A Parent's Guide to Distance Learning & IEPs

If IEPs were winding off-ramps on the road to education for special needs families, following them now in the time of Distance Learning requires an even better GPS and attention to new road signs.
  
Parents and IDEA: Power in the Law
Individuals with Disabilities Education Act (IDEA 1975) is the federal law that mandates special education services and rights for children with unique needs in the U.S. and their parents. IDEA calls for a Free and Appropriate Education (FAPE) in the Least Restrictive Environment (LRE). In California, we also follow the guidelines set out by the California Department of Education (CDE) and the California Education Code (CEC). The IEP is both a plan and a process to provide a child with resources to address their unique needs at school based on IDEA and the California Education Code.
 
What are your rights as parents of children with special needs?
Under IDEA and the California Education Code, parents have been provided a host of rights (i.e. Procedural Safeguards) including these:

• The right to receive Prior Written Notice (PWN) of services and changes to services;
• The right to consent or refuse consent to services;
• The right to request Compensatory Education (Comp Ed.) if they believe and can document that their child has experienced a significant loss of skills and learning (based on case law only: Supreme Court cases).

 
Distance Learning (DL), IEPs & Compensatory Education Services
During the 2020-21 school year, schools may offer a variety of education options including on-campus learning, Distance Learning (DL) only, or a hybrid of both learning options.
 
Did you know that parent’s right and FAPE currently remain intact during times of Distance Learning? Here are more important factors to consider regarding DL …

• Case law suggests that a child with an IEP may be provided with Compensatory Education services to cover any loss of services to bring a child back to the same position he or she would have been in had the services been provided (case law 2005).  This loss may be due to school negligence or not, such as services lost during DL.
• During DL, IEP teams should work together with parents to determine present levels of academic and functional performance (PLAFP).  If significant regression is evident or if the achievement gap has widened, then Comp Ed. services may be warranted.
• Basic Comp Ed. services include increased basic service hours, one-to-one instruction with the General Education teacher, etc.
• If IEP teams are unsuccessful in resolving Comp. Ed. concerns at the IEP table, parents may consider other methods of resolution (i.e., resolution meetings, filing a complaint, due process hearing, etc.).
• If awarded, more extensive Comp. Ed. services may include private tutoring, private special education services, etc.

 
Parent’s Documentation during Distance Learning (DL)
What should parents document?

• Delays in IEP meetings
• Amount of time provided by related service providers (weekly or biweekly)
• Implementation of accommodations (how implemented, timeline, etc.)
• Student progress toward goals as seen at home

 
How should parents document?

• Take screenshots of student work uploaded online (ex: Seesaw, etc.).
• Videotape student's attention to task and/or off-task behaviors
• Videotape student reading aloud each month
• Keep written log of phone/email contact with IEP team, etc.

 
Parent Tips for Distance Learning

• Request training on how to implement goals and accommodations at home (i.e., during teacher office hours, etc.).
• Request pencil/paper tasks for students who have challenges engaging via online learning (ex: Zoom meetings, etc.)
• Present information using your child’s learning style (kinesthetic, auditory, visual, combination). Ask for examples, tools, and resources showing how to present content in your child’s learning style.

 
Final Thoughts…
If your child is engaging in any level of distance learning:  document, document, document! Also, remember to focus on maintaining and/or working toward grade level skills in reading and math. For many students, Distance Learning is not the time to  attempt to move kids beyond grade level. Just focus on the basics. Resources to assist include:

• Lexia Core5 (lexiaforhome.com), PK-5th grade, reading/math
• Lexia Powerup (for non-proficient readers grades 6+)
• Khan Academy (free, khanacademy.org)
• Read Theory (free, readtheory.org), reading comprehension

• NonVerbal Autism Tutor program (theautismoasis.com), ages 7-13

 
Lastly parents, be cautious in refusing your school’s offer of instruction, no matter how poor. This may hinder your ability to consider and be found eligible for Comp Education services in the future. Feel free to contact us with any questions. We are here to help fellow special families!

Thank you to Betsy Hamblin of San Diego, CA who often serves as the  writing consultant at Sanford Autism Consulting.

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