Part B (Ages 3-21) Recovery Services

Archived COVID-19 Page

The Bottom Line

A new state law (MN Session Laws 2021, Chapter 13, Article 5, Section 1), school districts and charter schools must do the following:

  1. By December 1st, 2021, parents of students with a disability (including those enrolled in nonpublic or homeschool) must be invited to an IEP meeting.

  2. The IEP team must determine if, due to disruptions caused by the COVID-19 pandemic, the student demonstrated any of the following:

    1. Lack of progress toward meeting IEP goals

    2. Lack of progress in the general curriculum

    3. Loss of learning or skills

  3. If the team determines progress/skills were lost due to the pandemic, then they must determine whether additional special education services or supports are needed to recover what was lost.

  4. Any needed recovery services must be documented in the student's IEP and a PWN

Go-To Tools

These are your day-to-day useful tools to equip you in doing the work. The rest of this page (below this section) contains more detailed guidance.

(Part B) COVID-19 SpEd Recovery Services Considerations Chart

The Part B Recovery Services Considerations Chart is a tool to guide student data reviews, team discussions, and recovery services determinations. The tool is not a hard-and-fast decision-maker.

Part B COVID-19 SpEd Recovery Services Process Flowchart - Page 1.pdf

The COVID-19 Part B SpEd Recovery Services Process Flowchart provides a general overview of the process teams should follow to meet the special education recovery services obligation, including the required paperwork for each scenario.

Step 1: Data Review & Determination of Need for Recovery Services

Before any decisions regarding what types of recovery services will be offered and when, where, how, and by whom those services will be offered, student needs must be identified.

Starting in September and early October, IEP/IFSP teams should start reviewing student data, making sure to get input from general education teachers and related service providers. Though not required, teams are encouraged to use the Part B COVID-19 SpEd Recovery Services Considerations Chart (linked above in Go-To Tools) to review their caseloads and identify which students are likely in need of recovery services.

There is no set timeline by which data reviews need to be completed, however, teams should consider the following:

  • Completing the majority of data reviews in September and October will position teams to determine what recovery services might be needed in a timely manner, which will assist with planning.

  • A lot of the data needed is likely available for most students, but there may be some who need more data to be collected before determinations can be made. These students may not have data reviewed until later in the fall, after they have had the opportunity to recoup services.

  • Data needs to be comprehensively reviewed before parents are invited to IEP meetings and recovery services determinations are made.

Step 1a: Identify Building/Program-wide Recovery Services Themes and Needed Resources

As needs emerge, building teams should identify themes and work with their building administrator and special services supervisor (SSS) to decide what recovery services may be needed and when, how, and by whom those services will best be delivered (i.e., before school, after school, ESY, WIN time, etc.).

This will allow districts to begin determining what resources need to be allocated to special education recovery services and equipping IEP teams with options for parents to consider.

Please note, while a district may determine a general structure in which to provide recovery services, it may not limit individualized determinations that may be appropriate and necessary based on a student's unique needs.

Step 2: Contact Parents (timeline)

All parents of students with disabilities must be invited to a meeting, however not all invitations will result in a meeting. Based on the needs of the student and the input from the family, any of the following might result:

  1. The district and the parent(s) agree that a meeting is not necessary and determine, via phone that no recovery services are needed.

  2. The district and the parent(s) agree that a meeting is not necessary and determine, via phone that the IEP will be amended to reflect needed recovery services.

  3. The district and the parent(s) determine that a meeting is necessary and the full IEP team is convened.

August/September (Before Recovery Services Plan is set):

If a parent inquires about recovery services before a district has a plan for how those services will be provided, special educators are encouraged to use the following response:

Canned Response: Recovery Services

Recovery Services Parent Inquiry Response

September - December (Once Recovery Services Plan is set):

Once you have collected and reviewed relevant student data and have recovery services options to discuss, reach out to the parent to begin inviting them IEP meetings. As a reminder, if parents prefer to discuss recovery services by phone without convening the full IEP team, that is permissible, so long as that decision gets documented on the PWN (examples will be posted below).

SCRED Case Manager Script Regarding Pandemic Recovery Services and Parents

Recovery Services IEP Meeting Invitation Script

Step 3: Document Meeting Invitation

There are scenarios that may occur following contact with parents regarding the invitation to an IEP meeting to determine the need for recovery services:

  1. The parents and district agree that no recovery services IEP meeting is needed

  2. The parents and the district agree that the IEP team will be convened to discuss recovery services

  3. Recovery services consideration is embedded within the annual IEP Meeting (as long as annual IEP is due before winter break)

Note: if a parent wants to meet, then the team needs to meet, even if the district doesn't believe that a full meeting is necessary.

Scenario 1: Parents and District agree no meeting is needed

If the parents and district agree that no IEP meeting is needed, then proceed to Step 4 for guidance regarding proper documentation

Scenario 2 & 3: The full IEP Team is convened

If the parent would like a full IEP team meeting, or if the district determines a meeting is necessary, then the consideration of recovery services needs to be clearly indicated in the Notice of Team Meeting (NTM).

All of the typically required IEP team members must be in attendance, including district administrators and related service provides, for the duration of the meeting, unless the excusal process has been followed.

There is are two drop-down options in SpEd Forms specific to Recovery Services that users may select. It is recommended that the "SCRED Recovery Services" option is the one selected, though both the SCRED and SpEd Forms options are acceptable.

Scenario 2: Stand-Alone Recovery Services Example of Notice of Team Meeting (NTM)

Stand-alone Recovery Services Meeting Example


If the consideration of recovery services is being embedded into an annual IEP meeting, then add the Recovery Services drop-down after the annual IEP meeting purpose statement. Again, it is recommended that the "SCRED Recovery Services" option is the one selected.

Scenario 3: Annual IEP + Recovery Services Example of Notice of Team Meeting (NTM)

Annual IEP Meeting + Recovery Services Example

Step 4: IEP Team Meets and/or District Proposes Recovery Services through Amendment

Regardless of whether or not a formal IEP team meeting occurs, case managers and IEP teams need to consider whether or not recovery services are needed. Teams need to determine if impacts from the COVID-19 pandemic caused any of the following (NOTE — The Part B Recovery Services Considerations Chart is an optional resource that can help teams make this determination):

  1. Lack of progress in the general curriculum

  2. Lack of progress toward meeting IEP goals

  3. A loss of learning or skill

If the answer to any of those questions is "yes", then the team needs to determine what, if any, special education recovery services are needed (see below). Examples of recovery services include, but are not limited to:

  1. academic supports

  2. behavioral supports

  3. mental health supports

  4. related services; and,

  5. other services and supports.

When deciding when and how to provide recovery services, the IEP team must take into account the timing and delivery method most appropriate for the student, such as the time of day, day of the week, or time of year, and the availability of other services accessible to the student to address learning loss. Some options for when recovery services may be provided include:

  1. ESY

  2. Additional summer programming

  3. Before school

  4. After school

  5. During Flex or WIN time

Note: Each building and district is working on their own menu of recovery services. While these menus of services are a good place to start and will likely meet most student recovery services needs, they are not an exhaustive list of options. Individual considerations must be made when determining the type of recovery services to provide. Work with your building administrator regarding specifics for your program options.

Important: The law states that the IEP team may determine that providers in addition to school district or charter school staff are most appropriate to provide the special education recovery services and supports. If the team believes this is the case, or if a parent requests services from outside agencies be provided, contact your SSS to assist in decision making.

Recovery Services IEP Meeting Agendas

This IEP meeting agenda template was designed to help facilitate considerations of recovery services at IEP meetings or over the phone with parents, if the IEP meeting invitation is declined.

It can either be used on its own or attached to another IEP meeting agenda, if the recovery services consideration is being embedded within an annual IEP meeting.

[Student Name] - Recovery Services IEP Meeting Agenda - [Insert date]

Step 5: Document Recovery Services Determination in the IEP and a PWN

Documenting Recovery Services in the IEP: Service Grid

IMPORTANT NOTE: If the Recovery Services determination is made prior to the annual IEP meeting (i.e., Annual IEP meeting is due in April, recovery services determination is made in November), then you will need to wait to enter the services into the services grid/ESY services grid until the Annual IEP meeting. Send the PWN re: recovery services out now (once determination made) and then enter in the services later (can document that this will occur in the PWN under other factors affecting the proposal).

When the IEP determines recovery services are necessary, those services must be documented in the IEP and labeled as recovery services. This applies for both revised IEP services that occur during the school year and ESY.

Step 1: Select "Recovery Services" from the first box in the service menu:

Step 2: Select the type of recovery services (i.e., reading, social skills, adaptive/functional skills, etc.) from the second box in the service menu:

Step 3: Determine the service location, frequency, minutes, and estimated duration.

  • Note: the law does not allow for a finite duration of recovery services; IEP teams need to meet to determine when recovery services are no longer necessary. When setting the duration, start date, and end date, use prospective judgment to estimate the duration needed.

Recovery Services: Extended School Year (ESY)

Districts may determine that a student's recovery services will be provided via ESY. If this is the case, any ESY recovery services need to be documented in the same manner as they are documented in the IEP Services grid, by selecting "Recovery Services" in the first box and the specific type of services (i.e., social skills instruction) in the second box.

As is the case in any school year, parents and students still have the option to not attend ESY. However, the IEP team must propose services that are believed to be necessary for the student to recover lost skills due to the pandemic, which may or may not include ESY.

Note, it is possible that a student who would have qualified for ESY under typical services, say for regression and recoupment in the area of reading, would, in addition, qualify for recovery services ESY in another area, say social skills. If this is the case, then the student's typical ESY services would be documented as they normally would and the services being provided specific to recovery services would be documented under the "Recovery Services" heading; see the example below for specifics:

Documenting ESY Recovery Services in SpEd Forms

ESY Student Scenario 1: Student qualifies for ESY solely for recovery services

  • Document all ESY services as "Recovery Services" using both services boxes to describe the type of service being provided.

ESY Student Scenario 2: Student qualifies for ESY for both recovery services and non-recovery services related needs

  • Document ESY services that are not related to recovery services as you typically would, using the top service box only for that particular service.

  • Document ESY services that are related to recovery services using two services boxes, with "Recovery Services" in the top box and the type of service in the bottom box.

Recovery Services: Special Transportation

Students whose recovery services are provided outside of the regular school day will receive special transportation in order to access those services.

Documenting Special Transportation for recovery services in SpEd Forms


Recovery Services: Paraprofessional Support

Documenting Recovery Services Paraprofessional Support in SpEd Forms



Least Restrictive Environment (LRE)

Your district leadership team has outlined how your district will support Special Education Recovery Services; use your district specific plan when making recommendations on service provisions for Recovery Services.

DISCLAIMER: Recovery services are meant to be individualized services; the example provided below is used as a reference to guide documentation about Least Restrictive Environment.

All three required components of the LRE statement need to be included when describing the LRE as it pertains to recovery services.


Example LRE "formula" for recovery services:

For recovery services, Fake will receive [INSERT SERVICE] in a [LOCATION]setting. This service will occur when other students are [INSERT WHAT STUDENT IS MISSING]. This is the least restrictive environment because [WHY THIS IS LRE].

Documenting LRE in SpEd Forms


Example LRE statements:

For recovery services, Fake will receive an additional check-in with his case manager in a special education setting three times per week. This service will occur when other students are in their advisory class. Fake will attend his advisory two days per week instead of five. This is the least restrictive environment because Fake requires additional specially designed instruction to improve his organization and self-management skills to recoup skills lost as a result of impact from the COVID-19 pandemic.


For recovery services, Fake will receive additional math instruction during the after school tutoring program. This will occur in the general education setting twice per week for 30 minutes. This service will occur after school through the school-wide tutoring program which is accessible to all students. This is the least restrictive environment because Fake requires additional specially designed instruction to improve his math calculation and math problem-solving skills to recoup skills lost as a result of impact from the COVID-19 pandemic.



Documenting Recovery Services in the Part B PWN

PWNs documenting recovery services consideration will need to be completed for all students with disabilities in the district, regardless of whether or not the student needs recovery services . In order to assist with this task, there are several drop-down options within the PWN in SpEd Forms. Please note- the 2 week passive consent still applies if a signed PWN is not returned within the timeframe.

PWN: No Recovery Services Needed

PWN: Recovery Services Needed


Step 6: Obtain Consent & Implement Recovery Services

  • Once the PWN is sent to parents, they have 14 calendar days to provide written consent or objection before passive consent goes into effect and the district can proceed with the recovery services proposal.

  • If a parent disagrees with the district's recovery services proposal, the dispute resolution process is initiated and the case manager must respond according to the parent's request of how to proceed by either:

      1. Scheduling an IEP meeting with relevant members of the student's IEP team; or,

      2. Contacting the SSS immediately if the parent requested a conciliation conference, as these need to be held within 10 calendar days of the request.

  • Upon consent (written or passive) the team should implement recovery services according to the plan outlined in the student's IEP.

Step 7: Data Collection, Review, & Determining when Recovery Services can be Discontinued

CONTENT COMING SOON!

Frequently Asked Questions (FAQ)

What process should we follow if a student initially qualified during the COVID-19 Pandemic?

The same process outlined above should be followed for students who initially qualified for special education services during the pandemic. According to MDE, parents of students who initially qualify during the 2021-2022 school year must also be invited to an IEP meeting to consider the necessity of recovery services.

  • Note: a different response regarding students who qualify during the 2021-2022 school year was given during the September 1st/2nd Recovery Services Q&A. Clarification was received when MDE released guidance on Tuesday, September 13th

Would a new IEP goal be needed if additional or different needs are identified?

New goals are not necessary to add recovery services that are linked to an existing IEP goal/need. However, if a student develops a new need as a result of the impact of the COVID-19 pandemic, a new goal could be added and monitored while recovery services are being provided.

What if the student chose distance learning or chose not to participate? Would they still be eligible for recovery services?

Yes. According to MDE and federal guidance, the reason for the impact on in-person instruction is irrelevant when it comes to considering whether or not a student needs recovery services.

If a student received services under Part C during the COVID-19 pandemic, do we need to review their learning loss for recovery services? What if they transitioned to Part B during this time?

It depends. All students with disabilities aged Birth-21 need to be reviewed. If there were unmet Part C needs and the student is currently receiving part C services OR if the student was found eligible for Part B services , IFSP/IEP teams need to consider what recovery services might be needed. IEP teams would consider any unmet needs for students who have already transitioned to Part B.

However, if a student was transitioned from Part C services and was not found eligible for Part B services (i.e., not currently a student with a disability), then recovery services DO NOT need to be considered and parents DO NOT need to be invited to a meeting.

If recovery services are needed and added into a student's IEP, would the services change the student's Federal Setting?

The determination depends on what services and when they are being provided. If the services are provided during the school day and result in the percentage of time the student spends in a special education setting (i.e., removed from settings with non-disabled peers), then the federal setting would need to be changed to accurately reflect that change. Conversely, if the services are provided after school in a general education setting (i.e. school-wide tutoring program) or during the school day, but in a general education setting (i.e. changing to a targeted group during WIN time, or joining a grief group offered to all students) this would not affect the student's federal setting.

A student on my caseload is new to me this year (i.e. move-in from a different district or moved from a different building). How can I determine if they need recovery services if I didn't work with them last year?

There are a few things you can do to address students who are new to you. First, work to gather a reasonable amount of information regarding the student from last year, such as standardized test scores, progress reports on IEP goals, report card grades, etc. Allow the student some time to acclimate to the new setting before reviewing the considerations chart information; 4-6 weeks is a general guideline for behaviors to normalize. Use the information you have been able to gather on past performance as well as the student's performance you have been able to observe, and make the best determination you are able to with the information you have. If you need additional assistance in making a determination on recovery services, reach out to your school psychologist, services coordinator, or SSS for assistance.

If a high school student failed a class, can the district decide to waive the credit for the student? What credit recovery options are available?

An IEP team/school district is strongly discouraged from waiving credits for students without solid rationale and consideration of the student's specific, individualized needs, and post-secondary goals.

If a student failed one or more classes, the IEP team should discuss the student's post-secondary plans and determine the best path for ways to recover lost credits. The plan may include recovery service options or general credit recovery options, depending upon the district's plan and what options exist for general credit recovery.

For students that the school district proposed recovery services for, the school district may offer credit recovery as an option for students who are eligible and the teams deem that that option would meet the need.

How should we proceed if the IEP team determined ESY recovery services are needed but the dates of ESY are not yet determined by the district?

If dates for ESY are not yet known, but the team determines that ESY services will be necessary for the student, mark "Yes" in the ESY section of the IEP but leave the services grid empty for that section. When the dates are determined, the services and dates can be added to the IEP at that time and an amendment sent home with the details.

How do we document if a student is found to not need special education recovery services, but the student does need general education services? For example, an SLI (Articulation Disorder) student is identified as needing additional math support and it is not related to his primary disability. He is in math intervention now and is going to be offered general education summer school.

In this situation, it is recommended that teams use the drop downs above related to no recovery services being needed since the service are not related to the student's disability. In the "Additional factors relevant to the district's proposed or refused action" box in the PWN, language related to the student's progress being monitored in general education can be used to document the need for additional intervention in areas not related to the student's disability.

Example: Fake's math and reading progress is being monitored through the general education continuum of supports available at ABC Elementary School. Should concerns arise about Fake's lack of progress within these interventions, a meeting will be scheduled to discuss the next steps.

More questions? Submit them here: SpEd Recovery Services Questions