As we navigate the ever-changing requirements and guidelines of this new school year, we wanted to send out an update on the most recent CDE guidance and recommendations for how to proceed with your child’s IEP.
On July 15, the California Department of Education released the 2020 Budget Act and Special Education guidance, which outlines the requirements for Local Education Agencies (LEA) (District’s) concerning the 2020-21 School Year. This amends section 56345 of the California Education Code, to require the following:

• LEAs (Districts) must include a description of how the IEP will be provided under emergency conditions in which instruction or services (or both) cannot be provided to the pupil at school or in person for more than ten school days.
• This description should include the implementation of special education and related services, supplementary aids and services, transition services, and extended school year services.
• Most notably, this description of the implementation of the above services must be written into an individualized education program (IEP) by the next regularly scheduled IEP meeting (i.e., Annual IEP or requested IEP).
  So What Does This Mean for You?
  With this requirement, Districts are now held accountable by CDE to include a description of HOW they are going to implement your child’s services through the current Distance Learning construct. We must get that description written into your child’s IEP as soon as possible,
  without waiting until the next scheduled Annual IEP meeting. We strongly encourage each of you to reach out in writing to your District representative/Case carrier as soon as possible to “request an IEP meeting to discuss the implementation of your child’s IEP through Distance Learning.”Additionally, by September 30, 2020, the District’s are required to adopt a Learning Continuity Plan; which addresses HOW the District will provide continuity of instruction during the school year to ensure pupils have access to a full curriculum of substantially similar quality regardless of the method of delivery, including the LEA’s plan for curriculum and instructional resources that will ensure instructional continuity for pupils if a transition between in-person instruction and distance learning is necessary. The Learning Continuity Plan also is required to include a description of the additional supports the LEA will provide during distance learning to assist pupils with unique needs, including English learners, and pupils with exceptional needs served across the full continuum of placements as well as how they plan to address pupil learning loss during the 2019-20 and 2020-21 school years. We predict that this Learning Continuity Plan will provide a further understanding of how the District’s plan to address and adhere to CDE guidelines related to the implementation of your child’s specific services as outlined in their IEP. We are advising our parents to develop a spreadsheet of services missed. In the meantime, you must be documenting your child’s progress in a way that suffices to show should there be any regression in skills. Should the District not effectively implement your Child’s IEP through the Distance Learning Model, you will need proof of a learning regression to seek compensatory services for the failure of FAPE potentially.