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*NOTICE: the blog below does not constitute legal advice*
According to the World Health Organization, the first case of the novel coronavirus, COVID-19, appeared in the United States in January of 2020. Per World Meters statistics, now almost a year after the first case, there have been a total of 16,312,538 infections and a total of 302,927 deaths in the United States alone. In response to this respiratory illness, which spreads via respiratory droplets when individuals are in close proximity, many school districts are requiring students of all ages and abilities to learn from home, via remote learning, to minimize the spread of this highly contagious novel virus. Remote Learning presents many challenges for students with individual education plans (IEPs), especially those who are in more restrictive placements on the continuum of services such as self contained special education classrooms or therapeutic day schools where the educational environment is highly structured and the staff to student ratio is high. Although students are learning from home, they are still entitled to a Free Appropriate Public Education (FAPE) under the Individuals with Disabilities Education Act (IDEA). According to Franczek, a law firm specializing in special education law in Illinois, “While schools may not be able to provide all services in the same manner, the U.S. Department of Education has stated that it intends to ‘offer flexibility where possible,’ but has not officially relaxed any requirements related to the provision of FAPE” (Tulloch & Smith, 2020). According to COPAA, the Council of Parent Attorneys and Advocates, “IDEA requires individualization for students and partnership with parents” and that such partnership is essential now more than ever in order to make remote learning meaningful for our most vulnerable students (2020). School districts have an ethical and legal obligation to continue to provide services as outlined in the IEP and outline these for home environments via a formal remote learning plan. Challenges of remote learning for many families of students with special needs include structuring the home environment for learning, supporting behavior and behavior intervention plans in the home setting, as well as implementing therapies and goals remotely. Setting Up the Home Environment for Learning During the era of COVID-19 learning, the home environment is now the primary educational setting for even our most profoundly impacted learners. Individuals with special needs, especially those in more restrictive placements such as self contained settings or therapeutic day schools, typically would have the support of a high student to staff ratio and a structured classroom environment to support their learning. Families and caregivers are now tasked with setting up their homes to mirror the environmental manipulations in the school setting that are essential for students with disabilities. Here are some considerations for families and school teams when setting up a successful learning environment in the home setting:
Implementing therapy in the home setting In light of remote learning, many students are accessing therapies such as speech therapy, occupational therapy, physical therapy and social work over the computer with professionals who may have little to no experience with effective telehealth therapy instruction or in providing formal parent training. In order for remote therapies to be successful, parent support during synchronous sessions is essential. According to EdWeek, remote therapies have “pressed [parents] into duty” and “forced [them] to try to replicate the therapy that trained specialists would normally provide in school” (Mitchell, 2020). In short, providing therapy for students remotely is both a learning curve for staff and families. However, despite this, students with disabilities still need to make meaningful progress to achieve FAPE. To provide FAPE, students need to make progress on their IEP goals and in a remote setting that means providing instruction as well as parent coaching to achieve meaningful progress on those goals. As COPAA explains, the Supreme Court has most recently defined progress under FAPE through this definition from Justice Roberts “The IDEA demands more. It requires an educational program reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances” (2020).
Behavior Support for the home environment & BIPs With many students learning remotely from home either part or full time, the need for behavioral support at home is crucial for many special needs families. Many families rely on school for respite and now with learners at home more frequently and accessing other therapeutic environments less frequently, problem behaviors may be on the rise as caregivers experience an increased personal work load. School districts have a legal obligation to implement a behavior intervention plan if a student’s problem behavior is adversely impacting their access to education. Students who present with maladaptive behaviors in the school setting will require behavioral supports in the home setting in order to access remote learning.
When Remote Learning Isn’t Working: What Parents can Do
AuthorEd Carter is a retired financial planner who has worked with clients of all ages, backgrounds and incomes. About 10 years into his career, he saw a need for financial planners who specialize in helping individuals and families living with disabilities. He is the author of the book "Able Future: A Comprehensive Planning Guide for Parents of Children with Special Needs."
Guardian. Experts explain that the guardian is appointed to make personal decisions on your child’s behalf. That means the guardian will choose things like where your child lives, what sort of social life your child has, and what sort of health care your child receives. According to the Special Needs Alliance, anyone over the age of 18 can be appointed guardianship. However, you will want to make an especially thoughtful decision about who will be the guardian of your child. Basically, this person will be taking over your role. Once you have a candidate in mind, you should talk with that person about the role and if he or she is willing to step in. Discuss in detail what responsibilities are involved, and ensure your candidate comprehends the duties. You should also discuss where your guardian and child will live, whether that’s in your current home or somewhere else. It may make financial sense for your home to be sold (use a home-value estimate to get an idea of what it’s worth). You and your child will be better off if your candidate declines now, rather than deciding later that it’s more than he or she can handle. You should go through the same process for your successor guardian as well, talking things through and reaching a clear understanding.
Caregiver. A caregiver is another person who could play a vital role in your child’s life. If your situation changes, for instance if you should become incapacitated, a caregiver would step in to assist your child. Depending on your circumstances, you may want to establish a caregiver now. It would give you an opportunity to see firsthand if you have a good match. It’s also a chance to ease the transition for your child. Conservator. A third person you may need in your child’s life is a conservator. A conservator is appointed to make choices about your child’s finances. This would apply to personal property and any estate your child receives. How much power is given to a guardian can vary by state and circumstances. Full conservators are required to account to the penny for all funds and will be reviewed annually by the court system. Letter of intent. Also, according to experts cited by CBS, you should consider a letter of intent. It’s not a legally binding document, but it’s an opportunity for you to put in writing how to best care for your special-needs child. Include information about your child’s daily routine and a full medical history. For instance, if your child requires medication given a certain way, this is an opportunity to explain things like that to potential caregivers. Special-needs trust. You also may want to set up a special-needs trust for your child. It is set up differently from traditional trusts and is designed to ensure that the beneficiary, in this case your child, continues to qualify for government benefits such as Medicaid and Social Security Income. Since government programs of this sort are often subject to reductions in funding, you should consider adding a life insurance policy. Life insurance can provide a safety net for your child in case you pass unexpectedly. There are many types of policies available, so make sure to compare rates online. Kiplinger’s explains that a special-needs trust can be the beneficiary of your life insurance policy or a retirement plan. Anyone can contribute to the trust at any time, and the funds it collects will not count against the government assistance your child receives. As the parent of a special-needs child, it’s important to articulate your desires should something happen to you. Taking steps now will give you peace of mind and can assure your child of care and support throughout life. AuthorMegan Palombella, M.Ed, BCBA A social story (term coined by inventor Carol Gray) or social script is a written story to be read proactively to children to review expectations, rules, or changes in the environment. They tell the learner what they should do and what they can expect from engaging in a particular behavior (as opposed to what they should NOT do). Social scripts should be part of a treatment package and read regularly, especially before the situation or behavior they address is likely to occur. Here are some social scripts to review how expectations are different due to COVID-19. Comment below with COVID-19 related social script resources you've found.
Covid-19
Mask Wearing
Social Distancing
Quarantine Going to the Doctor & Health/ Safety
E-Learning/ Virtual Learning Hybrid Learning (Image from United Nations COVID-19 Response, stock images) AuthorMegan Palombella, M.Ed, BCBA Bitmoji classrooms are all the rage whether you are in-person, hybrid or virtual for this school year. My district is e-learning through October so here's my delve into making a virtual office this week. Happy Learning! bitmoji classroom templates from linktr.ee/bitmoji.kayla |
AuthorMegan Palombella, M.Ed, BCBA ArchivesCategories |