Distance Learning & Special Education Services

Archived COVID-19 Page

Explanation

Per federal guidance, school districts are required to provide special education and related services identified in each student's IEP during any period of time when educational opportunities are provided to the general student population. With this in mind, IEPs must be implemented and we still must provide a FAPE to student's with disabilities, regardless of which learning model (in-person learning for all students, hybrid, or distance learning) is in place. This includes distance learning when the student receives instruction while they are in their home and their teacher is in another location (i.e., the school building or their home).

Per guidance from the Minnesota Department of Education (MDE) and other sources, during any period of distance learning, all students, including students with disabilities, must be provided:

daily interactive instruction by their licensed teacher(s).

Service plans for students should be based off both the district-level Safe Learning Plan (foundation for all students) and the student's individual needs, as reflected in their evaluation report and IEP.

FAQ: What do I do if my student is not attending DL instruction? Are we still doing 15 day drops?

This is a FAPE issue that is answered here.

Breaking Distance Learning Down: Daily Interactive Instruction by a Licensed Teacher

(1) Daily

Distance learning days are instructional days and must be treated as such. The schedule for each student with a disability must be built to daily instruction in both their general education classes and special education services (as per their IEP). If a student's annual IEP doesn't indicate a need for daily service in a particular area (i.e., speech/language services), then they would not receive daily instruction in that area during a distance learning model. However, if a student is in need of daily services per their IEP (i.e, functional skills, academics, behavior skills, etc.), then the team would need to consider how to provide daily instruction in those areas during distance learning.

(2) Interactive Instruction

Interactive instruction can be provided both synchronously or asynchronously. Interaction can include teacher --> student --> teacher interaction or teacher --> parent --> teacher interaction.

  1. Synchronous: Synchronous learning refers to all types of learning in which learner(s) and instructor(s) are in the same place, at the same time, in order for learning to take place. Examples of synchronous learning include the following:

    1. Webinar

    2. Virtual classroom

    3. Phone call

    4. Live, real-time chat

  2. Asynchronous: learning can occur in different times and spaces particular to each learner; instructors set up a learning path, which students engage with at their own pace. Examples of asynchronous learning include the following:

    1. Schoology

    2. Google Classroom

    3. Message boards

    4. Pre-recorded video lessons

Please note: MDE is encouraging districts to "develop and require as many synchronous opportunities as possible, with opportunities for student-to-student interaction for students of all ages and in multiple settings." Synchronous opportunities are key for creating connection, fostering engagement, and establishing and maintaining relationships. Federal guidance encourages a move toward synchronous learning when possible, especially for elementary-aged students.

Interaction is Key

Regardless of the instructional methods used (synchronous or asynchronous), the instruction has to be interactive on a daily basis; it is not sufficient to send home work at the beginning of the week and collect it at the end of the week. Students need to respond in some way, shape or form, and teachers need to provide feedback in some way, shape or form.

Review of Work + Feedback = Evidence of Direct Instruction

For example, in a synchronous learning opportunity, a teacher can ask for responses via Pear Deck, verbally, using a switch or visual cue, or in a chat and then provide feedback as the students submit responses. In an asynchronous opportunity, students could submit an assignment, complete a google form, or post to a message board and then the teacher could give feedback via email, comment, or another method. For students with more significant disabilities, responses could be submitted by the paraprofessional, parent or another caregiver in the home.

Accessibility Matters

In every instructional opportunity provided, the IEP team needs to ensure that students with disabilities can access the instruction. Barriers created by sensory needs (i.e., hearing and vision), learning needs (i.e, reading disability or listening comprehension disability), behavior needs (i.e., needs related to motivation, persistence, following directions, etc.), functional or cognitive needs (i.e., executive functioning deficits, cognitive disability), communication needs (i.e., expressive language impairment) or any other need related to the student's disability need to be mitigated through accommodations, modifications and supports.

For example, a student who has a reading disability may need to be taught to use text to speech software to ensure that they are able to comprehend the written instructions for a particular activity or the reading lesson associated with an online text.

Another example would be a student who struggles to engage with asynchronous learning due to refusal or difficulty with organizing their time and materials. This student may require support from a paraprofessional to make a plan for the day and facilitate their initial access to the learning activities.

A student’s IEP team should consider the need for parent training as a related service to ensure a student has meaningful access and engagement in distance learning.

(3) Licensed Teacher

Instruction must be provided by a licensed teacher. The teacher is responsible for planning and delivering (either synchronously or asynchronously) the daily instruction to the student for each necessary service.

Paraprofessionals

Paraprofessionals provide invaluable support to students who need it in schools, but paraprofessionals cannot provide the direct instruction. Paraprofessionals can do the following:

  • Reteach

  • Support

  • Practice

  • Reinforce

  • Monitor

Direct vs. Indirect Services: Building a Services Grid

Direct Service:

Direct service would include any live, face-to-face (i.e., video conferencing) or voice-to-voice (i.e., phone conference) service that involves reciprocal interaction. Direct services also include any asynchronous learning path designed for the student that involves the student receiving instruction in some way, completing and submitting work, the teacher reviewing that work, and then providing the student with feedback. The work the student does independently as part of the learning path created is counted as direct service time.

Review of Work + Feedback = Evidence of Direct Instruction

Indirect Service:

Indirect services include any services provided to other adults who support the student, including consultation with a general education or special education teacher, providing work direction to a paraprofessional, or, in a distance learning model, providing consultation and/or training to a parent or other caregiver working with the student at home.

Guidance Regarding Video Conferencing for SpEd Services

Data Privacy Overview

Throughout the course of planning for Distance Learning, there have been many questions raised regarding data privacy and video/virtual classrooms for special education students. The SCRED special education leadership team has investigated these questions thoroughly.

Districts are prohibited from “disclosing private educational data” on students with disabilities. The Minnesota Government Data Practices Act defines “educational data” as data that are “maintained” by a public school (or personnel acting for the school) and relate to an individual student. The courts have held that data are not “maintained” until a public school records the data in some way.

According to legal counsel who have advised us on this topic, a school district can reasonably argue that it is not “recording” students while a virtual lesson is occurring and, therefore, it is not “maintaining” the data by giving a virtual lesson that allows students to see or identify the other students who are receiving the same lesson. This is no different than a situation in which students can look around the room and see the other students in the room and then go home and tell their parents the names of their classmates. Similarly, most schools allow parents to observe their children in class, at least to a limited degree. That scenario is not significantly different from a parent walking past a computer screen while a student is receiving Distance Learning instruction.

With that in mind, special educators within SCRED and its member districts are advised to proceed as follows:

  • Do not record any virtual special education small groups; if you are providing special education services with two or more students via a virtual platform (i.e., Google Meet), use live features only.

  • Parent permission is not necessary, but parents should be informed that their student is participating in a small group video class in which their child and other students will be visible and audible to others.

  • Promote privacy to parents and students during any group lesson.

  • If you are concerned about privacy, and you do not believe that promoting privacy to students and parents will sufficiently address those concerns, consider providing any virtual/live video services individually and not in groups.

  • Give extra care to ensure no other student data is in the background - video frame has to be clear of student data (have blank wall behind). Be careful of what is in the background if working from home.extra care needs to be taken to ensure no other student data is in the background - video frame has to be clear of student data (have blank wall behind). Be careful of what is in background if working from home.

  • Consider creating pre-recorded mini lessons for any students who are not able to participate in live, un-recorded group services

If you have questions or concerns regarding this guidance or its implications for your district-level distance learning plan, please contact your SSS directly.

Home-based or Homebound Services

The Minnesota Department of Education and Minnesota Department of Health (MDH) currently allows for the provision of in-home services, but only when the local district determines it is safe and there is staff capacity for providing those services. Approval from a building administrator is required before any in-home services can be discussed or provided. Please see the Prioritizing In-Person IEP Services page for more details.

ESY Services

When holding annual IEP meetings, use available data to determine a student's need for ESY programming and update the IEP accordingly. ESY plans should be developed assuming a return to in-person learning in the summer of 2021 and documented in the IEP.

Providing Direct Service to Students Receiving District Child Care

The provision on in-person services to students in Tier 1 childcare depend on the district determination of whether or not in-person services will be prioritized for students with intensive services on their IEP/IFSP. That said the IEP team does need to determine what supports (i.e., AT, paraprofessional support, designated space for learning, visual schedule, other supports for accessibility, etc.) a student would need to access the activities associated with school-provided childcare. The non-academic and extracurricular activities flowchart can be used in making these determinations.

Resources

Instruction + Parent + Para/EA Resources

SCRED Distance Learning Resources (COVID-19)