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California Department of Education - Resources that Support Distance Learning

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California Department of Education - Resources that Support Distance Learning

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Coronavirus (COVID-19) Main Web Page
Distance Learning Main Web Page

This information was formerly titled Distance Learning published on March 17, 2020.

On March 13, 2020, Governor Gavin Newsom issued Executive Order N-26-20 regarding the physical closure of schools by local educational agencies (LEAs) in response to the COVID-19 pandemic. The order provides that even if schools close temporarily because of COVID-19, LEAs will continue to receive state funding for those days so that they can:

Continue delivering high-quality educational opportunities to students to the extent feasible through, among other options, distance learning and/or independent study;

Provide school meals in non-congregate settings through the Summer Food Service Program and Seamless Summer Option, consistent with the requirements of the California Department of Education and U.S. Department of Agriculture;

Arrange for, to the extent practicable, supervision for students during ordinary school hours; and

Continue to pay employees.

This guidance provides a framework for how LEAs can continue to deliver high-quality educational opportunities to students when the school site is physically closed and the LEA has suspended onsite instruction. In providing this instruction, it is critical that LEAs take steps to ensure that these opportunities are available to all students to the greatest extent possible, including economically disadvantaged students, students with disabilities, and English learners.

Distance Learning

This document provides guidance concerning how districts can provide distance learning opportunities for students. In addition to the guidance, a set of Appendices provides curated distance learning resources and information about contributions from many organizations that you can use to expand access for students to WiFi, devices, and learning opportunities that are not device-dependent. CDE is also connecting with other vendors, including publishers, who are providing free access to their materials, products, and programs over the coming months.

We anticipate that the list of resources will be regularly updated. That information will be available on the CDE Coronavirus (COVID-19) web page and updated on an ongoing basis. CDE will also update this guidance as necessary to reflect additional information as it becomes available. In addition, educators can learn more about how to teach on-line through any of a number of courses, including those listed on Get Educated and here Google for Education .

Considerations for Developing a Distance Learning Plan

For the purpose of this guidance, "distance learning" means instruction in which the student and instructor are in different locations. This may include interacting through the use of computer and communications technology, as well as delivering instruction and check-in time with their teacher. Distance learning may include video or audio instruction in which the primary mode of communication between the student and instructor is on-line interaction, instructional television, video, telecourses, or other instruction that relies on computer or communications technology. It may also include the use of print materials incorporating assignments that are the subject of written or oral feedback.

School districts, county offices of education, and charter schools (local educational agencies/LEAs) should immediately begin developing a plan for distance learning for their students and providing training and professional development for their teachers to implement the adopted distance learning strategy as effectively as possible. LEAs will need to assess their ability to deliver instruction both in an online setting and also in a non-technological setting, keeping in mind that not all children and families have access to devices or high-speed internet, and that the LEA may not be able to meet the needs of all its students through online instruction.

Elements of the plan might include, but not be limited to, the following:

Short- and long-term goals, accounting for the length of time currently planned for the school site to be closed and for the possibility that the closure may need to be extended based on the best evidence available in the future

Plan to assist teachers in analyzing the course sequence prior to closure so that they can develop a plan to cover the content and standards necessary to complete the planned course syllabus and to provide training on how to continue to deliver instruction

Continuum of delivery options for various grade levels, such as a fully online curriculum or online curriculum with individualized or small group interaction with teachers.

Continuum of delivery methods, such as a combination of technology, innovative use of other media (such as television), paper packets, or onsite meetings for a limited number of students, consistent with social distancing requirements

Plan for how to allow teachers to engage with one another to calibrate on offerings for students, exchange of effective practices, or adjusting approaches to ensure engagement with students.

This document is organized to provide specific guidance for different scenarios a school or district may need to consider in order to create a plan for distance learning during this time of school closures. In addition, Appendix 1 offers a wide range of resources, and Appendix 2 offers concrete guidance for remote learning assembled by a number of California districts and county offices, led by the Riverside County Office of Education. It treats issues of pedagogy and accessibility, offering wide-ranging content, tools, and resources, as well as advice about infrastructure and devices. Appendix 3 offers guidance for developing an on-line course.

Considerations to Ensure Equity and Access for All Students

Although many families have the devices and appropriate connectivity in place, the most at-risk children whom LEAs serve may not. Fortunately, because state assessments require students to be familiar with working digitally, many LEAs have already developed a framework for incorporating digital materials into every day instructional practice. LEAs should build on that work, including any pre-existing assessment of access to devices and internet connectivity for their students and in the community, as they plan to implement distance learning strategies during the physical closures of schools in response to COVID-19.

In these difficult times, we cannot lose track of the needs of our most disadvantaged students. LEAs will need to solve a variety of concerns about access, which this guidance seeks to support. Importantly, the California Constitution prohibits LEAs from requiring students to purchase devices or internet access, to provide their own devices, or otherwise pay a fee as a condition of accessing required course materials under the free schools guarantee. Additionally, California law requires that all students have access to standards-aligned textbooks or instructional materials in the core subjects, for use in class and to take home. This standard is grounded in the principle of equal educational opportunity under the California Constitution.

Depending on the extent to which students have access to devices and internet at home, LEAs should assess whether an e-learning/distance learning strategy would provide the most meaningful educational opportunity for students and, if so, steps they can take to ensure equitable access. It's important to note that equitable access does not require that LEAs offer the exact same content through the same channel for all students. Instead of abandoning a promising e-learning approach because not all students will have equal access to it from home, the plan should include an analysis of alternate deliveries of comparable educational content. These alternate deliveries might include providing students access to a device or internet at school or a community site, consistent with social distancing guidelines.

Additionally, in developing plans for distance learning, LEAs may wish to consider what is realistic in the short-term (i.e., the first week or two of a school closure) and what may be possible should a longer-term closure become necessary. It is to be expected that LEAs' ability to deliver robust and meaningful educational opportunities will increase as they have more time to assess e-learning options, the degree of access to devices and internet among their students, and plan with their staff to develop content and operationalize effective instructional delivery channels.

Accordingly, in developing distance learning strategies to continue delivering educational services during a school site closure, LEAs should assess how all students will be able to access e-learning, looking at all of the following factors:

Whether a student has access to the internet,

Whether a student has access to a device and what alternatives exist for them to access a device,

How familiar a student is with the device and necessary support to ensure they are familiar with navigating its features, and

Additional support for teachers.

We are actively working with service providers and others in the private sector to develop partnerships to support students and LEAs during this crisis through offering free high speed internet access, devices, and other opportunities.

Key Considerations and Continuum of Options

As noted above, it is likely that the school's distance learning plan will contain a combination of all of the options and considerations below. Schools and districts should ensure that their plan addresses the needs of those students who have a device and access to the internet and those students who do not.

Decisions about the necessary programmatic adjustments to transition to distance learning should involve necessary consultation with local public health officials and labor partners, if applicable, about how we collectively work together to meet the needs of our community in the face of this unprecedented COVID-19 pandemic.

In considering the development and implementation of a distance learning plan for schools, school administrators need to consider:

1. What are the existing resources (including hardware, licensing agreements with vendors, WiFi availability, etc.) that be can leveraged to more seamlessly transition to a distance learning environment?

2. What processes need to be developed to ensure that equitable access and opportunity is offered to students?

When considering those two key questions, school officials will then need to assess the continuum of available strategies. Most schools will need to offer multiple options and a combination of strategies to students, depending on accessibility to devices and the internet. These strategies will likely change, both in the short- and long-term. The plan should focus on how to deliver educational content to students across all platforms and delivery methods.
LEAs should also consider the means by which students access content. In many situations, students are using mobile devices, such as smartphones and application-based versions of a given platform software in place of web-based portals. While it is safe to assume mobile devices can access the internet through WiFi capabilities, many students rely on 4 and 5G data plans to go online.

Figure 1 below illustrates a continuum of delivery strategies, followed by key considerations for LEAs as they assess how to incorporate strategies on this continuum into a distance learning plan, based on their student population and community needs:

Figure 1: Continuum of Options

Long description of Figure 1: This is a continuum of options which contains five boxes representing delivery strategies. They are as follows: Teacher interaction and assistance through online learning platform to online curriculum for students to work from home to online curriculum in computer lab or classroom, consistent with social distancing guidelines to paper packets of instructional materials for students to work on at home to in person setting consistent with social distancing guidelines.

Students with 1:1 Access to Devices and to the Internet at Home

For students who have access to devices or schools that offer a 1:1 device program and the LEAs has a platform to provide an online learning environment, please consider the following strategies to support students and teachers in transitioning to digital learning:

Maintaining school district technology support to those programs and resource adjustments if not all schools have access to these programs;

Student/family access to technology assistance if troubleshooting is necessary;

Necessary modification and adjustment of the curriculum to ensure a quality instructional program design that includes a course structure, content presentation, virtual collaboration and interaction opportunities that are planned across the length of the school closure; and

Ensure that guidance is provided for how to effectively differentiate instruction and support for students in the class who need additional support, including, but not limited to, students with disabilities and English Learner students.

Example:

Westlake Charter School (WCS)

has crafted a digital space to offer daily academic and social-emotional lessons to its students. Families were surveyed about their technology needs so that the school was able to provide assistance to families that needed to access internet and a device. First, using Google Sites, the team built a simple website to house all teacher resources; the team crafted a distance learning manual which was posted to the site; feedback forms were crafted and FAQ pages were launched; and access was created to the delivery sites where teachers would eventually deliver content. Next the adminstrative team built a Distance Learning site for families to visit. Each grade level and subject area has its own page and each page is organized into days of the week.

The school has organized staff into collaborative groups that are meeting via video chat to curate daily lessons by grade level. Students will engage in at least one structured academic lesson and one social-emotional community building lesson each day, delivered digitally by their own classroom teacher. Further online learning resources are offered to extend learning beyond these structured lessons using a variety of online curriculum. Staff are building lessons that reflect Universal Designs for Learning (UDL), offering options such as UDL playlists to engage students in these distance learning opportunities. All lessons are being delivered through Google Classroom, incorporating videos of the teachers speaking and reading directly to students, as well as curating a wide variety of learning resources. The Google Classrooms are organized on Google Sites, shared with families, which structure daily learning for each grade level.

If students at your school(s) have 1:1 access to devices and you do not have a platform to provide an online learning environment, then please consider the following:

Utilizing a free online learning platform or free learning management systems that includes professional learning and/or easy guidance for teachers, some examples are Google classroom, Seesaw, etc. See the resources at the end of this page for more examples;

Constructing engagement with students that leverage basic features of the platform such as filling out shared documents, etc. to enable faster adaptivity to the new environment; and

Developing a lesson and course sequence that involves combinations of both independent and online learning engagements.

Example:

The Los Angeles Unified School District announced a partnership with its local PBS station to provide standards-based instructional content to students in math, history, and other subject areas. The programming will be accompanied by lesson plans and take-home assignments for students to complete. Los Angeles Unified teachers will have training utilizing PBS LearningMedia, a national resource that offers additional content to support educational assignments. PBS SoCal and KCET will provide educational resources via television broadcast, both on-air and online. The initiative entails three local public media channels broadcast content specifically targeted to kids Pre-K through the 12th grade. The partnership can support other partnerships between public media organizations and school districts, as PBS SoCal and KCET work together to deliver a satellite feed that other public media stations can use.

The same programming will also air in the San Francisco Bay Area through PBS member station KQED in San Francisco, which is leading the development of digital resources that align to state standards. This robust digital toolkit for educators and students includes: standards-aligned PBS video content, associated lesson plans and support materials, as well as online training sessions hosted by KQED for teachers. The PBS Learning Media materials will be offered in conjunction with the on-air content and will be available online. Content also streams on PBS SOCAL and KCET and on the free KCET app (available on Roku and Apple TV), the PBS Video app (available on Roku, Apple TV, Amazon Fire TV, Samsung Smart TV, the App Store and Google Play), as well as on YouTube. Districts might also consider partnering with their local cable access channel.

Considerations for Students with Disabilities

Students with disabilities are particularly vulnerable, and continuing support from the state's educators is critical during these uncertain times. LEAs that physically close schools should focus their planning efforts on how to continue serving these students, by tailoring distance learning to provide educational benefits to students with disabilities, to the greatest extent practicable under the circumstances.

At this time, the federal government has not waived the federal requirements under the Individuals with Disabilities Education Act (IDEA). Accordingly, IDEA's requirements, including federally mandated timelines, continue to apply. The United States Department of Education (US ED) Office of Special Education Programs (OSEP) issued guidance (PDF) explaining how these obligations operate in the context of school closures in response to COVID-19.

The OSEP guidance recognizes that, 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 individualized education program (IEP). While distance learning can provide educational benefit to many students with disabilities, it is important to consider the unique learning needs, accommodations and supports noted in each student's IEP.

CDE will convene a workgroup of practitioners and experts in special education to assess various models for effectively serving students with disabilities in a distance learning environment, including promising practices and specific strategies that LEAs are implementing in California and around the country. Additional guidance will be forthcoming shortly.

In the meantime, below are some considerations and suggestions for continuing to support students with disabilities as LEAs implement distance learning strategies.

Individualized Instruction in Distance Learning Settings.
As an LEA considers options for distance learning, the LEA should generally assess the extent to which its students with disabilities will be able to attain educational benefit under each option. Depending on a student's particular needs and the distance learning options available to the LEA, LEAs may also need to develop plans to provide additional services to some students with disabilities when onsite instruction and regular school operations resume.

Related Services.
To the greatest extent possible, LEAs should continue providing related services consistent with the student's IEP. This may involve providing services on one or more schoolsite, consistent with social distancing guidelines and accounting for the health needs of students and staff.

Assistive Technology.
LEAs should also be flexible in providing access to school-purchased assistive technology devices when necessary, consistent with law, to ensure children have access to devices they typically use at school.

Nonpublic Schools and Agencies (NPS/A).
Because NPS/A provide critical programs and related services to students with disabilities, CDE encourages continued payment to NPS/As. LEAs should work with NPS/As to take advantage of services that can be offered by NPS/As that elect to continue to provide services during school closures. In addition, LEAs and NPS/As should work collaboratively to ensure continuity of services for students currently served by NPS/As, pursuant to the IEP, including exploring options related to distance learning. In light of continued funding provided to LEAs under Executive Order N-26-20 to offer educational opportunities to all students during school closures, LEAs are encouraged to review master contracts with NPS/As and explore options for payment given the likelihood of student absences and the fiscal impact on NPS/As.

The resource guide offered in Appendix 1 includes links to on-line learning resources and strategies for students with disabilities. The Center on Online Learning and Students with Disabilities , from OSEP, provides guidance for parents and teachers, and Common Sense Media's Best Special Education Apps and Websites offers information on an array of tools. The guidance for on-line instruction from Riverside County Office of Education in Appendix 2 also includes suggestions for supporting students with disabilities.

Considerations for English Learners

In considering its distance learning plan, an LEA should also have a plan for providing language development instruction and services for English learners, aligned to the LEA's language acquisition program. While many English learners may benefit from accessing learning through alternative learning platforms, it is important to consider the unique learning needs and supports that are necessary for language development.

Accordingly, although distance learning may provide a valuable alternative during uncertain times of physical school closures, it is important to evaluate a student's progress toward language acquisition when the regular school session resumes to determine whether a student may need additional services and supports to account for how the distance learning program may have impacted the student's progress toward proficiency while onsite instruction was suspended.

Leveraging Transportation Resources to Support Distance Learning

School districts should consider ways to repurpose and redirect resources to support distance learning activities, especially those resources that may not be used to capacity while schools are closed. One example of this is student transportation and transportation staff. Several states and school districts have repurposed the use of buses for the transport of goods, materials and resources.

For example, South Carolina will equip 3,000 school buses with WiFi to serve as hotspots for students who lack internet access. An additional 6,000 school buses will be used to deliver instructional materials.

Student transportation operations - either run in-house by a school district or contracted by the school district - can be redeployed to help with:

Distribution of meals to students in most need,

Access to wireless equipment to make hot spots available to students unable to access a WiFi connection without leaving their home, and

Distribution of instructional packets to students that do not have or are unable to gain access to the internet.

Conclusion

These are uncertain times, and we know that planning is difficult given the constantly evolving situation. An LEA's distance learning plan will also need to continue to evolve, both in the short-term and long-term, i.e., in the first few weeks when the school site is closed or in the longer term if the closure extends into a longer period. While many students have access to devices and the internet at home, LEAs should consider whether an e-learning or distance learning strategy would be effective and then consider how to provide equitable access to those students without access, ensure equity, and provide for students with disabilities and English learners. The plan will need to be adjusted as local circumstances change, with the focus on ensuring and improving the opportunities provided to students.

Last Reviewed: Tuesday, December 6, 2022

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Coronavirus (COVID-19) Main Web Page Distance Learning Main Web Page This information was formerly titled Distance Learning published on March 17, 2020. On March 13, 2020, Governor Gavin Newsom issued Executive Order N-26-20 regarding the physical closure of schools by local educational agencies (LEAs) in response to the COVID-19 pandemic.

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California Department of Education- Special Education Guidance for COVID-19

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California Department of Education- Special Education Guidance for COVID-19

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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

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This page contains information pertaining to school closures and services to students with disabilities.

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LAUSD Charter Operated Programs COVID-19 Resources 

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Online learning tips for students with IEPS

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I'm going to try to add some online learning/teaching tips specifically for teachers who have students with IEPs to this thread whenever I can. Please add your favorite tips to the thread! https://t.co/sHwcTMAwXJ

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I'm going to try to add some online learning/teaching tips specifically for teachers who have students with IEPs to this thread whenever I can. Please add your favorite tips to the thread! https://t.co/sHwcTMAwXJ

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I'm going to try to add some online learning/teaching tips specifically for teachers who have students with IEPs to this thread whenever I can. Please add your favorite tips to the thread! pic.twitter.com/sHwcTMAwXJ
— Colleen Cruz (@colleen_cruz) March 22, 2020

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I'm going to try to add some online learning/teaching tips specifically for teachers who have students with IEPs to this thread whenever I can. Please add your favorite tips to the thread! https://t.co/sHwcTMAwXJ

# data[].attributes.attachment_link.metadata.attachment_props.original_text
I'm going to try to add some online learning/teaching tips specifically for teachers who have students with IEPs to this thread whenever I can. Please add your favorite tips to the thread! https://t.co/sHwcTMAwXJ

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I'm going to try to add some online learning/teaching tips specifically for teachers who have students with IEPs to this thread whenever I can. Please add your favorite tips to the thread! https://t.co/sHwcTMAwXJ

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Common Sense Education

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Book Creator - Love Learning - Book Creator app

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Flip (formerly Flipgrid) is a video discussion and video sharing app, free from Microsoft, built for classrooms and beyond. Learn more.