Educating Children with Disabilities during COVID-19 Guidance Update Webinar

Rhonda:  Hi, I hope everyone is doing well and thank you all so much for joining us today. We’re going to be talking about, it’s sort of an update on the guidance that has been issued through the Kentucky Department of Education related to children with disabilities and education during COVID-19. I’m Rhonda with Kentucky SPIN.

[00:00:25] And just to give you a little bit of background around Kentucky SPIN, we have been around since 1988 and we have had the parent training and information project, in center for Kentucky since Kentucky first received one back in 1988. And what that is, is under the individuals with disabilities education act, which is the federal law that calls for IEPs in school. Under that same law, there calls for there to be a PTI, or parent training and information center within each state. And our job and the work that we do is to help the families and professionals to be able to advocate, access resources and information. Just, a couple of housekeeping things before we dive right into everything. You will see that there is a handout section in your menu bar where this PowerPoint, along with the guidance documents that we’ll be referring to here are also there. If you don’t have a moment to download it or you don’t see them on because I know some people have had trouble with the menu. It might not show it, not to worry. We will always follow up tomorrow with you with the email that has the link for all the handouts. It’ll also have the certificates for attending the webinar along with a link to the survey in case you don’t have a moment to fill it out right after the webinar ends.

[00:01:56] So also too Stella Beard with Kentucky SPIN is on here, helping me out .and keeping me under control, she has her hands full. [chuckles] And she’s going to be checking and we will stop periodically throughout to see if there are any questions. And then again at the end to do questions. And just keep in mind if we happen to not see it, because I’m not the best at seeing some of the things on there, is you can always follow up with us afterwards where we can help you. And there may be too many questions to get to. So, and we can always kind of go from there. So we’re not just here to do the webinar, we’re here to help and support and answer questions that you may have.

[00:02:41] Just a little bit about us. We don’t act as attorneys and we do not represent families. What we do though, is through peer support. Families, helping families, so that you are able to advocate on behalf of your child to be able to not only access resources, but understand the different laws and how to go about that.

[00:03:06] We are, I’ll tell you a little bit about myself. All of us at Kentucky SPIN, All of our staff are parents or family members and or persons with disabilities themselves helping one another. My twin sister had a severe learning disability and as adult with diagnosed bipolar, she’s our angel in heaven now. And then my middle brother that doesn’t have a twin, he has cerebral palsy and uses the power chair and has vision difficulties. And then the youngest of the twins, my mom had two sets [chuckles] , and my brother, Ryan, has ADHD and all had IEPs through school and are smarter than I could wish to be. And I am unofficially, not diagnosed by a doctor, OCD, but mom will tell you that she doesn’t need a doctor for us to know that I definitely am. So, you know, we’re all here to help one another. If we don’t know the answers we will work to try to find them for you.

[00:04:11] So all of this and with COVID, we know that everything is changing, it seems many days on an hourly basis. So really the partnership and the working together has always been something that we have really supported from the very beginning of Kentucky SPIN. Because we know the more we work together, the better it’s going to be for our children. And, you know, COVID has brought about a lot of things that we’ve had to really look outside of the box. Our lives, normally we work outside of the box, but especially now, really having to look at how do we still receive and get what we know that our children need, while we’re all living through this pandemic that no system was prepared to handle much less our lives.

[00:05:06] So, what we’re going to do is we’re going to go down through a couple of the beginning slides. if you will had joined us from previous update, you’ll remember seeing these, but I wanted us to go over that before we dive deep into the specific guidance that was issued. And I’m so very thrilled, that it was, through the Kentucky Department of Education, specifically for children with disabilities. So the federal law I’d mentioned it a little but ago individuals with Disabilities Education Act, IDEA, calls for IEPs in school.

[00:05:40] The other part of it, that law also, is what calls for First Steps. Part B of IDEA is the school system with the IEPs in school. Part C of that is First Step, which is our birth to three. Just sort of a side note there it’s all under the same federal law. And you have section 504 and Title 2 of the Americans with disabilities act. And then you have your state law, your state regulations. The key thing here, none of these laws, put into place what you should do in a pandemic. Because none of us have ever experienced this before. So there is no guidance that was already in place of what you do when this occurs. So that’s important to keep in mind as we go through things.

[00:06:38] Now, again, through the US Department of Education and the Kentucky Department of Education, they have issued different guidance. And here is where it’s specifically stated through the US Department of Education, that they did not, that the laws did not directly answer what you do in the situation here. And that’s important to know because there was no roadmap for any of us. But I wanted to make sure that I put up here because I’m very big on, I think it’s a very important, you don’t need to know what Rhonda says it says, you need to be able to know exactly what comes from the guidance, what the law says what the guidance from the US and the Kentucky Department of Education states. And so that’s why you’re going to see on a lot of these slides there’s a lot inflammation and what it is, is the exact wording from the guidance. but we’re going to step through it to try to help it make sense and fit together because it can get very confusing. And you also have to keep in mind too there isn’t just one piece of guidance. All of this comes from a variety of different things that all play a part in it. And that has been issued since we’ve all been living through this.

[00:08:08] So a lot of things we get questions, but I think it was important to make sure that when we stated again in here, that when this guidance is issued, it is not just the US Department of Education or the Kentucky Department of Education, just taking the word of the people that work within those Departments of Education. It is getting input from local schools, from the US department, it gets it from the different States, Local school districts, parents, families, teachers. All of this input, which I think is very critical because we all have a different lens, is what is taken into with the guidance that’s issued to try to help everyone as we go through this and live this together.

[00:08:57] I wanted to make sure too, that in part of the initial guidance a letter to parents that came from the Kentucky Department of Education back in March, that feels like forever ago, but it is important to bring that up again, that each student’s ARC or IEP team will determine whether the student requires compensatory education to make up any skills that they may not have received because of the pandemic. Any missed IEP services. So I wanted to make sure I brought that up because that was critical, that addressed that each IEP team and ARC team is going to need to look at that and not all may qualify, but this is going to kind of help it make sense because the recent, on July 20th, the three main guidance documents we’re going to talk about today were specific. And one of those does address compensatory education, which we’re going to dig deeper into in just a little bit.

[00:10:06] But I did want to make sure when we’re talking about this and with the non-traditional instruction program if school is closed and one thing here too, if schools close for everybody, there doesn’t have to be IEP. So if everything is shut down for all students and it’s not in session, then there is no requirement to provide the IEP services. But if school is open for children, regardless if it is in-person or through non-traditional instruction, right, then you have to still provide the IEP services and the individualized education program for children who have disabilities. We’re going to dig a little deeper into that because that’s critical to know, those things have to be provided. Now they’ve had to take a different look and be adapted based on what we’re in right now. But it’s important because at the end of the school year, we all were on the non-traditional instruction in all of the districts. So it may have looked a little different, but really working to make sure that the children got the education. Even if it had to be adapted and there may be some services they weren’t able to get, which then brings us to the compensatory education because it had to be in-person.

[00:11:36] So we’re going to talk about that a little more in a moment. It did state also too that really looking at, and through the US Department of Education early on in March, looking at how do we use technology? How do we use an alternate mean, to be able to provide this and be able to work together? Whether it be through, you know, the online learning, facetime, really working with the teachers and working with parents to come up with how do we provide these services? And is it, how do we also not only provide it, but track how our children are doing? And be able to know where they’re at? and that’s going to be key too in deciding what they’re going to need when they go back.

[00:12:31] The Kentucky Department of Education has been issuing tons of guidance. And I do want to just note that on our website, we do have a COVID page and that critical guidance we had been keeping updated. So on that you will see that the things that have been issued, is that really looking at, and I think it’s a wonderful thing that we’re really looking at, we’ve got to first, when kids go back, regardless if they have a disability or not, where are they at? Because we know things were very different for months ending. So we’re going to have to know when they come back, what level are they at? What is the knowledge and skills? So really evaluating that, and knowing exactly what they may need and interventions. And that’s going to have to take place for all students, but especially that’s going to be critical for children who have disabilities, because just like when we write an IEP the present levels, we got to know where children are currently at, to see what’s going to be needed to get them to where they need to be.

[00:13:50] Now in the initial guidance and these again are some of the early on things, and this was back in June. There can be, when districts go back, because here’s the important thing I want to make sure that I say, is that the districts it could vary within the school districts in Kentucky, how it’s going to look like when they go back, right. KDE issued some guidance on alternative learning strategies of reopening. Looking at, so that we’re planning ahead, what could it look like? Are we going to do scheduled rotation strategy one? Are we going to use strategy two, three or four? And some could be a combination of all of it.

[00:14:35] What’s going to be critical is knowing what your district is deciding is the option of going back to school. Many, you’ll be seeing there is an option for families. Do they want the in-person or do they want the children to go back online? Some of them may not offer those options. It’s going to be critical for you to know what are going to be the options that your district is offering. Again, though, when we talk about that, we’ve got to keep them on too things can change daily, as we know very well, living through this pandemic. A perfect example would be my son’s school district. We were supposed to go back to school this week. Then they bumped it to the second week. Then it got bumped again to the third week in August. And as of now, from what I’m aware of is, and what the governor had stated that he asked that all districts, bump back to the third week in August, of not going back to school till then. And when I say back to school, it could have looked very different ways. It doesn’t necessarily mean back to school, everybody back in the classroom, right. So whatever they were planning as their way to go back.

[00:15:55] Now, it may end up looking very, here’s the hard thing about it, and which we all know living through this, we’re making all of these plans, we have no idea what the situation is going to look like this time next week, much less the third week in August. So we’ve got these plans, it’s important to know that, okay, So right now we know that most are not going to go back until, that none of us are going to start until the third week of August, as of right now, unless you have also received something different from your district where they bumped it back even further, that could be very likely.

[00:16:42] But what we’ve got to do is we’ve got to make sure that we know what are the options being offered. Because if it’s an option being offered, if there’s a disability or not involved, if there’s an option being offered, cause I get this question, for you to choose that your child will go back into the school, And when they also say that, though, if you’ll look here on the pictures where it says, you know, it might be live in school. If you’re in group A, on Monday and Wednesday, it could be then on Tuesday and Thursdays you’re doing it online, but knowing which they’re looking at. If you have the choices of some can go back, it could be on an alternate, like a combination, rotating schedule. Or some may offer the option where you could strictly just do the online, if you don’t feel comfortable for your child going back to school. Or even on top of that, and especially that we’re going to talk about a little more in a minute is, for some children with disabilities, it is not safe. And that is an individual decision too, that needs to be made. But if the options are available for all students, that means students with disabilities’ parents have the choices as well.

[00:18:04] The question and I get though is, is that going to affect their education? So, if all kids are given the option, then what that means is, no matter which option you choose, your child would still have their IEP in place and their program would go by that. Now it’s going to have to be altered based on if there are certain things that have been in-person how to achieve that if you choose for your child, not to physically go back school. But regardless of which one you choose, that doesn’t mean you’re choosing to or to not get the services under your child’s IEP. And I want to make sure that that was very clear because I’ve had that question brought up. Your child would have an IEP and their program in place, whichever one that you would choose. So that’s just critical. And I want to make sure I explained that because I have got that question quite a bit.

[00:19:01] Let me pause here just for a moment to see if there’s any questions.

[00:19:08]Stella:  Rhonda, I don’t see any questions right now. I am, hang on one second. I am, I wrote in the chat that just to make sure that people know they can ask questions and to put those in the question box and you would pause throughout.

[00:19:24]Rhonda:  Thank you so much. I told y’all she keeps me straight, because I do think, I totally forgot to tell you, you could type in questions. [chuckles] It’s a good thing we got Stella. I’ll tell you what she is amazing. So now we’re going to dig into the specific guidance related to special education that was issued on July 20th, which is really key here. And the thing in this, because the guidance is issued, is not only questions but they, you know, there are parts of them where there is Q and A, but it’s really looking at things that we’ve got to look at and a lot of questions that we’ve been getting from families. A lot of questions us as families have wanted to know. Okay what’s this going to look like for our kids? So that’s what we’re going to dig into now.

[00:20:18] The first one that was to go through, was the reopening consideration for exceptional learners and preschool students. And we’re going to concentrate on the exceptional learners part. Now because a lot of times, because there is supposed to be this social distancing, right, and for some of our children who have disabilities, that is going to be very hard. And really how we go about that so that we can ensure that. Not only hard for them to be able to do, but there are different assistance, which we’re going to talk about more here in just a moment that they may need, that does not allow you to have that social distancing.

[00:21:03] I was also very pleased to see and I have been so overwhelmed and thrilled with when the guidance has been issued through the Kentucky Department of Education, our children have been taken into account. And throughout whether it be the specific guidance or disability it has through all the guidance had questions and information that we all need to be looking at So we don’t forget about what might need to take place. And what we need to be thinking about for children with disabilities going back.

[00:21:41] So also too looking at because of the social distancing students who are blind or visually impaired, this would have been, which were all quite a bit older now, this would have been something my brother Grant, because he’s technically legally blind, but he does have some vision that he sees. But looking at adding the Braille, but not just that, is do they have access to it? Are you putting it, if it you’re having to have Braille or adding it on, you’ve got to make sure they know where it’s at. And that they know how to read Braille, cause like for Grant, even though Grant is legally blind, because of his physical disability, Braille was never appropriate.

[00:22:25] So, you know, there isn’t just like all of us, there’s not one key thing that you just think of, if it’s a child who’s blind because everybody’s different. Right. So you’ve got to look at, okay, yeah, you might need to be adding some Braille, but then also too, and the Braille that would be there may not be typically would have been, it may be some stuff related to social distancing. Where are the, you know, if you have the marks on say the hallway, right. You know, when you’ve gone into the store and I’ve seen some of the guidance having it marked off in the classroom, in the school building, the squares. When you go to the store, you’ll see the arrows and the marks, that kind of help you to know the six feet apart.

[00:23:12] Well a child’s not going to know that if they’re blind, unless you also where that mark is put where there is Braille, but not only do you put it, you actually walk the children through it so they know where it’s at. But then outside of that, you’ve got to think of children who maybe don’t use the Braille, then how are we going to make sure that they know? And I know I’ve spent a lot of time on this about the plight of the visually impaired, but this is just one example of how we have to take into consideration different disabilities and how that we work and make sure that they are accommodated and have equal access.

[00:23:54] And knowing that if the deaf or blind may need, especially students who may be both, may need reminders. All of our children are going to need reminders. We’re going to need reminders because it, you know, we’re used to, we’ve become a little more accustomed to it now that we’ve been in it for several months, but many of us have been, you know, the isolation and at home and everybody is starting to get back, so we also need those reminders in place.

[00:24:26] Critical things that were mentioned in this too. And these again are the exact words from there, because some of our children who have disabilities have to have one on one assistance, whether it be for personal hygiene, they may need help going to the bathroom.

[00:24:46] Some students may need, that you know feeding help, and there may have to be restraint used. So what was addressed in this is that we’ve got to make sure though that everyone who is using the PPE, the personal protective equipment, making sure everyone has access to that, staff and the key here is that the services are still provided.

[00:25:18] If your child requires that, and it’s in their IEP, that they have to have that type of help, then it has still has to be provided even though we’re in a pandemic. So, but then too, it went through of making sure that gloves, every precaution could take place. And the reason I want to spend some time on this is because, also again, just like knowing your choice of choosing and being able to choose as a parent, from the options that your district offers you, that if you decide for your child to go back, then they still will receive those services and that assistance, regardless of if it’s a pandemic or not, because our students do not stop needing those personal care things. Those were things already put into place that helps them to be functionally successful and able to function and be educationally successful and what was appropriate for them. But we’ve also too then got to make sure that the things are in place to protect everybody involved.

[00:26:35] Now they again offered some suggestions of things that could be done and different personal protective equipment that could be used. Again, the reason I want to make sure that we’ve went over this some is so that everybody is sort of on the same page that it is, yes, we may have to have more of this personal protective equipment, but we are still receiving the services and the assistance that our children need. And that is in their IEP for them to receive.

[00:27:10] Now one of the things too is also looking at there may be different situations and they also you’ll see at the bottom here, recommended the schools to contact if there’s any additional requirements or things, especially case by case basis, they may want to check with their local health department to see what would be a safety thing not only for staff, but for students, right. Because we’re wanting to keep our children and the staff and everybody safe as we are going back.

[00:27:47] Another thing too that they brought up, is the special transportation. So if it’s in your child’s IEP, under related services for the specialized transportation, if the children are going back, they still would receive that, right. Now what would be key to look at is, and some key factors that I was important that they stated, is that it is okay for parents, the reimbursement, it would need prior approval from the district. But that’s always been a part of the IEP or 504 plan that if there was to be the specialized transportation that if the parent has to provide it, that they would be reimbursed. And that is something that is allowable and was in this guidance, especially if it is that funds can be used for and on the last one that if schools must ensure that any parent providing transportation for a student with a disability has met all district requirements and align with district reimbursement. So the thing is, is especially, if you opt in the one prior to that, that you opt to transport your child to school, you could be reimbursed.

[00:29:07] Now this would all need to be decided ahead of time and talk with the district, and everything. But the districts are having to, they’re rolling out things where they’re going to be going back to in-person, whether that beyond alternative days, a mixture, all of that, is that they’re having to not only adapt the school, but their transportation. And that’s one of the reasons too you’ll remember back, One of the options was to where again, remember group A, group B, because, so there are so many students and because of trying to keep the social distancing, not just in the school. One of the options may be doing that because of transporting the children to the school too. So again, you just keep in mind here, if under related services, special transportation is a related service for your child, they will still be entitled to that.

[00:30:07] Now. One thing too, that was on here was about, the instructional setting. Especially for our children who are transition age and there’s some community based instruction, looking at maybe some virtual opportunities as a temporary alternative. Again, not going in and really changing the child’s IEP, right. Because that’s not what is appropriate, they still need those things. And keep that in mind too, as we talk about some other areas here, and examples here in just a moment, is that we’re not changing the children’s IEP, because those are still, and as long as it gives a true picture of the child where they’re at, what they need. It’s not we go in and change it to fit the pandemic. Right. That’s not what any of this is about.

[00:31:05] What it is, is how do we offer it in an alternative means if they’re not in-person or we’re not this example able to be in the community, getting that community based instruction, that e helps them transition to adulthood. What are the alternatives that we can do to meet that to the best extent, when we’re not able to take them out into the community? Because even when the children go back, if they go back on alternating days, however it is, they may not be able to completely go back to the fully community based instruction where they may go out, and actually get that hands on experience of going to a store, budgeting, different things like that. But how do we offer it in alternative method, to the best extent possible. And then look at once you’re able to maybe looking at adding some other things that they were not able to get then, once everything gets back to where they can be in the community.

[00:32:14] So this is another key thing that was listed in here, which is very important. It’s very important to me, but very important to all of us for our children, is in the law IDEA and with 504 and ADA least restricted environment, FAPE, free appropriate public education within IDEA about the least restricted environment, meaning the key purpose and in the law it states that all children should be educated with their non-disabled peers, to the maximum extent possible. So, what this means is that they should start in the regular classroom. If that’s not what’s appropriate for them, look at the alternatives outside of that, then bring in the thing. When we go back, so there may be some smaller number of children in the classroom. Here’s the thing is, and I underlined it because this is critical, practices such as placing all students with disabilities in the same classroom in response to the pandemic may result in denial of FAPE, free appropriate public education. That is not going to be a, having all children come back and it’s all children with disabilities in the same classroom because of FAPE or the services they need is not appropriate and should not take place.

[00:33:43] What should take places, even if you have to go into a smaller group, all children who have disabilities should be with their non-disabled peers to the maximum extent possible. None of that changed in the law. We’re just having to adapt that to the pandemic where we may have to be into a smaller amount, but I think it’s very critical that we make sure that it, that we talk about, and I was so very happy that it was in there that, that is not putting all children because they have a disability and may need different things, with a lot of assistance, whether it be staffing, into one classroom is not meeting their individual needs and it’s not a free appropriate public education for them in the least restricted environment.

[00:34:33] So, I just think it’s very important that we spend time on that because it’s not to be based on because they have a disability, they go over here, right? That’s not what’s appropriate. Decisions need to be made on what’s best for the individual child, regardless of the disability category, what assistance they need within their IEP.

[00:34:53] Now, again, they’re going to be in smaller classes when they go back, but it should not be just based on these are children who have disability in this class. And then these are children who don’t have disabilities. It should be a mixture of the small group of classes with a mixture of all students, right.

[00:35:12] So let me see on here, if, and there was one, I just want to go back. So, one thing here before I was getting ready to go on, and we talked about this early on in several of the webinars that we did, because a lot of times, [coughs] excuse me, there were questions of, well, if they’re on the nontraditional instruction, like the remote learning, the online at home, that is not a placement change. The placement did not change the location changed and it didn’t change because they have a disability. It was due to the pandemic. Even if you choose for your child to be on the non-traditional instruction, if you have the option for your district to choose that, it is not a change of placement. So the IEP, there doesn’t need to be a change of placement in the IEP. it is just a change of location and all of us are going through that. And we may, we can’t tell what it’s going to be the third week yet of August. So, making sure that everybody knows that being on the non-traditional instruction it’s not a change of placement. It’s a change of location because, because everybody is having to do that, right. It’s not based on because of their disability. That is a means that all children are accessing or have the option to access if you have the right. So, in your district, then that is a change of location.

[00:36:49] Now, this is another big question that we get. And I know that we are getting close on time. There’s so much to cover. So we may do this in several parts, but wearing the face mask is that’s one question we get, because regardless if it’s a physical disability, and we want to make sure that it’s stated here. That, a lot of children with disabilities are going to be able to wear the face mask. There are some that are not going to be able to, and that’s been a huge concern for many families and rightfully so. For certain, and the thing here, I want to point out here is it that’s from CDC, the center for disease control, the guidance it issued, in some situations wearing a cloth face covering may exacerbate a physical or mental health condition leading to a medical emergency or introduce significant safety concerns in those situations where it’s not feasible, then it is possible that they will not have to wear the face mask. And what we’re going to do is talk about a little bit about that.

[00:38:01] But first one thing I want to point out here is there’s alternative. Especially if you’re talking about a child who is deaf or hard of hearing, and they do lip reading, there are clear masks that the teachers or people communicate can wear, so again, we’re looking at the alternatives of what they can do.

[00:38:20] Some know with sensory concerns it would be very challenging. And one of the things too that they stated was to consult with a healthcare provider, in the guidance issued it also stated that, and one thing I want to kind of skip to here was in the question and answers area. And again, you’ll have all of this and the guidance stuff in the handout and in the follow up email/ But here’s the critical thing there can be a waiver of the facemask requirements within the school. If a doctor writes a statement and it could be for a medical, for a physical disability or mental, if a doctor writes a statement, and from your child’s medical team, that they cannot wear the face mask, it can be waived. And also too, it’s stated, notes from a physician’s assistant or nurse practitioners should also be accepted.

[00:39:25] Those notes can automatically qualify you for the waiver of wearing the face mask. Or it also identified in KDE’s guidance in the Q and A section that if there’s not a statement , have an ARC meeting, the IEP meeting, which the parent you were a critical, important, equal member of, and look at it and to discuss the information and determine if it’s appropriate and going to work for your child. If a waiver is approved by the ARC, so an ARC team can approve a waiver, then it would go into place automatically. In both cases, you’ve got to make sure that the students, teachers, and everybody working with the child is notified of that waiver so that everybody knows that they do not have to wear one.

[00:40:17] So, but I’ve been getting that question a lot. And I know many of our other staff have as well. It can take place without even having, getting that waiver without having the ARC meaning, if there’s a doctor’s note or the doctors physician’s assistant, nurse practitioner, or if you have an IEP meeting and decide. Again, it’s coming together to make the appropriate decisions based on each individual child.

[00:40:43] Also too, and we won’t spend a lot of time on this, but it does state in there and give guidance that districts can use some of the funds to get personal protective equipment actually for the student with the disability, if that is what’s needed. Because again, remember when we talked about the staff needed to be provided with it, there may be situations and different things that the student has to be provided with too, and you can do that.

[00:41:12] If they have a speech or language impairment, they wanted to know if, can the therapy be provided with safety measures in place? And yes, as long as when you’re holding the in-person, you are keeping in account, again, all of this, then you have to adapt to as much as possible for them to reach their services and get the assistance they need to do it, you may just have to be doing through an alternate thing. If it’s in-person, you know, they may have that space in between. If it is the nontraditional instruction, virtual. So can they through facetime, video conferencing, be able to receive those different therapies? And again, they can have the group therapy, you know, if they’re in-person, but you’re going to have to have it where probably the children are separated more. You’re going to have to have, and make sure and ensure that the personal protective equipment is being used.

[00:42:22] So. Let’s pause here, just a moment to see if there’s any questions.

[00:42:30]Stella:  Rhonda, there was a comment and someone said, thank you, Rhonda, for the info about IEP services still in place for children, regardless of strategy parents pick. So I thought that was a really good remark. And then there was a question about a parent whose daughter had an IEP in preschool, but then it was converted to a service plan. They chose to wait a year before [inaudible] transitioning her to kindergarten. She had been in a private school during that time, and she’s now moving to kindergarten and that she had been told that they could not convert back to an IEP at this time, due to assessments necessary at the three year mark. I did tell her that we would reach out to her personally, but I didn’t know if you wanted to touch on that just a little.

[00:43:26]Rhonda:  Yes. And what we’ll do is follow up, because that is a great question but what we’ll do is follow up with that after, because if I’m understanding right before the child turns three, in the transition into the preschool, because there may be some other details there and with the evaluation, especially when you throw in that it was a private school, so there are some different scenarios, but we will follow up. And anyone who has questions related like that, that’s a wonderful question, please let us know. And again, just like everything else, each child is different and there’s different situations and scenarios, and we can run through those with you all and help you one on one. So that is a great example of one of the ways that we also can help you as a family or professional, is stepping through those different processes and depending upon your individual situation, and what’s going on helping you to know the best information and to advocate for your child.

[00:44:36] Again, a lot of this, because we’ve got so much more here that we’re going to be going into a lot of this, I want to make sure that I get into, because we are so very close on time, that you’re going to have this. But again, it’s talking about therapists, everybody keeping to where they are still offering the services in the way that they’re able to. And again, the co-teaching, where children may be with a resource teacher, special education teacher may be for several subjects and go out to, but the co-teaching, so that should feel the taking place of the co-teaching, where you would have your regular education and your special education teacher working together.

[00:45:26] But again looking at, cause we’ve got to make sure that we’re still offering the FAPE, free appropriate public education for students with IEPs, we may have to alter it a little, but again, that brings us back to the least restricted environment. And that everyone has access to, to the maximum extent, least restricted the regular education setting and looking at how we still meet the needs of all of our students, but adapting it based on the pandemic and what’s being required by everyone.

[00:46:03] This is another thing that was identified under the contingency plan, because it was stated through, US Department of Education early on, I believe this was in March, that they did this questions and answers providing services to children with disabilities during coronavirus, the distance learning plans, you know, it may be in some cases you may need to have a contingency plan information provisions for the special education and related services of how you’re going to achieve that through the alternate means. So you may come up with, as parents working with the school, have an IEP meeting to come up with a contingency plan. How are we going to do this? What’s our game plan? Again, now we’re going to be starting back up to school, it may be very beneficial for us to have this contingency plan because especially looking at what it’s going to look like for each of our children going back. And if it looks like this, this is what we’re going to do.

[00:47:11] So planning as much as you can by staff and parents and that communication of if they are on just the NTI or if it’s a mixture, how we do that and how we adapt that so that they still receive their services. Now, a lot of, I’m going to skip through, because I want to get us to, if you all don’t mind. I want to get us to a couple of things here, which is very important, because in the guidance about the compensatory education, this is where it was addressed. And we get a lot of questions about that. And what, compensatory education was not in IDEA or the Kentucky administrative regulations. It came out from the court cases and through the court. It was shaped by case law. So, and why everybody thinks of it as a negative is because it was out of case law. And it’s not necessarily a negative, especially when we’re talking about that in relation to a pandemic.

[00:48:23] I don’t think any of us would have ever imagined that we would be looking at it compensatory education for a ton of children. But what it is, and I’m going to tell you in plain Rhonda language this is how to look at things because people are getting confused, compensatory education, and extended school year services. Compensatory education, think of it this way is, what you should have got, what you would have got, right. Or should have learned. So, but then also think, and I’m not saying it because they didn’t want to, they could not provide it because of the pandemic. But compensatory education is what you could have got.

[00:49:11] When we talk about ESY is we’re talking about what you’ve gotten, you don’t want to lose, right. So we’re talking about skills and knowledge and information, compensatory education. So you’ve got to keep them separate. And you can also qualify for compensatory education and ESY. These are two different things that need to be decided by the ARC team in two separate conversations of where it is. But in mind, compensatory education is what you should have got, ESY is what you’ve got and what we don’t want to lose. Right. So when, and again, that’s plain Rhonda language.

[00:49:57] Now I’m going to show you in the actual guidance documents, what it says. So the thing about it is, is typically prior to the pandemic, a lot of times when you would hear compensatory education it’s because it was used as sort of the dispute resolution and it was court cases, it went to court. All of that. Here’s the thing is we don’t want none of this to go to court, right. Nobody does, parents don’t, teachers don’t, nobody does. And what the guidance talks of, and is talking about here is compensatory education can be decided by the ARC team, right, as a remedy for failure to providing FAPE. But the failure to provide the FAPE with not a school districts fault. And that’s where you’ll see in there, that districts and schools were getting upset because it’s always thought as, when people hear compensatory education, as a negative. Like they intentionally did it, they didn’t. We’re living through a pandemic and regardless of what you want to call it, the school decision may be calling it something different. It is compensatory education and what it is, is the aim to place children with disabilities in the same position, they would have occupied, but for their school districts violation of IDEA, which stated in the Reid vs. District of Columbia. So these are different court cases that came out and stated and put into record what the compensatory education was.

[00:51:35] So, what that means is, is again, it is not based on, you know that they intentionally did not do it. Right. So what we need to decide is as an ARC team, and what’s going to be critical, and there’s going to be a chart here that I show you that explains a little more too, is that not all children with disabilities who have IEPs are going to need or get compensatory education. It’s decided on a case by case basis. Every child is different. So what I would suggest is start thinking of as a parent, as a professional, what are things that you know that your child was not able to get, or the extent that they may have got a little, but it had to be adapted, so based on the pandemic that they did not get the full thing.

[00:52:27] So we need to look at what that is. Now, when we say compensatory education, I’m not saying necessarily a check handed over, what we’re looking at here is that these things, then working together with the IEP team, is that it is going to be a plan that is developed so that then we can deliver this compensatory education too, and our children get them, right. So that’s going to be in addition to their normal education that they would get. But what’s going to be critical, is everybody working together. So you’re going look and data, different things that you need know that your child has not been able to access, or to do, based on the pandemic. Again, this is where they would have been if they got these services. Remember that with compensatory education.

[00:53:22] Now with extended school year, and again I love how KDE because, not just us, but other people are hearing the same thing, compensatory education and ESY services are getting very confused.

[00:53:37] ESY is defined in the Kentucky administrative regulations, specially designed instruction and related services that are provided to a student with a disability beyond the normal school year in accordance with the IEP at no cost to the parents. So what had happened is that it was developed because we know all children regress some, right, regardless if they have a disability or not. But for some students who have disabilities, their regression would be so great that they wouldn’t be able to recoup it, right. So extended school year services may be appropriate for a child and in place so that they do not regress. Again the tendency to regress, prior regression, ability to recoup lost skill, progress towards educational goals. Right, keep in mind too, because even prior to this, we always got the question too, ESY is not to teach children a new skill. It is so that they maintain the skills and their work towards their educational goals of where they’re at right now.

[00:54:54] So it is possible that your child, may need both of those, but again, this needs to be determined on an individual basis. Now I love how they put in, and I don’t know if it’s my vision, but I think that when you click into these and just as a side note too, if you see my curser up there, all of these that are in blue, that’ll be in your PDF version of this, you can click on those. It takes you right to that guidance document. And that is the same throughout this presentation. This chat and the another one there, which was directly in there. And I love that it starts with what it’s not. Because it’s important to know what it’s not compensatory education and ESY services as much as what it is. It’s not a competition for personal injury, means from childcare services, you know, a continuation of the IEP.

[00:55:51] And then looking at ESY, again, it’s not based on a specific category of disability. It’s any category of disability can qualify for ESY services. It depends on if that’s what is appropriate and what’s needed for the individual child, right. We always want to keep in mind a category shouldn’t dictate what an IEP is, ESY, compensatory education, any of this stuff, because it’s the individual needs. Again there too, it shouldn’t be used for childcare reasons, so that the childcare is covered for the child. This is so that they maintain what they have and the skills and do not have the huge regression.

[00:56:38] So how can the services be provided? So compensatory education, they give the example before or after regular school hours. It may be an assistance in the form of tutoring provided by school staff, a contract service provider, a whole variety of needs. If ESY provided, but also provided before or after school. It may happen during breaks, Like if there’s a spring break or summer breaks, it could happen any of those different times.

[00:57:06] And again, it’s designed to increase the recoupment so that they don’t have such a wide, or a huge recoupment area and the retention of the skills that they already have. So students eligible, again, it any of the students can be eligible, it’s going to depend on what’s appropriate for each child and what’s needed. So several of the things here too, and I won’t read through each one of them, but I want to make sure that we do go over, how is the services determined, right? So you know that this is going to be important, that it is the whole IEP team with the parent and the student where appropriate, especially when they are transition days, to be involved.

[00:57:55] It could be done through permanent calculation. It could be, so analyzing and reviewing data. How did they do? Looking at how they did at the end of the school year. Did they have access and get that, what was missed that they weren’t able to get? You’ll be able to see that documented because what was provided versus what was supposed to be provided. Then when you’re looking at the ESY, looking at the case by case reviewing and analyzing, it could be quantitative and qualitative data.

[00:58:33] So it can come from a variety of means. A perfect example and then you can think of, you know, if it was a therapy that wasn’t able to be provided, then you’re going to know how many minutes a child should have got, whether it be per week, biweekly. And if they weren’t able to get it, you’re going to know the exact amount that they missed out from.

[00:58:57] It’s going to be critical, looking at the data, prior to when COVID hit, their educational data, when COVID hit, and then where they’re at now. Especially when school goes back, because remember the critical thing is when it goes back, we’re going to have to see regardless if they have disability or not, where they’re at. Those would be some key things that are going to tell you where they’re at. Have they, you know, ESY, have they lost services or not lost services, but if they have lost skills that they have had prior to going into it, prior to the school year ending.

[00:59:44] And then compensatory education, looking at what was it that they were supposed to get? And it may not be that it’s just plain, and most of it’s not going to be just plain black and white, they did get this, they didn’t get this. Because a lot of it was on an adaptive thing. So they may not have got it to a certain extent. So that then is gonna be in the IEP team is going to have to look very closely from they got it to this extent, this would have been the full extent, what is that area gap in between so that we know, and that is likely to be part of your compensatory education.

[01:00:22] I hope that kind of makes sense, I’m a visual person. So I have to picture things in that manner. I know we’re getting, oh we are at time. So I do value you all, we make a one a little bit over, just to go over a couple of things here, but we will have this available if you do have to leave us, recorded in, we’ll be on our YouTube once we have a closed caption and on our website.

[01:00:47] So things to remember with the compensatory education, that again, it is designed to put the student in the place he or she would have been had they not been denied the FAPE and again, not against the school district school or teachers, the pandemic prevented a great deal of things from happening to the extent they would have. But what’s critical is we’re going to look at what would have been done, and what was that gap between what was provided and what would have been provided to decide what that compensatory reeducation is. And the district assumes all costs of providing the compensatory education. It is not that is the parents’ responsibility to pay for that.

[01:01:36] And there are special things that come through the CARES Act funding for the gears and the Esser funds, that could be specifically used for this and in previous guidance, which I have links on the next slide, where you can access that to look at that, they can use those funds to provide that. Really looking at maintaining the documentation of where you’re at, when the children are gonna receive it. And again, to the extent and making it again, cause we have, we’re going to be going back and things are probably not going to be back to normal, I mean, for a while for us.

[01:02:17] So really we got to look at these things, but then make sure also that we document whatever at the end of the year, once we hit COVID. But then also too, once we start back up, if we’re not starting back up and they’re able to get those to the full extent, then you’re talking about more that you may need to be looking at there.

[01:02:35] The ESY, the instruction and support that they may need to acquire and learn skills. So if they’ve lost different things. So, again, keep in mind, the ESY is you’ve lost what you had, the compensatory education is what you did not have yet, but you would have had access to had not the other occurred. And again, this is in all of it, one size doesn’t fit all. Not all children are going to need them, but it is going to be critical that for your child to look at each. And one of the things, which I know we’re over time, I want to take a few moments if you need for questions, but there is a specific question and answer, which is a part of this that says, can you get both. Yes, because these are two separate things that need to be decided and looked at based on each individual child who has a disability.

[01:03:36] If you need to look and ask the question is compensatory education needed for your child? and is ESY needed for your child? Those are two separate things. They can get both of them, If it’s appropriate, needed. Not all children are going to need both or one or all of it. So really looking at those things.

[01:03:57] I want to take a moment though to end here, and again, as you go through this and look at the PowerPoint, if there are any questions, because there’s so much, and there’s more information coming out all the time. I wanted to take a moment to see if there’s any questions Stella that may need answered?

[01:04:17]Stella:  I don’t see any right now, Rhonda, but like I said, we can follow up with anyone after the webinar. And we will be sure and make sure that we do that.

[01:04:29]Rhonda:  Yes. And please let us know if there’s anything that we could help you with. Again, I wanted to show you real quick, we’ve got resources that are critical, guidance issued from the Kentucky and the US Department of Education on the slides. And again you can click on individual ones and take them directly to that guidance. The other one, I want to point out here real quick before we end the second one down here, I want to point out this spreadsheets will answer a lot of questions you may have. Teachers and staff, district staff submitted more than 250 questions to the Kentucky Department of Education. They have this fat spreadsheet, which is on the Kentucky Department of Education’s website that they are keeping and continually updated that has questions and answers to many of the questions, regardless of if it was a teacher or staff that asked it is. It is questions that many of us families have as well. This is really important you may have some questions that are already answered there within that spreadsheet. But I want to make sure that I pointed that out to you all.

[01:05:38] And please know that if we can help and assist you through this, because I know there is a lot of information, and there’s so much to cover and it’s changing daily. So please know that we greatly appreciate you all for joining us. And if there’s any additional help and guidance. We will be sending out through our e-news information, through Facebook, Twitter, but then also we’ll be scheduling more of the COVID update webinars as we go, and as more guidance becomes available.

[01:06:11] So thank you all so much for joining us. I hope you all stay safe and have a great day. We’ll talk soon. Bye bye.

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