Prioritizing In-Person IEP Services During Distance Learning

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Explanation

According to Minnesota Governor Walz's Executive Order 20-94, school districts operating in a distance or hybrid learning model that are providing in-person services in accordance with public health guidelines must prioritize in-person instruction and services to students with disabilities whose IEP or IFSP calls for intensive services that cannot be provided in a distance learning model, including the following:

Students who, due to their disability, cannot access their special education instruction remotely without significant adult support (e.g., needs hand over hand assistance, direct PCA services, direct intervener services, and/or serious disengagement despite intervention)
Students needing intensive services requiring the use of specialized technology, equipment (e.g. stander, gait trainer, and other adaptive equipment), or augmentative/alternative communication, with direct adult support that is available in the school setting
Students whose program contains functional goals and curriculum, activities of daily living, (e.g., toileting, eating, mobility), or highly modified materials requiring in-person instruction and progress monitoring.
Students requiring significant behavioral programming and implementation of a positive behavior support plan that cannot be provided in a distance learning environment.

Decisions regarding the prioritization of in-person services during distance learning must be made objectively, equitably, and in alignment with the intention of Executive Order 20-94. This executive order does not intend for large groups of students to receive in-person services during distance learning.

IMPORTANT: The provision of any in-person services is a local district decision. Do not initiate conversations with parents about in-person services prior to discussing in-person services with your building administrator. In-person services during distance learning can only be provided when district administration determines there is sufficient staff capacity and it is safe to provide in-person services in the building/district.

Resources for Determining In-Person Special Education Services During Distance Learning

Prioritizing In-Person IEP_IFSP Services During Distance Learning Flowchart.pdf

Prioritizing In-Person Services During Distance Learning Flowchart

SCRED Prioritizing In-Person Services Determination Matrix

Prioritizing In-Person Services Determination Matrix

Documenting In-Person Special Education Services During Distance Learning

When it is determined safe and that a district or building has the capacity to provide in-person services, the frequency, duration, and types of in-person services provided is determined by the IEP team. The team may decide to continue following a student's hybrid learning plan, in-person learning plan, or create a new plan all together.

Option 1: Continue with Hybrid Learning Plan = Prior Written Notice (PWN) Only

When an IEP team determines that the prioritized in-person services will closely align with the student's In-Person Learning Plan or Hybrid Learning Plan in the CLP, then the determination for providing these services during distance learning can be documented in a PWN. The PWN MUST contain conditional language that indicates that in-person services are subject to change based on safety and capacity. A complete example PWN as well as templated language that can be copied and pasted into a PWN can be found below:

Note: SpEd Forms drop-downs have been updated to include templated language aligned with this guidance.

PWN: Prioritizing In-Person Follow Hybrid Example.pdf

Option 2: Significant Changes to Schedule and Plan = Amended Contingency Learning Plan (CLP) and Prior Written Notice

In some cases, teams may decide to make substantial changes to the student's service plan in order to provide meaningful and appropriate in-person services during distance learning. For example, an iEP team might decide to bring a student in for a couple of hours a few days a week, or every day for a two week burst of service. These types of service plans are not reflected in the students hybrid or in-person learning plan on their CLP and, thus, a CLP amendment would be warranted. There are several options for how these changes could be documented in the CLP:

Option 2A: Embed descriptive paragraph into the text box in the In-Person Learning Section of the CLP
Copy and paste the paragraph below into the In-Person Learning Section of the CLP, making sure to individualize the student name, schedule, services, and rationale.

In the event the District determines it is able to provide in-person services to students with disabilities during periods of distance learning, because it is deemed safe and there is sufficient staff capacity to do so, [Student] will receive in-person instruction at school for the following services and according to the following schedule:

Schedule:

[Days of the week, times of day (ex: Five days per week from 9:00 - 11:30)]

Services:

[List services, including frequency and duration]

Whenever in-person services during distance learning are being provided, all other related services and supports typically provided to [Student] during in-person learning will be provided. While [Student's] general education peers participate in their classes remotely from home, [Student] will receive in-person instruction for his special education classes and will participate in his regular education classes remotely with adult support from a supervised location at the school building. This is the Least Restrictive Environment (LRE) for [Student] because [insert rationale: ex: [Student] requires intensive special education services and supports that cannot be provided via distance learning].

FakeFakerson In-Person 2A CLP Example .pdf

Option 2A: In-person Embedded Example

Option 2B: Revise Distance Learning Services Page on CLP - text boxes only - to reflect Distance Learning and Hybrid Learning Schedule
Use this option when the service minutes themselves don't change, just the method of service delivery .

Fake Fakerson In-Person 2b example.pdf

Option 2B: In-Person Service Page Text Box Example

Option 2C: Revise Distance Learning Services Page on CLP - service lines and tex boxes to reflect Distance Learning and Hybrid Learning Schedule
Use this option when both the service minutes and the method of delivery change

Fake Fakerson In-Person Example 2C Chunked.pdf

Option 2c: Chunked Example

Fake Fakerson In-Person Example 2C Alternating .pdf

Option 2C: Alternating Example

Regardless of the changes made to the CLP regarding service delivery a Prior Written Notice must accompany any proposal for in-person services.

PWN: Prioritizing In-Person Amended CLP Example.pdf

Frequently Asked Questions

Can any student with a disability receive in-person services during distance learning?

Not at this time. The intent of Executive Order 20-94 is to prioritize in-person services during distance learning for those students whose IEPs include intensive services that require substantial adult support and cannot be provided via distance learning. Executive Order 20-94 also intends to provide schools with an option to meet the needs of students and families who, despite exhaustive efforts and intervention, have not engaged in distance learning.

If the district determines it is safe and there is capacity to provide in-person services, does that lock a team into providing in-person services for the duration of distance learning?

No. Safety and staff capacity are fluid conditions that can change at any time. A district may determine in-person services are safe and that there is sufficient capacity to provide them one week, but then not the next. The provision of these services during distance learning requires ongoing and intentional communication between district administration, teaching and support staff, and parents.

Can we provide special education services to students receiving Tier 1 childcare?

If the district is not providing in-person instruction to any students, then students receiving Tier 1 childcare must access their instruction via distance learning from their childcare setting. IEP Teams need to consider what supports a student who receives Tier 1 childcare may need to access the activities within the childcare setting, including their distance learning (i.e., assistive technology, behavior support plan, paraprofessional support, etc.).

If the district is providing in-person instruction to some students, it is only those students who are determined, based on the guidance above, to require intensive services that cannot be provided via distance learning who will be able to receive in-person instruction in their school buildings.

What should I do if I think one of my students needs to be prioritized for in-person services?

Schedule a time to connect with your building administrator and Special Services Supervisor (SSS) to review the guidance and the individual needs of your student. If the building administrator gives approval, schedule a conversation with the parent and IEP team to discuss the provision on in-person services during distance learning.

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