Hey y’all.
Times are weird, amirite? I’m getting lots of questions about Distance Learning Plans, so I want to share my current understanding of the situation. Please note that these are my thoughts and you know damn well that I’m not an attorney. I’m the first one to tell you to go talk to a lawyer if you have questions. The information I’m sharing here is based on my experience and understanding as a family advocate and educational advisor.
xoxoxo
Beth

What the heck is a Distance Learning Plan and what does it have to do with my kid’s IEP?

  • A Distance Learning Plan is a document that describes a child’s Special Education Services during COVID-19 School Closures. The Distance Learning Plan represents the IEP Team’s best efforts to “translate” a child’s IEP for distance learning.
  • Note that this is a Distance learning plan, not necessarily a “digital” learning plan.
  • A Distance Learning Plan is a temporary supplement or addendum, *not* an amendment. An amendment would change the content of the I.E.P. and that’s not what we’re going for here. We want to develop a plan (with all procedural safeguards) for how a child will receive Free and Appropriate Public Education (FAPE) during school closures due to COVID-19.
  • As a temporary addendum, the Distance Learning Plan should detail its duration (ie: what are the conditions for dissolving the D.L.P.)
  • The Georgia Department of Education (GaDOE) has provided a template that districts may use to develop a Distance Learning Plan.

 Who Writes a Distance Learning Plan

  • The Distance Learning plan is developed and signed by all members of a student’s an IEP team.
  • Therefore, I.D.E.A. requires participation of at least the following persons: parents/guardians, a special education teacher, a general education teacher, a school-level representative, and a district-level representative.

 

 

 Procedural Safeguards & Parents’ Rights

 

  • Because the Distance Learning Plan meeting is an IEP meeting, all procedural safeguards (also known as Parents’ Rights) apply.
  • One such safeguard is Prior Written Notice. Under I.D.E.A., “Prior written notice must be provided to parents a reasonable time before” an I.E.P. meeting. Most states use a 10-day notice. Regulations are extremely specific about what must be included in Prior Written Notice.
  • Right now (August 2020), many districts are asking parents/guardians to waive the typical 10-day prior written notice. Why? It’s a time pinch. By the time teachers came back on contract, went through safety training and PL for virtual teaching, they were bumping up against school start dates. My sense is that most teachers are busting their asses to work with families to develop a plan before virtual learning starts.
  • You are not obligated to waive the 10-day notice. But if you do, you are only waiving the 10-day notice; you are not waiving any other rights or procedural safeguards.
  • In short: all of I.D.E.A. still applies, even in the time of COVID-19.