November 03, 2020 | Rhonda Logsdon, Kellie Smith

Rhonda: Welcome everyone, we’re so thankful that you joined us this morning. My name’s Rhonda Logsdon with Kentucky SPIN, and we’re going to talk about today on Tuesday Tips Compensatory Education, Extended School Year, ESY, and the IEP.

[00:00:17] And you’ll know that as we go through this, you’re going to see a lot of writing on the screen because this is guidance that...

Rhonda: Welcome everyone, we’re so thankful that you joined us this morning. My name’s Rhonda Logsdon with Kentucky SPIN, and we’re going to talk about today on Tuesday Tips Compensatory Education, Extended School Year, ESY, and the IEP.

[00:00:17] And you’ll know that as we go through this, you’re going to see a lot of writing on the screen because this is guidance that has addressed these different areas. It’s important for you to see that. But what we’ll do is as we walk through it, I will share tips and things to keep in mind that fits right along with the guidance that’s been issued through the Kentucky Department of Education and the U.S. Department of Education.

[00:00:48] But before we jumped right in, I just wanted to take a moment to tell you that if you have any questions, type that in the question box. Also, you’ll see there’s one handout, which is this PowerPoint. And within the PowerPoint, you are going to be able to click on links to access other documents, the guidance, all of that has links within this PowerPoint and the PDF.

[00:01:16] Also keep in mind, sometimes people, depending upon your computer are not able to download it or see the handouts. Not to worry. We always follow-up with our webinars with an email in case you didn’t have a chance to take the survey. You’ll have the link to do that as well as the certificate and also any handouts that were included. So you will receive a follow-up email for attending today that has all of that.

[00:01:42] I’m very fortunate to have Kellie Smith on here helping us today. And what we’ll do is every so often I’ll pause, and we will check in with Kellie to see if there are any questions.

[00:01:55] But just to kind of jump right on in a little bit about Kentucky SPIN, is it’s Kentucky Special Parent Involvement Network, and we are a statewide nonprofit agency. And we have had the parent training and information projects since we began and Kentucky first received one back in 1988. So for over 30 years, we have had that grant and the great news is we just got refunded for another five years for that.

[00:02:23] And it’s important to know that the parent training and information centers are funded and stated in IDEA, Individuals with Disabilities Education Act, which is what calls for IEPs in school. There has to be at least one parent center within each State. So keep that in mind too, if you move, or we have a huge military population here in Kentucky too, we can always connect you with who is the parent training center for other States if you happen to move. Now some States may have more than one, like Florida and California, because of population.

[00:03:02] But, we are here and it is not disability specific. It is, we serve all disabilities statewide and we are here to help you. It’s important to know, we do not act as attorneys. We don’t represent families. We are here providing a peer support. We are all persons with disabilities and or parents or family members of persons with disabilities helping one another to connect you to information and resources.

[00:03:31] We provide trainings ongoing, and when we’re finally able to get back to in person, we do a great deal throughout the whole State, and we can come do trainings for you. We can also provide them, we do not only for families we do for professionals, a whole variety.

[00:03:49] So a huge part of what we do is the parent training, which is providing training information. But then also we help you one-on-one, working through the process and knowing exactly the rights and responsibilities and how we all build that partnership.

[00:04:06] So I always like to start these off, especially when we’re talking with any about, because partnership is key to the success for our children. And the more we work together, sometimes we may not always agree, but we all bring ideas to the table and we work with the partnership and this is no different, especially now walking through and with COVID, the partnership and the trying to, you know, my whole life has always been thinking outside of the box and what works.

[00:04:40] So the more that we all, regardless if you’re a parent, a student or professional, the more that we work together, the better things are going to be, and our children are going to be successful.

[00:04:53] So, and just to tell you a little bit about myself, I’m one of five kids, my twin sister, Robin had a severe learning disability and as an adult with diagnosed bipolar. And she probably should have been diagnosed much sooner, but given our age that never took place. So that tells my age on me, but, and  our special angel in heaven now. And then my middle brother, Grant has cerebral palsy and is legally blind, but that doesn’t slow him down a bit. And then the youngest of the twins, my brother Ryan has ADHD. All, had IEPs throughout school. And are smarter than I could wish to be. And they have from the seen to the unseen disability. Each come with their own unique experiences. And then also I am the proud foster, adoptive mom to the greatest gift of my life.

[00:05:48] So our goal here is always families first, and how we work together when we frame that. It’s important as we jump in to this, to make sure that everybody knows that IDEA, which is what calls for the IEPs in school, which is the federal law Individuals with Disabilities Education Act, section 504 of the civil rights law and Title ii of ADA, the Americans with Disabilities Act and State Kentucky Administrative Regulations, nothing changed. Even though we’re living through a pandemic, those laws didn’t change. You still have to provide those things, given an alternate means right now, because we’re all living through a pandemic, and none of us ever have before. Right.

[00:06:40] So we’re having to think creatively, how do we still provide and get the same services and support, but in an altered form? Which is new territory for us, not only did the laws not change, they also did not account for and give any of us guidelines on what you do in case of this situation, because none of us have ever lived through this before. So it’s important to keep in mind, the laws didn’t change, but the laws also did not give us any guidance on what you do if this happen. And just keep those things in mind.

[00:07:19] Now, and you will see, and this is what I talked about when you bring up the PDF of this, you’re going to see, hopefully you see my cursor growing over things there. You can click on these when you bring them up and it takes you directly to that guidance. And you’re going to see where we have woven into the presentation, again, like I said, guidance with the U.S. Department of Education, Kentucky Department of Education and the laws.

[00:07:46] So. this, I just wanted everybody to see, it was addressed from the U.S. Department of Education and Kentucky Department of Education that things did not change, in the laws. but again that they did not provide a plan for us.

[00:08:06] You will see too that one of the things when I always go to, because things and given, the situation our state is in right now, and the outbreak, it’s important to know at school and this, especially when COVID hit back in March, when there was no school for all children, and some areas and some districts, if there was no school for everyone, then they were not responsible to provide IEP services for a child with a disability, right. Nobody was in school.

[00:08:45] But it’s important to know though that when they’re in school, whether it be through alternate means, which is on distance learning at home. That means that the children are in school. It’s maybe, it’s a change of location, but it’s important to know, and I know it will vary depending upon the districts. And again, given the guidance day to day, because things keep changing and, and districts are having to change depending upon when they looked at the matrix and see what color you are on the map of the outbreak of COVID within your County.

[00:09:24] So keeping those things in mind, regardless if they are in school, in person or distance learning, the virtual learning, that is still in school. So that means that the IEP and the IEP services still have to be provided.

[00:09:44] Now, it is good to note here that if it was closed for all students again, and no students were doing any work, they didn’t have to provide the services. But you also have to note here too, in this guidance, is there has to be, and this was sort of one back in March, one of our first mentions of the compensatory services. And you are going to see over the time and the dates, we included the dates on here, too, where it keeps revisiting the compensatory education throughout the guidance that’s been issued.

[00:10:26] Now again, Kentucky Department of Education stated because if school was in place that each students ARC, must make the individual determination to see if the student, and this was back in March to, requires the compensatory education to make up for any school that they, any schools, skills, excuse me, that they may have been because the student didn’t receive the educational benefits due to the missed IEP services.

[00:10:57] So starting back in March, the U.S. Department of Education and Kentucky Department of Education started issuing guidance to make sure that everyone is aware of this and how to handle this.

[00:11:09] Now you all are going to be thinking, well, I don’t want to know about the CARES Act, but the reason I want to bring up these two funding streams is because within them, and you’re going to see in the next few slides, it’s important to know about these because when you were talking about the compensatory education, it takes funds to provide those things. And you’re going to have to be making determinations, individually for each child. And not every child will qualify or need it.

[00:11:40] But I want you to know in that, which was part of the CARES Act, there are two funds, the Governor’s Emergency Education Relief, GEER Fund and the Elementary and Secondary School Emergency, ESSER Fund.

[00:11:56] Within that, and the Kentucky Department of Education released guidance on those and because districts are going to get it, will be, or have been getting, or as already got funds under the GEER and the ESSER Funds.

[00:12:17] So Kentucky Department of Education put out guidance and these are questions and things to be considered that one of them was consideration for special education that each district need to look at the possibility of using some of their GEER Funds that they get for compensatory education is also stated in that.

[00:12:41] And the services that they may need, again right here, it talks about because they’re going to have to, there’ll be offering in an alternate format, change of location. So in the guidance, it’s set up that these were some examples of ways that GEERs Fund within the districts could be used to not only what you’ll see in a minute to look at if compensatory education needed, but to actually deliver the services and supports that they need, due to the change of location, and the remote learning.

[00:13:20] What is it that the children are going to need? And this was critical. And one of the things that I have been so very grateful for, with all of the guidance KDE has issued. Even if it’s not about special education, they have been very deliberate and I am very grateful that they have never forgot about special populations and making sure that everybody is being taken into consideration. And this is just one of many examples so that districts look at because, districts need guidance on how or what they can spend those funds for.

[00:13:57] You’ll see here too where it is very specific the GEER funds could be used for additional costs of providing compensatory education. Not only could you use it to deliver the services you’re delivering at the moment, this could be used if a child needs compensatory education, that could be a pot of money that provides that.

[00:14:19] And that’s critical because we know that there’s never enough money and resources to our schools, so that’s good to keep in mind here. Also then on the other side too, ESSER. The ESSER Fund is also in the guidance from KDE, they did a separate guidance for ESSER Funds as well, and considerations for districts to consider, things to consider. But then also letting them know that ESSER Funds could be able to ensure that a free, appropriate public education, and when it says, LEAs here, that means local education agency. And what that is, is that is your local County or independent public school districts. So it’s important to know that also under those funds it’s able to be provided.

[00:15:16] Again, it also States under the ESSER Fund that they are advising districts to hold a portion of those ESSER funds to pay costs for providing compensatory education that may be needed for students. Because this is something critical to keep in mind, you may not know yet what’s all going to be needed. We’re still living through this. You may already know that there are some that they didn’t get that it’s going to be needed, but, we still have, I mean in my opinion, a long way to go here. Right. And things keep changing daily.

[00:15:53] So it’s good to keep those things in mind and that it not only through both of those funds, not only gave permission, but set the guidelines that it could be used to fund to deliver services right now to them. But then also to use those funds to provide the compensatory education services that might be needed.

[00:16:18] Another thing too, is again, here it says we may not know what all is needed until everybody returns back to school to normal or what would be the typical. That doesn’t mean though, you have to wait, which we’ll talk about a little more here in a minute. You have to wait to decide if you already know there are those things.

[00:16:38] But that’s why it was important, and I think very critical in the guidance that was issued for districts is you’ve got to be thinking about these things. That those funds, not only because there’s no guarantee of additional funds that could come down the road. Right.

[00:16:55] We know, right now, these things have been done. So we can’t count on or put hope in to the unknown. You need to make sure that you are reserving some of this for what you already know is going to be a possibility of expenses and things that are going to be provided. I just wanted to make sure everyone was aware of that.

[00:17:20] Let me pause just for a moment here to see if there are any questions, Kellie?

[00:17:27] Kellie: There aren’t any questions, at the moment. [inaudible]

[00:17:36] There will be an email later this afternoon, that will include your handouts along with the evaluation and any links needed that were presented in this today.

[00:17:53] Rhonda: Okay, thank you so much, it broke up a little bit. That’s one thing we love about technology. It depends on the day and the time of the day., but if I understood right, I think we were good with no questions right now. But again, technology may be our friend today, it may not. So I do appreciate your all patience with us.

[00:18:14] And again, a lot of times it takes me awhile to process things. So if you have questions after this, you can always follow-up with us, cause that’s what we’re here to sort of help everybody.

[00:18:30] So you might put it on, we’re getting some background noise, I think just a little bit so, and I don’t know, our technology here. And of course, if I’m at the helm, which is dangerous for you all, you never can tell what’ll happen.

[00:18:46] So, one of the things too in reopening guidance, and KDE has issued a great deal that you’ll see that is considered reopening guidance. One of the things too, is that when we look at, let me hold on just a second, Kellie, I think we’re getting some feedback there.

[00:19:12] Okay.

[00:19:12] Kellie: Sorry about that.

[00:19:19] Rhonda: No worries. So, thank you so much. The, in that guidance, because this was back in July and again, you’ll see the, the dates on there, which kind of helps set the timeframe. And what we’d like to do in the webinars, cause I’m a little, I liked things brought together for me. I’m a little OCD with it, but you could see how each one plays into the other.

[00:19:46] But on this, with this guidance that they provided, is talking about specifically the special education, preschool students, compensatory education. And when we go through this one thing that’s going to be really important, because under IDEA, children who qualify who have a disability, regardless of the disability or the category they qualify under, they’re entitled to a free, appropriate public education, FAPE.

[00:20:18] It’s important to remember that, because when we’re looking at compensatory education the terminology, you’re going to see that repeated again here in just a little bit. And in that, everybody has had to think in different ways. Right? So we still, even though we are dealing with COVID, which is a pandemic, the law didn’t account for. None of us had a roadmap of what we do.

[00:20:44] So even though we are going through this, regardless of where the child is being educated, because, one question I’ll also get from people is, is that a change of placement? No. If all children are, and it can be a mixture right now in a lot of districts too, you can choose for your child to go to school or not regardless if they have disability or not, you can choose to do the virtual learning or in person and a mixture of that.

[00:21:15] So, the thing about it is regardless of where they are at, it’s not a change of placement because of COVID. It is a change of location. That’s important to know.

[00:21:27] And not only, regardless if they are at home doing it or setting at school doing it, they are still entitled to FAPE, the free, appropriate public education. We’ve had to look through alternate means and really looking at because every family’s needs are very different. And especially as we are working through this.

[00:21:49] So how can we accomplish this? Is it by using the technology available, to where we are working with them one-on-one or in group settings, but doing it through virtual means? It might be zoom. It might be, Google classroom. It could look a lot of different ways.

[00:22:09] Some children don’t do well with that. It might be printed copies of steps. It could be on a phone stepping through stuff. It may not be where you see one another, like a virtual meeting, it may be talking through things. So it’s going to look different.

[00:22:28] But the important part is, it still has to be provided. And how do we go about doing that? And how do we look at, because the terminology compensatory education, makes everybody upset and nervous, because historically, because it wasn’t in IDEA, but it was from actual legal court cases that awarded compensatory education.

[00:23:00] But here’s what’s important is, it’s not about, there may be compensatory education needed because the pandemic COVID created it to where the children can not receive FAPE. So it’s not about who’s right or wrong, or blaming this one over that one. We are living through something where we’re probably going to have a lot more children qualify for compensatory education, not just in Kentucky, but the whole U.S., that never would have before because the pandemic within it self-created the opportunity of denial of FAPE. Right. Not because they didn’t want to give it or did not provide it. It in nature because of a pandemic and how we have had to do created this.

[00:23:53] So the important thing is we all need to be talking about it together, whether you’re a parent, a professional, it doesn’t mean you did wrong. What it is, is we have to be very honest with one another. And regardless of what you call it, is compensatory education is what you should have got, but you didn’t get. Right. So those are just my, this is how I describe it.

[00:24:22] because when you look at this, it is going to be, think of this. An then we’re going to compare this to ESY in a minute, because these are two different things.

[00:24:33] Compensatory education is what you should have got that you didn’t get. And it was a denial of FAPE, but is due to COVID, right. Not because they didn’t provide it.

[00:24:45] So, and here’s the thing too, it’s not necessarily going to be a cut and dry thing. You are going to have varied compensatory education. It’s not just a, you didn’t get anything. But there may be certain parts you weren’t able to get because all districts and everybody has been encouraged and really working, how can we do this? How can we provide it in an alternate means? There may be some aspects, so it’s not necessarily a, they didn’t get anything. You’re going to have to look at it individually per child, and to gauge that.

[00:25:24] Now, when we look at this, here’, what’s important too, because historically compensatory education has been awarded through case law, through lawsuits. Okay. We don’t want that to happen. Right. So in the guidance, which I was very grateful for through KDE, and you’ll see the underlined part. The compensatory education may be awarded to a student as a result of IDEA, an IDEA dispute, which would be the court case. But the part that I am so grateful for, or by the student’s Admissions and Release Committee, ARC team, as a voluntary remedy for failing to provide FAPE.

[00:26:09] And this also too, the students ARC, which includes the students, parents and guardians, are a critical equal member of the team. So we don’t want anybody to have to go to court. We have, I mean, we already have more than we can handle with this pandemic. So this opens the door and let everybody know is, no, it’s not that you’re going to be looking at tons of court cases once you get on the other side of this.

[00:26:36] The hope here is, and with us all working together if compensatory education, first, we got to have to start the conversation. Then we need to look at each individual child, is this needed. If so, to what extent? And go from there and the ARC team can decide to do that. And that was very critical that, that was included there.

[00:27:01] Now here’s the other thing we’re talking about ESY. Because the guidance that KDE issued on July 20th about compensatory education and ESY was really important. And you can see here, ESY had been decided, and there were a couple of cases that decided that, the extended school year services.

[00:27:24] But I want to go on this next screen here too, because in that guidance, because people were getting confused with compensatory education and ESY. They are two different things.

[00:27:35] So remember when I said compensatory education is what you should have got that you didn’t. ESY is so that you don’t lose what you got. And those are just Rhonda plain term. But that’s how I understand things better.

[00:27:50] Is, compensatory education, which you should have got that you didn’t. ESY is so you don’t lose what you got. Right. It’s not to learn new skills. So each child, you know, this was something that that’s visited in every ARC, IEP team every year with ESY. Is this something that’s needed?

[00:28:11] So, but you don’t confuse the two because they are two different things.

[00:28:16] And again, when and one of the things here is, that’s stated from one of the cases that came and helped us with the definition of it, the ESY services, this is for students who have a tendency to regress. They have shown prior regression and the ability to recoup lost skills and progress towards their educational goals. Right?

[00:28:42] So every student has recoupment that they have to do, regardless if they have a disability or not. But for children who have IEPs, and one of the things of looking at ESY, the extended school year services is, we need to make sure, because for some students with disabilities, the recoupment being able to recoup the lost skills is that much, 10 times greater than that of a child that doesn’t have disabilities.

[00:29:11] So in the reason I wanted us to revisit and bring this webinar up today again, and this topic was because we’ve got some, this is a perfect time. One way to be able to tell of recoupment of lost skills and something to keep track of, just like with compensatory education. What was it that your child should have got that they didn’t get? Or to what extent? Right.

[00:29:36] So now also as the parent, be the thinking of, these are some critical times. Because you can tell, you’ll know with over the summer, and, you know, keeping the documentation, what was it that they knew at the end of the school year and then when they went back to the beginning of this school year, how much of a loss did they have from what they already knew?

[00:30:02] You’re also, we’re about to go into some breaks that Thanksgiving break for districts, Christmas break, also Spring break. These are prime time to be looking at, and documenting, what are the skills that your child had prior to these breaks? Then when they come back in, it could be as simple as you can look at say, and I’m just going to throw this example out there, a math assignment. And they were able before you had your two week Christmas break or however much long you all get the break for. Is that they were able to do this skill, right.

[00:30:44] And it’s in the IEP and it may be that the child and the example I’ve given is math, they have a skill that is related to math. So they may have been able to do it. When they go back gauge that if there was loss from the skill that they were able to do. And then if there was, how much? So right here are going to be some prime examples of some times where you’re going to get data to show. Because we don’t want children to regress. Right.

[00:31:18] And also too, prior regression, looking at that. All of those things take a part and consideration in the IEP meeting, looking at and visiting is ESY services necessary. And the parent and youth, who were at the meeting too, are critical members of that. And deciding that.

[00:31:40] I’m going to pause just for a moment to see if there’s any questions so far?

[00:31:45] Kellie: We do have a few questions, Rhonda. If you can hear me okay?

[00:31:51] Rhonda: Yes much better, thank you.

[00:31:53] Kellie: All right, so the first question is, is there any guidance on a student in their last year of eligibility? Say a 20 to 21 year old?

[00:32:08] Rhonda: Yes. And that is a perfect question. And here in a couple of slides, we’re actually going to address that where it has to do with compensatory education. And also too, because that was an exact example in some of the guidance that has come from this. So hold on to that question and that’s a great one because we are going to visit that. And yes, there does need to be looked at if it was, to give you a short answer, before we get to that, yes. If compensatory education took place, that a child could still get it. And I will show you directly in guidance that addressed that in a moment.

[00:32:53] Let’s see if there’s another question. And then once we go through it too hold onto that question, because if there’s parts of it that you had questions about that I didn’t address exactly, you let me know. Okay.

[00:33:07] Kellie: All right. The next one is, what about guidance for repeating a year in the same grade? Especially transition years? For instance, elementary to middle or middle to high school?

[00:33:26] Rhonda: Okay. So there is some specific guidance and I don’t want to, and this isn’t about COVID guidance. But there is a part in the law and I believe it’s with the primary school age where ARC teams can agree for a child to repeat the grade. They tend to typically not want for a child to, repeat the grade. But that would be an individual question and looking at the circumstances.

[00:33:56] Because here’s the great thing about IDEA and the laws and all that. They’re all to be individualized based on the child’s specific needs. So we can look up that guidance will not be within this presentation. But if we make sure Kellie that we have the email address and everything, we can follow-up with you to provide that. And anyone else, if you have very specific questions on that, about repeating your grade, because it depends on what grade you’re talking about. And what’s in it, because typically that is a school decision. But there are some things in the law that do, in certain situations for a certain grade, that it does let the ARC team make that decision. But we will get that, and follow-up with you on that.

[00:34:57] These are great questions. Was there any others, Kellie?

[00:35:01] Kellie: Yes, there’s one more. In the past teachers kept data on breaks from school. How will they measure if school is not in session or delivered by NTI and the child does not respond to NTI?

[00:35:20] Rhonda: That’s a great question. Because just like, when we weren’t living through a pandemic, that everyone’s required to keep data and the progress, that didn’t change. So even if they are in the remote setting, they’re still responsible to be collecting that data. Now, if they’re not getting responses, then that’s something that then the school needs to work on with the family to see, you know, what is it that the family needs or the student needs to be able to be successful?

[00:35:56] So that data still has to be being collected. Now, depending upon how everyone is communicating with the family and the lines of communication, that is something separate that’s going to probably have to be addressed. Because there may be a barrier there that no one is aware of, that is going to need to be addressed so that you can provide those services.

[00:36:21] So even, and it’s important to note, even if you were on remote learning, the data, the services and supports all of that still has to be provided. Although given it will be provided in an alternate means typically, but it still has to be done. And that’s a great question, and I do find that there have been a great deal of issues and break downs in communication on both sides. And I have found, and I probably drive everyone crazy, but the communication and the lack of it causes more issues than anything, regardless if you’re talking about the pandemic or anything. So that communication and bridging that gap is what’s going to be critical for our children to be successful.

[00:37:10] So, but that is a great question. But someone is still responsible to do that. And what I would suggest, because especially now, because of what we’re living through is that it might be in a critical time to request an IEP meeting, whether you are an ARC meeting, whether you are a parent or a professional, because if you know you’re already having those concerns, or you’re not seeing that, or you don’t know who’s doing that, or if you’re not getting a response, we need to come together as a team so we can address that. And break down any barrier and also find out who’s providing it and get that data that they’d been tracking. Because the more we’re all aware of where we, that our children are at the moment, we’re going to have be able to help them to do better. And that’s going to show you areas you need to address.

[00:38:04] I hope that was helpful. Was there any others Kellie?

[00:38:08] Kellie: There are no others right now.

[00:38:13] Rhonda: Okay well we’ll move right along, cause I do, I know we are getting close to time. So I want to make sure that they get the side by side here, which I love. And I’m not going to read through everything, but it’s important and I liked that they did, in this guidance, where this is what compensatory education is not and when and how can services be provided.

[00:38:36] Here’s something very critical that I want everybody to know. Regardless of its compensatory education or ESY services that your child receives, that can not take place during their instruction and their service delivery, that is their, right now, school day.

[00:38:59] So you can’t take from what they’re already supposed to be getting. All of these things have to be if compensatory education and ESY, extended school services, if they’re to be provided, it cannot be during the time that they are receiving their current instruction and services. Because what you’re doing is you’re defeating the purpose. You’re then causing them to miss more of what they’re supposed to be getting right now.

[00:39:29] So when you look at this, these, anytime that these are provided, it is an addition to what is their typical services, school day supports that they are getting. And that’s important to keep in mind. And determining and knowing the ESY is determined annually. Not all children will need it. Now, there may be more now that they need it than they did before. But again, it is determined individually. Case by case.

[00:40:01] Compensatory education, that is going to be something that, you know, is going to need to be looked at, at different points and to have those conversations. Now, also in here, it had some things that we need to remember for compensatory education, but then also for ESY. The thing here too is the ongoing progress monitoring. Because you’ve got to know, just like to get our present levels for our children, in the ARC meetings, IEP meetings, to know then how to write the appropriate IEP, that monitoring and that data needs to be collected and shared.

[00:40:43] And, it’s going to be determined on the individual places. And the individual ARC teams will individualize the implementation plan for any compensatory education services. The who, what, when and where. Just like you do with the IEP, it’s a team decision and a team, and it’s a team plan that’s going to be developed.

[00:41:08] And again, in addition to their normal school services that they’re getting currently. Right.? Because I can’t stress that enough. It’s because this is not just cut out 20 minutes of the day because you’re cutting out 20 minutes of their current instruction and services. So you’re creating more of an issue because they’re missing that.

[00:41:34] Then also who’s going to provide the specially designed instruction? All of those things need to be kept track of. And looking at too the ES,Y is again, who’s going to be providing it? What’s appropriate for that child? Making sure the who, what, when and how.

[00:41:55] Also one of the things that I want to point out here is, and there’s a lot of slides about different questions, so I may, but you will have those. But we have covered some of this stuff. So if I clicked through them, you will still have access to this. And also too, when you look over it, you can always follow-up with me, any of us here at SPIN, and we will walk through this.

[00:42:20] So one of the things here is the definition of compensatory education has not changed because of COVID. It’s still going to say that cause of denial of FAPE. It was failure to provide FAPE. But the failure to provide FAPE was due to COVID the pandemic. And we don’t want to have to go to court to get this. None of us do, whether you’re a parent or professional or anyone.

[00:42:45] So really looking at the ARC teams. Taking a close look, it’s going to be critical. So then we can come up with a plan, if it is that the child needs compensatory education, how do we then provide it?

[00:42:59] Also too, making sure anything that’s missed, all districts and everybody has been encouraged, there are gonna be some situations that something was not being able to be provided. But to the greatest extent possible it was to be provided although through alternate means, they are still to get it. And compensatory education was not to replace the education. You’re going to look at that, is it COVID created where you couldn’t provide it to any, you know, what sections you couldn’t to any extent.

[00:43:39] And again, when we first started talking about it, you’re going to have areas, right. You can, to where it may be just a certain aspect of it wasn’t. Again, during the closures of the school and looking at, when is this provided and on remote instruction. And if there is a service that could be provided, not waiting, if you know that it’s there. And if you have the opportunity and can do it. But a lot of it you’re going to have to wait until things are back face to face.

[00:44:13] Here is where I want to make sure I spend some time. Because of the great question that was brought up too. So, and this is to keep in mind for students who may have graduated, you know, graduated with their standard diploma or aged out and graduated with the alternate diploma, at the end of last year, but this is also critical to keep in mind this year. Because even if they’ve turned 22 or technically graduated, which could be sooner than that, right. Because some students graduate before 22. Should compensatory education be provided? The answer was yes. Because this is not services that they would have got.

[00:44:57] Think of it this way, this isn’t services that they would have got after 22. Remember compensatory education is what you should have got that you didn’t get. So there is still that gap to where they did not get it. And regardless if they’ve turned 22 or they have graduated, they feel can get compensatory education.

[00:45:23] It’s important to keep in mind because, it was a denial of FAPE and then they would receive it past their 22nd birthday or after they graduate, because it was what they should have got that they didn’t get when they were in school and it was services and support that was in the IEP to be provided.

[00:45:43] So yes, they can get it. And keep that in mind too, because you’re going to have a lot of kids, not just, if they graduated last year, we’ve got many that are going to be graduating this year, and so depending upon however long this lasts, because we have no idea. There may be a whole area that we’ve got to look at because those students, even if they’ve graduated, aged out, they still are entitled to that compensatory education.

[00:46:17] It doesn’t relieve the districts or anyone from it because they’ve already graduated. So we’ve got to make sure that we initiate those conversations with the school districts, even if they graduated at the end of last year, we need to initiate that and request a meeting so that as a team, we can look at that and see if there was any compensatory education needed.

[00:46:44] And I would recommend, especially if they graduated last year, to start those conversations now, right. Cause they’re not being enrolled in school and receiving services now, you need to contact the school and start having those conversations.

[00:47:00] Now there is another part here too. That, so that was for our older students. Right. Our youth. So there’s another part here too, I want to make sure we concentrate on. Is that for our little ones, the question was asked can the ARC award compensatory education services to students in preschool if they didn’t receive their IEP services during the NTI period? And yes, they can, because that is a denial of FAPE. It wasn’t provided.

[00:47:37] So you may have some preschool students that get that. Also, too, it was important, and I’m going to show you here in just a minute, from the transfer from First Steps, which is the early intervention system in Kentucky, of birth to three. I’ll show you a question and answer that was addressed by KDE from that as well.

[00:47:56] One of the things here too is, what if because of COVID, you’ll see question eight. If the initial evaluation for a student, regardless of their age or re-evaluation or review, wasn’t able to take place could compensatory education be something they receive? It technically could, because if the compensatory education must be provided based on the date the evaluation should have been completed, right, if they would have qualified.

[00:48:35] Now, OSEP, which is through the U.S Department of Education, office of special education program for, and when you see OSEEL, that is the Kentucky Department of Education’s office of special education and early learning. They don’t have the authority to waive those or extend the timeline requirements. So, if you were supposed to have your initial evaluation or your every three evaluation and it wasn’t continued.

[00:49:04] What it is, is if they would have qualified, if they qualified, but they weren’t able to complete the evaluation in the time period that they were given there could be compensatory education. Because technically there is a timeframe to which that IEP would have took place. And so see that creates a denial of FAPE because the evaluation that qualified them hadn’t taken place. And again, it came out through several different guidance, which I can provide you all afterwards, if you would like, to where there shouldn’t be a delay in the evaluation process based on one piece of data. Because an evaluation is a multitude of things. It’s not just one score or result.

[00:49:49] So it was a guidance issued that encouraged everyone, do not delay the evaluation process. Because here you will see there might be compensatory education needed if the evaluation was delayed, not done in the timeframe, because once that’s done and if the child qualifies, then the IEP would be in place. So then that even created even more of a delay of services being brought in. So the date that those services would start to the date that they received them could possibly be, it would be denial of FAPE and compensatory education needed.

[00:50:25] Now, one of this on here that I want to make sure too, for our little ones coming from part C, which is First Steps in Kentucky, to part B, which is the IEP through the school system. One of the things that was asked is compensatory education services be a case or something if the IEP implementation was delayed for a student moving from part C to B?

[00:50:54] And again, yes, because there are timeframes and things that should be in place. And when the student transfers from part C to B, so then again, just like with, when we were talking about the initial evaluation, regardless of the age, in this case, it would be the same situation. If the evaluation they qualified should have been completed, to where then they would have the IEP in place and already started that gap area between there could be compensatory education. So I wanted to make sure that we went through that.

[00:51:28] Now I want to, because I know we’re getting very close on time and I want to give a couple of moments for some questions. Again, I know this was a lot, this was, I want to make sure that I point this out. Because this, let me just back up just a moment here. Yes. This is had to make sure I was where I was wanting to go there.  

[00:51:51] When you were talking about, the U.S Department of Education, office of special education program, issued a guidance document of questions and answers under IDEA, part B, which is IEPs in school. Is there was one question I want to make sure that you all had saw, it was if ESY services were unable to be provided during the summer due to COVID, right, they weren’t able to provide it, and through any type of alternate means. When you come back to school, is that, that still didn’t alleviate them from receiving what they were supposed to, right. Because that would still be, they didn’t get what they were supposed to get.

[00:52:35] So it encouraged to use other breaks as possible times. Which could be, you know, Christmas break, Spring break, other breaks to give that to them. Because if that was something that should have been provided and was in their IEP, that doesn’t alleviate it being provided, right. Just like the law didn’t change and the IEP services and support still have to take place. This is a part of the IEP for children who qualify and receive the extended school year services, that still doesn’t alleviate the responsibility and the delivery of those services, because there’s a pandemic. So I just wanted to make sure that everyone saw that.

[00:53:19] Then, Kentucky Department of Education issued another consideration for reopening questions and answers. And again, I just put one on here, but I want you all to have you have the link there to it, and this was in October. And they continually are putting out wonderful guidance to help us all, as we map through this. We are very fortunate to live in Kentucky, I can tell you that because these things aren’t happening in other States.

[00:53:46] So, one of the things too here was, they addressed would your child be entitled to compensatory education if instruction services are missed during virtual or distance learning due to COVID, how will this be determined? So, yes again, it reinforces that if they were not able to be provided in accordance with their IEP, regardless of the reason why, it is a denial of FAPE.

[00:54:15] So the remedy for that is compensatory education and it’s going to vary. There is no cookie cutter way that you determine this. And it’s going to be ongoing that you need to be looking at this, especially considering, how long that this is going to take as we’re all working through this, because I don’t know about you all, but I don’t see an end in sight. So, this is going to be something that needs to be looked at and considered. So you’re going to need to review that, but then also the determination of denial of FAPE has occurred in the decision to award the compensatory education is a remedy need not be limited to dispute resolution. Look again, reinforces that we don’t want everybody to have to use that, but know that there are, within the law, there are procedural safeguards in place, dispute resolution.

[00:55:11] We want to prevent everybody from having to do that and really encourage the ARC to make those determinations and move forward. But again, one of the things too, that making sure that we are looking at this. And it could be quantitative, a lot of people, it could be minutes that you track, a qualitative and quantitative. It’s going to be a whole array of how you come up with is it needed? And then how do you see how much it’s needed? Or what’s needed?

[00:55:45] And that’s going to be a team decision and the parent and the student are critical members of that. And it’s important for everybody coming to the table to have input in that.

[00:55:57] One other thing too, before we hop into questions here, I know we’re getting very, I cut it close don’t I y’all. I wanted to make sure that you all had the U.S Department of Education, this was another additional resource. They just issued the parent and family, digital learning guide, through the U.S. Department of Technology. I believe that’s a part of the U.S. Department of Education, I just want to make sure you were aware of this, and this resource and guide, if you might find it helpful.

[00:56:28] Also too my OCD, I wanted to make sure you have links, you will see on this, and then the next one to where you can click through. And how I did these was, we go from March all the way down, you know, the earliest, and then you could see some others too. So I’ve got it kind of reversed here. So I made my OCD a little crazy here because I did not get this rearranged. But you will see there in timeline form. But that these are some critical guidance that would help everyone and sort of to know. And it really helps that with the roadmap, the more all of us are working together and coming up with different ways and sharing those. So I just wanted to make sure you had those available.

[00:57:17] So let’s pause and see if there’s any questions?

[00:57:23] Kellie: I only see one question. And that is, does the parent request that data is being collected by ESY?

[00:57:36] Rhonda: You can request that. What I would make sure, and at least in the conference summary that you’re requesting it. It should be already be being kept. If not, we need to make sure that we’re very specific in the IEP  who is going to collect that data? Who what, when and where, right. Just like every other aspect of the IEP.

[00:57:57] Something else I would suggest is we need to make sure that not only someone’s collecting the data, but that data is being shared. And you can request that and have that, at least in the conference summary, if not elsewhere in the IEP. When you are to receive that data, and this is not just on ESY.

[00:58:17] This is important in regards to, because, and I know this, we covered this in our basic law and special education process workshop, but all children are supposed to be getting report cards. That’s a given. For children who have IEPs they are to be given progress reports every time everyone gets a report card. Many times that is, what I’ve seen is, that we do or do not anticipate them meeting this or that goal.

[00:58:51] So you should be getting a report on those goals and objectives at each time your child gets a report card. But I even suggest even more, but that is important to know if everybody feels that they’re going to hit it or not, but you need to know to be able to help your child better because that doesn’t really tell you if they are close to getting it, or they are very far away from hitting that goal. So we need to make sure that everybody, regardless if it’s the ESY data, if it is goals or objective, that all the data is being shared with everyone who is on that ARC, IEP team.

[00:59:31] Because that’s going to be critical in how each of you participate in your role, whether you are a teacher, a parent, a student. We’ve got to see where we’re at to see where we need to go. And we need to see are we making progress? If we are, you know, if we’re not, maybe we need to come up with a new strategy. I always suggest requesting it, you can request a meeting at any time, but making sure that it is in the IEP, that you get those progress reports and you get that data and make sure it’s shared with everyone because it plays a part in everybody’s role helping the child. Right.

[01:00:13] So we need everybody to be on the same page, to know where we’re at, to know how to help us get to where we need to.

[01:00:19] I hope that helps.  Were there any others Kellie?

[01:00:24] Kellie: There are no other questions at this time.

[01:00:29] Okay. Well, I will not keep you. I just want to tell you all we have webinars. I know it’s 11 right now.

[01:00:35] We have webinars every Tuesday. But then also every Thursday, now there’s going to be a couple of Thursdays, because of the holidays coming up and I don’t think you all want to join us on Thanksgiving. But in November and December that we may not have some, but we already have that schedule up. And you can check back with us.

[01:00:57] You can sign up for our e-news and know that we are here to help in any way that we can, please reach out to us.

[01:01:06] I’m so grateful that you all attended, this has been helpful and I hope you have a great day.

[01:01:13] Talk to you all later.