If the District provides virtual learning days or remote learning for its general education students due to a school or class closure, such learning must be also available to an eligible special education student. However, according to the U.S. Department of Education, the District is still responsible for providing special education and related services in accordance with a student’s IEP in the least restrictive environment on virtual learning days.
If a District provides virtual learning days, the District may provide special education and related services through various methods, so long as the services provided align with the services set forth in a student’s IEP. When possible, synchronous instruction via Zoom, Google Classrooms, or other virtual platforms will be provided. However, should synchronous instruction not be possible or appropriate, the District shall provide special education and related services through asynchronous instruction through various online learning platforms, recorded lessons, packets, workbooks, etc. Direct or indirect instruction may also be provided via phone calls or other methods of service delivery. The provision of special education and related services on virtual learning days must be individualized based on a student’s unique needs.
During virtual learning, service providers should consider the following:
What skills does this student most need to work on given the current learning environment?
What skills, if strengthened now, will best position this student to make progress on goals once traditional instruction resumes?
Are there any barriers to services, such as a lack of access to technology or privacy concerns?
Is this method of service appropriate for the student?
Is the student receiving the same or close to the same amount of instruction as provided for in the IEP?
Is it possible to provide services synchronously rather than asynchronously?
Campus and District Special Education Personnel are responsible for ensuring platforms used for virtual learning are accessible and useable for students with disabilities. This is particularly important for students who have Deaf and Hard of Hearing, Visual Impairments, Deaf/Blindness, Intellectual Disabilities, as well as Emergent Bilingual students with disabilities.
Special education and related services may be provided virtually in an individual or group setting, depending on what is set forth in the student’s IEP. Campus or District Special Education Personnel shall provide a consent form to the parent of each student participating in virtual services in a group setting to protect confidentiality, and other precautions shall be taken on online platforms to prevent the disclosure of a student’s name to the parent of another student participating in the virtual group services.
If a student is not available or refuses to participate in virtual special education or related services, Campus and District Special Education Personnel shall document the reasons, if known; inform the parent of the offer of services; and document the offer of services. If a lack of access to technology is preventing the student from participating in virtual learning, the District will provide access to technology, such as a laptop or hotspot, where possible. If the District is unable to provide sufficient resources to enable the student access, Campus and District Special Education Personnel shall send work to the student in paper form and document efforts to educate the student.
Communication with parent(s) during extended period of virtual learning days will be documented through a communication log. This communication log will record the name of the parent, date and time of the conversation, method of communication, and a summary of the conversation.
Campus and District Special Education Administration and Campus and District Personnel, including but not limited special education teachers, general education teachers, and service providers, will be trained annually regarding the provision of special education and related services during virtual learning days. This training will include information regarding the provision of instructional phone calls, videoconferencing, homework packets, online lessons, and other available distance-based learning approaches. This training will also address maintaining documentation of the provision of services and progress during virtual learning and the procedures for conducting virtual ARD meetings.
The ARD Committee shall document all decisions made regarding virtual learning in the IEP. Campus and District Special Education Personnel shall document what services are provided virtually, including the date, amount, duration, and mode of delivery. Campus and District Special Education Personnel are responsible for monitoring and documenting student progress during virtual learning days. Documentation should be sufficiently detailed for the ARD Committee to determine whether and/or to what extent additional services may be needed once the student returns to in-person instruction.
If a District offers the option for parents and Campus Personnel to attend ARD meetings remotely, the legal requirements for virtual ARD meetings remain the same as the legal requirements for in-person ARD meetings. See [ADMISSION, REVIEW, AND DISMISSAL COMMITTEE MEETING] & [ADMISSION, REVIEW, AND DISMISSAL COMMITTEE MEMBERSHIP]. This includes the requirement to provide prior notice of an ARD meeting to a parent at least five (5) school days prior to the meeting, identifying the location as virtual/video-conference, the reason for convening virtually, and the issues to be discussed during the meeting.
Campus Special Education Personnel shall document attempts to have the parent participate in a virtual ARD meeting, including any efforts to provide access to parents. Campus and District members of the ARD Committee must have access to the proper technology to participate in the ARD meeting and be trained on how to access the technology prior to the ARD meeting. Additionally, all mandatory members of the ARD Committee are still required to sign the IEP at the end of the ARD meeting to indicate agreement. Electronic signatures are considered valid and legal signatures.
Virtual ARD meetings should be treated in the same manner as in-person ARD meetings. As such, Campus and District members of the ARD Committee must maintain a professional and courteous tone during virtual ARD meetings. Each virtual ARD meeting shall have a clear agenda, and the ARD Committee shall remain focused on the agenda. Cameras should be turned on during virtual ARD meetings to ensure all members are in attendance and participating. As with in-person ARD meetings, the ARD Committee shall listen to and document the parent’s concerns and include the District’s response in the IEP.
The District must permit the use of assistive technology at home or in other settings if the ARD Committee determines it is necessary. Should virtual learning be needed for an extended period, a student’s ARD Committee shall determine whether an IEP amendment is necessary to document the necessity of at-home access to assistive technology. District Special Education Personnel may need to facilitate a temporary transfer to the student’s home if the assistive technology is not easily portable. The transfer of assistive technology to a student’s home shall be documented in writing, and the parent must confirm receipt of the assistive technology in writing.
Upon returning to in-person instruction, the ARD Committee will make an individualized determination whether and to what extent compensatory services may be needed, consistent with the applicable requirements, to make up for any skills that may have been lost during virtual learning. This decision shall be made on a case-by-case basis, considering the following individual data for each student:
What services were temporarily reduced or suspended due to virtual learning;
Benchmark data from before virtual learning;
Progress documentation during virtual learning;
Services provided and student’s response to the services;
If adequate progress was not made, any documentation as to why it was not; and
Any additional considerations or documentation necessary to determine whether the student requires compensatory services.
If the ARD Committee determines that compensatory services are necessary, the ARD Committee should determine type, location, duration, and frequency of services. This does not require a minute-for-minute computation of services but rather a qualitative analysis of what the student needs to continue to make progress. Compensatory services may be provided before or after school or during the summer months but cannot be provided during regular school hours, during ESY, or through remediation programs offered to all general education students.
ARD/IEP
ARD/IEP amendments
Virtual lesson plans
Communication logs with parents
Service logs
Evidence of participation in virtual learning from online platform
Training documentation
Documentation for the state in TSDS, PEIMS, and SPP
At Home Learning for Students with Disabilities Texas Education Agency
Letter to Wolfram and Mandlawitz (Jan. 10, 2022) - U.S. Department of Education
34 CFR 300.114(a)(2), 300.115