Guidance and Answers to FAQs on COVID-19 Compensatory Services
This page was created on June 30,
2020, and revised on September 25, 2020, and October 14, 2020.
What are COVID-19 Compensatory Services?
In this guidance document, the term "COVID-19
Compensatory Services (CCS)" refers to services as determined by an IEP
team needed to remedy a student's skill and/or behavior loss and/or lack of
progress that resulted from an LEA's inability to provide Free Appropriate
Public Education (FAPE) while using alternative instructional models due to the
COVID-19 pandemic. CCS should be
considered only after the student receives services as set forth in their IEP
for a period of time (“recoupment period”).
This will give the student an opportunity to recoup the lost skills or
behavior or to make progress to the level(s) determined appropriate prior to
the extended school closure.
What is the process to determine if a student eligible
under the Individuals with Disabilities Education Act (IDEA) needs CCS?
As soon as appropriate, but no later than the first two
weeks of resuming normal operations, the LEA should:
Gather
baseline data on each student's current educational levels; and
Compare
above baseline data to 2019-20 school year pre-COVID 19 progress
monitoring data for each student to determine if there is a regression in
skills and/or behavior patterns and/or a lack of progress.
As soon as appropriate, but no later than the end of the
third month of school resuming normal operations, the IEP team should review
the progress of any student who regressed while LEAs were using alternative
instruction due to the COVID-19 pandemic and who received services since the
start of the school year using multiple data sources. With this data, the IEP
team should determine whether, and to what extent, the student recouped the
lost skills and/or behaviors and/or has made meaningful progress. If a student
is continuing to evidence a loss of skills and/or behaviors and/or failing to
make progress due to the LEA's inability to provide FAPE while LEAs were using
alternative learning models due to the COVID-19 pandemic, then the IEP team
should determine whether and to what extent the student needs CCS.
What factors and sources of data should an IEP team
consider when determining if a student needs CCS?
The IEP team should consider the following factors and
sources of data collected while LEAs were using alternative instructional
models due to the COVID-19 pandemic and during any period in which a student
receives services:
Levels
of academic and functional performance, including levels of performance on
all IEP goals prior to the mandatory school closures as compared to the
student's current level of performance as measured from the baseline data
collection.
Information
and observations from teachers, related services providers, parents,
caregivers, and other family members.
The
student's ability to access remote learning opportunities and special
education services while LEAs were using alternative learning models due
to the COVID-19 Pandemic.
The
student's engagement in the learning process while the LEAs were using
alternative learning models due to the COVID-19 pandemic.
The
amount of skill and/or behavior loss and/or lack of progress the student
experienced while the LEAs were using alternative learning models due to
the COVID-19 pandemic.
Historical
data regarding the student's ability to recoup lost skills and/or behavior.
Services
provided while the LEAs were using alternative learning models due to the
COVID-19 pandemic.
Data
collected through progress monitoring and progress reports.
Results
from informal and/or formal assessments.
How should an IEP team calculate CCS?
The IEP team should calculate CCS on an individualized
basis. The IEP team should consider the student's loss of skills and/or
behaviors and/or lack of progress due to an LEA's inability to provide FAPE while
LEAs were using alternative learning models due to the COVID-19 pandemic, as
well as whether the student was able to recoup the lost skills and/or behaviors
and/or to make meaningful progress during any period in which the student
received services. If there is any remaining loss in skills and/or behaviors
and/or lack of progress after the recoupment period, but no later than the
first three months following school resuming normal operations, the IEP team
should determine whether and to what extent the student needs CCS. If the
student needs CCS, the IEP team should determine the type and amount of CCS and
how CCS will be delivered. CSS should not supplant the student's current IEP,
and the IEP team should refrain from altering the least restrictive environment
if CCS are offered during the school day.