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Special Education Recovery Education

Maren Hulden

Staff Attorney

Legal Services Advocacy Project &

Mid-Minnesota Legal Aid/MN Disability Law Center

Minnesota Session Laws 2021, First Special Session

Chapter 13, Article 5, Section 1

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Overview

  • Background
  • Summary of Legislation
  • FAQs

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  • Summer and fall 2020: so many families and kids struggling
  • Impact on students of distance learning evident and challenging
  • Heard need for make-up services
  • Learned from other states
  • MDE Guidance
  • Wanted a proactive approach
  • Stakeholder input, feedback from school leaders and others
  • Bill: HF 965 (Representative Edelson); SF 1210 (Senator Duckworth)

Background

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Summary of Legislation

Minnesota Session Laws 2021, First Special Session

Chapter 13, Article 5, Section 1

https://www.revisor.mn.gov/laws/2021/1/Session+Law/Chapter/13/

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  • Districts must reach out to families to invite them to an IEP meeting
    • As soon as practicable but no later than December 1, 2021
  • Purpose of the meeting: to determine whether special education services and supports are necessary to address lack of progress on IEP goals or in the general education curriculum or loss of learning or skills due to disruptions related to the COVID-19 pandemic

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Youtube summary: https://www.youtube.com/watch?v=QW8FX1K5SyU

Summary of Legislation

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  • The supports the student was receiving before the pandemic;
  • How well the student could access services during distance learning or other disruptions; 
  • Progress on IEP goals and general education curriculum * look at pre-pandemic IEP;
  • Any regression or lost skills; 
  • Other significant influences on the student -- impacting ability to benefit from school during the pandemic, including family loss, changed family  circumstances, other trauma, and illness

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When assessing learning loss the IEP Team should consider

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  • If the IEP team determines that the services and supports are necessary, the team shall determine what services and supports are appropriate for the student and when and how those services should be provided
  • Types of services and supports
    • Extended School Year
    • Additional IEP Services
    • Compensatory Services
    • Other Appropriate Services

(See MDE Guidance: https://education.mn.gov/mdeprod/idcplg?IdcService=GET_FILE&dDocName=PROD045995&RevisionSelectionMethod=latestReleased&Rendition=primary )

IEP Determination

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When considering how and when the services and supports should be provided, the IEP team must consider:

  • the timing and delivery method most appropriate for the student, such as 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.
  • The IEP team may determine that providers in addition to school district or charter school staff are most appropriate to provide the services and supports

Services and Supports considerations

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  • Does it need to be a separate IEP meeting?
  • If the team decides more services are appropriate, how are they documented?
  • How long must the services be provided?
  • How are they paid for?
  • What if there’s not agreement on decisions on eligibility or services?

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MDE Guidance: https://education.mn.gov/mdeprod/idcplg?IdcService=GET_FILE&dDocName=PROD046182&RevisionSelectionMethod=latestReleased&Rendition=primary

FAQ

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  • Legislature understood that children experienced setbacks from Covid-19 disruptions. 
  • Legislature intended that the child’s IEP team should  figure out how to get the child back on track
  • Parents can ask for what what they think their child needs to get reconnected to school services and continue to make progress
  • There is additional federal money to support these services
  • Focus on getting the right services, less on what they are called or whether the school considers them to be “compensatory” or simply more IEP services

Key things to keep in mind

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