FAQ
FAQs (Guam): Provision of Services for Students with Disabilities During School Closures for COVID19
The following guidance for the specific implementation of special education services during School Closures for COVID-19 will be provided and updated by the GDOE Division of Special Education. The Supplemental Fact sheet issued by the US Department of Education will be the primary resource and additional information from other sources (other partners, OSEP technical assistance centers, other states public school systems, consultations with schools, parents with disabilities, disabilities advocacy groups) made available are the basis for these responses. A frequent update of these FAQs will be made as new information and guidance is available. If you have questions, please contact Yolanda Gabriel, Assistant Superintendent of Special Education, at 300-1322/30 or ysgabriel@gdoe.net
A. Provision of Services, including Compensatory Services, Extended School Year (ESY), and Expectations of Staff
A-1. How do schools provide instruction and support to students with disabilities, including those with significant disabilities, during the closures?
If students in the school district are receiving general education instruction and student support services, then districts must have a plan for how all students with disabilities will also receive a free appropriate public education (FAPE). Guidance dated March 21, 2020 from the U.S. Department of Education Office for Civil Rights (OCR) and Office for Special Education and Rehabilitative Services (OSERS) indicated that “there may be exceptional circumstances that could affect how a particular service is provided.” There is not an expectation that IEP services would be delivered exactly as the IEP states. This is a national emergency, and districts should be communicating with families and making decisions based on student need and how those services can be provided.
There is no one right way to provide services. As stated in the OCR/OSERS guidance, the provision of FAPE may include, as appropriate, special education and related services provided through distance instruction that is provided virtually, online, or telephonically. Many disability related modifications may be effectively provided online, such as extensions of time for assignments, videos with captioning or embedded sign language interpreting, accessible reading materials, and speech/language services through video conferencing. GDOE encourages schools/educational teams to brainstorm ways of providing services using unique, alternative methods. Health and safety considerations should be the priority, including social distancing recommendations.
GDOE has curated a repository of online resources to assist staff in supporting students with disabilities during school closures. Please check the GDOE webpage for the latest updates.
If the student does not access the educational opportunities made available during the closure the Guam Department of Education recommends the school document this (see the optional tracking template for one way to document). If the lack of access is ongoing, school/educational teams should reach out to parents to discuss further and develop creative ways to improve access/support.
A-2. How do schools provide services to students with significant behavioral difficulties who require a 1:1 paraeducator and/or a high level of behavioral support for the safety of themselves and others?
There is no one way to provide services. School/educational teams are encouraged to brainstorm ways to provide services to their students and how to individualize these services based on individual student needs. As stated above, these services will look different based on safety needs, student need, parent engagement, staffing configurations, regional need, and district systems. Additionally, there is not an expectation that IEP services would be delivered exactly as the IEP states, and providing support such as a one to one paraeducator may not be needed at home or may not be feasible. School/educational teams should make decisions individually based on student needs, and the focus should be on supporting students and their parents/caregivers in engaging in systems that promote safe behaviors in the home and community.
Schools/educational teams and systems should leverage the behavioral expertise of their personnel to support interventions that meet the needs of their students and the new learning environment, and prioritize the immediate needs of their most impacted students. Behavioral support at home will likely look very different from behavioral support in schools, and parents/caregivers may need support on how to implement interventions and support. Examples of behavioral supports that could be implemented in the home include parent/caregiver behavioral coaching, or coaching and support around interventions such as: “first, then choice boards,” activity schedules, functional communication strategies, implementation of reinforcement contingencies, etc.
A-3. If GDOE is offering non-instructional resources or activities online for students, does that mean the school is not required to provide specially designed instruction (SDI)?
Yes, so long as the GDOE does not require students to use the resources or participate in the activities. As described in the recent guidance from the U.S. Department of Education, if theGDOE is not providing educational services to students without disabilities, then they are generally not required to provide educational services to students with disabilities.
A-4. How do schools provide services, in an equitable way, when staff are concerned about entering student’s homes?
More guidance related to this will be forthcoming. Right now, health and safety must be the priority over everything else. Be cautious about putting staff in a position of being exposed. Please refer to the Executive Order No. 2020-04and2020-06.
Schools/Educational teams should consider a multiple modality approach to ensure students have equitable access. There is no single correct approach, and the actions taken to provide services will vary school to school. Delivery of services could look like a combination of providing packets or online learning options during school closure if needed. Consider the needs of each student and family when developing your strategies to support student learning and know that materials and strategies may also need to be differentiated or modified to support some learners and situations.
Schools/ Educational Teams will determine if online or remote services will be made available, taking into consideration the equity needs of students receiving special education. Here are some additional resources:
• Free technical assistance from OCR’s web access team is available to support that web platforms selection and development for student learning are compliant with the civil rights laws that OCR enforces.
• OCR Short Webinar on Online Education and Website Accessibility
• Fact Sheet on Addressing the Risk of COVID-19 in Schools While Protecting the Civil Rights of Students
See additional resources on GDOE website
A-5. When an IEP team conducts an IEP meeting during a school closure, should the School Closure: Tracking Form for Students with IEPs show what the plan is for services during the closure?
This would be a team decision that should be made on a case-by-case basis. The team could choose to document both the services to be provided during the closure and the services that will begin once normal school operations resume. There is not an expectation that IEP services would be delivered exactly as the IEP states during this national emergency. GDOE continues to encourage schools to prioritize health and safety, student educational needs, and parent communication, at this time. Schools have flexibility in how they document decisions made in real-time.
A-6. What is the guidance on IEP goal progress reporting during this time?
If GDOE is providing FAPE, then progress reports could continue to be provided to parents on the schedule indicated in the IEP, to the extent possible. If progress reporting is unable to be provided as indicated in the IEP, this decision should be documented, as well as a plan to complete them when the health concerns are resolved and as schools return to normal operations.
As educational services are provided, schools will want to collect progress data for IEP goals in order to inform parents and IEP teams to assist with compensatory service decisions once normal school operations resume.
A-7. If we complete an IEP during the school closures, what is your guidance for developing the present levels section when the team is not able to see the student to gather data?
This decision should be made by the IEP team on an individual, case-by-case basis. Here are some points to consider:
• How old is the most recent data for each of the identified areas? Could these data still be considered current?
• What alternative data collection strategies could be used, such as having the student take an online performance assessment or sending work or assessments home for the student to complete and return?
• How will input from teachers, on work completed prior to the closure, as well as during the closure, be solicited and included?
• What information are parents able to provide?
A-8. When normal school operations resume, will schools need to assess every student who has a 504 plan or IEP to determine if compensatory services are needed?
Yes, schools will likely need to look at each individual student to determine whether compensatory services are needed. There is no exception to the requirement to provide FAPE to students with disabilities and if the district is providing general education services to students without disabilities, then it must also provide FAPE to students with disabilities. However, due to the exceptional circumstances of the COVID-19 pandemic and resulting school closures, schools will likely need to determine whether and to what extent compensatory services are necessary when normal school operations resume in the event that the school is unable to provide appropriate IEP services during the school closure. The extent of a student’s compensatory services, if needed, must be an individualized determination made by the IEP team.
A-9. What is the difference between compensatory services and extended school year (ESY)?
Compensatory services are to enable the student to make progress, Extended School Year services are for maintaining skills.
Compensatory services are determined after normal school operations resume and are determined on a case-by-case basis. Schools should examine the effect of the closure on the student’s progress toward their IEP goals.
ESY is required if the student needs it as a result of regression and recoupment time, or if they are at a critical stage in learning, based on documented evidence. Once normal school operations resume, the need for ESY should be examined on a case-by-case basis for each student, as already required in IDEA. Schools should consider how to address current ESY needs of students whose IEP teams have already identified the need in their IEPs.
A-10. How do we ensure that general education teachers have access to student IEPs during the closures in order to provide necessary accommodations and support?
GDOE recognizes that school closures present challenges for general education teachers, special education teachers, related services providers, and any other service providers seeking to have access to a student’s IEP. It is important, however, that all staff providing educational services to students with disabilities during school closures continue to have information related to their responsibilities and the accommodations, modifications, and supports described in the IEPs of the students with whom they are working.
The school may need to consider alternate methods for providing this information to teachers and staff when they are unable to access its GDOE information system. The alternate methods should follow the confidentiality requirements set forth in the Family Educational Rights and Privacy Act (FERPA). Confidential student information is permitted to be shared with authorized school employees who have a legitimate educational interest. If alternate methods are used, schools should document how the information was provided to staff. GDOE has developed a model tracking form that could assist teams in tracking this information.
B. Early Childhood Considerations
B-1. What is the guidance on completing evaluations for students transitioning from Part C to Part B? Should schools be bringing those students in for evaluation?
Health and safety concerns are paramount. If there is no feasible way to continue evaluations safely using distance methods or following social distancing requirements, then schools should consider delaying the evaluation until safety measures can be implemented.
Schools are encouraged to communicate with individual families and with their local school districts regarding the feasibility of a virtual transition conference and how best to approach required transition activities. Potential options for transition meetings may include virtual methods to include conference phone calls or video conferencing during periods of school closures. Existing early childhood transition personnel and their respective contact information remains the same during the period of school closure. After decisions related to early childhood transition options have been jointly determined, written communication with families should be prioritized.
Division of Special Education: School district personnel responsible for planning and scheduling initial evaluations for special education preschool services (IEP Eligibility Team) are encouraged to communicate with individual families to determine the feasibility of face-to-face transition conference meetings for 3-year-olds exiting B-3 early intervention. Consideration of social distancing measures and DPHSS guidance to ensure safe implementation is a priority. If this is not feasible or acceptable to families’, alternative virtual options may be explored as a means of meeting transition planning and implementation requirements. After decisions related to early childhood transition options, including the timeline for completing an initial evaluation have been jointly determined, written communication with families should be prioritized. For assistance troubleshooting specific circumstances, please contact Cathy Tydingco, Early Childhood Special Education/Section 619 Coordinator at cbtydingco@gdoe.net.
There is consideration that a new allowable exception has been added to the Indicator B-12 (Timely Part C to Part B Transition) report for the 2019–20 school year. The new exception is for school closures due to COVID-19 and school staff were unavailable, the parent stated that distance technology options would impede their participation, or the assessment could not be completed due to safety restrictions. More information to be forthcoming.
See also the Timelines section (Part D) of this Q&A.
C. Communication with Families
C-1. Would it be advisable to send out a “mass” prior written notice (PWN) to all families noting the stoppage of services?
GDOE strongly encourages districts to communicate frequently with families about what is happening. GDOE does not advise districts to send a “mass” PWN to everyone. However, it is advisable to provide information to families on an ongoing basis, and due to the nature of this emergency situation, frequent communication is recommended and should be prioritized.
Schools should address health and safety of staff and students as the first priority, determine how to provide special education services and communicate with families in an ongoing manner as the plan develops, and then consider the need to provide PWN in a timely manner.
C-2. If GDOE provides online resources for parents to access, should specific resources for students with disabilities be included?
Yes, GDOE recommends that if the district is providing online resources for students and/or families, these resources should be provided in an equitable manner for parents of students with disabilities. This includes using inclusive language, providing a range of activities accessible in a variety of modalities and skill levels, and allowing parents and students’ flexibility in selection.
D. Timelines
D-1. Are we obligated to continue to hold to IEP and evaluation timelines? Can IEP timelines be extended?
If personnel are available and parents are agreeable to completing the meetings via distance options (e.g., phone, Zoom, etc.), GDOE recommends continuing to conduct these meetings to the extent possible. If a meeting is not possible, then the school should document that a meeting is not possible and set the IEP/evaluation aside for when normal school operations resumes.
There is currently no provision in the law for extending an IEP. GDOE recommends the schools document if the IEP (or evaluation) timeline was exceeded and why. GDOE has developed an optional tracking template that could assist with this effort.
Schools/Educational Teams should make every attempt to comply with the required timelines. The review of existing data can take place with the required IEP team members outside of an IEP team meeting, and input gathered via email or phone call.
During a school closure due to a public health order, IEP team meeting timelines may be extended only if:
• The school/educational teams have reasonably determined the use of virtual technology is not a suitable method of conducting the required meeting; or
• Information necessary for the IEP team’s deliberation is not attainable due to recommendations of the state or local health departments. We understand that information about the COVID-19 continues to change, and updated information will be posted on the GDOE webpage.
The department will continue to update this document to address new questions, as well as when we receive additional information.
D-2. Is there an issue with equity if the school district completes some IEPs but not others depending on staff availability?
GDOE recommends schools to document why a meeting was not conducted (e.g., parents may not be comfortable with a phone/Zoom meeting or staff required are not available). It is acceptable for some meetings to be conducted based on staff availability and parent agreement, and for others not to be conducted due to unique circumstances.
D-3. What is the best practice for reevaluations during this time? Would it be appropriate to complete file reviews or an agreement that a reevaluation is unnecessary to maintain timelines when we cannot assess?
If staff are available, GDOE recommends the team move forward with a review of existing data and communicate with parents in order to get input on whether additional assessments are determined to be needed. If the team believes the existing data supports continuing eligibility, the team can move forward and complete the reevaluation using the existing data.
For school closures due to COVID-19 and school staff were unavailable, the parent stated that distance technology options would impede their participation, or the assessment could not be completed due to safety restrictions.
D-4. How do we document that a student is not available for evaluation?
There is no form to document an exception to the 60-day timeline. Schools should be sure to communicate the situation to the parent, make a memo in the student’s file, and conduct the evaluation as quickly as possible once school resumes.
D-5. What constitutes written parent consent during school closures?
For decisions that require written consent from a parent, schools could attempt to document consent during school closures using alternative means such as an email, a digital or e-signature, a digital photograph or scan of a parent signature on an applicable document, or school staff noting temporarily that consent was given verbally. Consent provided via email is considered to be written consent. The school should have a method for tracking parent consent through alternative means and, if necessary, make an attempt to obtain proper written consent as soon as possible (e.g., temporary verbal consent and then mail the parent something to sign and have them mail it back). Schools are recommended to explore alternative methods and to ensure that proper technological safeguards are in place to the extent possible under the current circumstances.
Some decisions, such as amending an IEP, excusing an IEP team member whose area is not being discussed, require the parent’s agreement, rather than written, signed consent. Documenting agreement does not require written or signed consent, but could take the form of a documented verbal agreement or other documentation.
Acknowledgement
We would like to acknowledge the valuable resources from USDE, OSERS/OSEP, OSEP funded technical assistance centers and several US Public State Schools Agency that assisted in the organization of the GDOE Special Education informational guidance resources pertaining to the impact of the COVID-19 School Closures on students with IEPs:National Association of State Directors of Special Education (NASDSE); National Center for Systemic Improvement (NCSI; Early Childhood Technical Assistance Center (ECTA); National Technical Assistance on Transition (NTACT); Washington State Office of Public Instruction; Oklahoma City Public Schools; Wisconsin Department of Public Instruction; Massachusetts Department of Elementary and Secondary Education; Kansas State of Education; Illinois State Board of Education