Category Archives: IEP

Have an IEP Contingency Plan During COVID

We have reached another sad milestone with the COVID-19 pandemic. America now has more deaths than we had from the 1918-1919 flu outbreak. This is truly sad and scary. We are weeks away from an Emergency Authorization for vaccines for the younger students and several weeks or months away for the total student population to be fully vaccinated. We need to be realistic that our students are still at a higher risk. Our children are the immunocompromised, the unvaccinated, the medically fragile, and for some, the vaccines don’t work. Schools across the state and country are adjusting to in-person learning in varying degrees. I think we all can agree our student population gets sidestepped regularly. While the pandemic exposed many missing pieces in our institutions, it is always up to us to advocate for equal access for our children. The current upward trend in Covid cases in children convinces me it is likely our students will need to quarantine or isolate within the next few months.


The school districts are not required to address the needs of our children if they remain home for less than ten days. We are too familiar with how sensitive our children are to change. The loss of 10 days of services should not be more circumstances forcing us to give up or handle without support. It is grossly unfair and, frankly, discriminatory. We have one of two tools at our disposal to ensure a Free Appropriate Public Education (FAPE): the Individualized Education Plan (IEP) or 504 Plan. So, let us use them. I recommend updating our child’s IEP or 504 Plan with a Contingency Learning Plan (CLP). Do not bother asking for an emergency IEP meeting. In your cover letter, state your request to amend the IEP or 504 Plan immediately.


The experts on our side. The American Academy of Pediatrics (AAP) recommends schools should update IEPs and 504 Plans to accommodate virtual and hybrid instruction with variable learning methods and prioritizing goals. Teachers and staff should “find creative and flexible approaches to achieve such goals.” Modes may include providing options for aides, nursing, therapy, and food delivery. Schools should also consider siblings who may have to remain home due to the disabled student’s unique medical needs. The AAP also states the schools should allow for a flexible schedule to accommodate the needs of the working parents. Ok, we do not have to ask for the moon, but I like where the AAP is going with this.


The New York State Education Department received $8 Billion in COVID response funds towards learning with $2 Billion allocated towards intervention services “… to ensure that such interventions respond to student’s academic, social, and emotional needs…” Under FAPE, schools must ensure our students have equal access and opportunities as other students by employing an IEP or 504 Plan to level the playing field. The Department of Education recommends the IEP team consider a distance learning plan to be implemented during a selected closure, outbreak, or stay-at-home order.


I submit to you my idea of how a Contingency Learning Plan may look. Template is in my media section. Please feel free to adapt and edit to fit your child’s circumstances keeping in mind this is an add-on to their current IEP or 504 Plan and not a replacement. I would love to see your changes and how your school has implemented or supported your child during this crisis.


In health and safety,
Gail
9-23-21