Make-Up Instruction and Services Available to Meet Special Education Goals
During the COVID-19 school closures, some students with Individualized Education Plans (IEP) did not receive instruction and services according to their Plans. These students might be eligible for compensatory education services if they did not make adequate progress. Compensatory services make up for instruction and services not provided according to the IEP. The individualized make-up services must help the student progress toward his or her IEP goals.
School districts should first assess each student’s current performance levels. Districts should then compare those levels with that student’s pre-closure performance levels. Districts should also consider what level the student should have achieved if schools had remained open. Review should include looking at all sections of the IEP.
Parents and guardians can and should keep track of student performance and progress as best they can. They should bring any specific concerns to the child’s special education teacher, supportive service provider, and Committee on Special Education (CSE)’s attention. They should do this in writing. Parents can ask the school for copies of progress monitoring information. They can also ask the CSE to meet to discuss concerns. School staff members can also bring concerns to the CSE’s attention if the assessments show loss of skills or lack of progress.
The Legal Aid Society of Northeastern New York’s Children’s Law Project can advise and assist parents of low-income children with disabilities at no charge. You can learn more about the Children’s Law Project by visiting https://www.lasnny.org/clp/. If you have questions about an education matter, please contact LASNNY by calling (833) 628-0087.