Priority Notice from the Maine Department of Education

Office of Special Services COVID-19 Communication


The Maine Department of Education Office of Special Services remains available by phone and email to respond to questions and concerns as they arise.  The guidance below is derived from the Office of Special Education Programs (OSEP) and the technical assistance centers who work to assist states on meeting federal guidelines.  There is no guidance included in the Individuals with Disabilities Act (IDEA) or Maine Unified Special Education Regulations (MUSER) to address extended school closures during a civil emergency. The Office of Special Services will update the field as new information becomes available. There is a list of definitions at the end of this document for reference.

1.  Are School Administrative Units (SAUs) required to provide special education and related services outlined on an Individualized Education Plan (IEP) during school closures related to COVID-19?
  • Instructional opportunities are being viewed from the position of equal access.  If a SAU continues to provide educational instruction to the general student population during a school closure, the school must ensure that students with disabilities also have access to the same opportunities, including the provision of Free Appropriate Public Education (FAPE). There are cases when instruction is very specialized and/or cannot be provided remotely. In those cases, an IEP meeting should be held to determine if alternative instruction can be provided or if compensatory education is necessary.
  • If the school is closed (no instructional services provided to any students), then there is no requirement for FAPE during the closure. Once instruction resumes, SAUs shall conduct IEP meetings to determine adverse impact on special education students on a case-by-case basis.
  • If a student is infected with COVID-19, the school should approach this situation similarly to a homebound student.  The district will need to determine if the child can access instruction from home, such as, online or virtual instruction, instructional phone calls and/or other curriculum-based instructional activities. If a child is unable to receive services for an extended period, the IEP team must make an individualized determination as to what extent compensatory services are needed. (MUSER X.2.C.(2)(f))
  • For the documented medically fragile child who is excluded from school during an outbreak of COVID-19 or if the student is not medically able to return when instruction resumes, the IEP team must convene to consider an amendment to the IEP to include homebound instructional services. 
2. Can schools conduct IEP meetings during school closures?  
3. Can alternative means of delivering instructional services meet the service requirements of the IEP? 
  • Yes, if appropriate and the school is providing instruction to students, alternative ways to provide special education services should be considered.  If this is not possible, the SAU must convene an IEP meeting when school resumes to determine if regression has occurred and to consider if compensatory services are needed. Based on current OSEP guidance, SAUs are not required to provide the exact service hours of the IEP but should develop plans that are appropriately designed to support student learning in an alternative context.
4. If a parent chooses to keep a child home during the outbreak, even though instructional services are provided by the SAU, does the SAU have a duty to provide FAPE?
  • No, if services are provided by the SAU, but the parent chooses not to access them, then the SAU’s FAPE duty is met.  In such instances, the SAU should follow their guidelines and policies regarding student attendance for all students.
5. Do SAUs need to amend IEPs to document alternative learning opportunities?
  • No, if the alternative learning is part of the overall school plan, it is considered an altered mode of delivery and the IEP does not need to be amended.  When the SAU reopens, the SAU may consider continuing an alternate or remote learning plan for some students. If this occurs, the IEP team must convene to amend the IEP to document the alternative instructional plan.
6. Can related services be provided through alternative means?
  • Yes, if appropriate for the individual student, services may be provided by alternative means.  These could include: virtual and tele-health services, or services provided in an alternate location.  The services are not based on a time requirement, but on the appropriateness of instruction and/or treatment.
7. Do special education timelines around conducting annual IEPs, re-evaluations (triennials), evaluations, and initial eligibility meetings continue through a school closure?
  • OSEP (Office of Special Education Programs) is having internal discussions regarding special education timelines and will provide guidance that supports flexibility around IDEA compliance requirements.  The Maine Department of Education will provide additional guidance and information once it is available from OSEP.
8. May Special Purpose Private Schools develop and implement alternative learning plans?
  • Yes, special purpose private schools may develop and implement alternative learning plans in cooperation with the sending SAUs. Instruction may include virtual instruction, online instruction, instructional telephone calls, and other curriculum based instructional activities. It may also include instruction in alternative settings.
9. Must Child Development Services (CDS) continue to provide early intervention services to infants and toddlers with disabilities during a COVID-19 outbreak if the offices are closed?
  • If CDS Early Intervening or provider offices are closed, then Part C services would not need to be provided to infants and toddlers with disabilities and their families during the closure.  When the offices re-open, the service coordinator and providers for each child must determine if the child’s needs have changed and whether the Individual Family Service Plan (IFSP) team needs to meet to review and possibly amend the child’s IFSP.  In the case of an extended closure, the IFSP team must meet to determine whether compensatory services are needed.
10. What if the CDS or provider offices are open, but they are unable to provide services specified on the child’s IFSP during a COVID-19 outbreak or the child is unable to participate in services?
  • CDS must ensure continuity of services based on individual needs through consideration of alternative means of providing services, such as consultative service to the parent or provision of services in an alternate location.  Once services are resumed, the service coordinator and provider must determine the need for an IFSP meeting to identify whether changes to the IFSP are needed.  If services are not provided for an extended period, the IFSP team must meet to determine whether compensatory services are needed.
11. May IDEA Part C funds be used for activities other than service provision during a COVID-19?
  • IDEA Part C funds may be used for activities that directly relate to providing and ensuring continuity of services to eligible families.  They may be used for dissemination of information and development of emergency plans that are specific to children with disabilities.  Other permitted uses of Part C funds include service provision and coordination, evaluations, and assessments.  IDEA Part C funds may not be used to administer future COVID-19 vaccinations.
12. Can IDEA Part B funds be used for activities associated with the COVID-19 outbreak?
  • Yes, IDEA Part B funds may be used to provide special education and related services associated with the COVID-19 outbreak to children with disabilities.  This includes dissemination of health information and development of emergency plans, as long as this is specific to children with disabilities.  IDEA Part B funds may not be used to provide general information or carry out activities that are not specific to children with disabilities.  SAUs may not use IDEA Part B funds to administer future vaccinations to any children.

Definitions


Compensatory Services are services that should be considered if the child cannot access instruction during a school closure.  This is not the same as Extended School Year services.

Educational Opportunity is access to instruction equally for all students.

Educational Services refer to what is included in an IEP. 

Extended School Year Services (ESY) are special education and related services that are provided to a child aged 3 to 20 with a disability, beyond the normal school year in any SAU or special purpose program. ESY services must be provided only if a child’s IEP Team determines, on an individual basis, in accordance with §§300.320 through 300.324 and MUSER IX.3 of this rule, that the services are necessary for the provision of FAPE to the child. In implementing the requirements of this section, SAUs may not limit extended school year (ESY) services to particular categories of disability, or unilaterally limit the type, amount, or duration of those services. [34 CFR 300.106]

FAPE refers to free appropriate public education, a right guaranteed under the Individuals with Disabilities Education Act to students with disabilities who are identified under special education.

Instruction may include virtual instruction, online instruction, instructional telephone calls, and other curriculum-based instructional activities.  Instructional telephone calls may refer to either instruction to a child or consultative support to a parent.

Related Services means transportation and such developmental, corrective, and other supportive services as are required to assist a child with a disability to benefit from special education, and includes speech-language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, early identification and assessment of disabilities in children, counseling services, including rehabilitation counseling, orientation and mobility services, and medical services for diagnostic or evaluation purposes. Related services also include school health services and school nurse services, social work services in schools, and parent counseling and training.

Special Purpose Service means a public or private program which is established specifically to serve children with disabilities
and/or developmental delays.

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