Lorene Dillard Advocacy and Consulting
Providing Special Education Advocacy and Consulting to individuals, parents and professionals to ensure all voices are heard.
Due to lack of services and supports or implementation of my students IEP during distance learning, Is my child entitled to compensatory education?
(click on title above for complete TEA information on COVID-19 FAQ: Special Education Emergency Contingency Plan)
During the COVID-19 pandemic, many Local Education Agencies (LEAs) are providing special education services remotely. The Special Education Emergency Contingency Plan form may be used to document the temporary special education services that are feasible and safe to provide to an individual student while a local education agency (LEA) is closed but continuing to provide instruction during the COVID-19 pandemic. While some or all ofthe information recorded in this document may come from the student’s individualized education program (IEP),this form is not intended to serve as, or to replace, the most recent IEP agreed upon by the student’s admission,review, and dismissal (ARD) committee. Without documented parent/guardian agreement under 34 CFR§300.324 to amend the student’s IEP, the form should not be considered a fulfillment of an IDEA requirement.It may be used for documenting services that will be provided so that there is clarity for both parents/guardians and educators during this unique situation and to assist the ARD committee in determining what, if any, compensatory services will be provided to the student once school reopens. LEAs must coordinate with a student’s parents/guardians in the completion of this document, and it must be individualized for each student.
Compensatory services are generally defined as educational services that a student needs to make up for skills lost because an LEA did not provide the services required by the IEP. When it comes to compensatory services needed to make up for services that could not be provided because of the COVID-19 pandemic, the ARD committee’s determination should not be viewed as remedy for a failure on the part of the LEA, but rather as a means to mitigate the impact of the loss of critical skills or learning that might have occurred as a result of special education and related services that could not be provided during the pandemic.
ESY is a separate requirement that must be considered for all students with disabilities. ESY is defined as the special education and related services that are required by the Individuals with Disabilities Education Act (IDEA) that an ARD committee determines a student with a disability will be provided beyond the regular school year as set out in the student’s IEP. ESY services are required only if the ARD committee determines and documents in the IEP that, in one or more critical areas addressed in the current IEP goals and objectives, the student has exhibited, or reasonably may be expected to exhibit, severe or substantial regression that cannot be recouped within a reasonable period of time. In Texas, severe and substantial regression means that the student has been, or will be, unable to maintain one or more acquired critical skills in the absence of ESY services.