Since moving to distance learning in March of 2020, districts have continued to provide educational opportunities to students based on guidance from the Minnesota Department of Education (MDE) and the Minnesota Department of Health (MDH). For students with disabilities, FAPE was made through Individualized Distance Learning Plans (IDLPs) and Contingency Learning Plans (CLPs). IEP teams should consider how each student was impacted during the implementation of those IDLPs and CLPs, specifically the reduction and adjustment of educational services provided, and then make individualized decisions about the student's current needs.

While the information on this site is intended to provide resources to assist case managers and IEP teams in navigating team discussions related to the impact of the pandemic on students, all decisions need to be made based on the individual needs of each student.

Case managers need to contact the Assistant Director of Special Education if a student's unique needs vary from the guidance provided, as all decisions need to be individualized and your supervisor can provide assistance to you and the IEP team.

Pandemic Recovery Services Flowchart

The following flowchart is an overview of the process that IEP teams will use to determine (a) if a student needs recovery services, and (b) what kind(s) of recovery services a student will need.

IEP Review Process

for Pandemic Recovery Services

Step 1: Preparation

Step 1.1: Data Review

Case manager will begin to gather and complete a preliminary review of student progress during the COVID-19 pandemic from March 2020 through the start of the 2021-22 school year.

• Needs on current evaluation

• Current IEP services and goals, including the actual IEP itself and any changes that were on the CLP for any learning model that was implemented during the pandemic

• Progress toward IEP/IFSP goals prior to and during the COVID-19 pandemic

  1. Review special education progress reports

  2. Gather input from related service providers

  3. Review district testing data and any other available progress data related to goals/objectives

  4. Review attendance data

• Review student’s progress in the general education curriculum as it relates to the child’s disability

  1. Review available data, including district testing data

  2. Review grades or general education progress reports

  3. Review discipline records

  4. Review attendance data

  5. Gather input from general education teacher(s)

Case manager also needs to gather initial input from parents. Case managers are still expected to communicate with families at the beginning of the year (like we do every year) to introduce themselves and share contact information. As part of this initial communication, staff should inquire about how parents feel their child is doing, including gathering information about any exceptional family circumstances that may be important for the school to know so we can support their child. Significant exceptional student or family circumstances may include (but is not limited to) family loss, changed family circumstances, other trauma, and/or illness.

IMPORTANT NOTE: A written summary of all data should NOT be prepared for this meeting, as that could be considered a re-evaluation and would be subject to all requirements for a re-evaluation, including parental consent to evaluate and the development of an Evaluation Report. Instead, the team should gather and review any documents/reports that already exist (e.g. progress reports, report cards, attendance reports, discipline reports) that the team already has access to and use those for discussion and to assist with determination.

Step 1.2 - Determine if an IEP meeting is optional or required

If the initial data indicates that a student made progress in general education and special education and that the student and their family did not experience any significant hardships during the pandemic, an IEP meeting is option but MUST be offered to parents. Case manager must contact parents by November 1 to offer an IEP meeting.

If initial data indicates that the student did not make progress in general education and/or special education and/or the student or family experienced a significant hardship during the pandemic, an IEP meeting is required. The meeting must take place prior to December 1, 2021, and parents must be contacted to schedule the meeting as soon as possible this fall but no later than November 1 in order for there to be time to schedule the meeting.

Step 2: Parent Contact

Timeline for Contacting Parents

All parents must be contacted no later November 1, 2021. If a meeting takes place, it must take place no later than December 1, 2021. If a student is due for an annual IEP prior to December 1, the conversation can take place during the annual IEP meeting and an additional meeting or communication does not need to take place. However, if an annual IEP is due after December 1, parents must be contacted by November 1 to be invited to a meeting to discuss the impact of the pandemic and possible recovery services.

Who should contact parents

The case manager should be the person who contacts parents to discuss the impact of the pandemic and recovery services. The case manager needs to be getting input from general education teachers and other service providers, but we want to streamline communication for parents.

Step 3: IEP Meeting and Determination

Step 3.1: Prepare for IEP Meeting

The case manager will create (a) a Notice of Team Meeting, and (b) an agenda for the IEP team meeting. The case manager will also need to review the Facilitation Guide and prepare all materials for the IEP meeting.

REMINDER: Do NOT create a summary that combines all of the data that the team will review/discuss. This would essentially be a re-evaluation and would be subject to all due process requirements for a re-evaluation. Instead the team must just review documents that already exist and that the team has access to.

Step 3.2: IEP Team Determination

The following document is a chart of possible considerations for the team to weigh as they determine the impact of the pandemic on the students progress in general and special education and also the type and intensity of Recovery Services that a student will need. This chart is not an exhaustive list of all considerations but is designed to be a starting point for team discussion and considerations.

Types of Recovery Services

If a team has determined that Recovery Services are needed, the team will then need to determine the type and intensity of recovery services the student will need to address skills/areas impacted by the pandemic. Because services will be documented on a service grid, the team will need to determine the type of skill instruction along with the frequency, intensity, duration, and location. All Recovery Services should relate back to goals/objectives/needs on the student's IEP. If new needs have emerged, the team may need to consider if a new evaluation is necessary or if the needs can be met through amending/updating the IEP goals and objectives.

Recovery Services could include services in the areas of:

• Academic supports

• Behavioral supports

• Mental health supports

• Related services

• Other services and supports

Categories of Recovery Services

• General Education Recovery Services (GERS)

  • GERS would not be reflected on the IEP, but the team could discuss these types of services/programs if the pandemic impact was primarily in the area of general education skills. The general education teacher should be able to speak to interventions or supports that are being implemented classroom-wide for all students or for selected groups of students.

  • GERS could include classroom-wide interventions, MTSS interventions, afterschool targeted services, credit recovery, summer school targeted services, etc.

  • If the team determines that GERS is sufficient to meet some or all of the needs, the team needs to consider what accommodations or supports a student will need, if any, to participate in GERS

• Revised IEP services (i.e. additional services during the school day during the school year)

  • May be most appropriate to consider only small increases of special education services during the school day to ensure that student continues to have access to a least restrictive environment, as access to core instruction will be critical to ensure student continues to make progress in general education curriculum/standards.

• Extended School Year services

  • Student could qualify for some or all days of Extended School Year Services.

  • If a student already qualifies for ESY, consult your Special Education Coordinator or Assistant Director for assistance in discussing additional ESY services beyond the scheduled ESY dates to address Recovery Services during the summer

• Compensatory Services / Compensatory Education

  • Compensatory services would be appropriate under limited circumstances, which could include a failure of the district to provide the special education services in the agreed-upon IEP or CLP during the pandemic

  • Must consult Coordinator or Assistant Director to consider Compensatory Services

Student Factors to Consider When Determining Type and Intensity of Recovery Services:

• Specific skills in which the student regressed or failed to make progress and amount of instruction it will take to recoup those skills

• Student instructional time/schedule during the school day, including general education core instruction and special education service minutes

• Student stamina for instruction during the school day or school year

• MDE and the Minnesota Legislature have stated that there is no pre-determined timeline by which students must regain skills - the IEP team can determine an intensity and timeline for skills (i.e. do not need to recoup all skills within the first weeks or months of the school year)

Step 3.3: IEP Meeting Outcomes

Outcome 1: IEP Team determines no pandemic recovery services are needed --> Proceed to Step 4b - IEP Meeting Held, No Recovery Services

Outcome 2: IEP team determines pandemic recovery services are needed and also determines which services will be provided --> Proceed to Step 4c - IEP Meeting Held, Recovery Services

Outcome 3: IEP team is in disagreement about whether student needs pandemic recovery services and/or is in disagreement about type/intensity of service --> Contact your Special Education Assistant Director

Step 4: Paperwork

Step 4a: IEP Meeting Offered/Parent Declined, No Recovery Services Offered

Step 4b: IEP Meeting Offered/Parent Declined, Recovery Services Offered

Step 4c: IEP Meeting Held, No Recovery Services Offered

Step 4d: IEP Meeting Held, Recovery Services Offered

Send Paperwork to Parents and Monitor for Consent

When the due process paperwork is finalized, the documents (PWN or PWN & IEP) must be finalized, printed and added to the student's due process file, and sent to parents. Documents can be mailed to parents or emailed to parents.

In this unique circumstance, electronic consent is sufficient. Per MDE, if a school district amends a student’s IEP, the district may accept an electronic signature or an email from a parent confirming consent to the amendments. If you receive consent via email:

1. Print the email containing consent

2. Attach electronic consent to PWN/Parental Consent/objection form

3. File consent in student SpEd file

After the document(s) have been sent to parents, case manager should monitor for receipt of parental consent or objection. Once consent is received or 14 calendar days pass without receipt of consent or objection, the IEP can be implemented.

If a parent indicates that they disagree with the proposal, immediately contact your Special Education Assistant Director.