Q: What is the difference between an Individual Education Program (IEP) and a Contingency Learning Plan?
A: The current IEP remains in effect. The NDDPI has suggested writing new IEPs as they come due. The IEP will describe the individual education program as implemented upon school reopening.
The individual contingency learning plan describes the current distance learning services/accommodations being implemented during school closure. The individual contingency learning plan may be amended to address any changes in the student’s distance learning during school closure.
A contingency learning plan is the district's proposal for a free appropriate public education (FAPE) for the alternate delivery of services if needed during the school year. Contingency Learning Plans are IEPs that were amended by the district and are presented as the district's "good faith effort" to provide a FAPE.
Q: Should we continue to conduct early childhood transition meetings?
A: At this time, programs should continue to conduct early childhood transition meetings. Districts should consider ways to conduct initial evaluations and use distance technology to the extent possible. Collaborate with Part C providers and connect virtually if possible. Communicate with your families and document your interactions and attempts to provide services. Additional guidance on providing services to children with disabilities.
Q: If families want us to hold virtual meetings, how do we review their procedural safeguards and give them a copy before the meeting? Can we direct them to the NDDPI website for the link rather than provide a copy?
A: NDDPI recognizes that during this unusual time, programs will need to be creative and diligent in ensuring parents are informed of their procedural rights and safeguards. We advise using distance learning methods, email, and links to the NDDPI website as needed to assist in verification and communication with families.
Q: If we are completing an Integrated Written Assessment Report (IWAR) and making an eligibility statement for a student who has a specific learning disability (SLD) through a virtual meeting, how should we move forward with the requirement of obtaining the parent(s) signature?
A: If you are completing an Integrated Written Assessment Report (IWAR) for a Specific Learning Disability (SLD), the parent must sign a document indicating that he or she agreed with the determination. If you are not able to obtain a parent signature in person, you may use the electronic signature form found in Tienet. The parent could then sign the document and send it back to you.
Every attempt should be made to obtain the parent’s signature. If circumstances do not allow this, verbal confirmation may be appropriate. Documentation should be done that states the parent agrees or disagrees with the determination, and that the parent is giving verbal consent to the IWAR/SLD document. Include documentation of how current circumstances related to the COVID-19 pandemic led to verbal consent, rather than written consent.
Q: Will students that receive 1:1 nursing care still be receiving this service during remote learning?
A: This service can be addressed through Individual Education Program team decision and planning, which includes the local education agency. Consideration for telehealth or outpatient services may be addressed, as well as incremental to full-service delivery in the home setting.
Q: Do IEP Teams still need to adhere to the 60-day time for initial evaluations for special education?
A: For students ages 3-21, the 60-day timeline for initial evaluation continues to be in effect. Reasons for not meeting this timeline must be clearly documented in a Prior Written Notice. If, because of exceptional circumstances, the 60-calendar day timeline will not be met, the IEP team must clearly document the exceptional circumstance, the timeline for completing the evaluation, and present parents with their procedural safeguards if they are disputing the rationale. The Department of Education recently stated in its March 21 Supplemental Factsheet, “Once the evaluation is completed, IDEA does not contain an explicit timeline for making the eligibility determination…” In ND the eligibility determination is made at the Integrated Written Assessment meeting to review evaluation results, which is due within 60 calendar days.
During exceptional circumstances, districts may consider a virtual IEP team meeting. However, the determination must be made on a case-by-case basis, must include the parent and other required IEP team members, and cannot be the only meeting format considered. This decision must be clearly documented in a Prior Written Notice. Parents must be presented with their procedural safeguards.
All educational decisions for student with IEPs must be made on an individual basis and consistent with the Individuals with Disabilities Education Act (IDEA) and the North Dakota Department of Public Instruction policy.