# data[].attributes.attachment_link.readable_text
Legislation was recently enacted, and a court case was recently decided, both of which provide that students with disabilities are eligible for transition services until they turn 22. If your child is still in school, please contact your school district to request that they continue transition services until they turn 22. If your child turned 21 on or after July 1, 2019, and their special education services ended before July 1, 2023, they are likely eligible for compensatory services for services not received before their 22nd birthday. In order to access those services, please contact your school district or transition program to re-enroll your child or discuss compensatory services.

If the school refuses your request to re-enroll your student or refuses your request for transition services, please contact the Minnesota Disability Law Center at 1-800-292-4150.
For other questions related to transition programming or services, please contact PACER Center at [email protected] or 952-838-9000.
Schedule PACER's Count Me In puppet show

Help bring the message of disability awareness and social inclusion to young children! This age-appropriate show features child-sized puppets that capture children's attention and imagination. The show educates, entertains, and inspires young children to be kinder, more accepting, and inclusive to all kids, especially children with disabilities.
Schedule a show
Sat., April 27, 2024
Minneapolis Convention Center

Mark your calendars for PACER's Annual Benefit! Join us for a night of celebrating and supporting our mission of improving educational opportunities and enhancing the quality of life for children and young adults with disabilities and their families.

Join Survey Monkey Contribute today!

# data[].attributes.attachment_link.title
PACER Center - Champions for Children with Disabilities

# data[].attributes.attachment_link.description
PACER Center's mission is to expand opportunities and enhance the quality of life of children and young adults with disabilities and provide family programs.

# data[].attributes.attachment_link.readable_text
Coronavirus (COVID-19) Main Web Page

Providing In-Person Specialized Supports and Services to Students with Disabilities

New Guidance (Posted 30-Sept-2020)
Is a Local Educational Agency (LEA) permitted to offer in-person supports and services to small groups of students with disabilities? Does the CDPH guidance related to cohorts apply to students age 18-22 participating in post-secondary programs that are provided through the K-12 school setting?
Yes. LEAs may serve small cohorts of students with disabilities ages 18-22 consistent with the CDPH guidance.
Does an LEA need to have received an elementary school waiver through the local public health office before offering in-person supports and services to small groups, consistent with the CDPH guidance related to cohorts?
No. The August 25, 2020 CDPH FAQ states "[t]he Cohorting Guidance applies to schools that cannot reopen for in-person instruction pursuant to the July 17 Framework, including elementary schools in those jurisdictions that have not received an elementary school waiver through the local public health office. Under these circumstances, school officials should develop and implement plans in collaboration with local health officials and school-based staff (including, if applicable, organized labor), but are not required to receive express approval from the local health department. They are, however, required to adhere to any applicable, more restrictive local public health directive. "

Distance Learning
Are there new requirements related to Individualized Education Programs (IEP) and distance learning?
Yes. On June 29, 2020, Governor Newsom signed the 2020 Budget Act and accompanying budget-implementing legislation, including Senate Bill (SB) 98 (Chapter 24, Statutes of 2020). SB 98 included notable changes related to special education and distance learning. The CDE posted related guidance on the CDE website at https://www.cde.ca.gov/sp/se/lr/om071520.asp.

SB 98, Section 66, amended Section 56345 of the Education Code ( EC) to require that Individualized Education Programs (IEP) include a description of the means by which the IEP will be provided under emergency conditions, in which instruction or services, or both, cannot be provided to the pupil either at the school or in person for more than 10 school days. This description must be included in the development of each initial IEP or addressed during the regularly scheduled revision of an IEP (e.g., annual IEP), and must take public health orders into account.
Where can I find more information about the requirements for distance learning and instructional time?
The CDE has established a webpage dedicated to providing guidance and resources for teachers and families in K-12 schools regarding high quality distance learning. The CDE's distance learning webpage can be accessed on the CDE's website at https://www.cde.ca.gov/ci/cr/dl/index.asp

In addition, the CDE has developed a frequently asked questions (FAQ) webpage addressing principal apportionment, instructional time, attendance accounting, attendance reporting and the Form J-13A for fiscal year (FY) 2020-21. The FAQ can be accessed on the CDE website at https://www.cde.ca.gov/fg/aa/pa/pafaqs.asp.
Do the requirements for distance learning and instructional minutes in the FY 2020-21 school year impact Specialized Academic Instruction on a student's IEP?
Specialized Academic Instruction (SAI) in a student's IEP (including minutes), like all aspects of the IEP, is determined by the IEP team. SAI is an instructional service and individualized based on student need. LEAs are required to implement IEPs.

Description of How the IEP Will be Provided Under Emergency Conditions
What are considered "emergency conditions"?
EC 46392 outlines what constitutes "emergency conditions" and includes: fire, flood, impassable roads, epidemic, earthquake, the imminence of a major safety hazard as determined by the local law enforcement agency, a strike involving transportation services to pupils provided by a non-school entity, and an order provided for in EC 41422.
Is the emergency conditions description part of the IEP or a separate document?
The description of the means by which the IEP will be provided under emergency conditions must be part of the IEP. SB 98 amended section 56345 of California Education Code, and added the requirement that an IEP include a description of the means by which the IEP will be provided under emergency conditions, effective July 1, 2020. It applies to the development of an initial IEP or the next regularly scheduled revision of the IEP (i.e. annual IEP) ( EC Section 56345(a)(9)(B)). Because all students must have an annual IEP, pursuant 34 C.F.R. 300.324(b)(1), all IEPs in the state should include this description by June 30, 2021.
Must the parent or student consent to the description required by EC 56345(a)(9)?
Yes. As a required component of the IEP, the description of the means by which the IEP will be provided under emergency conditions must be adopted by the IEP team at an IEP team meeting or through an amendment to the IEP. Parents/students are required members of the IEP team and thus will be involved in the development of this description through the IEP process. The LEA must obtain consent to the IEP consistent with applicable state and federal law.
How does the IEP requirement for a description of the means by which the IEP will be provided under emergency conditions impact the offer of a Free Appropriate Public Education (FAPE)?
The description of the means by which an IEP will be provided under emergency conditions is an element of the overall offer of FAPE, and should help an LEA to plan for how to address the needs of an individual student in an emergency.
What if the description of the means by which an IEP will be provided under emergency conditions inadequately addresses or anticipates the needs of the student in the event of an emergency?
IEP teams are required to meet when a student demonstrates a lack of expected progress (34 C.F.R. 300.324 (b)(1)(ii)). Additionally, the parent or the teacher may request an IEP meeting at any time ( EC 56343) to discuss and address any concerns with student access including a lack of resources, or ineffectiveness of the means by which the IEP is being provided under emergency conditions.

Teachers and parents are encouraged to work together to ensure that a student is able to access instruction and that the delivery of instruction is effective. The student's IEP can be changed or amended at any time with agreement from both the parents and the LEA.
Does an LEA need to wait 10 days before implementing the description of how the IEP will be implemented under emergency conditions IEP?
No. If the LEA has good reason to believe that, due to emergency conditions as described in EC 46392, instruction or services, or both, cannot be provided to the pupil either at the school or in person for more than 10 school days, the LEA may implement the provisions outlined in the description before 10 school days have elapsed.
Should the description of the means by which the IEP will be provided under emergency conditions required by EC 56345(a)(9) include provisions for how the LEA will deliver feedback and information to parents regarding a student's learning progress during the emergency closure?
While EC 56345(a)(9) does not specifically require including plans for delivering feedback and information regarding a student's progress, communication and collaboration between the local educational agency (LEA) and parent are vital to ensure educational progress. In addition, EC Section 43504(g) requires that, during the 20-21 school year, each school shall regularly communicate with parents and guardians regarding a pupil's academic progress.

Special Education Assessments
Must LEAs continue to conduct special education assessments while providing distance learning?
Yes. The U.S. Department of Education (USDOE) has not waived the requirement for LEAs to conduct a full and individual initial evaluation for a student suspected of having a disability, nor has the USDOE waived requirements relating to triennial assessments. Additionally, 34 C.F.R. §§ 300.101(b) and 300.124(b) are still in effect and require that an IEP or individual family service plan (IFSP) is developed by the third birthday of a child participating in Part C programs and who will participate in Part B preschool-age programs. The USDOE has encouraged LEAs to work with parents to reach mutually agreeable extensions of time, as appropriate, if the LEA or parent feels additional time is needed.
Can special education assessments be conducted in-person at this time?
Yes. Current guidance from the California Department of Public Health and the CDE does not expressly prohibit in-person assessments. Further, the CDPH's "Cohort" Guidance of August 25, 2020 permits in-person instruction and services, including assessments, if done in compliance with the Guidance, or if an elementary school has received a waiver of the school closure mandate from its local public health officer in accordance with the July 17, 2020 Framework for re-opening schools.

As stated in the CDE's April 9 2020 updated special education guidance ( https://www.cde.ca.gov/ls/he/hn/specialedcovid19guidance.asp), any in-person services or supports should "seek to comply with federal, state, and local health official's guidance related to physical distancing, with the goal of keeping students, teachers and service providers safe and healthy as the primary consideration". Each LEA will need to monitor current health conditions and determine appropriate measures regarding in-person assessments. Some assessments, or components of assessments, may be conducted virtually, and, in some cases, existing data may be used. As with all assessments, the LEA can work together with parents to determine which assessments are necessary and appropriate in order to evaluate eligibility for special education services.
Are the special education timeline waiver provisions included in Section 8 of Senate Bill 117 (Chapter 3, Statutes of 2020) still in place?
No. On September 18, 2020, the Governor approved Senate Bill (SB) 820 (Chapter 110, Statutes of 2020). Section 56 of SB 820 rendered SB 117, Section 8 inoperative on July 1, 2020. LEAs must adhere to all state and federal special education timelines, including those related to assessments and access to educational records.

Supporting Social-Emotional Wellness
If students are unable to meaningfully engage in distance learning due to social-emotional and/or mental health needs, what support should the LEA provide? What are the state and federal mandates?
Students with disabilities are required to have educational programs that are designed to meet their specific individual needs. IEP teams are required to monitor students for educational progress and revise the IEP for any lack of expected progress toward the student's annual goals and in the general education curriculum (34 C.F.R 300.324 (b)(1)(ii)). Additionally, the IEP team for a student with disabilities whose behavior impedes learning is required to consider the use of positive behavioral interventions and supports (34 C.F.R 300.324 (a)(2)(i)).

In addition, EC 43503 (b) requires that distance learning include several components, including:

(3) Academic and other supports designed to address the needs of pupils who are not performing at grade level, or need support in other areas, such as . . . pupils with exceptional needs . . .

(4) Special education, related services, and any other services required by a pupil's individualized education program pursuant to Section 56341, including the requirements of subparagraph (A) of paragraph (9) of subdivision (a) of Section 56345, with accommodations necessary to ensure that individualized education program can be executed in a distance learning environment.

Further, an LEA's learning continuity and attendance plan required for the 20-21 school year must outline what additional supports will be provided for pupils with exceptional needs served across the full continuum of placements during the period in which distance learning is provided (EC 43509(a)(1)(A), (e), (f)(1)(B)(vi)).
What is the LEA's responsibility to provide educationally related mental health services (ERMHS) services in the IEP while the LEA is providing distance learning?
Supporting social-emotional and mental health needs of students is critical during this time. EC 43503 (b)(4) requires that distance learning include "special education, related services, and any other services required by a pupil's individualized education program pursuant to Section 56341, including the requirements of subparagraph (A) of paragraph (9) of subdivision (a) of Section 56345, with accommodations necessary to ensure that individualized education program can be executed in a distance learning environment." Therefore, the LEA should ensure that the IEP, including ERMHS when required by the IEP, can be executed in a distance learning environment. With that said, LEA's may not be able to provide all services in the same manner that they are typically provided during this COVID-19 pandemic.

According to the United States Department of Education (USDOE) Office of Special Education Program's (OSEP) March 21, 2020 guidance, "[T]hese exceptional circumstances may affect how all educational and related services and supports are provided . . . the provision of [free and appropriate public education (FAPE)] may include, as appropriate, special education and related services provided through distance instruction provided virtually, online, or telephonically . . . schools may not be able to provide all services in the same manner that they are typically provided . . . federal disability law allows for flexibility in determining how to meet the individual needs of students with disabilities. The determination of how FAPE is to be provided may need to be different in this time of unprecedented national emergency." To review OSEP's March 21, 2020 guidance titled " Supplemental Fact Sheet Addressing the Risk of COVID-19 in Preschool, Elementary and Secondary Schools While Serving Children with Disabilities", visit the USDOE website at https://bit.ly/2VdoJn6.

Updated Resources
Has the USDOE issued additional guidance since April 2020? Are there updated resources to support parents, students, families, and LEAs during this time?

Highlighting and sharing best practices from LEAs and educators across the state

Discussing critical parent partnerships and outlining resources for parents of students with disabilities

Addressing critical transitions in special education via distance learning: preschool to K-12 and post-secondary transition

Addressing the behavioral and mental health needs of students

Highlighting strategies to serve students with disabilities that have unique, extensive support needs

The CDE has also been working with Special Education Local Plan Area leads within the state System of Support to develop targeted resources for distance learning. Those resources can be accessed on the following websites:

Earlier Guidance

09-Apr-2020

The United States is currently experiencing a pandemic emergency due to the threat of novel coronavirus (COVID-19). On March 13, 2020, Governor Newsom signed Executive Order N-26-20 requiring the California Department of Education (CDE) to issue guidance on several topics, including ensuring students with disabilities (SWD) receive a free appropriate public education (FAPE) consistent with their individualized education program (IEP) and meeting other procedural requirements under the Individuals with Disabilities Education Act (IDEA) and California law. Initial guidance on services to students with disabilities was provided on March 20, 2020.

The following guidance provides additional information based on questions received by the CDE in recent weeks. We will continue to update the guidance on this web page as necessary in response to any guidance from the U.S. Department of Education or waivers of any laws or regulations pertaining to special education services.

1. Must all Individualized Education Programs (IEPs) be amended to reflect the change to distance learning?

No, not all IEPs will need to be amended. In response to the Governor's Executive Order, schools are physically closed, and local educational agencies (LEAs) are to provide educational services through alternative options such as distance learning. Under this unique circumstance, in the CDE's view it is not necessary for an LEA to convene an IEP team meeting, or propose an IEP amendment without a team meeting, for every student, solely for the purpose of discussing the need to provide services away from school, because that change must necessarily occur due to the COVID-19 pandemic. Similarly, in the CDE's view, it is not necessary for an LEA to obtain the parent's written consent to provide previously agreed-upon services, away from school. The IEP that was in effect at the time of physical school closure remains in effect, and LEAs should, to the greatest extent possible, continue to provide the services called for in those IEPs in alternative ways.

According to the United States Department of Education (USDOE) Office of Special Education Program's (OSEP) March 21, 2020 guidance, "[T]hese exceptional circumstances may affect how all educational and related services and supports are provided . . . the provision of [free and appropriate public education (FAPE)] may include, as appropriate, special education and related services provided through distance instruction provided virtually, online, or telephonically . . . schools may not be able to provide all services in the same manner that they are typically provided . . . federal disability law allows for flexibility in determining how to meet the individual needs of students with disabilities. The determination of how FAPE is to be provided may need to be different in this time of unprecedented national emergency." To review OSEP's March 21, 2020 guidance titled " Supplemental Fact Sheet Addressing the Risk of COVID-19 in Preschool, Elementary and Secondary Schools While Serving Children with Disabilities", visit the USDOE website at https://bit.ly/2VdoJn6.

However, there may be instances when amending the IEP to reflect the change to distance learning might be necessary and/or appropriate. LEAs may convene an IEP team meeting, or propose an IEP amendment without a team meeting, particularly where it is deemed necessary to address unique circumstances related to alternative service delivery. ( See 20 USC 1414 (d)(4)(A); 20 USC 1414 (d)(3)(D); 34 C.F.R. § 300.324.) Parents too may request an IEP meeting or propose an IEP amendment, pursuant to Education Code § 56343, subdivision (c). Some LEAs and parents have agreed to amend the IEP by incorporating a distance learning plan outlining the special education and related services being provided to the student during the temporary, emergency situation created by the COVID-19 pandemic.

At this time, LEAs should necessarily be focused on serving each and every student. OSEP's March 21, 2020 guidance clarifies that "ensuring compliance with the Individuals with Disabilities Education Act . . . should not prevent any school from offering educational programs through distance instruction." The CDE recognizes that due to the emergency situation created by the COVID-19 pandemic, it will take time for LEAs to determine their continuum of services during school site closures and provide information to parents and students about the services being offered. As such, communication and collaboration are vital. It is recommended that LEAs maintain regular communication with parents of students with disabilities about their efforts to transition to distance learning, plans to ensure access for all students, and to identify and address any immediate support needs when feasible.

2. Is an LEA precluded from providing services to students with disabilities in-person or in the home for the purpose of supporting the student in accessing the alternative options for learning being offered?

No. In some exceptional situations, LEAs may need to provide certain supports and services to individual students in-person in order to maintain students' mental/physical health and safety for the purpose of supporting the student in accessing the alternative options for learning being offered (e.g. distance learning). With that said, alternative service delivery options should seek to comply with federal, state, and local health official's guidance related to physical distancing, with the goal of keeping students, teachers and service providers safe and healthy as the primary consideration.

In such cases, service providers may be considered "Essential Critical Infrastructure Workers" under Executive Order N-33-20. To review the list of "Essential Critical Infrastructure Workers", see the California Coronavirus (COVID-19) Response website at https://covid19.ca.gov/img/EssentialCriticalInfrastructureWorkers.pdf.

For example, the list of essential workers in the healthcare/public health sector includes:

3. I'm a parent of a student with a disability and I have questions about my child's IEP. Where can I go for information and support?

Questions about your student's IEP and educational program in light of school site closures and the COVID-19 pandemic should be discussed with your school or district. Schools across the state are responding to the COVID-19 pandemic in different ways, specific to the school's regional context. The CDE encourages parents to reach out to their school or district office to have a conversation about the impact of the pandemic on their student's education and collaborative ways to support the student during this time.

Parents of students with disabilities may also reach out to California's parent organizations offering support and resources to families of students with disabilities. Information on parent organizations can be accessed on the CDE website at https://www.cde.ca.gov/sp/se/qa/caprntorg.asp.

In addition, the Understood.org website is an example of numerous state and national organizations offering practical advice and strategies for parents and caregivers during this crisis. A link to COVID-19 resources for parents and families developed by Understood can be accessed on the Understood.org website at https://www.understood.org/en/school-learning/coronavirus-latest-updates.

4. What should an LEA do if it has closed school sites due to COVID-19 and is unable to meet the obligation to have an IEP or an Individual Family Service Plan (IFSP) in effect for a child transitioning from Part C to Part B no later than the child's third birthday?

34 C.F.R. §§ 300.101(b) and 300.124(b) require that an IEP or IFSP is developed and is being implemented by the third birthday of a child participating in Part C programs and who will participate in Part B preschool programs. The U.S. Department of Education has not waived or exempted this requirement. Either an IEP or IFSP must be developed and implemented by the child's third birthday. To meet this obligation, teams may conduct meetings virtually via telephone, videoconference, or other means.

5. If IEP teams meet virtually while school sites are closed due to COVID-19, how should parent consent be obtained? Is verbal consent sufficient?

34 C.F.R. § 300.9(b) states that "consent" means in part ". . .the parent understands and agrees in writing. . .". Thus, verbal consent alone is not sufficient. However, the IDEA does not specify how written consent must be obtained. Therefore, LEAs that wish to utilize electronic or digital signatures for consent may do so if they choose. Options for electronic signatures or digital signatures could include but are not limited to use of applications such as HelloSign, DocuSign, Adobe Sign, as well as scanned copies or photographs of signed signature pages. For record keeping purposes, it is recommended that LEAs maintain documentation as proof of consent, including printed or mailed copies of signed documents.
For more information on general electronic signature requirements for public agencies in California, please refer to Government Code § 16.5, and Title 2 of the California Code of Regulations, §§ 22000 et seq.

March 20, 2020

The United States is currently experiencing a pandemic emergency due to the threat of novel coronavirus (COVID-19). On March 13, 2020, Governor Newsom signed Executive Order N-26-20 ensuring State funding for Local Educational Agencies (LEA) in the event of physical closure due to the threat of COVID-19. The Executive Order requires the California Department of Education (CDE) to issue guidance on several topics, including ensuring students with disabilities (SWD) receive a free appropriate public education (FAPE) consistent with their individualized education program (IEP) and meeting other procedural requirements under the Individuals with Disabilities Education Act (IDEA) and California law.

At this time, the federal government has not waived the federal requirements under the Individuals with Disabilities Education Act (IDEA). To review guidance from the USDOE titled " Questions and Answers on Providing Services to Children with Disabilities During the Coronavirus Disease 2019 Outbreak," visit the USDOE website at https://www2.ed.gov/policy/speced/guid/idea/memosdcltrs/qa-covid-19-03-12-2020.pdf. The CDE and the California State Board of Education (SBE) are working with the United States Department of Education (USDOE) to determine what flexibilities or waivers may be issued in light of the extraordinary circumstances. Until and unless USDOE ultimately provides flexibilities under federal law, LEAs should do their best in adhering to IDEA requirements, including federally mandated timelines, to the maximum extent possible. LEAs are encouraged to consider ways to use distance technology to meet these obligations. However, the CDE acknowledges the complex, unprecedented challenges LEAs are experiencing from the threat of COVID-19. As such, the CDE is committed to a reasonable approach to compliance monitoring that accounts for the exceptional circumstances facing the state.

The CDE appreciates the difficult decisions that LEAs and families are faced with as we grapple with this unprecedented crisis. The CDE has formed a workgroup of special education practitioners and other experts to help brainstorm best practices that we plan to share in the coming weeks. In addition, resources for addressing the needs of students with disabilities are provided in this guidance and in the CDE's guidance on distance learning at https://www.cde.ca.gov/ls/he/hn/guidance.asp. We will update this guidance as necessary in response to any guidance from the U.S. Department of Education or waivers of any laws or regulations pertaining to special education services.

The following answers to frequently asked questions received by the CDE provides guidance on topics relevant to serving students with disabilities.

1. If an LEA offers distance learning for instructional delivery in lieu of regular classroom instruction during a school site closure for students, what is the obligation to implement the IEP for students with disabilities?

As a result of Governor Newsom's Executive Order N-26-20, schools will receive funding to continue delivering educational opportunities to students to the extent feasible through, among other options, distance learning and/or independent study. When an LEA continues to provide educational opportunities to the general student population during physical school site closures, the LEA must ensure that students with disabilities have equitable access to comparable opportunities, appropriately tailored to the individualized need of a student to ensure meaningful access, as determined through the IEP process to the extent feasible.

If the LEA can continue providing special education and related services as outlined in the IEP, or an agreed upon amendment to the existing IEP, through a distance learning model, they should do so. The LEA can also consider alternative service delivery options such as in-home service delivery, meeting with individual students at school sites, or other appropriate locations to deliver services. Further, LEAs are encouraged to work collaboratively with Nonpublic Schools and Agencies (NPS/As) to ensure continuity of services, including moving to virtual platforms for service delivery to the extent feasible and appropriate.

These alternative delivery options should seek to comply with federal, state, and local health official's guidance related to social distancing, with the goal of keeping students, teachers and service providers safe and healthy. Teachers and specialists should work collaboratively to ensure instruction is accessible for the student based on the student's individualized needs. Given the unprecedented situation created by the threat of COVID-19, exceptional circumstances may affect how a particular service is provided under a student's IEP. In such a situation, the IEP team will need to make individualized decisions regarding whether compensatory services are required when the regular provision of services resumes.

Further guidance on distance learning, including considerations for students with disabilities, can be accessed on the CDE website athttps://www.cde.ca.gov/ls/he/hn/guidance.asp.

2. What is considered equitable access for students with disabilities?

When an LEA provides services to students during a school site closure, the LEA must provide equitable access to those services for students with disabilities, with services appropriately tailored to the individualized needs of students, to the greatest extent possible. When LEAs are providing instruction through a distance learning model to replace what would have been provided in the classroom, LEAs must create access to the instruction for students with disabilities, including planning for appropriate modifications or accommodations based on the individualized needs of each student and the differences created by the change in modality (e.g. virtual vs. classroom-based). Educational and support services provided should be commensurate with those identified in the IEP for each student to ensure educational benefit.

For example, LEAs may consider the use of accessible distance technology, instructional phone calls, and other curriculum-based activities that have been scaffolded based on student need. More information on accessibility and distance learning can be accessed on the CDE website at https://www.cde.ca.gov/ls/he/hn/appendix2.asp.

In some cases, it may be appropriate for LEAs to consider providing classroom-based instruction to small groups of students with disabilities that have extensive support needs, despite the fact that the school site has closed, consistent with federal, state, and local health directives related to COVID-19. Alternative service delivery options should seek to comply with federal, state, and local health official's guidance related to social distancing, with the goal of keeping students, teachers and service providers safe and healthy. There is no single service delivery method that will meet the needs of every student. Therefore, LEAs should consider employing a variety of service delivery options. The CDE has convened a work group of special educators to develop more specific guidance for operationalizing such strategies, including examples from California LEAs.

3. If distance learning is provided in some capacity but does not mirror the offer of FAPE in the IEP, will compensatory services be required once an LEA resumes the regular school session?

Once the regular school session resumes, LEAs should plan to make individualized determinations, in collaboration with the IEP team, regarding whether or not compensatory education and services may be needed for a student. Educational need can be measured by assessing whether or not the student continued making progress in the general education curriculum, or alternative course of study specified in their IEP, or toward meeting their individualized IEP goals and/or if any regression occurred during the period of school site closure.

4. Is the CDE encouraging continued utilization of and payment to Nonpublic Schools and Agencies (NPS/As)?

Yes. California NPS/As provide critical programs and related services to students with disabilities. LEAs should work collaboratively with NPS/As to ensure continuity of services, including moving to virtual platforms for service delivery to the extent feasible and appropriate. In an effort to ensure that the full continuum of placements and service delivery options remains available to students and LEAs subsequent to these unprecedented school site closures, CDE encourages LEAs to continue to use the services of NPS/As during school site closures, including distance learning options made available by NPS/As, so that NPS/As may continue to receive payment in accordance with pupils IEPs and the Master Contracts/Individual Service Agreements between LEAs and NPS/As.

5. When school sites are closed and no services or instruction are being provided for a period of time, can LEAs consider providing some special education services to some students? How should LEAs determine what services can or should be provided?

Yes. To be clear, CDE is not recommending this as an option. Consistent with Executive Order N-26-20, LEAs are continuing to receive ADA funding during school site closures so they will continue to provide services to all students, including students with disabilities. Should services be discontinued for a period of time, LEAs and IEP teams would be required to make an individualized determination as to whether compensatory services are needed once services resume.

At this uncertain time, it is imperative to keep the safety of students as the primary consideration for every decision made. As LEAs strive for equitable supports and services for students, in some exceptional situations, LEAs may need to provide certain supports and services to individual students with extensive support needs in order to maintain their mental/physical health and safety. The LEA may provide such services, even if the services are not available to all students with disabilities during a school site closure. As such, LEAs should make individualized determinations about the need to provide services to ensure the mental/physical health and safety of a student with a disability, even during a school site closure, if those services are able to be provided consistent with federal, state, and local health directives.

6. How will state and federal grants be impacted by school site closures (e.g. Alternative Dispute Resolution, Workability, Supporting Inclusive Practices, etc.)?

Federal and state grants already funded should continue with their program deliverables. In cases where grant deliverables cannot be provided, grantees should work with their CDE program and fiscal contact to determine next steps. If grants have scheduled in-person conferences, institutes, training, or workshops they should be rescheduled or delivered virtually. Any grant amendments or change in due date for expenditure reports will need to be done on a case by case basis due to the specific requirements of funding sources.

7. What is the impact of school site closures on special education monitoring timelines and processes?

At this time, the federal government has not waived the federal requirements under the IDEA. However, giventhe complex, unprecedented challenges LEAs are experiencing from the threat of COVID-19,the CDE is committed to a reasonable approach to compliance monitoring that accounts for the exceptional circumstances facing the state. If an LEA is having difficulty meeting timelines or has questions related to timelines, please contact your regional Intensive Monitoring Consultant. A list of regional consultants is available at https://www.cde.ca.gov/sp/se/qa/fmtacncnt.asp.

8. What is the impact of school site closures on state complaints and due process hearings under the IDEA?

Regarding the state complaint process, in light of widespread school site closures and the inability of LEAs to meaningfully respond to complaint investigations, the CDE will be extending current complaint investigation timelines for good cause by the length of any school site closure during the stated emergency. It is anticipated that once LEAs reopen and are available to participate in the investigation process, the 60-day timeline will recommence and both the complainant and LEA will be notified. The CDE will continue to receive complaints that allege violations of the IDEA and complainants will be notified of any delay that may impact the investigation.

Currently, California's system for due process hearings and mediation through the Office of Administrative Hearings (OAH) remains operational, although some processes and/or timelines may be impacted by widespread school site closures and in order to maintain compliance with federal, state, and local health directives related to COVID-19. Updated information on the impact of COVID-19 on special education due process hearings can be accessed on the OAH's website athttps://www.dgs.ca.gov/OAH/Case-Types/Special-Education/Resources/SE-Coronavirus-Update/#@ViewBag.JumpTo.

9. What is the impact on services to students with disabilities served by Part C of the IDEA?

For information related to the impact of the COVID-19 response on services to students with disabilities, ages 0 to 3, served under Part C of the IDEA, please visit the California Department of Developmental Services website athttps://www.dds.ca.gov/corona-virus-information-and-resources/

In addition, IDEA Part C and COVID-19 are addressed in guidance from the USDOE's Office of Special Education Programs, which can be accessed on the USDOE website at https://www2.ed.gov/policy/speced/guid/idea/memosdcltrs/qa-covid-19-03-12-2020.pdf.

10. Where can I find more guidance and resources related to serving students with disabilities, distance learning, and online accessibility?

Questions: California Department of Education | 916-319-0800

Last Reviewed: Tuesday, March 29, 2022

# data[].attributes.attachment_link.description
This page contains information pertaining to school closures and services to students with disabilities.

# data[].attributes.attachment_link.readable_text
Author: Dr. Marquita Grenot-Scheyer, Assistant Vice Chancellor for Educator Preparation and Public School Programs

Affiliation: CSU Chancellor's Office

Welcome to the new Educator Preparation & Public School Programs Diversity Toolkit blog. Research and practice show us that diverse educators in schools can result in several academic and social benefits. Diverse teachers serve as strong role models for students of color, as they can relate and affirm the life and cultural experiences of their students. Teachers of color tend to have higher academic expectations for minority students, which may result in increased academic and social growth among students. These teachers also develop trusting relationships with students of color and are often better able to mitigate tensions arising from racial discrimination. Finally, all students benefit from being educated by teachers from a variety of backgrounds, races, and ethnic groups, as this experience better prepares them to succeed in an increasingly diverse society.

I hope you will agree that our collective work should be focused on preparing all of our candidates to disrupt systemic inequities and to be change agents in their local contexts. As part of these efforts to ensure a diverse and well-prepared teaching force for our schools, my team and I are launching this blog, which will highlight resources and tools that are being implemented throughout the system. This effort is in support of Graduation Initiative 2025 to ensure that students who come to the CSU are academically prepared and integral to our department's vision and missionto ensure equity and excellence in education. Our work also reflects and aligns with initiatives from the preeminent national organization, the American Association of Colleges for Teacher Education (AACTE).

The vision for this Toolkit is that it will serve as an online database designed to promote diversity, equity, and inclusion in teacher education. The Toolkit provides a searchable and expanding database of more than 250 resources recommended by teacher educators to help support your work to recruit, prepare, and retain a diverse teaching force. A faculty advisory group will assist the Chancellor's office team in reviewing and selecting resources to be posted.

My hope is that faculty, staff, and administrators will use the Toolkit to engage deeply in the complex work regarding recruitment, retention, and preparation of our candidates and, further, that you will make contributions to the Toolkit. I would also encourage you to read the inspiring stories of teachers and educators who launched their career at a California State University campus.

Let me close by thanking members of the department team who have developed and will facilitate this work: Claire Cavallaro, Ken Futernick, and Ruth Yopp-Edwards. I also want to thank our thought partners at the S.D. Bechtel Junior Foundation, Macy Parker and Jana Luft, for their ongoing commitment and support of our work.

If you have comments you want to share with other users, please submit them below along with a subject.

# data[].attributes.attachment_link.description
Author: Dr. Marquita Grenot-Scheyer, Assistant Vice Chancellor for Educator Preparation and Public School Programs Affiliation: CSU Chancellor's Office Welcome to the new Educator Preparation & Public School Programs Diversity Toolkit blog. Research and practice show us that diverse educators in schools can result in several academic and social benefits.

# data[].attributes.attachment_link.description
Research shows that students who feel safe and supported by adults at school are better able to learn.

# data[].attributes.attachment_link.description
Habits of Mind is a set of 16 mindsets that intelligent people use to approach problems. By studying and learning about these habits, students will gain the skills needed to solve problems strategically and with persistence. Challenges arise every day, but students can learn to think differently about the ways they engage with the challenges they face.

# data[].attributes.attachment_link.title
Using Student Achievement Data to Support Instructional Decision Making

# data[].attributes.attachment_link.title
The art of engagement: classroom management now matters more in teacher training | EdSource

# data[].attributes.attachment_link.title
Welcome to Our New Series on High-Leverage Practices

# data[].attributes.attachment_link.description
This introductory video introduces and defines high-leverage practices (HLPs) and provides a roadmap for the remainder of the HLP Video Series.

# data[].attributes.attachment_link.readable_text
In Support of Employment.

Special accommodations is our hallmark by creating job training for any adult with a developmental disability.

Where People Love Their Work.

Putting our commercial divisions to work supports our mission and gives purpose and jobs to our client workforce.

Handled with Care.

Our day programs emphasize life skills that have proven successful for over sixty years, overseen daily by skilled, caring, and credentialed staff.

Trained drivers travel an average of 2,150 miles a day to provide safe transportation for our client workforce.

# data[].attributes.attachment_link.description
In Support of Employment. Special accommodations is our hallmark by creating job training for any adult with a developmental disability. Where People Love Their Work. Putting our commercial divisions to work supports our mission and gives purpose and jobs to our client workforce. Handled with Care.

# data[].attributes.attachment_link.provider_name
The Arc of Butte County | Nonprofit Charitable Community Organization Serving Individuals with Developmental Disabilities and their Families in CA | Family Support Services, Independent Living Skills Training, Adult Day Programs, Respite Care Services, Arc Advocacy

# data[].attributes.attachment_link.readable_text
The Arc of Butte County is a nonprofit, charitable community organization, on a mission since 1953 to help individuals with developmental disabilities and their families live meaningful lives!

Dedicated to ensuring the opportunity for individuals with developmental disabilities to realize goals and enhance their quality of life, The Arc of Butte County began as a group of parents seeking support and guidance from each other, as well as their government.

Our local Arc chapter joined a network of state and national chapters to effectively advocate for improvements in the lives of individuals with developmental disabilities. The Arc of Butte County joins The Arc organization in promoting and protecting the human rights of people with intellectual and developmental disabilities and actively supports their full inclusion and participation in the community throughout their lifetimes.

# data[].attributes.attachment_link.description
Dedicated to ensuring the opportunity for individuals with developmental disabilities to realize goals and enhance their quality of life, The Arc of Butte County began as a group of parents seeking support and guidance from each other, as well as their government.

# data[].attributes.attachment_link.title
PBIS World | A Complete Tier 1 Through Tier 3 Positive Behavior Interventions & Supports System

# data[].attributes.attachment_link.description
PBIS World is in no way affiliated, associated, or connected with any other website, entity, organization, or federal, state, local, or other government agency, department, program, policy, organization, or initiative.

# data[].attributes.attachment_link.description
Functional teaching ideas for multi-needs special education, with a transition / life skills focus.

# data[].attributes.attachment_link.description
The most complete and current symbol set gives teachers special education resources to easily create quick, interactive communication.

# data[].attributes.attachment_link.title
American Council on Rural Special Education | Home

# data[].attributes.attachment_link.description
The American Council on Rural Special Education (ACRES) is a non-profit organization committed to the enhancement of services to children and adults with exceptionalities living in rural communities.

# data[].attributes.attachment_link.readable_text
AFIRM Modules are designed to help you learn the step-by-step process of planning for, using, and monitoring an evidence-based practice (EBP) with learners on the spectrum from birth to 22 years of age. Supplemental materials and handouts are available for download.

Download an overview of the Components of AFIRM to learn about modules, resources, and professional development options.

Visit the Learn with AFIRM section to find out more.

To learn more about the updated EBPs, check out the National Clearinghouse on Autism Evidence and Practice website.

Introduction to Autism

Selecting an Evidence-Based Practice

AFIRM for Paraprofessionals: Simulated E-Learning

These simulated learning modules include brief overviews, video examples, and activity-based scenarios to learn foundational EBPs.

Reinforcement: Introduction & Practice

Prompting: Introduction & Practice

Supporting Peer Interactions: Introduction & Practice

Time Delay: Introduction & Practice

Visual Cues: Introduction & Practice

AFIRM for Toddlers

AFIRM for Toddlers are a set a of modules developed in collaboration with the Early Childhood Technical Assistance Center for early interventionists working with toddlers, families, and early care providers.

AFIRM for Toddlers Introduction

Behavior Supports for Toddlers

Naturalistic Interventions in the Child Care Setting

Parent-Implemented Interventions in the Home Setting

Reinforcement

Prompting

Visual Supports

Available Evidence-Based Practice Modules

The National Clearinghouse on Autism Evidence and Practice (NCAEP) identified 28 EBPs based upon a systematic review. The EBP modules are designed to help you learn the step-by-step process for planning for, using, and monitoring an EBP with learners with autism from birth to 22 years of age.

Augmentative & Alternative Communication

Antecedent-Based Interventions

Ayres Sensory Integration®

Behavioral Momentum Intervention

Cognitive Behavioral Intervention

Direct Instruction

Differential Reinforcement

Discrete Trial Training

Exercise

Extinction

Functional Behavioral Assessment

Functional Communication Training

Modeling

Music-Mediated Intervention

Naturalistic Intervention

Peer-Mediated Instruction & Intervention

Parent-Implemented Intervention

Prompting

Reinforcement

Response Interruption/ Redirection

Self-Management

Social Narratives

Social Skills Training

Task Analysis

Technology-Aided Instruction & Intervention

Time Delay

Video Modeling

Visual Supports

Available Supplemental Modules

Several EBPs identified in the previous review (Wong et al., 2014) were recategorized or reclassified in the most recent review by the National Clearinghouse on Autism Evidence & Practice (see Steinbrenner et al., 2020, p. 30 for details). The four modules below will remain available for AFIRM users as supplemental materials:

Picture Exchange Communication System

Pivotal Response Training

Scripting

Structured Play Groups

# data[].attributes.attachment_link.description
AFIRM Modules AFIRM Modules are designed to help you learn the step-by-step process of planning for, using, and monitoring an evidence-based practice (EBP) with learners on the spectrum from birth to 22 years of age. Supplemental materials and handouts are available for download.

# data[].attributes.attachment_link.readable_text
Intensive TA involves the CEEDAR Center developing ongoing relationships and providing products and services to key stakeholders in selected states to assist in reforming their existing systems of teacher and leader preparation. The CEEDAR Center selected 20 states to receive intensive TA, beginning with five in 2013. In each intensive state, the CEEDAR Center established intensive TA partnerships with the SEA, at least three IHEs, and interested LEAs. System reform and improvement efforts included (a) revising licensure and certification standards, (b) enhancing content, structure, and practice in teacher education and leader education programs, and (c) refining statewide data systems to improve these teacher and leader programs.

# data[].attributes.attachment_link.description
Intensive TA involves the CEEDAR Center developing ongoing relationships and providing products and services to key stakeholders in selected states to assist in reforming their existing systems of teacher and leader preparation. The CEEDAR Center selected 20 states to receive intensive TA, beginning with five in 2013.

# data[].attributes.attachment_link.provider_name
High-Leverage Practices in Special Education

# data[].attributes.attachment_link.readable_text
How the videos are designed:

Introduction and definition of each HLP

Brief review of the research

Several brief videos of general education and special education teachers implementing the practice

What the videos are:

A resource to augment training/professional learning

A demonstration of HLP practice across degrees of intensity

A portrayal of teachers' implementation of an HLP

What the videos are not:

A complete resource for training/professional learning

A demonstration of each tier across various settings

A depiction of all features of quality instruction/student engagement

Promoting the use of practices that would replace the need for intense, data-driven decisions and interventions provided by special educators or other specialists

While permission to use this video is not necessary, the citation should be: Kennedy, M. J., Peeples, K. N., Romig, J. E., Mathews, H. M., Rodgers, W. J. (2018). High-leverage practice #16: Use explicit instruction. https://highleveragepractices.org/701-2/.

This content was produced under U.S. Department of Education, Office of Special Education Programs, Award No. H325412003 & S283B120021-12A . Bonnie Jones and David Guardino serve as the project officers. The views expressed herein do not necessarily represent the positions or policies of the U.S. Department of Education. No official endorsement by the U.S. Department of Education of any project, commodity, service, or enterprise mentioned in this website is intended or should be inferred.

# data[].attributes.attachment_link.description
How the videos are designed: Introduction and definition of each HLP Brief review of the research Several brief videos of general education and special education teachers implementing the practice What the videos are: A resource to augment training/professional learning A demonstration of HLP practice across degrees of intensity A portrayal

# data[].attributes.attachment_link.description
After months of eager anticipation, the day finally arrives. You pack your bags and off you go. Several hours later, the plane lands. The stewardess comes in and says, "Welcome to Holland."