Planning To Reopen - Our Schools, DESE Family Fact Sheet, Part 3 of 3

9/29/2020 (Permalink)

The Massachusetts Department of Elementary and Secondary Education (DESE) continues to publish guidance for schools and districts. The following highlights the guidance for schools administrators and districts to use as they work with families to help students with Individualized Education Programs (IEPs) recover as much as possible from the school disruptions that occurred because of COVID-19. To view the documentation in full You can find the guidance here: Mass DESE COVID-19 Resources.

This Fact Sheet summarizes the main points in DESE’s guidance for families. DESE encourages families to keep in touch with your child’s educators and administrators, and to talk about what the new guidance means for you and your child. If you belong to your local Special Education Parent Advisory Council (SEPAC), you can also collaborate with your school and district to plan and put in place policies and practices that will help all students with IEPs, in addition to your own child.

Please note supplemental information can be found on the Department's website at DESE COVID-19 Information and Resources.

NOTE: COVID-19 is highly transmissible. Individuals should follow these universal precautions regardless of the extent of mitigation needed:

1. Follow healthy hygiene practices
2. Stay at home when sick
3. Practice social distancing 
4. Use a cloth face covering (with some exceptions) in community settings when physical distancing cannot be maintained.

The current state of the COVID-19 pandemic is continually evolving. What is true today may not be tomorrow. At this time, the evidence suggests schools have not played a significant role in COVID-19 transmission and that children, particularly younger children, are less likely than adults to be infected with COVID-19.

As always, work with your local health officials to determine a set of strategies appropriate for your community’s situation.

(See our Planning to Reopen series of blogs for more information regarding CDC, EPA, FDA, Mass EEA, Mass DESE, and OSHA safety requirements). To review the administration's reopening guidance from the state click here. To view Governor Baker's full report click here).

Your Child’s Right To Implementation Of Their IEP And A Free And Appropriate Public Education (FAPE)

It is important for you to know that special education laws provide that every student with an IEP must have a Free and Appropriate Public Education (FAPE). The U.S. Department of Education has made clear that students with IEPs must receive FAPE even during the pandemic. However, FAPE may look different because of COVID-19. For example, to protect the health and safety of students and their educators, when schools were closed in the spring your child probably received special education instruction and services by using a computer or phone, instead of being in a classroom.

You Wanted Your School To Conduct Special Needs Testing, But The Process Was Impacted By COVID-19

When school buildings unexpectedly closed because of the pandemic, schools were unable to assess students in person. This was true for students of any age, whether in pre-school or older. Going forward, districts must complete evaluations to determine the need for special education services as soon as possible, and talk with you about how best to meet the timelines for testing and holding IEP meetings so that you know whether your child is eligible, and so that students receive the services they need.

If the evaluation shows that your child is eligible for special education services, the IEP Team will develop an IEP for your child. As you and the other members of the IEP Team discuss your child’s needs during the IEP meeting, one decision you will make together is whether your child will need COVID-19 Compensatory Services because of the delays in testing and holding an IEP meeting. This is true for all students newly eligible for special education services whose eligibility determination was delayed due to the pandemic, including young children referred by Early Intervention.

Your Child Has Moved From One District To Another Or Is Attending A New Charter or Vocational/Technical School

If your child will attend a district, charter school, or vocational technical school in school year 2020-21 that is different from the district or school they attended in Spring 2020, then the new district or school is responsible for convening the IEP Team to decide whether your child needs COVID-19 Compensatory Services and/or New IEP Services. The new district or school might invite a representative from your former district or school to attend, because the former districts will pay for COVID-19 Compensatory Services.

Your Child Attends A Collaborative Or Approved Special Education School

If your child is in an out-of-district placement, the district responsible for your child’s special education program will convene an IEP meeting. The district will work with the collaborative or the approved special education school to make sure the Team has all the information it needs to consider whether your child needs COVID-19 Compensatory Services or New IEP Services.

Your district should include a representative of the collaborative or approved special education school in any planning conversations even if you decide not to convene an IEP meeting and instead discuss your child’s needs with an administrator.

Your Child Is Or Will Be 22 Years Old Between March 17 And December 23, 2020

If your child is turning 22 by December 23^rd or turned 22 when school buildings were closed, you and the other members of the IEP team can work together to make your child’s transition to adult life as smooth as possible. DESE’s guidance indicates that it will be important to convene an IEP meeting, even if your child’s 22^nd birthday has already passed, if:

1. Your child was unable to access services during the unexpected suspension of in-person education.
2. Your child regressed or failed to make effective progress during remote learning.
3. Your child has significant difficulty with transitions and changes in routine, and there is concern that the suspension of in-person education will result in an unduly challenging move to adult agency services if no additional school services are provided.
4. No connections, or minimal attempts at connections, have been made to relevant adult agencies such as the Massachusetts Rehabilitation Commission, the Department of Developmental Services, or the Department of Mental Health.
5. You and your child have been unable to follow through on identified transitional services with adult agencies because of COVID-19, or the adult agency(ies) have been unable to follow through with you because of COVID-19.
6. Your child had been expected to fulfill the requirements for the competency determination by their 22^nd birthday but was unable to do so because in-person education was suspended.

If your child is over age 14, your child will be invited to attend the IEP meeting as well. If they will be receiving services from an adult agency, the district will invite a representative from that agency to attend, too. It’s important that school staff and agency staff communicate and collaborate with you to help your child.

At the meeting, you, your child, and the other IEP Team members will keep your child’s transition needs and plans for adult life in mind when considering whether your child needs COVID-19 Compensatory Services.

Keep in mind that you also have the option to not request an IEP meeting, if you feel that your child’s needs can be met through an informal meeting as described above in this Fact Sheet, or if you feel that your child has already successfully transitioned to adult life and has no more need of school services.

Legal rights

If you are interested in learning more about your and your child’s rights, please see the Parent's Notice of Procedural Safeguards. 

Questions About DESE’s Guidance

For questions related to this Fact Sheet please contact DESE’s

Problem Resolution Office at 781-338-3700 or compliance@doe.mass.edu. 

While the administration continues to work with communities to implement best practices and protocols for reopening our schools we will continue to share with you guidance from the CDC, EPA, FDA, Mass EEA, Mass EEC, Mass DESE, and OSHA and the Governor's office to follow as we prepare for the new school year.

Also, we at SERVPRO of Foxborough know that not every community has access to the resources necessary to meet the strict cleaning guidelines to ensure a safe environment for our children. For those communities, we are here to help!

Certified: SERVPRO Cleaned

The Disaster Remediation Teams at SERVPRO of Foxborough are specialists in cleaning services and we adhere to the highest cleaning and sanitation standards. We are prepared to clean and disinfect your schools, according to protocols set forth by the Centers for Disease Control and Prevention. We have years of experience in dealing with biological contaminants, and we will go beyond the scope of work of "normal daily cleaning". Call SERVPRO of Foxborough today for a free consultation - (508) 533-5305.

All of us here at SERVPRO of Foxborough want you and your loved ones to stay safe and know that we will make it through this together! Rest assured, we will continue to do our best to keep you up-to-date and informed!