The Illinois State Board of Education has issued
Frequently Asked Questions for Special Education During Remote Learning at https://www.isbe.net/Documents/SPED-FAQ-04-20-20.pdf
Highlights of the Guidance include:
There is
no waiver of IDEA or Section 504 timelines.
- Remote learning days count as “school
days” for purposes of special education timelines that are based on school days.
However, remote learning planning days do not count as school days because
students are not in attendance on planning days. - Timelines based on calendar and business
days remain in effect. - Annual reviews must still be held if
parents agree to hold the meeting remotely by telephone or video conference. - Evaluation timelines remain in place, but
face to face assessments are suspended until school resumes. Rating scales, transition assessments that
can be done remotely, interviews, and any other assessments that do not require
face to face testing, should be completed. - Early Intervention transition timelines
remain in effect, such that an eligible child must have an IEP or continued
IFSP in place, and receive early childhood services, by age 3. Review of records and other assessments that
are not face to face, should be completed. - Due Process and mediation timelines remain
in effect, but the school and parent may agree to extend timelines and a
hearing officer may extend timelines. State Complaint timelines also remain in
effect, but federal guidance allows an extension of time for exceptional
circumstances. - If a student turns 22 years of age during
remote learning, that student ages out of IDEA services. - Schools should hold Manifestation
Determination Reviews remotely as warranted.
There is no waiver of FAPE during Remote
Learning.
- Schools should provide remote learning to
students with disabilities that aligns as much as possible with IEP goals.
Instruction and related services required by the IEP may be completed through
technology platforms and telehealth services. There is flexibility in how
services are provided and schools should find creative ways to provide
occupational therapy, physical therapy, orientation and mobility services,
nursing services, transition services, and all IEP services remotely. Schools should refer to ISBE Recommendations
for Remote Learning. - Schools may temporarily bill Medicaid for
telehealth services and may use outside contractors to provide services as long
as those service providers satisfy Illinois licensure requirements. - Students at nonpublic special education
facilities remain the responsibility of the school district and the district
should collaborate with the private facility to ensure that students in private
facilities are receiving appropriate remote learning and IEP services. - School Districts should also collaborate
with their Special Education Cooperatives to ensure that IEP services and remote
learning are provided. - School districts may make placements at
nonpublic facilities during school closure, as well as make other IEP decisions. - FAPE remote learning requirements apply to
students at private schools who have Individual Service Plans. The requirements
also apply to charter schools. - The IEP team should continue to make
Extended School Year determinations, and these decisions are separate from later
determining if a student with a disability should receive “compensatory” or
modified services as a result of school closure.
Documentation
by School Districts is critical.
- Teachers and related service providers
should carefully document services being provided to students with disabilities,
communications with parents, and attempts to contact parents. - Teachers and related service providers
should continue to progress monitor on IEP goals and objectives. These
professionals should maintain their notes to determine progress on annual goals
and objectives. - Document delivery of FAPE, compliance with
timelines, accommodations provided, and methods of parental participation. - Continue to provide Notices, IEPs and
other documents to parents through email or mail. - Informed written consent remains required.
Schools should gain parental consent for evaluations, release of records,
initial placement in special education, and other required consents, whether
through email, electronic signatures or mail. - Document if a parent does not agree to
hold an IEP meeting remotely. - Document if a parent declines remote
learning for their child. This does not
constitute revocation of IEP services in general. - Continue to document Early childhood
outcomes and Indicator 13 transition requirements.
Please contact one of our attorneys if you
have questions regarding special education during school closure.