COVID-19 Compensatory Education Plan: Public Meeting Presentation

Information about the plan, the process for determining compensatory education, and formal and informal dispute resolution options.

thank you for joining us this evening we are here for the public meeting for

compensatory education for students with disabilities during the covid-19 pandemic

students with disabilities are entitled to a free appropriate public education or a fape

the term students with disabilities includes students who have IEPs and

students who have 504 plans compensatory education

may be used to remedy any educational or other deficits that resulted when a

student with a disability did not receive the services that they required

during the pandemic period the pandemic period

is defined as April 14 2020 through June 10th 2022

we know that the pandemic resulted in a learning disruption that

impacted schools around the world many of our students continue to be

impacted by this learning disruption

in early 2021 the United States Department of Education Office for civil rights opened

directed investigations into the services that students were receiving

during the covid-19 pandemic in various School divisions including Los Angeles

Seattle the state of Indiana and Fairfax County Public Schools

in this directed investigation meaning that there was not a specific complaint

made but the office for civil rights determined that they had concerns about

what was occurring in these four School divisions and opened investigations per their

regulatory rights OCR investigated whether FCPS provided a

free appropriate public education or vape to each qualified student with a

disability as required by the federal law that provides students with disabilities

equal access to education which is Section 504 of The Rehabilitation Act of 1973.

and other portions of the laws and regulations that are listed on your

screen foreign

this directed investigation FCPS agreed to resolve the concerns and violations

that OCR identified through resolution agreement

the resolution agreement and the resolution letter are both publicly

available as part of the resolution agreement FCPS

was required to create a plan for compensatory education

this plan outlines how

compensatory education is identified and defined and determined for students with

disabilities due to the pandemic period it also outlines

how FCPS will work with parents Guardians and eligible adult students

with disabilities to make these determinations

the resolution agreement has five components the first component is that there is a

designated administrator to ensure the implementation of the agreement

this person is referred to as the plan administrator

second there is a creation of a plan for compensatory education

that plan includes the criteria used to determine the provision of fape

and compensatory education the tracking mechanisms that will be utilized

and then the training provided to staff and the Outreach to parents Guardians

and other stakeholders part three specifically defines the

criteria used to determine compensatory education part four

specifically defines the Data Tracking requirements and the training that is

required part five defines staff training

and Outreach to the public regarding the plan

let's talk a little bit about the plan specifically

part one as I said a moment ago is the identification of a plan administrator

this person's role will be to oversee the creation and implementation of the

plan for compensatory services and this person shall have

Section 504 and Title II expertise on December 9th we provided the office

for civil rights the qualifications position roles and responsibilities and

support structure for the plan administrator once we

hire the plan administrator that person's name and contact information will be provided to the office for civil

rights in the meantime I am acting as the interim plan administrator

part two is the creation of the plan for compensatory education

in this we will determine whether students with disabilities received an appropriate education to meet their

individual needs during the pandemic period again that is identified as April 14

2020 through June 10th 2022. that specific time frame

is identified because April 14 2020 is when instruction began remotely for

students after the initial shutdown of schools in March of 2020

and it goes through June 10th of 2022 because as we return to in-person

learning in 2021 and 2122 there were

frequent for many students there were frequent

um pauses in their instruction either due to covid-19 contraction or exposures

and there were also significant staffing issues in terms of teachers

also being paused or teachers working remotely or other various things so it

does go through the end of the 2021-22 school year

the other portion of the plan includes that IEP teams and

504 committees will make individualized determinations for each student with a

disability regarding whether or not compensatory education and or any

related services are owed we'll also make compensatory education

decisions that are distinct from recovery services that were provided for students

this also includes the provision of procedural safeguards under Section 504

as well as idea additionally we created a plan to

describe for everyone all stakeholders staff students and parents and Guardians the efforts that we'll undertake to

consider and address the compensatory needs of students with disabilities

the plan will describe the criteria for determining the provision of faith and

compensatory education we have developed a description of the criteria for IEP teams and 504 plan

knowledgeable committees to use when they determine whether students with disabilities received appropriate

services to meet their individual needs during the pandemic period

additionally there's a requirement to document and track for each student with a disability

whether the determination for compensatory education has been made

and if it has the amount nature of and time frame for the delivery

of any required compensatory education and how we will monitor its

implementation for those students who will receive it

additionally there's parent and guardian and stakeholder Outreach as

well as staff training we did provide to the office for civil rights a

description of the training and written guidance that was provided

to both staff and to the public and that was provided for ocr's review and

approval on December 9th

another component regarding compensatory education and the criteria is that we

have provided written notice to all parents and Guardians and adult students with disabilities

um notice that an IEP or 504 meeting will be convened by the end of the school

year for students who are currently enrolled this determination again will be made by

each IEP team or Section 504 knowledgeable knowledgeable committee

each committee will consider and document the following

did FCPS fail to provide the student with the services required in the

student's section section 504 plan or IEP that was in effect at

the beginning of March 2020. in this instance

Services is a much broader term it does not equate necessarily to actual

special education services it could mean accommodations other supplementary AIDS

essentially anything that a student may require to access their education

the team will determine whether the student received what they

should have received that was in the IEP or 504 plan that was

in effect on April 14 2020. a note to consider

Services provided by parents or Guardians during this pandemic period do

not count as Services provided by FCPS meaning

that if a student had a specific service in his or her IEP or 504 plan that was

not provided by FCPS during the pandemic period

but it was provided by the parent for instance that may have been

occupational therapy that had been in the IEP but was not being provided but

the parent did provide it we cannot count that as a service that was provided by the school division

those Services would be eligible for consideration

for reimbursement about a pocket expenses which we'll talk about in a few minutes

additionally FCPS is required to provide the

student's parent or guardian or the adult student access to any information

recorded by the school division regarding the services that were provided to the student during the

pandemic period This Might include IEP or 504 service logs should they exist

finally we must notify you of the process to

challenge any determination that is made by the 504 or IEP team regarding the

compensatory services this is done via the provision of

procedural safeguards we will also talk about that more in depth this evening

next the team has to consider were changes

made to the student's IEP or 504 plan during the pandemic period such as

temporary learning plans virtual IEPs or some other remote learning plan that

resulted in lesser Services being provided to the student than what was in

effect in the IEP or 504 plan prior to those changes

and then item 3 specifically for students with IEPs

the team must consider the student's progress on goals

teams have to consider the following a review of the student's present levels

of academic achievement and functional performance the student's previous rate of progress

toward IEP goals in the pre-pandemic period and then the documented frequency and

duration of any Services provided to the student prior to any service disruptions

caused by the pandemic

next the team must determine

what compensatory education is owed if any for students excuse me who did not

receive what they should have received the team

must determine on an individual basis

what compensatory education the student may need to return that student to the

position that that student would have been in if they had received the services

that met his or her needs finally the team must State the factors

considered in the determination and that would be done through a prior written notice

if compensatory education is required by the student the team must also develop a

plan for providing timely compensatory education to the student the team may consider Recovery Services

that have already been provided as long as those Recovery Services address the

student's individualized needs and excuse me and we're determined on an

individualized basis those Recovery Services were not

determined on an individualized basis and were not

designed to meet the child's needs then they may not be utilized as already have

been already having been delivered as compensatory Services excuse me

finally the team must determine an appropriate

and reasonable time frame for the completion of those agreed upon compensatory services

the parent or guardian or adult student must receive notice of procedural

safeguards including the right to challenge the determination through an impartial

hearing or due process hearing and then the team

the the excuse me the parents or the parent or adult student

um must also receive uh notice of the process to follow for reimbursement of

out-of-pocket expenses this was included in the communication that went to all

current and former parents and Guardians and some adult students

um the week of January 10th we will also talk about it tonight

we provided the office for civil rights for for their review and approval the

written notification that went to all parents um as well as

the written notification that went to parents and Guardians and adult students with disabilities

um that was to be provided within 30 calendar days and that notice again went

out January 10th the week of January 10th

foreign that notice included

letting everyone know that IEP teams and 504 committees will

be reconvening to consider compensatory education for students who are currently

enrolled for students who have left or graduated from FCPS

parents or Guardians May request that those meetings occur foreign

and then that notification also included the process by which teams we will make

these determinations

it also included how to seek reimbursement for

out-of-pocket expenses

there is also a requirement for prior written notice to occur at item four on

your screen that outlines the determination that was

made regarding compensatory education for the student

prior written notice must be provided to the parent guardian or adult student

within 10 business days of the meeting

we must provide the office for civil rights with evidence that these written

notifications these prior written notices have been provided

um because they are the notification of the determination that the IEP team or

the 504 committee made we will provide OCR with that documentary evidence on a

quarterly basis item four is the Data Tracking

we're required to develop a data tracking system that tracks each determination that's made by the IEP

team or the Section 504 committee that includes the reason for the

determination as well as the minute type and date of

those Services being provided to students that Data Tracking System was to be

developed by January 17th it has been developed and

is being utilized by teams that are meeting

it will allow for the creation of reports that show

the services um the amount and what is required by

the IEP team or the 504 plan and then it also will document what has

been provided so that that can also be reported

training is set to occur on the Data Tracking System

um on February 13th we are to to provide the office for

civil rights documentation of the tracking system by February 1st

and then documentation of the training by March 1st

also on February 1st we are providing the office for civil rights with the

name and contact information of the staff member who is responsible for the

tracking system in the reporting that will occur from the tracking system

quarterly and throughout the implementation of the plan we will provide the office for civil rights with

a report that shows the prior written notices that were created as well as the

number of compensatory determinations and the number of services that were completed during this time period

there's also a requirement for random sampling that does not exceed 100 of the

individual packets for each student that would include

the IEP or a 504 plan any attachments and then the prior written notice that

goes with it um for each quarter

OCR is also able to ask for additional packets as needed

we're also meeting with OCR on a quarterly basis until OCR decides that

the monitoring agreement is closed

item five is our training and Outreach plan

we have started to provide written guidance and training regarding the plan

and the implementation of the plan to staff that training began January 9th

and is continuing through the month of January this training includes our commitment to

the implementation of the plan as part of our requirement to provide

students with a free appropriate public education it also includes the distinction between

Recovery Services and compensatory education

as well as the criteria that IEP teams and 504 knowledgeable

committees will use and the requirement that staff input the

data that we just talked about in item four the Data Tracking item as a part of the

agreement there's an emphasis that compensatory

education is an equitable remedy to address any inability or failure on

the part of the school system to provide appropriate services to students with disabilities and then it also outlines

fcps's role in implementing the plan within 10 days of ocr's approval of the

plan we also provided draft written guidance and training materials for

ocr's approval and we are required to complete

the training for staff within 75 school days foreign

plan includes the provision that parents

Guardians and other stakeholders are informed about the plan including

resolution processes when there are disputes and disagreements

and points of contact within five calendar days of the

approval of the plan we did announce in a public statement to all parents and Guardians that we did create the plan

and where the plan could be viewed it is located on fcps's public web page

additionally we have identified specific points of contact regarding the

compensatory education plan including inquiries and cons and concerns and

questions that includes my office the office of special education procedural support the parent Resource Center

the office of the ombuds and the plan administrator once that person is identified

the plan administrator has the responsibility to document track and address any concerns or complaints

regarding the implementation of the plan

the plan administrator also will coordinate any Communications or Outreach to parents or guardians or

adult students and other stakeholders about the plan including three Community

public meetings this is the fourth meeting we determined

to hold four meetings as well as this meeting being recorded

and posted on our public web page all four meetings

were required to occur within 90 business days of the execution of the agreement

there's also a public-facing website that links to the plan and outlines

the notification of the meetings and other specific information again that

public website can be found by going to the FCPS homepage and scrolling to the

bottom to compensatory education foreign

we did provide OCR with the public statement

and they approved it and that public statement was sent out on time

we also provided the office for civil rights with this presentation

um by December 22nd of 2022 and it was approved

we also were required to provide OCR with the schedule for the public

meetings that must we must provide evidence that those

public meetings occurred by March 15 2023

and OCR also approved our public website's content

following our submission of that content on December 22nd 2022.

that website was posted within 15 days finally

twice a year the plan administrator will provide OCR with a summary of all

complaints and concerns that come in regarding the implementation of the plan

that are reported through our dispute resolution processes or any other method

this summary will include any barriers to the provision of

compensatory Services as well

the general requirements of this agreement with the office for civil rights

or that we reach out to current parents and Guardians and adult students

we reach out to former parents Guardians and adult students

we hold IEP meetings and 504 meetings to consider compensatory education for all

current students and we hold IEP meetings and 504

meetings to consider compensatory education upon request for all former students that

includes students who have left the school division either they moved or they withdrew to

another school or who have graduated and finally there's a requirement that

there's ongoing monitoring of the process the progress of the determinations of compensatory education

as well as the delivery of those services

the timeline that we are using and that is in place

um as I said earlier January 9th professional development for staff began

and it is occurring through the month of January

this is the fourth public meeting previous public meetings were held on

January 10th 12th and 17th we also notified parents Guardians and

adult students regarding the meetings that will be scheduled for compensatory

education consideration during the week of January 12th

as of January 10th schools could have begun to schedule

these meetings we did ask that School staff

um ensure that they had received training prior to scheduling and holding these meetings

our expectation is that these meetings will begin February 1st and go through June 16th to

allow for staff to receive training during the month of January and then February 2nd and Beyond

compensatory education can be delivered

so what happens next foreign if you have a current student in

FCPS you'll be contacted to schedule the IEP or 504 meeting

if you are a parent a guardian or an adult student of a student who is no longer

attending FCPS for whatever reason you must request the IEP or 504 meeting from

the school you last attended or the school that your child last attended it may be that your child should

would otherwise attend a different school at this time and we can put you in touch with what school that should be

if you need assistance

those 504 meetings and those IEP meetings will occur this spring they are required to occur

before June 16 2023 we know that some annual IEPs and annual

504 meetings have occurred already for IEPs

they may have addendums to consider compensatory education

however we know that the majority of IEP due dates occur in the spring

our expectation is that this conversation will be part of the annual

meeting for those students 504

committees will need to move the due date the annual meeting will move to the

spring of 2023 for those students our data shows that most 504 meetings or 504

plans actually have annual review dates in the fall but those will move to the spring in order to allow for the

consideration of compensatory services if you have specific questions

about your child's situation please contact your child's case manager

there is an obligation for FCPS to consider the reimbursement

for out-of-pocket expenses that occurred during the pandemic period

if you are seeking reimbursement for out-of-pocket expenses

please gather invoices receipts and any other documentation that you would like

for the committee to consider and provide that to your child's case manager

the team will first consider compensatory services and then the team

will consider reimbursement for out-of-pocket expenses in order to receive reimbursement

FCPS must receive a completed IRS W9 from one of the parents in order to

establish them as a vendor and that is required by FCPS regulation 5810.9

generally parents are reimbursed within 45 days of the submission of the W-9

what happens if you disagree with the decision regarding compensatory

education you do have dispute rights and dispute resolution options available to

you for students who receive special

education you have an administrative review available to you you have a due

process hearing available a facilitated IEP mediation

you may make an office for civil rights complaint you may request an informal resolution

meeting and you may also make a state complaint with the Virginia Department of Education

if your student is eligible under Section 504 you may request an

administrative review you may request a Section 504 impartial hearing

you may request mediation you may make an office for civil rights complaint

or you may request an informal resolution meeting

we will now open our discussion for questions

if you would like to ask a question please raise your hand and we will call on you thank you

Public Meeting Presentation Slides

Introduction

Students with disabilities* are entitled to a free appropriate public education (FAPE) and may require compensatory education to remedy any educational or other deficits that resulted when a student with an individualized education program (IEP) or Section 504 Plan did not receive the regular or special education, and/or related services designed to meet their individual educational needs during the Pandemic Period (April 14, 2020 - June 10, 2022).

The COVID-19 pandemic resulted in a learning disruption that impacted schools around the world. Many students continue to be impacted by this learning disruption.

*This term includes students who have IEPs and those who have 504 Plans.

Background

In early 2021, the United States Department of Education Office for Civil Rights (OCR) opened directed investigations into services during the COVID-19 pandemic with various school divisions, including Los Angeles, Seattle, Indiana, and Fairfax, in early 2021.

OCR’s Investigation

In a directed investigation, OCR investigated whether Fairfax County Public Schools (FCPS) provided a FAPE to each qualified student with a disability (SWD) as required by federal law and provided students with disabilities equal access to education under Section 504 of the Rehabilitation Act of 1973 (Section 504), 29 U.S.C. § 794, and its implementing regulation, 34 C.F.R. Part 104, and Title II of the Americans with Disabilities Act of 1990 (Title II), 42 U.S.C. §§ 12131-12134, and its implementing regulation, 28 C.F.R. Part 35.

Resolution Agreement

FCPS agreed to resolve this directed investigation initiated by the OCR, by voluntarily entering into this Resolution Agreement to address the violations and concerns that OCR identified in a letter of resolution.

FCPS’ Compensatory Education Plan

FCPS has created a Plan, based on the resolution agreement, to determine whether compensatory education is owed to students with disabilities due to the Pandemic Period, and will actively work with parents, guardians, and eligible adult students with disabilities to make the determinations discussed in the Plan.

Five (5) Resolution Agreement Components

I. Designated Administrator to Ensure Implementation of this Agreement
II. Creation of a Plan for Compensatory Education
- A. Criteria for Determining Provision of FAPE and Compensatory Education
- B. Tracking Mechanisms
- C. Division Staff Training and Parent/Guardian and Stakeholder Outreach
III. Criteria for Determining Compensatory Education
- A. Compensatory Education
- B. Compensatory Education Owed
IV. Data Tracking of Services Provided to Students with Disabilities and Compensatory Education
- A. Data tracking
- B. Training on data tracking
V. Division Staff Training and Outreach Plan
- A. Division Staff Training and Guidance
- B. Outreach Plan

Resolution Agreement Details (The Plan)

I. Designated Administrator to Ensure Implementation of this Agreement
FCPS will designate an administrator (Plan Administrator) who will oversee the creation and implementation of the FCPS plan for compensatory education. FCPS will ensure that the Plan Administrator is a Division-level administrator who has Section 504 and Title II expertise.

Reporting Requirements:
✔ Provide qualifications, position roles and responsibilities, and support structure for the Plan Administrator to OCR by December 9, 2022.
● Provide name and contact information for the Plan Administrator to OCR within 21 days of OCR’s approval.
II. Creation of a Plan for Compensatory Education (The Plan)
FCPS will:
- Determine whether SWD received an appropriate education to meet their individual needs from April 14, 2020, through June 10, 2022 .
- Make individualized determinations for each SWD regarding whether compensatory education and/or related services are owed.
- Make decisions regarding Compensatory Education that are distinct from Recovery services for students, including providing the procedural protections afforded by Section 504.
- Create a plan that will describe for FCPS staff, students, and parent/guardians the efforts FCPS will undertake to consider and address the compensatory education needs of students with disabilities.
  
  The Plan will describe the following:
  - A. Criteria for Determining Provision of FAPE and Compensatory Education:
    Develop a description of the criteria for IEP teams and for 504 Plan knowledgeable committees to use in determining whether SWD received appropriate services to meet their individual needs during the Pandemic Period.
  - B. Tracking Mechanisms:
    Document and track for each SWD whether the determination regarding compensatory education has been made; the amount, nature of, and timeframe for the compensatory education (if any) to be provided; and how FCPS will monitor the implementation of compensatory education for those students who are to receive it.
  - C. Division Staff Training and Parent/Guardian and Stakeholder Outreach:
    Provide a description of the training and/or written guidance regarding the Plan for compensatory education, including the criteria to be used when making those determinations and the FCPS outreach to parents/guardian and stakeholders regarding the Plan.
    
    Reporting Requirement:
    ✔ FCPS will provide for OCR's review and approval the Plan described under Section II A-C above by December 9, 2022.
III. Criteria for Determining Compensatory Education
- A. Compensatory Education: FCPS will provide written notice to all parents/ guardians of SWD or eligible students, that an IEP or 504 meeting will be convened for each student by the end of the 2022-23 school year. A determination about compensatory education will be made for each student and the IEP teams and Section 504 knowledgeable committees will consider and document:
  - 1. Did FCPS fail to provide the student with the regular or special education and related aids/services required by the student's Section 504 plan or IEP that was in effect at the beginning of March 2020?
    - a. The IEP team and Section 504 committee will determine whether the student received the amount and type of the regular or special education, and related aids/services that were required by the Section 504 plan or IEP that was in effect on April 14, 2020. The services provided by parents or guardians during the pandemic period will not be counted as services provided by FCPS.
    - b. Provide the student's parent or guardian access to the information recorded by FCPS regarding the amount of special education, related aids/services provided during the Pandemic Period, including the option to review IEP or Section 504 service logs.
    - c. Notify the student’s parent or guardian of the process to challenge the determination made by the Section 504 or IEP team regarding whether or to what degree services were provided to the student during the Pandemic Period, consistent with Section 504 procedural safeguards.
  - 2. Were changes made to the student's IEP or Section 504 plan during the Pandemic Period (Temporary Learning Plans (TLPs), Virtual IEPs, or other remote learning plans) that resulted in lesser services being provided to the student than the Section 504 plan or IEP in effect prior to the changes?
  - 3. For students with IEPs, was goal progress impacted by remote learning? To make this individualized determination, IEP teams will consider, at minimum:
    - a. Present levels of academic achievement and functional performance.
    - b. Previous rate of progress toward IEP goals pre-Pandemic Period.
    - c. Documented frequency and duration of special education and related services provided to the student prior to the service disruptions caused by the COVID-19 pandemic.
- B. Compensatory Education Owed: For students with disabilities who did not receive the regular or special education and/or related aids/services designed to meet their individual educational needs during the Pandemic Period, IEP teams or Section 504 knowledgeable committees will do the following:
  - 1. Make an individualized determination regarding what compensatory education the student needs to return the student to the position the student would be in if the student received services that met his or her individual needs.
  - 2. State the factors considered by the IEP team or Section 504 committee in determining any compensatory education owed to the student.
  - 3. Develop a plan for providing timely compensatory education:
    - a. The team may consider recovery services already being provided as a factor in determining compensatory education if those recovery services, based on an individualized determination of the student's compensatory education needs,address the specific individualized needs of the student.
    - b. However, when the recovery services already being provided do not address the specific individualized compensatory education needs of the student, the team cannot directly subtract provided recovery minutes from the total amount of compensatory education the team determines is needed
    - c. The team will include an appropriate and reasonable timeframe for the completion of the agreed-upon compensatory services.
  - 4. Provide the student's parent/guardian notice of the procedural safeguards, including the right to challenge the IEP team or Section 504 committee’s determination through an impartial hearing.
  - 5. Provide the student's parent/guardian notice of the process to follow for requesting reimbursement for out-of-pocket expenses incurred by the parent or guardian to provide services required by the student's IEP or Section 504 Plan by private or non-FCPS personnel that were not provided during the Pandemic Period.
    
    Reporting Requirements:
    - Provide for OCR review and approval the written notification that FCPS will provide to parents/guardians of all students with IEPs or Section 504 plans by December 9, 2022.
    - Notification will be provided without request by the parents/guardians within 30 calendar days of OCR's approval of the written notification. The notification will be translated into the major languages spoken within the division.
    - The notification will include:
      - a. A statement that FCPS will convene meetings for all FCPS students who an IEP or Section 504 plan during the Pandemic Period to discuss IEP and Section 504 implementation and consideration of compensatory education services. For students who are no longer with FCPS, the notification will state that a meeting will be held at the request of the eligible student, parents, or guardians.
      - b. Process for all IEP teams and Section 504 committees to make an individualized determination regarding whether Pandemic Period compensatory education is owed to a student.
      - c. Process for parents/guardians to request reimbursement for out-of-pocket expenses incurred to provide services required by IEPs or Section 504 Plans by private or non-FCPS personnel that were not provided during the Pandemic Period.
    - Provide written notification of the compensatory education assessment determination by the IEP team or Section 504 knowledgeable committee.
    - Provide for OCR review and approval a written template Prior Written Notice that will be provided to parents/guardians of all students with IEPs and Section 504 Plans to describe the completed Pandemic Period compensatory education assessments as determined by the student’s IEP team or Section 504 knowledgeable committee by December 9. 2022. The PWN will be sent to each parent/guardian within 10 business days of the IEP team of Section 504 Plan meeting.
    - Provide OCR with documentary evidence that written notifications of the compensatory education assessment determination by the IEP teams or Section 504 knowledgeable committees have been sent to parents or guardians of all students with IEPs and Section 504 plans on a quarterly basis through June 30, 2023.
- IV. Data Tracking of Services Provided to Students with Disabilities and Compensatory Education
  - A. Data tracking
    Develop an electronic tracking system that tracks each determination made by IEP teams or Section 504 committees regarding compensatory services, including the reason for the determination. For each student determined to be in need of compensatory services, FCPS will provide the exact minute, type, and date of related aids and services provided as compensatory education for students with IEPs and Section 504 plans by January 17, 2023.
    
    This system will include and allow for the creation of weekly reports that show the number of minutes of special education, related aids, or services that are required by the IEP or Section 504 Plan, the actual service minutes provided, the type of services, and service date; and the corresponding compensatory services specific to minutes, type, and date of provision for services.
  - B. Training on data tracking
    Train and/or provide written guidance to relevant division level and school-level staff on the use of this tracking system by March 1, 2023
    
    Reporting Requirements:
    - 1. Provide documentation to OCR illustrating the special education tracking system as required by Section IV by February 1, 2023.
    - 2. Provide OCR with documentation that division-level and school-level staff receive the data tracking training by March 1, 2023.
    - 3. Provide OCR with the name and contact information for a designated staff member knowledgeable about the tracking system by February 1, 2023. This staff member will provide to OCR quarterly data of aggregate compensatory education services provided to students listed by student ID#.
    - 4. Quarterly, and lasting through the implementation of the Plan, FCPS will provide OCR with a report, which will include:
      - a. Documentary evidence that approved written notifications as described in the reporting requirements in Section III.B. have been sent to parents or guardians of all students with IEPs and Section 504 plans.
      - b. Documentation of the number of Pandemic Period compensatory education determinations that were completed by FCPS during the time period.
      - c. Random sampling of reports generated from the electronic data tracking system, not to exceed 100, reflecting individual compensatory services determinations, including all information outlined in Section IV A. This sampling will include equal distribution students from each region and include ES, MS, and HS. OCR reserves the right at any time to request additional reports for review.
    - 5. FCPS will meet with OCR on a quarterly basis until such time as OCR closes its monitoring of this agreement to discuss compensatory education data. The Plan Administrator, designated staff members or designees will attend the meetings.
- V. Division Staff Training and Outreach Plan
  - A. Division Staff Training and Guidance: FCPS will provide written guidance and/or training regarding the Plan and criteria described in Section II, and the data tracking process described in Section IV to all relevant division-level and school- level staff who have responsibilities under Section 504 and Title II. The guidance and training will include information about:
    - 1. FCPS’ commitment to implement the Plan as part of its obligation to provide a free appropriate public education for students with disabilities.
    - 2. The distinction between recovery services and compensatory education.
    - 3. Compensatory education service determinations, including the criteria IEP teams and Section 504 knowledgeable will use.
    - 4. The requirement that staff input data as described in Section IV.A.
    - 5. Compensatory education being an equitable remedy to address the inability or failure of FCPS to provide appropriate services to a student with a disability during the pandemic period.
    - 6. FCPS role in implementing the Plan.
      
      Reporting Requirements:
      - Within ten (10) business days of OCR's approval of the Plan, FCPS will provide a draft of the written guidance and/or training materials for the training described in Section V.A. above to OCR for review and approval.
      - Within seventy-five (75) school days of OCR's approval of the training materials, FCPS will provide OCR documentation demonstrating that the written guidance and/or training has been provided to all to relevant FCPS staff who provide special or regular education, and related aids for Students with Disabilities.
  - B. Outreach Plan: FCPS will ensure that parents/guardians and other stakeholders are informed about the Plan, including FCPS processes for resolution consistent with the requirements of IEP and Section 504 processes, regarding disputes arising from compensatory education determinations and utilizing FCPS existing points of contact for addressing parent/guardians questions and concerns.
    - ✔ Within five (5) calendar days of OCR's approval of the Plan, FCPS will announce in a public statement to all parents and guardians - including all parents and guardians of students with disabilities enrolled in FCPS during the Pandemic Period - that FCPS has created a Plan to determine whether compensatory education is owed to students with disabilities due to the Pandemic Period and FCPS will actively work with parents/guardians of students with disabilities to make the determinations discussed in the Plan.
    - 2. The existing FCPS points of contact for addressing parents/guardians inquiries and concerns include but are not limited to the following
      - a. FCPS Office of Special Education Procedural Support
      - b. FCPS Parent Resource Center
      - c. FCPS Office of the Family and Student Ombuds
      - d. Plan Administrator
    - 3. The Plan Administrator will document, track, and address concerns and/or complaints regarding the implementation of the Plan that are submitted to the FCPS points of contact.
    - 4. The Plan Administrator will coordinate the communications outreach to parent/ guardians and other stakeholders about the Plan, including the following:
    - ✔ In order to educate parents/guardians on the Plan and the process for Pandemic Period compensatory education assessments and determinations to be completed through the IEP and Section 504 processes, FCPS will provide, at public meetings, an overview of the Plan, including informal and formal resolution consistent with the requirements of IEP and Section 504 processes for disputes arising from compensatory education determinations. FCPS will convene three such community education public meetings, which will take place within ninety (90) business days of executing this Agreement.
    - b. FCPS will create a public-facing website with links to the Plan itself, as well as notifications of the three (3) formal parent/guardian public meetings described above and contact information for addressing concerns with FCPS points of contact. This will be posted on the FCPS homepage, each school's website, and on the special education webpage, and will be accessible for persons with disabilities and translated in the major languages spoken in FCPS.
    - ✔Provide for OCR's review and approval the public Statement of Provision of Services for all Students with Disabilities described under Section V.B. l. Within five (5) days of OCR's approval of this statement, FCPS will publish this statement on the main division website and the special education procedural support website and distribute this statement to all parents/guardians - including all parents/guardians of students with disabilities enrolled in FCPS during the pandemic period by December 9, 2022.
    - ✔Provide OCR with copies of presentation slides and/or written materials it will use for the three (3) formal parent/guardian-attended public meetings described above in Section V.B.3. OCR will provide substantive feedback to FCPS regarding any misalignment with law or this Agreement by December 22, 2022.
    - ✔ Provide to OCR the dates of the scheduled public meetings and the website links to the announcement of the public by January 9, 2023.
    - 4. Provide OCR documentary evidence that the meetings were conducted by March 15, 2023.
    - ✔ Provide for OCR's review and approval the content to be posted on its public-facing website described above in Section V.B.3.c. by December 22, 2022.
      
      FCPS will provide OCR with the links to the information posted on the FCPS website within 15 days of OCR's approval.
    - 6. The Plan Administrator will provide OCR with a summary of the complaints and concerns related to implementation of the Plan reported through FCPS' resolution processes or otherwise collected by FCPS schools from parents/guardians or other stakeholders, disaggregated by region, twice a year, until the conclusion of the monitoring of this Agreement. The summary must include any complaints or concerns relating to barriers to providing compensatory education deemed necessary for receipt of FAPE, such as staffing shortages.

General Requirements

Outreach to current parents/guardians/adult students
Outreach to former parents/guardians/adult students
IEP and 504 meetings to consider compensatory education for all current students
IEP and 504 meetings to consider compensatory education upon request for all former students
Ongoing monitoring of progress of compensatory education determinations and service delivery

Timeline

January 9: Professional development for staff begins

January 10, 12, and 17: Public Meetings

January 12 (or before): FCPS central office will contact parents/guardians/adult students regarding scheduling IEP and 504 meetings to consider compensatory education, the process for determining compensatory education, and the process for requesting reimbursement for out-of-pocket expenses

January 10: School-based staff may begin contacting parents/guardians to schedule IEP and 504 meetings to consider compensatory education

February 1-June 16: IEP and 504 Plan meetings held to determine compensatory education

February 2 and beyond: Compensatory education may be delivered

What happens next?

Once case managers have begun to receive training on determining compensatory education

parents/guardians of current students will be contacted to schedule IEP or 504 meetings
parents/guardians/adult students who no longer attend FCPS will request an IEP or 504 meeting

IEP and 504 Plan Meetings

For students who need to have annual meetings before June 16, 2023, the compensatory education conversation will occur as part of the annual meeting.
Some annual meeting dates will be moved up to allow for the compensatory education conversation to occur before the end of the school year.
Some IEPs will be addended to allow for the compensatory education conversation to occur before the end of the school year.
Contact your child’s case manager with specific questions about scheduling your child’s meeting

Reimbursement for out-of-pocket expenses

Gather invoices, receipts, and any other documentation of the services rendered at parent expense.
Share documentation with your child’s case manager.
The team will consider reimbursement for the out-of-pocket expenses.
Parent/guardian will be asked to provide a completed IRS W-9 to establish them as a vendor, as required by FCPS Regulation 5810.9.
Parent will be reimbursed for the out-of-pocket expense, usually within 45 days.

What if I disagree?

Parents/guardians/adult students have the right to disagree with the team’s compensatory education determination.

Dispute resolution options are available.

Dispute Resolution Options

Special Education

Administrative review
Due process hearing
Facilitated IEP
Mediation
Office for Civil Rights complaint
Informal resolution meeting
State complaint

Section 504

Administrative review
Section 504 impartial hearing
Mediation
Office for Civil Rights complaint
Informal resolution meeting

Questions?

What if I still have questions?

COVID-19 Compensatory Education Plan Main Page