Frequently Asked Questions

Has the GaDOE provided guidance on IDEA timelines?

•The United States DOE encourages school teams and parents to work collaboratively and creatively to meet IEP timeline requirements.

•As a general principle, during this unprecedented national emergency, public agencies are encouraged to work with parents to reach mutually agreeable extensions of time, as appropriate.

•Initial Referrals & Eligibilities- The 60-calendar-day time period begins when an LEA employee receives the signed consent but excludes school holidays and other times when children are not in attendance for five or more consecutive school days, including the weekend days before and after the holiday period.

•If a child has been found eligible to receive services under the IDEA, the IEP Team must meet and develop an initial IEP within 30 days of a determination that the child needs special education and related services.

•Natural disasters may constitute “exceptional family circumstances.” The COVID-19 pandemic could be considered an “exceptional family circumstance.”

What should the District do about IEP meeting deadlines during school closures (e.g. annual review, MDR, and eligibility deadlines).

It is possible (and even likely) that the District may miss IDEA deadlines and become technically “out of compliance” in light of the need to cancel meetings in response to COVID-19. Proceed first with prioritizing a parent’s right to meaningful participation (not holding a meeting when a parent cannot attend, and not proceeding with a meeting when the required legal attendees cannot attend). If staff are available and parents are willing, consider holding IEP meetings via telephone conference if meeting in-person is not possible. If that is also not possible, our guidance is to send written communication home to the family identifying the situation and the District’s plan to continue the current IEP until the IEP team can reconvene. Work expeditiously to hold the meeting as soon as possible, and consider as a team whether any compensatory services are needed in light of the delay.

Is the district moving forward with virtual meetings?

Meetings may be scheduled at an agreed upon virtual platform, date, and time with parents. All meetings may be held virtually if the district is prepared to proceed. Assess all parent concerns prior to the meeting in effort to be adequately prepared.

What if the parents refuse to participate virtually?

Document the district's attempt schedule the meeting as well as the parent’s reason(s) for refusal. Make a note to schedule the meeting at a later date.