at both of these and see if either of these are applicable to your individual child, right? Do we need to, and you may know, okay, well maybe the compensatory education, but I don’t think there has been that loss, but for a lot of students, there has been a huge loss, given what they had before we hit the pandemic. Right? So that regression has just been amplified. That then is a totally different story. And what you have to look at versus the compensatory education, which is the what did they not receive? And what then are those gaps that they did not get? [00:29:17] So let’s pause here just a moment to see if there’s any questions. [00:29:23] Stella: Rhonda, we do have a question. One of our participants asked about, what is normal school and what she’s meaning is like when would compensatory services start? [00:29:40] Rhonda: That’s a great question. That would be a conversation for your whole IEP team, just to talk about, and determine. So what it is, is it may be critical before you would even roll back out in normal, they did not define the normal, and is it that your back in-person some or they didn’t go into that great detail. But we can also specifically and Stella, if you’ll help get me straight again, remember we will specifically look to see if that exact question in other guidance was answered. But to my knowledge, it did not define the normal outside of, I think what everyone’s assuming i,s when they get back to completely normal. [00:30:28] But that doesn’t mean that you can’t be looking at that before that and be making those plans because especially if you already know, because we know the longer kids go without services, it’s not good for them. So my suggestion is start having those conversations, request an ARC meeting. We need to start looking at this now because you already know, and that’s a great question. You already know if you’ve had or not right based on the end of the year. So you all can already be having those conversations. And if you did have some, the likelihood that when you roll back out and start the third week of August, is that, that’s only going to add to it too. To my knowledge, and this will also be something we double check and Stella, if you help keep me straight, this’ll be something too, along with the other one. Did they define normal, when normal school starts? And we will give the update in next Tuesday’s webinar. [00:31:31] Our Tuesday tips is that can they go ahead and start it now? So is there things that they could put into place, again, keep in mind if it starts, it’s going to need to be in addition and they may not be able to start it because what caused the whole thing in the first place is still a barrier. But that does not stop the IEP team from meeting. You could do it virtually, a lot of IEP meetings are taking place. We need to start looking at this and start making a game plan so that we can hit the ground running as soon as things do get to however it’s being defined, as normal those services go into place. And in addition, not only do they go in place, but they are in addition to, and not taking place during their normal service delivery of the services on a daily basis, when things are back to normal. [00:32:26] That is a wonderful question. And I’m so glad that you shared that. And that again is something we’re going to continually look at and we will check on. But I say right now, the more you plan and the more you work together, it’s only going to help our children. So we need to start having these conversations now because then the better we plan and we have a game plan for all of us, the better we’re going to know, and our children are going to do. [00:32:58] So was there any other? Stella I’m sorry. [00:33:04] Stella: No, that’s all the questions I see right now. And I’ve written those down and we will follow up. And like you said, have those available for next week. [00:33:15] Rhonda: Thank you so much, Stella. I don’t know what I’d do without you. I owe her so much [chuckles]. One of the things, so now when we’re looking at this, again, with the ESY, is the tendency to regress. Prior regression, looking at data, how quick can they recoup their skills, and progress towards their educational goals. Those are all things that’s going to be looked at with ESY. [00:33:41] Now I love charts, right. You know, I’m a visual person. So on this, you’re going to see, I love that it says what it’s not. And I’m not going to read all of these to you because I want to make sure that we have time to get to the questions and answers, but I love how in the guidance, and again, remember, you all can click on all those links within the power point to get directly to the guidance, where it goes over, what compensatory education and ESY is not, how the services could be provided. And again, look down there, provided before or after regular school hours, including during school breaks. So you see there too, that it’s also referring to that it’s outside of the instructional day, including the during school breaks. [00:34:32] So let’s go down through the things that they stated was important to remember. Again, denial of FAPE has occurred, based on what we’re living through, you know, at no one’s fault here, we’re not looking to blame anybody, we’re looking at, okay. Has it occurred? How do we work to make sure that the children get the compensatory education? If that has taken place and the ARC team. The ARC team can come up with the implementation plan for the compensatory education. Again, we don’t want it to go to court. [00:35:08] The ARC team, which you’re an equal member of, along with the youth is that we look at it, see what may have been missed and calculate and figure out together a game plan. And, [coughs] excuse me, the district must provide the transportation for the students for any compensatory education received too. So you would still have all of those things in place, as well as for preschool. [00:35:37] You’ve got to look at all of these different things with ESY. Again, you want to, see what has occurred determined annually. ESY is something even outside of COVID that should be looked at for every child in answered is ESY services. There’s a spot on your IEP that you all at your annual, at least at your annual ARC meeting should be looking at that says is ESY services. [00:36:06] Appropriate or needed. So again, this is just additional and more people are knowing about it. It may not have qualified before for ESY, but they may do to the pandemic. And what has occurred again, the more documentation. Whether for the compensatory education or ESY, the better show where they’ve progressed or not able to do it, it could be in an assignment, right. [00:36:33] It could be simple. You know, give examples. The more notes you take, document things that you saw, things that occurred. If it was they missed so many minutes when we’re talking about compensatory education, they did not get the one time a week, the 30 minutes of the speech therapy, which though that could have been provided or could still be provided through virtual means, sort of one-on-one or in a group. So any of these things could have be provided. It may have been on an altered level, but that something else you’ve got to look at too, was there some parts of it, so it may not be the complete, and I know I’m getting into the weeds here, but keep this in mind too. It may not be the complete service, for the whole time, the 30 minutes, one time a week. Right. They may have got a little, but what it’s going to be when you look at compensatory education is from what they got to what they were supposed to get, that in between difference would be what the compensatory education is. [00:37:40] So there’s several questions that are on this, that the district, that KDE had addressed. Is solely due to the COVID, and what the districts were forced to have to do, to the remote thing, is that, was there a denial of FAPE? Because it wasn’t their fault. It was very clearly said, yes, it was still a denial of FAPE. Not because it was [inaudible], they purposely did something wrong. They weren’t able to provide it. But FAPE was still involved. So it’s not a, did you intentionally do it or not, which determines compensatory education. Is point blank, was, did you not get what you were supposed to, regardless of the reason why. So that’s important to keep in mind and reasonably calculate it and looking at again, it may be minutes. It may be looking at a whole variety of things. The data is going to drive the majority of this. [00:38:47] So what’s special education and related services must be provided to students with IEP during times of brief school closure? You know, providing the services when the school is closed due to COVID, it is not yet providing any services to the general population, they’re not required to provide IEP services. But if they’re providing the general student population school, they still have to, regardless of the delivery method, if it’s in-person or virtually, they still had to provide IEP services. [00:39:23] So, if the students had needs that are too complex for districts to reasonably provide through remote instruction. And the district is unable to conduct the face to face instruction because of the public health, you know, we’re in a state of emergency, what should the districts do? So the districts would provide the services that are feasible again, think outside the box. And make a good faith effort. [00:39:48] And then you’re going to, through the alternate means, then the ARC team is going to need to meet and see to what extent compensatory services may have to be provided. Again, that it is that gap from what they got to what they should have got that gap in-between is what is going to be the compensatory education. [00:40:12] So another thing because many students graduated. So children with IEPs can go to school through the age of 21, unless they graduate sooner. Righ. So one thing that it’s put in here, we had a lot of kids that graduated, or aged out of, they graduated with an alternate diploma, is can you still get compensatory education? And yes because it was a denial of FAPE under IDEA, when they attended school through the age of 21. And so yes, it can. So for students who have already exited school and graduated, they still could have the right to get compensatory education, but that’s, you’ve got to request an IEP meeting and all have conversations and look at that. And with the ARC team, IEP team, develop a plan. So, again, I was very thankful that was in there cause many of our students that may have been in the situation. [00:41:24] So another here was can the ARC team award the compensatory education for preschool too, if they didn’t receive their IEP services? Yes, because when we go back to question A-1, they would also apply for preschool students because it’s three through 21. And if there was a denial of FAPE, they didn’t get what they should have. They can still get compensatory services. [00:41:55] Also, when we look at this too, there were questions that came up because some evaluations, which the Kentucky Department of Education and I know the school districts and at the federal level too, and especially through the Kentucky Department of Education were encouraged throughout this, not to delay the evaluation process to look at alternate means in how we can accomplish this. Because for an initial evaluation for an IEP it’s 60 school days. So even when they were on NTI, the non-traditional instruction, virtually that’s considered a school day. [00:42:32] So the important thing to keep in mind for that was those timelines and the federal and state law did not change. But they may not have been able to offer, and this is in the initial evaluation or their every three year of re-evaluation. They may not have been offered to the extent if it required the one-on-one. So what needs to take place is they need to look at, especially if it was for the initial evaluation, if they would have qualified, then the IEP was delayed in starting so they would have already got, I know this gets confusing, but they would have, if they qualified, already had an IEP in place, would have received those services during say the end of last school year. [00:43:23] So looking at that, remember what they should have got because it was delayed and they would have qualified for the IEP, whatever date that that would have been in place to the date now, that gap could be considered compensatory education for students. If that process was delayed, and they did not get the free, appropriate, their right to FAPE because of the pandemic, again, you know, not at the school’s fault. But districts were very encouraged to not let any evaluation be held up by one piece of step or information. Because an evaluation is made up of a lot of different things. It’s not just one test score. So, again, you still need to look at that, if there was going to be a gap from when they would have qualified and an IEP in place to now there’s that gap that they didn’t get what they should have. So just keep that in mind. [00:44:27] Another thing here is, so a big question is okay, and I know as parents and teachers, how in the world do we come up with what’s the amount to award? Again, this is going to be individualized, just like each child is individual, and you’re going to need to look at quantitative and qualitative data. You can look at a whole variety of things, but we’ve got to come up with some measure. And here’s the thing I always suggest whether it’s this or when we’re talking about IEP basic law. Start writing yourself notes. Are there things that you see that your child didn’t get that’s critical that would fall under, make yourself a chart and it don’t have to be fancy and I’ll sit down with a pen and paper. One column compensatory education, one column ESY services. Ask yourself and step through if you’ve got your child’s IEP, look through it and see, okay, yes, they did get that. It was through an alternate means, but they did get it. Or was there a gap in what it said they get and that what is that gap? Start sort of making, and it doesn’t have to be fancy, making yourself notes, this will prepare going into the IEP meeting. Likewise on the ESY, if there’s things, skills that are critical that your child had and if regressed or they have a tendency to regress greatly over the normal regression, each child has mark that too. These will be your notes and it doesn’t have to be in fancy terms. [00:46:02] You will know okay, and this is just a blunt example of, okay. If you know that your child would have been learning, you know, and receiving this service for this and they weren’t able to get it. Then, you know, that that was missed service. Likewise, on the ESY, if you’re looking at okay, my child was able to add three plus five before for the pandemic hit, but now they’re not able to come up with the answer. So looking at it, I know that may seem very simple, but looking at it just in plain terms and writing those notes out. And then everybody coming together to have those conversations to where everybody’s input is being taken into account and that’s data. You know, that they can’t do it, and they were able to do it. So just keep those things in that. [00:46:59] Also should an ARC add ESY services to every child’s IEP? No, it’s just like compensatory education. Just because they have an IEP doesn’t mean that they qualify or even need it. Again. The great thing about the Individual with Disabilities Education Act, and the IEP individulized education program, is it’s individualized for your child, regardless of the category of disability that they qualify. Because you know, as well as I do and I’ll use example, my brother has cerebral palsy. Okay. Just because that’s something that he needs help with. Doesn’t mean anyone else needs that same help with CP. Or just because Grant has a photographic memory and is able to remember things like you wouldn’t believe that doesn’t mean everybody does. Right. [00:47:50] So all of us are different and unique and children with disabilities are no different. So we shouldn’t assume that they need both of these. We have to look and be able to see and really step through the process as a team to decide if they’re going to need it or not. [00:48:10] I know we’re getting close on time. So we have, and you will have all these in there if you have questions, because there are a couple of updates that, well first I want to see if you all have, want to make sure that I point out a couple of things. [00:48:23] There’s a couple of other updates that we have, and another,I want to make sure I point out that was one of the other three, just like this was guidance, least restricted environment. I want to make sure that you all saw within that reopening consideration for exceptional learners and preschool students, that it stated that practices such as placing all students with disabilities in the same classroom in response to the pandemic may result in the denial of FAPE as well. [coughs] Pardon me. I’m so sorry. So that is not appropriate. A child’s placement is decided by the IEP team and what’s most appropriate. A least restrictive environment in the Individuals with Disabilities Education Act, IDEA, is for them to be educated with their non-disabled peers to the greatest extent possible. Right. [00:49:22] So we can’t put all of the students who have disabilities just because they have a disability in one class when it rolls back in-person. It is an individual ARC team decision based on that child’s individual needs the placement. And you should receive modifications and accommodations in the regular classroom, to the greatest extent to make it work there. And then look at alternatives through the ARC team, if that’s not what’s appropriate. But we want to make sure everybody knows that going back does not mean that those things change. That’s in the law and each child is to be educated in the least restricted environment. That’s not changed. [00:50:08] So another one that it talked about is contingency plans. So this would be critical to contact your school because now we know everybody’s rolling out more than likely into the virtual setting the non-traditional instruction program. So it may be critical if you all haven’t as an IEP team, ARC team rolled out a contingency plan on what happens if this occurs that it’s in the alternate location, through the alternate means. We need to have a meeting and develop a contingency plan. Because especially given right now, things are changing daily. We need to, again, plan ahead so we can hit the ground running. What do we do if this occurs? And I wanted to make sure that I pointed that out in there. [00:51:00] Again yesterday, this was the other part of guidance, which I was very grateful for, and I’ve been so thankful that in all the guidance that KDE has been putting out, it has been very diligent about making sure that our children with disabilities, regardless if it’s a disability specific guidance or not, that they are taking them into consideration. I cannot say how appreciative I am of that. And I can tell you all that’s unheard of, especially if you look in other States. So I do want to give thanks that we have that. [00:51:38] The one that wrote out yesterday was considerations for reopening schools, class size and virtual programs and courses. So, and again, through KRS, Kentucky regulations, you can go in the law and see what the school class size is, what they recommend. And of course, because when you look at there are guidelines set up for class size, regardless of those disability or not for all public schools in Kentucky. Those same guidelines should be the same for virtual. And specifically, even more, it states that where feasible the lower amount of students virtually, because we know it’s harder in a virtual setting with the interactions and engagement with students and teachers. The lower, the class size, the better. [00:52:33] Sometimes that’s not feasible given the amount of staff, but reason I wanted to bring this up again, they brought up and identified special education class size that is different. And that is a placement decision for children who have IEPs. And there are special, because, when we’re looking at class size where it has to do with, and you’ll see on the slide that I just had moved from before that those have to do with the site based decision making councils, SBDM, with the Kentucky set guidelines for sizes, but there are specific special class sizes that you can access for special education classes that are even outside of that. [00:53:19] And even more so there were requirements for placement decisions for students who have IEPs, regardless of whether the SBDM governs this school, the district has to provide that for each child with a disability in accordance to the max case size for special classes. So keep that in mind too. And that rolled out yesterday. But you can read more about that as well. [00:53:46] And we have put all links too, here in this, in this page. But what I want to make sure I point out here to you. Okay, this on the second one, the resource, again, all of these are important information. It may not have been covered in this website, but it’s critical. This third one, I want to make sure because based on these virtual town hall answers that KDE did, a teacher’s question about reopening. KDE got over 250 questions and I’m sure that has jumped greatly since they had this, because you can access the COVID-19 facts spreadsheet, which gives you questions that teachers and schools ask along with the answers. [00:54:33] This is on KDE’s website and you are likely to find the answers to many of the questions as a parent, you would have, just like the school has. So that’s very important and a great resource there. And it will continually change as we all evolve through this and they are adding questions and answers as they go. So I wanted to make sure you all saw that. [00:54:57] Now Stella’s going to take over here for a little bit to talk about now off of education, but some other important COVID updates. Oh, but first I’m so sorry, Stella, were there any questions before we go out of education? [00:55:14] Stella: I don’t see any right now, other than the one I’ve already mentioned, but of course, you know, people can still type those in and we will try to get to them. Or at the end, there’s our slide with our email. And they’re more than welcome to send those questions directly to us. [00:55:30] Rhonda: Absolutely. And let us know if we happen to not see it, we are here to help and we’ll follow up and do the best we can to find the information. But take it away Stella. [00:55:39] Stella: Okay. Great. Thank you, Rhonda. And what wonderful information and you all will get all of those links in an email later this afternoon. So I think that’ll be very, very helpful. And please feel free to share that information with folks that you come in contact with. I want to just talk briefly just about some changes that happened with our Medicaid waivers. [00:55:59]And this notice came out on August the 10th. Lot of information coming out on August the 10th, as we saw yesterday. But what’s going on right now is a lot of folks that are on Medicaid waivers, particularly Michelle P waiver, home and community based waiver and supports for community living waiver. [00:56:17]And I am one, that’s a great example of that with my son. We have lost some direct support staff due to COVID-19, and so what this letter, or what this guidance has come out with is letting folks know that if an immediate family member wants to provide those participant directed services, due to the fact that you have provider gaps or someone you have hired is no longer able to provide those services due to COVID-19, you are able to hire an immediate family member. And normally, for those of you all that, either have a person, a loved one in Medicaid services, or you know someone, it is a pretty long process to get someone approved to begin services. And so what this letter, that you have a link for does is it’s a request letter saying, you know, this is an immediate family member and we want to bypass waiting for those background checks to come through and they can start services and providing those services immediately. [00:57:24] Now, the reason why the Michelle P waiver was not listed is because it never needed an approval letter. For example, my daughter, when we lost our two direct support staff for Clayton, because of COVID, my daughter is 18 and we immediately hired her and she was able to start immediately, in the other two waivers, the supports for community living in the home and community based waiver, they had to go through an approval process first. [00:57:53] So what this guidance was saying is they’re still going to do background checks. They’re still going to do all of those administrative office of the courts, background check, but they can start immediately. And if for some reason that immediate family member comes back with something on their record, then of course they would have to stop providing those services. So I think that was a really great thing that Department for Aging and Independent Living, which we call DAIL, agreed to. [00:58:22] And so, that has really helped a lot of families not have those gaps in providing services. So the link is there too immediate family member request approval letter. And you can submit that along, well, what you would do is you would submit it to your support broker or your case manager who provides those monthly check-ins with you , that’s who you would request that immediate family member begin to work. And an immediate family member is someone like a brother, sister, mother, father, grandmother, grandparents, someone like that, that would be considered immediate family members. A friend of the family that is not considered an immediate family member. [00:59:03] So be sure that you get that all approved ahead of time. But anyway, that’s, that’s what I wanted to share, Rhonda. So thank you for giving me that moment to do that. We will be putting a little video out about it too, that’ll be on our website. [00:59:18] Rhonda: Awesome. Thank you so much. Yes, cause everything rolled out yesterday and as soon as we all thought we were done with stuff, so, but the great thing is, is everybody is coming together and issuing guidance information. And it just warms my heart that we’re all pulling together to try to help everybody the best we can. [00:59:41] So another thing that we learned yesterday, Kellie, who is on our side staff, Kellie Smith, she found out that the Department for Aging and DAIL also is partnered with the Kentucky Transportation Department. And there is a short video from the commissioner you can watch. But that is partnering to help individuals with disabilities, get transportation to their services for COVID testing appointments, if they don’t have transportation and they don’t have Medicaid, that would pay for that transportation. That is a huge blessing for many of our families. So please know that that is available. [01:00:27] And another great way, because we want to make sure everyone has equal access to COVID testing, so that we can all be healthy and know what to do. So again that is a very critical resource out there. Please spread the word for that. And we’ll also make sure, I believe I posted last night on Facebook and Twitter, though we’ll also make sure it’s an our E-news, so just a reminder guys. I know we’re at time, and a minute over. So I do apologize, but is our Tuesday Tips, every Tuesday at 11:00 AM, and don’t worry if you miss them, and are not able to, I know schedules are hectic, because we also have Thursday webinars, but we are recording all those and getting them turned around in record time, closed captioning, and having those available for you. They will be on our website, they are added to our YouTube channel. But know that you will be able to not long after access those at any time. [01:01:30]And especially if you saw it and want to go back and in view it again, or share with someone. Again you can sign up, you can hit directly on our sign up now button here to sign up for our e-news. And we’re down here and our COVID webpage, I talked about earlier. Again, please let us know any way we can help, we’ll do the best we can. [01:01:52] And, if you could take just a moment to fill out your evaluation, we greatly appreciate your feedback and feedback from last week was used to help us to decide to go more in depth with the compensatory education and ESY this week. So we greatly appreciate your feedback and hope you know that we are in this together with you and love to you all. Take care and stay safe. Bye bye.