Special Education Directors' Forum Welcome - June 11, 2021 - Minnesota ...
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Special Education Directors’ Forum
Welcome
June 11, 2021
1. Prioritize equity.
2. Start from within.
3. Measure what matters.
Ten 4. Go local.
Minnesota 5. Follow the money.
Commitments 6. Start early.
to Equity 7. Monitor implementation of standards.
8. Value people.
9. Improve conditions for learning.
10.Give students options.
Important Announcement
This Forum will be in presentation format
only. If you have a question about any of
today’s content, please submit to Division of
Special Education email box:
mde.special-ed@state.mn.us
06/11/2021
Today’s Agenda
9:30 a.m.: Welcome – Robyn Widley, Director, Special Education Division, Minnesota
Department of Education (MDE)
9:40 a.m.: Agency and Legislative Updates – Daron Korte, Assistant Commissioner,
MDE
9:55 a.m.: Minnesota Administrators for Special Education (MASE) Updates – John
Klaber, Executive Director, and Sarah Mittelstadt, President, MASE
10 a.m.: Updates from the U.S. Department of Education – Josiah Willey, Ed.D.,
Minnesota State Lead, Office of Special Education Programs (OSEP), U.S. Department
of Education (ED)
4
Today’s Agenda (2)
10:40 a.m.: Break
10:45 a.m.: Assistance and Compliance Division Update – Sonia Smith, Director,
Assistance and Compliance Division, MDE
10:55 a.m.: Early Learning Services Update – Danielle Hayden, Early Childhood
Special Education Supervisor, Early Learning Services Division, MDE
11:05 a.m.: Minnesota Department of Health Guidance – Denise Herrmann, DNP
RN CPNP, Minnesota Department of Health (MDH)
11:15 a.m.: Closing and adjourn – Robyn Widley, Director, Special Education Division
5
Directors’ Forum 2021-22 Updated Dates
August 20, 2021 February 11, 2022
September 10, 2021 March 18, 2022
October 15, 2021 April 8, 2022
November 12, 2021 May 20, 2022
December 10, 2021 June 10, 2022
6
Updates from Robyn Widley – Division of Special Education
• MDE staff is working to update the COVID-19 Special Education webpage to remove,
revise and develop new documents as needed based on the rescinding of
Governor’s Executive Orders 20-82 and 21-21 and the Minnesota Safe Learning Plan
no longer in effect as of June 30, 2021. We will let you know through the special
education directors’ listserv by end of June what actions are taken for the
webpages.
• Extended School Year Guidance for Summer 2021 – posted
Frequently Asked Questions about the Guide to Addressing the Impact of the COVID-
19 Pandemic on Students with Disabilities; added new Questions 15 and 16 updating
guidance on distance learning during Extended School Year (ESY) programs.
7
Updates from Robyn Widley – Division of Special Education (2)
• American Rescue Plan (ARP) Individuals with Disabilities Act (IDEA) funds:
Information on allocations for ARP IDEA funds for Section 611, 619 and Part
C was received on 6/4/21. 100% of 611 and 619 funds are to be sent to
districts. A Frequently Asked Question (FAQ) document from OSEP will be
sent to states later in June. We will share more information with you as we
receive it. General comment from OSEP: these funds are similar to American
Recovery and Reinvestment Act (ARRA) funds in 2009.
• Division of special education strategic planning alignment to MDE strategic
plan and objectives - update and more to come in Fall 2021
8
Coordinated Early Intervening Services (CEIS) Program Minnesota
Automated Reporting Student System (MARSS) Reporting
Reminders – End of Year (EOY) 2020
Local Educational Agencies (LEAs) under Mandatory CEIS and Voluntary CEIS
providing services to students without disabilities/Individualized Education
Programs (IEPs) are required to report these students in MARSS with “Special
Education Evaluation Status (SEES) 8” and in Ed-Fi as “Coordinated Early
Intervening Services” (as relevant for your LEA) by October 7, 2021.
LEAs under Mandatory CEIS to provide services to students with disabilities/IEPs
are required to report these students using the MDE CEIS IEP Student Data
Tracker in the State Educational Record View and Submission (SERVS) system
through the MDE SERVS Webpage and in Ed-Fi as “Coordinated Early Intervening
Services” (as relevant for your LEA) by October 13, 2021.
9
MDE CEIS Technical Assistance – One More Webinar
CEIS Webinar # 5 – Questions and Answers (open-ended): Wednesday, June 16, 2021
1:30-2:30 p.m. – Years 1, 2 and 3 LEAs
Opened-ended webinar
For registration information, please contact Doug Gray at 651-582-8281
If you have any questions, please contact the following program contacts:
Alex Migambi, State Disproportionality Specialist, Special Education, 651-582-8736
Denise Berger, Special Education Funding Specialist, School Finance, 651-582-8260
Carolyn Cherry, Supervisor, Results and Improvement Unit, 651-582-8509
10Alternative Delivery of Specialized Instructional Services
(ADSIS) – Deadline Extended to June 18
ADSIS for Fiscal Years 2022-23 Grant Opportunity instructions, application and budget
documentation is still available on MDE’s grant opportunity site.
Purpose: providing direct instruction and services to K-12 students and preschool
students who are part of district programs that generate general education revenue
and who may need additional academic and behavioral supports to succeed in the
general education environment and who may eventually qualify for special education if
the prevention services were not available.
See the grant instructions for specific, allowable outcomes.
A record number of applicants applied and have been awarded with ADSIS funds for
FY22-23. We have chosen to extend the ADSIS application deadline until June 18, 2021.
11MDE Agency and Legislative Updates
Daron Korte | Assistant Commissioner
June 11, 2021Minnesota Administrators for Special Education (MASE)
Updates
Sarah Mittelstadt | President
John Klaber | Executive Director
June 11, 2021THE U.S. DEPARTMENT OF EDUCATION’S (ED) OFFICE
OF SPECIAL EDUCATION PROGRAMS (OSEP)
AND THE BIDEN ADMINISTRATION
JOSIAH WILLEY, ED.D.
MINNESOTA PART B STATE LEAD
OSEP OFFICE OF SPECIAL EDUCATION PROGRAMS
OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICESAbout Me
Josiah Willey, Ed.D.
• Originally from Maine
• My son, Eli
• State Lead for 10 years
• Minnesota Part B State Lead
since 2014
• LEA Special Education Director
Elementary
• Special Education Teacher
15
OSEP OFFICE OF SPECIAL EDUCATION PROGRAMS
OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICESThe Role of a State Lead
• Federal liaison
• Individuals with Disabilities Education Act (IDEA) Part
C and/or Part B State assignments
• State Leads provide guidance and technical support to
state level teams on a regular basis
16
OSEP OFFICE OF SPECIAL EDUCATION PROGRAMS
OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICESAbout OSEP
• The Office of Special Education Programs (OSEP) is one of many
offices within the U.S. Department of Education (ED)
• Our vision and mission
• Administration of IDEA
• OSEP’s divisions: Monitoring State Improvement Planning (MSIP)
and Research to Practice (RTP)
17
OSEP OFFICE OF SPECIAL EDUCATION PROGRAMS
OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICESED Organizational
Chart
18
OSEP OFFICE OF SPECIAL EDUCATION PROGRAMS
OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICESOSERS Organizational
Chart
19
OSEP OFFICE OF SPECIAL EDUCATION PROGRAMS
OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICESOSEP Vision and Mission
OSEP VISION: Driving excellent outcomes for infants, toddlers, children, and youth
with disabilities and their families through monitoring and supporting States.
OSEP MISSION: Through monitoring, technical assistance, and dissemination of
information to States, families and other stakeholders, MSIP ensures that the rights
afforded under IDEA to eligible infants, toddlers, children and youth with disabilities,
and their families, are assured through implementation of Statewide systems that
incorporate effective strategies to improve functional and educational outcomes to
prepare and provide children with options for further education, employment, and
independent living.
20
OSEP OFFICE OF SPECIAL EDUCATION PROGRAMS
OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICESThe MSIP Division
Led by Dr. Gregg Corr, MSIP Division Director
The Monitoring and State Improvement Planning (MSIP) division carries
out major activities related to the Part B, Part C of the Individuals with
Disabilities Education Act (IDEA) and 619 formula grant programs.
The MSIP division is divided into four teams which are each led by an
Associate Division Director (ADD).
21
OSEP OFFICE OF SPECIAL EDUCATION PROGRAMS
OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICESThe four MSIP ADDs
Team A: Dr. Al Jones
Team B: Christine Pilgrim
Team C: Angela Tanner-Dean
Team D: Matthew Schneer
22
OSEP OFFICE OF SPECIAL EDUCATION PROGRAMS
OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICESIn performing their responsibilities, MSIP teams:
• Conduct Annual Program Monitoring.
• Provide technical assistance (TA).
• Review state eligibility document submissions.
• Provide information and TA to our customers and partners.
• Manage the state grant award process.
• Participate in the development and dissemination of policy, regulatory, and
programmatic guidance.
• Manage audit findings.
• Provide information to customers.
23
OSEP OFFICE OF SPECIAL EDUCATION PROGRAMS
OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICESThe RTP Division
Led by Dr. Larry Wexler, RTP Division Director
The Research to Practice Division (RTP) administers the
discretionary grant programs designed to help infants, toddlers,
children, and youth with disabilities achieve improved
educational results and functional outcomes.
24
OSEP OFFICE OF SPECIAL EDUCATION PROGRAMS
OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICESThe core functions of RTP are:
• Serving as a national leader in early intervention and special
education programs, policies, and activities;
• Collaborating with federal partners and key stakeholders in education
and related fields;
• Developing and administering grants and contracts; and
• Providing information and data to the public, including policy leaders
and other stakeholders
25
OSEP OFFICE OF SPECIAL EDUCATION PROGRAMS
OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICESThe division is organized into five teams:
• Office of the Director
• Early Childhood and Parent Team
• Elementary and Middle School Team
• Secondary, Transition and Post-Secondary Team
• National Initiatives Team
26
OSEP OFFICE OF SPECIAL EDUCATION PROGRAMS
OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICESThe discretionary grant programs are authorized
under:
Part D of IDEA
Personnel Development Grant
Technical Assistance and Dissemination Grants
State Personnel Development Grants
Parent Training and Information Grants
Educational Technology, Media, and Materials Grants
Part B of IDEA
Technical Assistance on State Data Collection
Consolidated Appropriations Act, 2012
Promoting the Readiness of Minors in Supplemental Security Income (PROMISE) Grants
Annual Report to Congress
27
OSEP OFFICE OF SPECIAL EDUCATION PROGRAMS
OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICESOSEP, Office of the Director
The Office of the Director (OD) in OSEP ensures:
• The effective implementation of OSEP's legislative mission
• Advises the Assistant Secretary on federal educational policy
related to individuals with disabilities
• And provides leadership in addressing problems of American
education for infants, toddlers, children, and youth with
disabilities.
28
OSEP OFFICE OF SPECIAL EDUCATION PROGRAMS
OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICESActing OSEP Director
Dr. David Cantrell, Acting OSEP Director
Dr. Cantrell, delegated the authority to perform
the functions and duties of the Assistant Secretary
for the Office of Special Education and
Rehabilitative Services
Has led OSEP’s work in support of President
Biden’s Executive Order on Supporting the
Reopening and Continuing Operation of Schools
and Early Childhood Programs.
29
OSEP OFFICE OF SPECIAL EDUCATION PROGRAMS
OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICESState Performance Plan/Annual Performance Report
IDEA requires each state to develop a State Performance
Plan/Annual Performance Report (SPP/APR) that evaluates the
state’s efforts to implement the requirements and purposes of the
IDEA by February of each year.
Includes indicators that measure child and family outcomes and
other indicators that measure compliance with the requirements of
the IDEA.
30
OSEP OFFICE OF SPECIAL EDUCATION PROGRAMS
OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICESOSEP uses this and other public information to
annually determine if the state:
Meets requirements
Needs assistance
Needs intervention
Needs substantial intervention
31
OSEP OFFICE OF SPECIAL EDUCATION PROGRAMS
OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICESResults Driven Accountability (RDA)
On June 24, 2014, OSEP revised its accountability system
to shift the balance from a system focused primarily on
compliance to one that puts more emphasis on results.
This became what we know as Results Driven
Accountability, or RDA.
32
OSEP OFFICE OF SPECIAL EDUCATION PROGRAMS
OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICESRDA's Three Components:
• State Performance Plan/Annual Performance Report
(SPP/APR), which includes the State Systemic
Improvement Plan (SSIP) under Indicator 17.
• Determinations
• Differentiated monitoring and support
33
OSEP OFFICE OF SPECIAL EDUCATION PROGRAMS
OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICESThe Core Principles of RDA
Principle 1: Partnership with stakeholders
Principle 2: Transparent and understandable to educators and families
Principle 3: Drives improved results
Principle 4: Protects children and families
Principle 5: Differentiated incentives and supports to states
Principle 6: Encourages states to target resources and reduces burden
Principle 7: Responsive to needs
34
OSEP OFFICE OF SPECIAL EDUCATION PROGRAMS
OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICESState Systemic Improvement Plan (SSIP)
In response to OSEP’s RDA initiative, states and entities have been required to submit
SSIPs annually, which fall under Indicator 17 of the SPP/APR.
In the SSIP, states will:
• Use data to identify and address gaps in student performance.
• Align the SSIP with the state’s existing improvement initiatives and reform efforts.
• Align with other improvement work to drive innovation in the delivery of services to
students.
35
OSEP OFFICE OF SPECIAL EDUCATION PROGRAMS
OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICESSSIP Phases
• Phase I was due in 2015.
• Phase II was required in 2016.
• Phase III was required in 2017, 2018, 2019, 2020 and
2021.
36
OSEP OFFICE OF SPECIAL EDUCATION PROGRAMS
OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES2022 SSIP Submission
In 2022, states must include the specific content required by
Indicator 17 which includes:
a. Data Analysis;
b. Phase III Implementation, Analysis and Evaluation;
c. Stakeholder Engagement; and
d. Additional Implementation Activities.
37
OSEP OFFICE OF SPECIAL EDUCATION PROGRAMS
OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICESIDEA Formula Grant Programs
MSIP administers three formula grant programs authorized by the
IDEA:
• Part C: infants and toddlers with disabilities and their families;
• Part B, Section 619: preschool children ages three through five,
and
• Part B, Section 611: special education for children and youth
with disabilities.
38
OSEP OFFICE OF SPECIAL EDUCATION PROGRAMS
OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICESParts B and C Formula Grants
Part B Formula Grants
IDEA Part B Formula Grants assist states in providing a free appropriate
public education in the least restrictive environment for children with
disabilities, ages three through 21.
Part C Formula Grants
IDEA Part C Formula Grants support early intervention services for
infants and toddlers.
39
OSEP OFFICE OF SPECIAL EDUCATION PROGRAMS
OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICESSignificant Disproportionality
IDEA requires states to collect and examine data to determine if significant
disproportionality based on race and ethnicity is occurring in the state and LEA level
with respect to:
A. The identification of children as children with disabilities, including the
identification of children as children with disabilities in accordance with a
particular impairment;
B. The placement in particular educational settings of such children; and
C. The incidence, duration and type of disciplinary actions, including suspensions
and expulsions.
40
OSEP OFFICE OF SPECIAL EDUCATION PROGRAMS
OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICESSignificant Disproportionality (2)
• IDEA does not define “significant disproportionality.”
• The regulations require states to use a standard methodology
for analysis of disproportionality, including setting a threshold
above which disproportionality in the identification, placement,
or discipline of children with disabilities within an LEA is
significant.
41
OSEP OFFICE OF SPECIAL EDUCATION PROGRAMS
OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICESDifferentiated Monitoring and Support (DMS 2.0)
OSEP provides differentiated monitoring and support as
part of its results driven accountability system.
42
OSEP OFFICE OF SPECIAL EDUCATION PROGRAMS
OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICESDifferentiated Monitoring and Support (2)
OSEP annually provides differentiated monitoring and support to states on:
• Ensuring improved outcomes for infants, toddlers, children, and youth with
disabilities.
• Complying with the IDEA programmatic requirements.
• Complying with federal fiscal requirements.
• Collecting and reporting valid and reliable data.
• Ensuring implementation of the state’s State Systemic Improvement Plan
(SSIP).
43
OSEP OFFICE OF SPECIAL EDUCATION PROGRAMS
OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICESFiscal
Congress appropriates IDEA funds intended to support
early intervention and special education services for
infants, toddlers, children, and youth with disabilities
and their families.
OSEP currently monitors formula grant to ensure
consistency with federal requirements.
44
OSEP OFFICE OF SPECIAL EDUCATION PROGRAMS
OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICESFiscal (2)
OSEP’s fiscal monitoring includes:
• On-site visits and telephone interviews
• Reviews of publicly available information
• State-submitted documentation
• Uniform Guidance from the Office of Management and
Budget and audits from the Office of Inspector General
45
OSEP OFFICE OF SPECIAL EDUCATION PROGRAMS
OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICESThe Biden Administration
The Biden Administration officially began on January 20.
The top priorities during its first 100 days have been focused on
the importance of ensuring students can return to schools
safely.
46
OSEP OFFICE OF SPECIAL EDUCATION PROGRAMS
OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICESThe Biden Administration (2)
In the first 100 days, the administration has made significant strides in
reopening schools for in-person learning. The Administration has:
• Reopened majority of K-8 schools for in-person learning
• Provided unprecedented resources and support to PreK-12 schools to help in
their reopening efforts.
• Provided support and relief to students, borrowers, and postsecondary
institutions impacted by the pandemic.
• Proposed historic new investments in America's educational system to lead
the country through an economic recovery and build the education system
back better than it was before.
47
OSEP OFFICE OF SPECIAL EDUCATION PROGRAMS
OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICESU.S. Secretary of Education
U.S. Secretary of Education, Miguel Cardona
Miguel A. Cardona was sworn in as the 12th Secretary
of Education on March 2, 2021.
48
OSEP OFFICE OF SPECIAL EDUCATION PROGRAMS
OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICESU.S. Secretary of Education (2)
• Secretary Cardona has two decades of experience as a public school educator
from the City of Meriden, Connecticut.
• In 2012, he won the 2012 National Distinguished Principal Award for the State
of Connecticut and the Outstanding Administrator Award from University of
Connecticut's Neag School of Education.
• Secretary Cardona then lead the work of Performance and Evaluation in the
district and subsequently assumed the role of Assistant Superintendent for
Teaching and Learning, overseeing teaching, learning and leadership
alignment.
• Prior to becoming the 12th Secretary of Education, Secretary Cardona served
as the Commissioner of Education in Connecticut since August 2019.
49
OSEP OFFICE OF SPECIAL EDUCATION PROGRAMS
OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICESImplementing the Biden Administration’s
Priorities at ED
ED has done much to support the Biden Administration’s priority to
reopening and rebuilding public education across the nation by supporting
more schools in their efforts; addressing the longstanding equity,
opportunity, and achievement gaps that were exacerbated by the
pandemic; and ensuring that students, families, and educators make a
robust recovery.
50
OSEP OFFICE OF SPECIAL EDUCATION PROGRAMS
OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICESThe Biden Administration’s Priorities
In these efforts, ED has:
• Launched the Summer Learning and Enrichment Collaborative
• Renewed our partnership with the Puerto Rico Department of Education,
providing immediate access to $900+ million in federal education.
• Conducting a comprehensive review of regulations implementing Title IX
Guidance to provide guidance on guaranteeing educational environments
free from discrimination on the basis of sex, including sexual orientation or
gender identity.
51
OSEP OFFICE OF SPECIAL EDUCATION PROGRAMS
OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICESThe Biden Administration’s Priorities (2)
• Administered $1.3 billion in Disability Loan forgiveness in higher
education, ensuring that 230,000 borrowers with total and permanent
disabilities can focus on their well-being.
• Paused student loan payments, helping an additional 1 million
borrowers burdened by debt during the COVID-19 emergency.
• Discharging $1.6 billion of debt for Historically Black Colleges and
Universities (HBCU).
• Provided nonstop assistance and guidance to educators, students, and
stakeholders interested in our reopening efforts.
52
OSEP OFFICE OF SPECIAL EDUCATION PROGRAMS
OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICESThe Biden Administration’s Priorities (3)
Additionally, Secretary Cardona has shared additional priorities to guide our
work in the coming days and months. These include:
• Promoting equity in student access to educational resources, opportunities,
and welcoming environments;
• Supporting a diverse education workforce, and educators’ professional
growth, to strengthen student learning;
• Meeting students’ social, emotional, and academic needs;
• Improving student postsecondary education pathways, college affordability
and completion; and
• Strengthening cross-agency coordination and community engagement to
advance systemic change.
53
OSEP OFFICE OF SPECIAL EDUCATION PROGRAMS
OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICESImplementing the Biden Administration’s
Priorities at OSEP
OSEP continues to work closely with the new administration particularly
in the areas of equity and the health and safety for all students.
Specifically, the OSEP team is:
• Promoting equity in student access to educational resources,
opportunities, and welcoming environments;
• Supporting a diverse education workforce, and educators’ professional
growth, to strengthen student learning;
54
OSEP OFFICE OF SPECIAL EDUCATION PROGRAMS
OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICESThe Biden Administration’s Priorities at OSEP
• Meeting students’ social, emotional, and academic needs;
• Improving student postsecondary education pathways, college
affordability and completion; and
• Strengthening cross-agency coordination and community engagement
to advance systemic change.
• Differentiated Monitoring and Support (DMS) 2.0 “PIVOT”.
The intent of these calls is to ensure that states have the support they
need and help OSEP understand the issues that are occurring as a
result of COVID-19.
55
OSEP OFFICE OF SPECIAL EDUCATION PROGRAMS
OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICESAmerican Rescue Plan (ARP)
On Thursday, March 11, 2021, the American Rescue Plan (ARP) Act was signed
into law.
• Unprecedented $1.9 trillion package of assistance measures, including $122
billion for the ARP Elementary and Secondary School Emergency Relief (ARP
ESSER) Fund.
• Funds are provided to State educational agencies and school districts to help
safely reopen and sustain the safe operation of schools and address the impact
of the coronavirus pandemic on the nation’s students.
• ARP ESSER funds may be used for all purposes allowed under IDEA
56
OSEP OFFICE OF SPECIAL EDUCATION PROGRAMS
OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICESSection 2014 of the American Rescue Plan Act
of 2021
Section 2014(a) of the American Rescue Plan Act provided more
than $3 billion in supplemental funding for the three IDEA formula
grants:
• $2,580,000,000 for IDEA Part B Grants to States (Section 611)
• $200,000,000 for IDEA Part B Preschool Grants (Section 619)
• $250,000,000 for IDEA Part C Grants for Infants and Families
57
OSEP OFFICE OF SPECIAL EDUCATION PROGRAMS
OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICESClosing
Thank you for your commitment to support infants, toddlers, children and youth
with disabilities and their families in Minnesota.
Your OSEP Part B State Lead contact information:
Josiah L. R. Willey, Ed.D.
Education Program Specialist
Office of Special Education Programs
U.S. Department of Education
Josiah.Willey@ed.gov
202-245-6247
58
OSEP OFFICE OF SPECIAL EDUCATION PROGRAMS
OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICESOSEP
OFFICE OF SPECIAL EDUCATION PROGRAMS
OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES
U.S. DEPARTMENT OF EDUCATION
Home: www.ed.gov/osers/osep
Blog: https://sites.ed.gov/osers
Twitter: https://twitter.com/ED_Sped_Rehab
YouTube: www.youtube.com/c/OSERS
OSEP OFFICE OF SPECIAL EDUCATION PROGRAMS
OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICESBreak
Special Education Directors’ Forum
June 11, 2021Assistance and Compliance Division Updates
Sonia R. Smith | Division Director
June 11, 2021Upcoming Training
Student Maltreatment Program
Olmstead Training: Reimagining Mandated Reporting
Friday, June 18, 2021
8:30 a.m.- 12 noon, WebEx
Miriam Itzkowitz, MSW and Katie Olson, J.D.
Institute to Transform Child Protection at Mitchell-Hamline School of Law
Board of School Administrators Continuing Education Units available
Register now on Webex
(https://minnesota.webex.com/minnesota/k2/j.php?MTID=t03816ae65af08f2e9061d95ada7fa475)
62New and Different
Stepwell MN Updates
More Information Coming Soon
Extended School Year (ESY) Guidance for Summer 2021
Frequently Asked Questions about the Guide to Addressing the Impact of the
COVID-19 Pandemic on Students with Disabilities; added new Questions 15 and
16 updating guidance on distance learning during Extended School Year (ESY)
programs.
63Extended School Year (ESY) Guidance for Summer 2021
[ADDED 6/2/21] Question 15: May school districts continue to provide a distance learning model option to students with disabilities eligible
for ESY services during the summer of 2021?
Answer: Yes, until June 30, 2021. On July 30, 2020, to further mitigate the community spread of COVID-19 during the global pandemic,
Minnesota schools were directed to prepare to implement an appropriate educational instructional model at the start of the 2020-21 school
year (specifically, an in-person model, a distance learning model, or a hybrid model). MDE and the Minnesota Department of Health developed
the Safe Learning Plan guidance document explaining how Minnesota schools were to determine the appropriate educational instructional
model in districts across the State. Further, Minnesota schools were tasked with providing an equitable distance learning option for all families,
regardless of the appropriate educational instructional model the district was using. On May 6, 2021, Executive Order 21-21 ordered that,
notwithstanding any other provision to the contrary, the provisions of Executive Order 20-82 do not apply beyond the 2020-21 school year, and
that effective on Thursday, July 1, 2021, Executive Order 20-82 is rescinded.
Services provided before July 1, 2021 during the summer of 2021 are considered services provided during the 2020-21 school year. Specifically,
ESY services are an annual IEP team determination, and thus included in student IEPs as part of the 2020-21 school year, and school districts
may continue to provide ESY programming for students in a distance learning model or a hybrid model in accordance with Minnesota’s Safe
Learning Plan during the summer of 2021. ESY services must be provided in accordance with a student’s IEP as necessary to provide FAPE. As
such, the student’s IEP must continue to describe the learning model for the summer of 2021, as appropriate, and as it impacts the provision
of a FAPE.
Authority: 34 C.F.R. § 300.106 and Minn. R. 3525.0755; Minn. Exec. Order No. 20-82 (July 30, 2020); Minnesota’s Safe Learning Plan for the
2020-21 School Year, (July 30, 2020); and Minn. Exec. Order No. 21-21 (May 6, 2021).
64Extended School Year (ESY) Guidance for Summer 2021
Continued
[ADDED 6/2/21] Question 16: May school districts continue to provide a distance learning model option to students with
disabilities eligible for ESY services after July 1, 2021?
Executive Order 20-82 provided school districts and charter schools with the ability to offer instruction and services through
distance learning. Executive Order 20-82 will be rescinded at 11:59 p.m. on June 30, 2021 by Executive Order 21-21.
Therefore, effective July 1, 2021 school districts and charter schools no longer have authority to provide ESY services
through distance learning unless they are a state approved online provider under Minnesota Statutes Section 124D.095.
The Minnesota Legislature is currently debating a provision that would allow all school districts and charter schools to offer a
distance learning option to all students during the summer of 2021 and the 2021-22 school year. We will update this
guidance document with any legislative changes as we learn of them.
Authority: 34 C.F.R. § 300.106 and Minn. R. 3525.0755; Minn. Exec. Order No. 20-82 (July 30, 2020); Minnesota’s Safe
Learning Plan for the 2020-21 School Year, (July 30, 2020); and Minn. Exec. Order No. 21-21 (May 6, 2021).
Questions: For questions related to this FAQ document or the Guide to Addressing the Impact of the COVID-19 Pandemic on
Students with Disabilities, please contact MDE’s Division of Assistance and Compliance, Dispute Resolution Team or call 651-
582-8689.
65Physical Holding and Seclusion Reporting
There are no changes to seclusion reporting for July 15, 2021. Please continue to report seclusions as outlined below:
Send an email confirming no seclusion uses to MDE.RP-SeclusionReporting@state.mn.us.
Complete the Quarterly Seclusion Reporting Form on the Seclusion webpage, and upload.
Physical holding reporting will hopefully be collected via the new Stepwell MN reporting tool.
District trainings on Stepwell MN will be provided on Thursday, June 24 in two sessions: 9-10 a.m. and 1-2 p.m., and will be recorded and
available online.
The due date for physical holding is July 15, 2021, but MDE will continue to accept submissions of physical holding data through August 2021.
For Stepwell MN, you will need names and Minnesota Automated Reporting Student System (MARSS) numbers for students who have been
physically held during the 2020-21 school year, as well as information about what has worked in your district to complete narrative responses.
We appreciate your patience as we get this new system up and running.
Questions can be sent to MDE.RP-SeclusionReporting@state.mn.us.
66Special Education Complaints Fiscal Year (FY) 2018-20
FY20 FY19 FY18
116 complaints received by 122 complaints received by MDE 116 complaints received by MDE
Minnesota Department of
Education (MDE)
87 decisions issued through August 98 decisions issued through August 87 decisions issued through August
29, 2020 29, 2019 29, 2018
63 decisions (72 percent) with 78 decisions (80 percent) with 55 decisions (63 percent) with
findings of noncompliance findings of noncompliance findings of noncompliance
6 systemic complaints 8 systemic complaints 8 systemic complaints
0 decisions appealed 0 decisions appealed 0 decisions appealed
67Most Common Violations
Top Areas of Noncompliance Reference
Failure to provide services in conformity with a student’s individualized education
34 C.F.R. §§ 300.17, 300.101
program (IEP).
Failure to timely review and revise a student’s IEP. 34 C.F.R. § 300.324(b)
34 C.F.R. § 300.503; Minn. Stat. §
Failure to provide proper prior written notice.
125A.091; Minn. R. 3525.3600
Failure to follow statutory standards regarding restrictive procedures. Minn. Stat. § 125A.0942
34 C.F.R. §§ 300.17, 300.320(a)(3);
Failure to provide appropriate progress reports.
Minn. R. 3525.2810
Failure to inform staff of IEP responsibilities. 34 C.F.R. § 300.323(d)
34 C.F.R. §§ 300.300-300.306;
Failure to follow evaluation procedures.
Minn. R. 3525.2550, 3525.2710
68Top Areas of Non-Compliance in Special Education Complaints
FY20
Services in conformity with a student’s Individualized Education
Program (IEP).
Timely review and revision of a student’s IEP.
Prior written notice.
Restrictive procedures.
Progress reports.
69Helpful Tips
• Be as proactive as possible before and during the complaint process
• Proactively work on resolutions to complaints
• Review the FY20 annual report for more information related to complaints
• Visit our webpage (report found at the bottom of the page)
• Plan to attend summer trainings and webinars
• Topics may include
• Ways to avoid violations
• Getting familiar with new systems
70Thank you
Sonia R. Smith
mde.compliance-assistance@state.mn.us
651-582-8689Early Learning Services Updates
Danielle Hayden| Early Childhood Special Education (ESCE) Supervisor
June 11, 2021
72End of EO 20-94: Eligibility
What will happen after Executive Order 20-94 has been rescinded on or before
June 30, 2021?
Upon the end of the Executive Order 20-94, students that are age 7 and older
and still reported as disability code developmental delay (12) must be evaluated
in order to determine eligibility for categorical disability or determined no
longer eligible for services. Minnesota Rules, part 3525.1351 states that a child
age 3 through age 6 may meet eligibility for special education services by
meeting criteria for a categorical disability or by meeting criteria for
developmental delay.
73End of EO 20-94: Reporting
Students who are age 7 or 8 at the end of the school year and who have a primary
disability of 12 should have Status End code of 40 (assuming they are enrolled on
the last day of the school year), Special Education Evaluation Status (SEES) is 4 or 6.
If the student is re-evaluated over the summer and qualifies for another disability,
then the student will start the 2021-22 school year with SEES of 4 and the new
disability.
If the student is re-evaluated over the summer but does not qualify, then the
student will start the school year with SEES of 1 and no disability.
74End of EO 20-94: Reporting Continued
If the student’s re-evaluation does not occur until after the school year starts, the
student will start the school year with a SEES of 1 or 2 (depending on when the
evaluation begins).
• If the student qualifies, a new enrollment record is created on the day that
services are started under the new IEP.
• If the student does not qualify, the student’s SEES remains a 2.
The MARSS edits will revert to the pre-Executive Order status at the beginning of
the 2021-22 school year. Error 106 “Primary disability not appropriate for age” is
generated when the student’s age is age 7 or older, the primary disability is 12,
developmental delay and the enrollment record crosses December 1. The student
is ineligible to be included in the December 1 child count.
75End of EO 20-94: Fiscal Considerations
As of June 30, 2021, with the rescinding of EO 20-94, students that have been
receiving special education services under developmental delay will no longer
be eligible to receive those services and therefore, special education service
hours, membership and attendance would not be reported.
Special education federal and state funds could be used to continue the
evaluation and eligibility determinations for students aging out of
developmental delay.
76Recovery and Support Considerations
Special education students and those that no longer qualify for services, are
entitled to the same supports and recovery options as general education
students.
There are opportunities to consider the use of resources in supporting students
through this time.
77Home Visiting Part C Service Delivery:
Pre-COVID Complaint Decision
20-049C
Location of Services: Natural Environment defined as where the child and
parents are located.
Method of Service Delivery: “Virtual Services” as one way of providing services
in the child’s home, when clearly described in the Individual Family Service Plan
(IFSP) and agreed upon by the parent, is a description of the “method” of
delivery, and is still considered a provision of early intervention services in the
child’s natural environment.
78What Are the Considerations in Returning to In-Person Home
Visiting?
Monitor for Symptoms of Illness: if provider or anyone in household have symptoms
of any illness, in-person visit will be postponed (could instead have a virtual visit)
Communication and Reporting Protocols: how will you continue to track and monitor
transmission
Environmental Controls/Supports: Outdoor spaces, open windows, limit numbers
present, etc.
Universal Health and Hygiene Protocols: handwashing, disinfecting, masking
Consider Decision Making Rubrics for in-person or virtual service delivery
79Important Dates
Fall ECSE Leaders Conference: Virtual
Wednesday, October 6, 2021, 12 noon to 4 p.m.
Wednesday, October 13, 2021, 12:30 to 4 p.m.
Wednesday, November 3, 2021, 12:30 to 4 p.m.
Fall New ECSE Leaders Training: Virtual
Tuesday, August 17, 2021: Morning
Wednesday September 29, 2021: Afternoon
80Special Education Update
Denise Herrmann, DNP RN CPNP | COVID-19 Education and Childcare Team
6/11/2021
This information is as accurate as the time it was presented. The situation is fluid and unprecedented and I will
continue to do our best to give the most up-to-date guidance.
81Basic Tenets
82The Swiss Cheese Model of Pandemic Defense
(https://www.nytimes.com/2020/12/05/health/coronavirus-swiss-
cheese-infection-mackay.html)
83Schools and Child Care COVID-19:
Planning, Guidance and Data Webpage
Schools and Child Care COVID-19 Planning,
Guidance, and Data:
(https://www.health.state.mn.us/diseases
/coronavirus/schools/plan.html)
• Two sections:
• 2020-21 School Year Guidance
• 2021 Summer School Guidance
84COVID-19 Prevention Guidance for Summer School
COVID-19 Prevention Guidance for Summer School:
(https://www.health.state.mn.us/diseases/coronavirus/schools/sum
mer.pdf)
• Federal government, Minnesota Rule, and universal business
guidance requirements:
• Face coverings: All people are required by Centers for Disease Control and
Prevention (CDC) order to wear face coverings on all public transportation
conveyances (airports, public buses, etc.), including school buses.
• Handling a suspected or confirmed case of COVID-19: Minnesota Rule
4605.7070 requires any person in charge of any institution, school, child
care facility, or camp to report cases of COVID-19 to the Minnesota
Department of Health (MDH).
• Executive Order 21-11, as amended by Executive Order 21-21 and 21-23
(“EO”), requires all businesses and entities to follow the COVID-19
Universal Guidance for All Businesses and Entities through June 30, 2021,
or until 70% of Minnesotans aged 16+ receive at least one dose of a
COVID-19 vaccine, whichever is earlier.
85Recommendations for Mitigating COVID-19 Transmission
in K-12 Schools
• Recommend schools follow CDC’s guidance on • Follow the Recommended COVID-19 Decision
physical distancing and cohorting: Operational Tree for People in Schools, Youth, and Child
Strategy for K-12 Schools through Phased Care Programs to determine who should stay
Prevention: home and when staff or students may return
(https://www.cdc.gov/coronavirus/2019-
ncov/community/schools-childcare/operation-
strategy.html#anchor_1616080084165). • Educate staff, students, and families about the
signs and symptoms of COVID-19, when their
• Aligning with CDC, it is strongly recommended children should stay home, and when they can
that all people present in school buildings and return to school.
district offices wear a face covering
• Develop policies to prevent the spread of
• All members of the school community should disease.
continue to be vigilant in monitoring for
symptoms of illness and protect others by • Post signage at main entrance(s) requesting
staying home when they are feeling ill and that people who have been symptomatic not
following COVID-19 specific exclusion and self-
quarantine guidance when appropriate. enter the building.
86Recommendations for Mitigating COVID-19 Transmission
in K-12 Schools (continued)
• Develop policies for managing case follow-up and notifying exposed people,
consistent with Recommendations for Handling a Confirmed Case of COVID-
19.
• Personal protective equipment is strongly recommended for staff providing
direct student support services to reduce the risk of COVID-19 transmission in
situations that involve close, physical, or prolonged contact.
• Ventilation is an important factor in preventing COVID-19 transmission
indoors. Facility owners and operators are strongly recommended to evaluate
the operational capacity of ventilation systems and increase and maintain
ventilation provided throughout the building.
8788
Recommendations for Handling a Confirmed Case of
COVID-19
Recommendations for Handling a Confirmed Case of COVID-19:
(https://www.health.state.mn.us/diseases/coronavirus/schools/
casehandle.pdf)
• Minnesota Rule 4605.7070 requires any person in charge of any
institution, school, child care facility, or camp to report cases of
COVID-19 to the Minnesota Department of Health (MDH).
• Reportable Disease Rule (Communicable Disease Reporting Rule):
Reporting an Infectious Disease:
(https://www.health.state.mn.us/diseases/reportable/rule/index.
html)
• Recommendations for identifying close contacts in classrooms,
cafeterias, transportation, etc.
• Recommendations for COVID-19 exposure notification and
quarantine of close contacts.
89Recommendations for Infection Prevention and Control
Practices for Delivering Direct Student Support Services
Recommendations for Infection Prevention and Control Practices for Delivering Direct Student
Support Services: (https://www.health.state.mn.us/diseases/coronavirus/schools/directsupport.pdf)
90Recommendations for Providing Support to Students in
Their Homes
Recommendations for Providing Support to
Students in Their Homes:
(https://www.health.state.mn.us/diseases/
coronavirus/schools/homevisit.pdf)
• Before and during visit recommendations for
staff, students and families.
• Caring for People with Disabilities:
(https://www.cdc.gov/coronavirus/2019-
ncov/need-extra-precautions/direct-service-
providers.html)
91Morbidity and Mortality Weekly Report (MMWR): Hospitalization of
Adolescents Aged 12-17 Years with Laboratory-Confirmed COVID-19
— COVID-NET, 14 States, March 1, 2020-April 24, 2021
Jan. – Mar. 2021: • Dr. Yvonne Maldonado, chair of the committee
on infectious diseases at the American Academy
• 204 adolescent hospitalization assessed. of Pediatrics, said:
• “There’s a very strong case to be made for
• Nearly 1/3 required intensive care unit preventing a disease that causes hospitalizations
admission, and 5% required invasive mechanical and deaths, not to mention contributing to
ventilation but no associated deaths occurred. community transmission.”
• Hospitalization rate was three times as high as • Among children “at least 322 have died, making it
one of the leading causes of death among children.”
hospitalizations linked to influenza over three
recent flu seasons. • “It sounds like it’s not a lot of deaths,” but, she
added, “it should still be horrifying that 300 to 600
• Hospitalization of Adolescents Aged 12–17 Years kids are dying because of something that is
preventable.”
with Laboratory-Confirmed COVID-19 — COVID-
NET, 14 States, March 1, 2020–April 24, 2021:
(https://www.cdc.gov/mmwr/volumes/70/wr/ • Teens Are Rarely Hospitalized With Covid, but
mm7023e1.htm?s_cid=mm7023e1_w) Cases Can Be Severe:
(https://www.nytimes.com/2021/06/04/health/
coronavirus-teenagers-hospitalizations.html)
92MMWR: Modeling of Future COVID-19 Cases, Hospitalizations, and
Deaths, by Vaccination Rates and Nonpharmaceutical Intervention
Scenarios
Modeling of Future COVID-19 Cases,
Hospitalizations, and Deaths, by
Vaccination Rates and Nonpharmaceutical
Intervention Scenarios — United States,
April–September 2021:
(https://www.cdc.gov/mmwr/volumes/70/
wr/mm7019e3.htm?s_cid=mm7019e3_w)
93MDH Inboxes
• Public (parents, staff, non-nurse) • Positive Case in Child Care, School, Day
Inquiry Inbox: Camp:
Health.covid19@state.mn.us Health.schoolcc.followup@state.mn.us
• Question/Positive Case in Institutes • Questions on IEPs/504 plans,
of Higher Education attendance requirements and drops,
(IHEs)/Colleges/Universities: distance learning go to the MDE
Health.HigherEd.Covid19@state.mn. COVID-19 Inbox: COVID-
us 19.Questions.MDE@state.mn.us
• Question/Positive Case in Youth • Question from School Nurse,
and Adult Sports: Administration or Child Care Provider:
Health.sports.covid19@state.mn.us Health.schools.covid19@state.mn.us
94Thank You
MDH Schools Inbox: Health.schools.covid19@state.mn.us
(Exclusion guidance, health concerns, potential exposures, interpreting
CDC/MDH guidance)05/07/2020
In closing – our thoughts continue
to be with you all
Stay healthy – stay well
We all do better when
we all do better… together.
-Adapted from Senator Paul Wellstone
9605/07/2021
Thank you
…for all you do for Minnesota students and families.
Questions?
https://www.surveygizmo.com/s3/6366504/June-2021-Directors-Forum
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