ADVICE FOR PARENTS: Look at the progress report. Don't wait - request an IEP meeting if adequate progress is not being made. If there is no progress report, request an evaluation.
Parents are hearing conflicting things about recovery services - or not hearing anything at all. We met recently with senior staff at the Office of the Superintendent of Public Instruction (OSPI) and with senior ombuds from the governor's Office of the Education Ombuds to see what they are hearing and what information they are sharing.
We crafted the following based on what we learned.
Yes - there is funding, and an expectation of support
There are several pots of money for recovery services for students with disabilities, but lots of questions about what recovery means, what schools must offer, and what families can expect.
First, it is important to note that the term “recovery services” is being used in several ways.
General education recovery
Federal funds have been flowing for months to help schools address challenges caused by the pandemic. These funds can be used for special education services, as well other general education supports.
School district recovery plans and spending should be inclusive of all K-12 students, including students with disabilities. This means students with disabilities can't be excluded or denied from accessing general education recovery services. If a school hires additional counselors, they need to be accessible to students with disabilities. If they contract with a community-based group to provide wrap-around support, then students with disabilities need access.
From the state Office of the Superintendent of Public Instruction (OSPI):
"Section 504 of the Rehabilitation Act of 1973, commonly called 'Section 504,' is a federal law that protects students from discrimination based on disability. This law applies to all programs and activities that receive funding from the federal government - including Washington public schools.
"Federal and state law protect students from disability discrimination in public schools. These laws make sure that students with disabilities have educational opportunities and benefits equal to those provided to students without disabilities."
The Americans with Disabilities Act also provides protection. Title II of the ADA prohibits state and local government from discriminating against persons with disabilities. This includes public schools.
Special education recovery
There are also recovery and compensatory services specific to the Individuals with Disabilities Education Act (IDEA).
These are available for 0-3 supports, and special education services for preschool through grade 12 and/or transition services. This pot of federal funds will be released July 1. These funds can be used for recovery and compensatory services under IDEA; they can also be used for other spending in alignment with IDEA, such as staff training.
Transition recovery services
Finally, the state legislature designated funds to support students aging out of IDEA but who still need secondary transition recovery services.
Some takeaways for families
School districts can tap different pots of federal funds to support students with disabilities. Those supports may occur as part of school-wide recovery efforts available to any student in need, or through special education services as identified by the individual education program (IEP) team.
Schools can offer students with disabilities support independent of the IEP process. For instance, if they know a group of students would benefit from tutoring (students with and without IEPs), they can offer tutoring to whomever needs it. IEP teams could then follow up with a progress review to see if students with IEPs need additional, individualized support through their IEPs.
And for students who aged out of special education during the pandemic, state-funded recovery services may be available.
Time frame for services: 1 to 2 years
There is an expectation that recovery supports will be offered over the next 1 to 2 years. OSPI has advised school district leaders to start with students least able to access education.
OSPI also advised district leaders that they can be flexible in how and when special education recovery services are offered. Some students and families (and staff) may be feeling burnt out. Schools offering summer support could do 2 weeks on, 2 weeks off. Or they could start the fall semester early. They could plan for support during winter, mid-winter, and spring breaks.
It really depends on the student's needs.
Parents - check those progress reports!
For parents uncertain about recovery services, OSPI advises them to check their student’s progress reports. If there is data that shows their student failed to make progress, then they are advised to reach out sooner rather than later and ask for an IEP meeting.
From OSPI:
"Decisions regarding recovery services focus on what the student’s expected progress would have been if the pandemic had not occurred, compared with the student’s current present levels and progress.
"While progress data should be considered from continuous learning plans and any services temporarily reduced during or since the spring 2020 school facility closures, IEP teams determine the need for recovery services based on expected progress from the student’s pre-COVID IEP. Temporary IEP amendments and impacted services due to the pandemic should not be primary considerations for recovery services."
IMPORTANT: Schools cannot just say, sorry there is no progress report is available. If the IEP team does not have progress data, then families should reach out to the school district and request an evaluation.
OSPI has come across district responses along the lines of: “During remote instruction we have not been able to measure progress.” This is not compliant with the law. OSPI is working with those school districts on corrective action.
Civil rights complaints
In addition to following IDEA, school districts must follow Section 504 of the Rehabilitation Act of 1973 and the ADA. If families believe their student is being discriminated against, then there is a complaint process to follow.
There are discrimination dispute resolution information sheets available in 12 languages.
An example of discrimination might be refusal to make an accommodation for face coverings. Or denial of access to curriculum and activities that are available to students without disabilities.
Communication is uneven at the school level
Based on questions we are fielding from parents and conversations we have had with OSPI and the Office of the Education Ombuds, it appears some local school teams are better informed than others.
OSPI's recovery guidance includes information for IEP teams. You are a member of your student's IEP team. It is dry reading, but we encourage you to review it.
While the concept of recovery and compensatory services is not new, educators and families have never had to consider these supports at this scale. A lot of this is new for most of us and we can all expect a learning curve.
That said, no rights were suspended because of the pandemic. IDEA, Section 504, and ADA all stand.
You might also be interested in reviewing Washington's State Plan for the American Rescue Plan Elementary and Secondary School Emergency Relief Fund.
It identified the following for priorities for students with disabilities:
Analysis of the data demonstrated the follow highest priorities for the remainder of the 2020–21 school year, summer, and the 2021–22 school year related to the impact of the COVID-19 pandemic:
- Inclusionary practices, including the training and implementation of Universal Design for Learning (UDL), Assistive Technology (AT), and Individualized Education Programs (IEPs) developed to support students with disabilities access and progress in general education curriculum and classrooms, with supplemental specially designed instruction.
- Progress Monitoring, data-based decision making, and reviewing educational benefit.
- Recovery services, compensatory education, learning acceleration, and effective specially designed instruction.
