The Illinois State Board of Education has issued guidance on complying with special education mandates during school closure due to the coronavirus. Below is a summary of the March 17, 2020 Guidance.
Special
education timelines remain in place, but days the school is closed do not count
as “school days.”
- ISBE
indicates that “Act of God” days do not constitute “school days” under State
or federal law. Therefore, special
education timelines that are based on school days are extended until school
resumes. For example, the school has 60
school days to complete an evaluation.
The Act of God days do not count as part of the 60 school days. A school has 14 school days to respond to a
request for an evaluation. The closure
days do not count towards these 14 school days.
- However,
the Act of God days do count towards special education timelines that
utilize calendar days or business days. For
example, the ten calendar day notice of conference requirement remains in
effect and the Act of God days are counted as calendar days.
- Annual
review dates are not extended. Annual review meetings may be held by video
conference or telephone conference, utilizing platforms such as Google or Zoom,
or by telephone if the parent consents to having the meeting by remote means. IEP
teams are not required to meet in person during closure days.
- There
is no extension of the Early Intervention transition process. However, Early Childhood screenings and in
person assessments must wait until school resumes.
- There
is no extension of mediation, due process or complaint timelines.
Providing
FAPE during the school closure
- If
a school provides educational opportunities to general education students
during the closure, it must provide educational opportunities to special
education students during the closure.
How services are provided are within the District’s discretion; but
should be designed to allow the student to make progress on his or her IEP
goals.
- Districts
may provide related services to students during the closure by teletherapy or
by providing activity packets to students.
ISBE is unable to determine if Medicaid will reimburse for related
services provided in this manner.
- Because
of the break in services and instruction during the closure, some students may
require compensatory services when school resumes. Whether the student requires compensatory
services should be determined by the IEP team, on a case by case basis,
considering regression and recoupment and the student’s individual needs.
- The
educational opportunities and services provided to students during the closure
should be documented by the school, and this will assist in determining whether
a student requires compensatory services.
- If
an evaluation is in process during school closure, the school may complete
components of the evaluation that do not require face to face assessment, such
as completion of rating scales, during the school closure.
If
you have questions regarding special education during the closure, please call
one of our attorneys in Flossmoor at 708-799-6766 or in Oak Brook at
630-928-1200 or email one of our attorneys.