Contingency Learning Plans (CLPs) & IEP Amendments

Archived COVID-19 Page

Explanation

Due to the ongoing COVID-19 pandemic, the Minnesota Department of Education and the Governor of Minnesota have mandated all school districts and charter schools plan for three different learning scenarios for the 2020-21 school year. In all three scenarios, school districts and charter schools must adhere to the Minnesota Department of Health (MDH) requirements and recommendations, as well as consult the Minnesota Department of Education (MDE) planning guidance.

Scenario 1: In-person learning for all students
Students will return to school full-time. Students and teachers will follow MDE and MDH guidelines.
Scenario 2: Hybrid learning with social distancing and capacity limits
Students will be provided a combination of in-person and distance learning opportunities. Students and teachers will follow MDE and MDH guidelines.
Scenario 3: Distance learning only
Students will be provided access to appropriate educational materials and receive daily interaction with their licensed teacher(s).

Additionally, MDE is asking IEP teams to amend each student's IEP with contingency plans for each learning scenario. To this end, SpEd Forms has developed a Contingency Learning Plan (CLP) that can be added as an addendum to each IEP, similarly to how districts utilized Individual Distance Learn Plans (IDLPs) during the distance learning that was in place. In a continuing effort to be efficient and consistent in our approach to planning for the three scenarios, SCRED and its member districts will be using the SpEd Forms CLP to develop plans for each student prior to the start of the 2020-2021 school year.

*Please note: the learning model definitions provided above are general in nature. Each district will ultimately determine which learning model they are in and how that learning model will be executed. A hybrid model in District A may look very different from the hybrid model in District B; when determining which learning model you fall under, defer first to your district-level plan and then to this guidance.

FAQ: If my student's parent has elected distance learning and the IEP team believes a FAPE can be provided through distance learning, do I need to complete the entire CLP for each of the three scenarios?

Yes. It is still recommended that the entire CLP be completed regardless of whether or not a parent opts into distance learning. The reason for this centers on the IEP team's obligation to provide a FAPE, regardless of what the parent selects. If at anytime during distance learning data suggests that the student is not making adequate progress in distance learning, and other attempts to adjust instruction haven't been effective, the district will then need to propose a plan that includes in-person learning. Similarly, if a parent identifies that their child with a disability is in need of in-person learning after attempting distance learning, then the IEP team needs to consider whether or not this change would result in the district being better able to provide a FAPE.

FAQ: What do I need to do with the CLP amendment when I have an annual IEP meeting?

The CLP needs to be updated in alignment with any changes made to the student's annual IEP. If you are in the process of developing a new IEP following a recently held IEP meeting, we recommend you follow the steps outlined below:

Write the new IEP within 10 school days, per the typical timeline requirements.
Simultaneously, review and revise the CLP based off of the proposed IEP changes for the student.
Send home the new IEP and the CLP together, with one PWN, to parents for review. During this time of paperwork completion, we will need to provide services to the student to the greatest extent possible until consent on the new IEP & CLP is obtained.
If a parent disagrees with the proposal, follow the dispute resolution steps outlined in STEP 5 below.

Again, communication and collaboration are key. Please reach out to parents to let them know what paperwork is coming and when.

FAQ: My district has placed limitations on when students can choose to return to the building after opting into distance learning (i.e., at the start of a new trimester), do these same limitations apply to students with disabilities?

No. if a return to in-person learning is determined necessary to provide the student with a FAPE, then that change cannot be delayed due to a general district policy or procedure. EXPAND HERE - submitted question for clarification/guidance

FAQ: I have already developed a CLP and parent has agreed, but now need to amend it. How do I do that?

If the change to the CLP is significant, you should obtain parent consent for the proposed changes to the CLP. Because the CLP is considered part of the IEP, significant changes must follow due process requirements for prior written notice. Case managers should operate using the same procedure that is used when amendments are proposed for an IEP in SpEd Forms. This is similar to previous guidance for amending BSPs.

Significant changes include: Larger changes that alter the intent of the intensity of the CLP.

Significant change to instruction based on student not making progress
- Example: Student needs additional support (time with teacher or addition of a para) to assist with accessing distance learning lessons
Change to annual IEP goals/progress monitoring/amount of service time
- Example: Student requires a change to their annual goal and the amount of service time needs to change in response to the goal changing.

For significant changes, a prior written notice is required to be sent for consent or objection along with the revised CLP and the IEP with an updated amendment date.

Minor changes include: Small adjustments that do not change the intent or intensity of the CLP.

Adding a new accommodation/modification/support
- Example: access to a virtual work center for support from a paraprofessional (when this support wasn't previously included in their IDLP/IEP).
Adjusting instructional activities
- Example: Method of delivery is changing from video to phone call.
Reinforcement strategies
Motivational strategies or incentives

Although prior written notice is not required for minor changes , the change needs to be highlighted and a date for the change noted in the IDLP and the revised version needs to be sent to parents.

STEP 1: Contact Parents to Obtain Agreement for and Input Regarding Amendment via Addendum (CLP)

Contact each student's parent to discuss developing a Contingency Learning Plan (CLP) without an IEP team meeting. If a parent is not willing to agree to develop the CLP without a meeting, schedule an IEP meeting (full team or with agreement to waive certain mandatory members) via a in-person and/or remote options.

Notes Regarding Parent Contact:

Please work to avoid multiple individuals contacting parents. The case manager should be the point of contact.
Related service providers (i.e. speech/language, OT, PT, DAPE, DHH) should work with/through the case manager regarding parent contact.
If the primary service provider is different from the case manager (i.e., the student has a building-based case manager but an itinerant DHH teacher provides most of their services) ideally the case manager and primary service provider teacher would make parent calls together.

Case Manager Script Regarding CLPs and Parents

STEP 2: Finalize Current IEP and Check Amendment Box

Before you begin working on the CLP, Finalize the existing IEP, once finalized, check the "Amendment" box.

Although it is completed as a separate document, similar to a Behavior Support Plan (BSP), the CLP is technically part of the IEP. Therefore, when creating/changing the CLP, the IEP needs to reflect that it has been amended.

Once the box is checked, no other action on the IEP is needed.

STEP 3: Develop Contingency Learning Plan (CLP)

In SpEd Forms, locate the Contingency Learning Plan (CLP) template in the Service Plan menu for each student on your caseload
Review each section and consider each student's unique needs; individualize the content based on each students' unique needs.
Finalize the CLP

Consultation with each student's IEP team will be necessary to complete this document, therefore the templates have been created in a collaborative format that will allow for input from each team member, including related service providers.

NOTE: There is no need to modify a student's current IEP so long as this CLP is created, shared with parents, and documented in a Prior Written Notice.

Section 1: Contingency Learning Plan Information

The first section of the CLP is informational only and does not get modified. This section outlines the rationale for the CLP, defines the three learning scenarios, and informs parents of the fluid nature of the document.

Documenting Parent Choice or IEP Team decision for Distance Learning

In each section of the CLP, there are two boxes in which teams should indicate if the parent or the IEP team has determined that Distance Learning is most appropriate for the student. These decisions can be documented by checking the box, but should also be articulated in any corresponding PWN.

FAQ: If a Parent elects Distance Learning, we check the Distance Learning box, and the parent later changes their mind, is an amendment required?

It Depends. If the only change being made is the return to in-person learning and nothing else in the CLP needs to be changed, then no amendment required. However, the team should document in writing the date of the return to in-person learning (i.e., hand write it on the plan, record in the communication log and/or drop a line on eduCLIMBER.

However, if a student was not successful in DL and changes to the plan need to be made, then an amendment must be completed.

FAQ: If the IEP Team determines Distance Learning, we check the Distance Learning box, and then the IEP Team later decides to bring the student back for in-person learning, is an amendment required?

Yes, if the IEP team made the decision based on student need, then an amendment would be required/PWN would be required. It is highly likely that the reason for bringing the student back to school relates to a lack of progress/difficulty accessing distance learning, and therefore the CLP needs to be reviewed and revised to ensure that a.) the students needs are met in school and b.) they will be met if the entire district needs to move to distance learning.

Section 2: In-Person Learning for All Students

Any changes to a student's IEP that will occur under the in-person model should be noted in this section. While there are likely few, if any changes that would occur under an in-person model, some students may require specific accommodations, such as those related to mask-wearing exemptions, or changes could be made to the building schedule that impact service minutes. Complete this section as follows:

If there are no changes, mark the "No changes needed..." box and proceed to the next section
If there are changes, mark the "Changes needed..." box and document the changes, as noted in the example to the right.
If the student is participating in Distance Learning, due to parent or IEP Team decision, mark the appropriate Distance Learning box and proceed to the next section

FAQ: What are some examples of changes that may occur during In-Person Learning for All Students?

Changes to the daily or weekly schedule (i.e., shortened day or shortened week for all students)
Health-related accommodations or modifications (i.e., mask exemption or face covering accommodations)
Other changes based on the student's unique needs

Part 1 of the SpEd Forms Tutorial will walk you through navigating the In-Person Learning section of the Contingency Learning Plan.

Sections 3 - 7: Hybrid Learning

This section will go into effect anytime the student's building or district moves to a Hybrid Learning Model. If the student is participating in Distance Learning, due to parent or IEP Team decision, mark the appropriate Distance Learning box, but still outline what the hybrid learning plan would look like, should the parent or IEP team decide that distance learning is not appropriate at any time.

Helpful Tip: when drafting this section, pull up the student's current IEP or IEP snapshot (via print preview) and utilize a split screen to review and consider revisions to each section.

If the student is not participating in Distance Learning, leave the first page blank, and complete each Hybrid Learning section, as outlined below:

Annual Goals

Measurable Annual Goal(s) & Objectives
Each of the student's annual IEP goals will automatically populate in this section. If there are no changes to the goals or objectives, then select "No changes needed..." and proceed to the next section.

If there are changes to either the goal or objectives, check the "Changes needed..." box and describe the changes in the space provided.

Progress Monitoring Method
If there are no changes to the method, frequency, or person responsible for progress monitoring, check "No changes needed..." and proceed to the next section.

If the method, frequency or person responsible for progress monitoring will be altered under a hybrid model, check "Changes needed..." and describe the changes in the space provided.

Transition Services

Measurable Postsecondary Goals
Each of the student's measurable postsecondary goals will automatically populate in this section. Since these goals are to be updated annually and are not impacted by the learning model, there is no option to change them.

Transition Services
If there are no changes to the students transition services or the agency providing those services, check the "No changes..." box and proceed to the next section.

If there are changes to either the transition service activity or the providing agency, check the "Changes needed..." box and describe the changes in the space provided.

Services

The services page includes the following components:

The Hybrid Learning: Special Education and Related Services section gets completed for all services. Structure of the service grid is the same as it is in the IEP, with the exception of a box to describe the service delivery method. It is in this section that the team documents how the service will be delivered

Other Services

The following sections need to be reviewed and the team needs to indicate if changes are needed in hybrid or not. It is only in those areas that changes are needed that additional content needs to be included:

Child Specific Paraprofessional Support
Assistive Technology
Special Transportation
Interpreter Required for Service Delivery

Hybrid Learning LRE

Regardless of changes needed, the LRE during a hybrid model needs to be described for each student. Several factors need to be considered, such as the impact of putting students into cohorts/pods, the potential need for additional services (i.e., when a special education student attends additional days), and any other implications, such as lunch and recess.

(1) Where instruction will take place: Specialized instruction can be provided in a variety of formats (e.g., pull-out instruction in a resource room, co-teaching or push-in instruction in a general education classroom, etc.).

(2) What the student will be missing: The specific classes and activities that the student will not participate in so that they may receive their specialized instruction.

(3) Why this is the student’s Least Restrictive Environment: The explanation needs to be more specific than, “Because his skills are discrepant from peers, Johnny will receive…" Thorough rationales explain the features of specialized instruction that (1) are necessary for the student and (2) cannot be reasonably offered in a less restrictive setting.

Hybrid LRE Example 1- No Change to LRE

Example 1: No change to the LRE is necessary between the annual IEP and the CLP: "The LRE for STUDENT during the hybrid model will be the same as in the annual IEP."

Hybrid LRE Example 2- Additional Days

Example 2: IEP team has determined student needs additional in person days than what is currently being provided in the district's hybrid model

"(1) Brittany will attend school in-person four days per week, which is two additional days compared to her non-disabled peers. She will not participate in distance learning on these days and will only have distance learning one day per week (Fridays). Brittany needs specialized math instruction in the special education setting. [You may have already articulated this information in the description under the services grid. If it is located there, you would not need to include this statement in the LRE.] (2) While Brittany participates in this instruction, she will not receive grade level math instruction. (3) This is the least restrictive environment for Brittany because, at her grade level, the general education math curriculum does not target the skills of number sense and computation that Brittany needs in order to make progress. Participating in general education instruction during this time would not provide Brittany with a reasonable opportunity for educational benefit, as she requires math fact fluency trials and repeated and guided practice to make adequate progress on the skill of math calculation. Additionally, available data indicates that Brittany did not make adequate progress on her IEP goals or in the general curriculum during distance learning in the spring of 2020. "

Hybrid LRE Example 3- Additional Time

Example 2: IEP team has determined student needs additional time during in-person learning days than what is currently being provided in the student's IEP.

"(1) Brittany will attend school in-person two days per week, She will attend school via distance learning two days per week. Brittany needs specialized instruction in the area of management in order to access distance learning. (2) While Brittany participates in this instruction, she will not attend the classroom wrap-up at the end of the day with her general education peers. (3) This is the least restrictive environment for Brittany because her skills in the area of self-management while engaged in distance learning are not commensurate with her peers. Brittany requires specialized support during her in-person days to improve her self-management skills when she is accessing materials via distance learning.

Modifications

If there are no additions or changes to existing modifications, accommodations and supports, then check "No changes needed..." and proceed to the next section.

If there are changes or additions, check the "Changes needed..." box and use the space below to describe any new or changed accommodations/modifications.

IMPORTANT: This is also the section in which any mask-wearing exemptions, accommodations or supports will be documented and described.

Part 2 of the SpEd Forms Tutorial will walk you through navigating the Hybrid Learning section of the Contingency Learning Plan.

Hybrid Model: Considering Additional Time

Hybrid Learning Decision-Making Matrix

Under the Hybrid Learning model, districts are asked to consider if any student with a disability should attend school more frequently, up to full-time, in order to receive a FAPE. These considerations should be data-based and would include whether the student was unable to access special education and general education instruction through distance learning, or unable to successfully receive specific special education or related services through distance learning.

The Hybrid Learning Decision-Making Matrix (innovation credit: Eastern Carver County Schools) is a tool designed to assist teams in making objective considerations for when students may need additional time participating in in-person learning.

When it's used: when determining number days a student should receive in-person instruction in a hybrid model.

Who completes it: The IEP Team

How the results should be used: the Hybrid decision matrix is not alone a decision-maker. It is a tool to guide team discussions, and the unique needs of the student, along with the capacity for the building or classroom to uphold Minnesota Department of Health (MDH) guidelines must be considered.

SCRED DRAFT of Hybrid Decision Making Rating Scale

Sections 8-12: Distance Learning

Annual Goals

Goals that require in-person learning activities may need to be modified in a distance learning model. For example, if a student has a behavior skills goal that requires observation of peer interaction within the general education classroom, then it may need to be changed to involve more scenario-based practice or role playing scenarios in a structured virtual class or with a teacher.

Transition Services

In a distance learning model, community-based services may not be possible. It is important to think about how a student's transition needs can be met through distance learning strategies.

Services

The location for Distance Learning services should be Special Education or General Education, depending on the service provided, in alignment with the student's IEP services. For example, if a student typically receives math instruction in a special education setting, they would continue receiving math instruction in a special education setting via distance learning.

The "home" location should be reserved for services that are actually being provided within the students home, which is currently prohibited by the Minnesota Department of Heath and Minnesota Department of Education

Modifications

Part 3 of the SpEd Forms Tutorial will walk you through navigating the Distance Learning section of the Contingency Learning Plan.

Distance Learning LRE

In most cases, when moving to distance learning, the LRE in the student's IEP will likely not be affected. This is due to the fact that, although the delivery method of services may change, the types of services the student is receiving, what the student is missing in general education, and the rationale for the services will likely remain the same as what is reflected in the annual IEP. In this situation, the LRE statement does not need to be modified (see Distance Learning LRE Example 1 below).

In other situations; however, the LRE statement would be affected. Typically in a distance learning format this would be due to an IEP team using previous data and determining a student requires additional support (in an area or areas) in order to make progress.

Regardless of changes needed, the LRE during distance learning needs to be described for each student. Several factors need to be considered, such as the student's previous performance in distance learning, the potential need for additional services, and any other implications related to the unique need of the student. As always, the following must be addressed:

(1) Where instruction will take place: Specialized instruction can be provided in a variety of settings (e.g., pull-out instruction in a resource room, co-teaching or push-in instruction in a general education classroom, etc.).

(2) What the student will be missing: The specific classes and activities that the student will not participate in so that they may receive their specialized instruction.

Distance Learning LRE Example 1- No Change to LRE

"The Least Restrictive Environment (LRE) for STUDENT during the Distance Learning will be the same as in the annual IEP."

Distance Learning LRE Example 2- Student Requires Additional Support to Make Progress on their IEP goal(s) or in the General Curriculum

When in Distance Learning during the spring of 2020, STUDENT's deficits in self management skills made it difficult for them to managing their time and complete work. In order to make sufficient progress during any period of distance learning, STUDENT needs explicit instruction and support in the area of self management. These skills are not addressed in the general curriculum, therefore STUDENT needs additional instruction within a special education setting to address these needs and allow STUDENT to make adequate progress. During any period of distance learning, Student will receive organizational skills instruction in addition to his other general education and special education classes; he will not miss any general education opportunities while receiving this service.

STEP 4: Complete a Prior Written Notice

SpEd Forms' have drafted example PWN language. To access, make sure you scroll down until you see "SpEd Forms Options" (see screenshot). There are multiple options under each PWN question. Please use the following COVID-19 dropdown options when drafting your PWN:

Action(s) Proposed or Refused
- Use the FIRST dropdown option: The District is proposing to modify your child’s IEP as stated in the attached Contingency Learning Plan.
Explanation: Why each action is proposed or refused
- Use the FIRST dropdown option: The Governor of Minnesota has issued an Executive Order requiring public school districts to be prepared to implement instruction in person, through a hybrid learning model, and through a distance learning model. The instructional model that is implemented at any given time will depend on a number of factors, including state and local criteria related to COVID-19. It may also depend, in part, on whether you choose distance learning during a period of time when the District is offering distance learning. Accordingly, the District is proposing to modify your child’s IEP to indicate the type and quantity of special education services, related services, supports, and accommodations that your child will receive on days when instruction occurs in person, on days designated as hybrid learning days, and on days designated as distance learning days. The Contingency Learning Plan addresses each scenario and will become part of your child’s IEP, unless you object in writing.
Sources of Information: Basis for proposed or refused action
- Use the FISRT dropdown option: The District considered data from your child’s last agreed upon IEP, data from your child’s most recent evaluation report, data from the distance learning period that occurred toward the end of the 2019-2020 school year, input from staff members who have worked with your child, and any input you have provided. The District also considered guidance from the U.S. Department of Education, the Minnesota Department of Education, the Minnesota Department of Health, and the Governor of Minnesota.
.Other options considered and why those options were refused
- Use the SECOND dropdown option: The District considered whether it could implement your child’s IEP in a hybrid model or distance learning model without making any further changes, but the school staff on the IEP team concluded that changes were necessary. No other options were considered.
Additional factors relevant to the district's proposed or refused action.
- Use the SECOND dropdown option: The District considered your child’s unique educational needs and the instructional options that are available when instruction occurs in person, on days designated as hybrid learning days, and on days designated as distance learning days.
- IMPORTANT: If the district is amending the IEP/developing the CLP without a formal IEP meeting, then you must also include the THIRD dropdown option: The Parent and District agree to add the Contingency Learning Plan to the current IEP without holding an IEP team meeting. In agreeing to amend the IEP in this manner, it is understood that amending the IEP does not change the required annual review date and the entire IEP team will be informed of the changes made to the IEP.

STEP 5: Finalize and Send Due Process Documents Home to Parents/Guardians

Once the CLP is completed, the IEP needs to be finalized in SpEd Forms with the amended date (you will enter the date during the validation process). When the IEP is finalized, the CLP will also automatically finalize

Once complete, the following documents must be sent to parents:

Prior Written Notice (PWN)
Contingency Learning Plan (CLP)
IEP with Amended Date

Please utilize available due process support in your district for assistance with these tasks!

STEP 6: File Paperwork & Monitor for Receipt of Consent

File Paperwork

Once finalized, ensure that the following three documents are printed and filed in each student's SpEd file:

Prior Written Notice
CLP
IEP with Amended Date

Monitor for Receipt of Consent

Monitor for the receipt of parental consent/objection. Once consent is received or 14 calendar days pass without receipt of consent or objection, the CLP can be implemented.

If a parent objects to the proposal, follow the established dispute resolution guidance by contacting your Special Services Supervisor (SSS) immediately.

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:

Print the email containing consent (you can forward it to Due Process support person to assist)
Attach electronic consent to PWN/Parental Consent/objection form
File consent in student SpEd file

If consent is not obtained by the time school begins, then we must implement the current IEP to the greatest extent possible.

Please utilize available due process support in your district for assistance with these tasks!