COVID-19 Resources & FAQ

Will Child Care Access be Expanded?

On March 18, 2020, Governor Whitmer signed Executive Order 2020-16 which allows school districts or non public schools the ability to establish and maintain a temporary “disaster relief child care center” without the required license from the Department of Licensing and Regulatory Affairs (LARA) for child care services to children of the essential workforce. Currently, the E.O. will remain in effect until April 13.

What happens to attendance accounting during the closure period? 

At this time, we have no additional information from MDE on whether the hour, instruction day and percentage of students in daily attendance requirements will be amended or whether an extended school year schedule will be required.  Some of this may depend on whether schools resume operations on April 6th. Some of this may also depend on Legislative action. As we receive additional information from MDE, we will be certain to update it here. 

What about compliance reporting requirements during the closure period? 

During the School Closure Order Period, all Master Calendar of Reporting requirements are postponed until Tuesday, April 14th.

Will my school continue to receive state aid during the closure period? 

Yes, the March State Aid should not be interrupted. It is our understanding that the March state aid payment will be made as usual by the State of Michigan. Authorizers have confirmed that arrangements are in place to forward the March state school aid payments to schools or intercepts to third parties that have intercept agreements on file.  

What about vendor agreements during the closure period? 

Since schools will continue to receive state school aid payments during the School Closure Order Period, the expectation is that schools (and educational management companies contracted to pay expenses/ costs of operating the school) will continue to make arrangements for payment of monthly invoices and other obligations.

Can I attend a conference during the closure period? 

During the School Closure Order Period, all school staff and board member conferences (whether in-state or out of state) should be postponed. 

When will spring break be held? 

 The decision about when to hold spring break should be made locally; however, the Governor is encouraging schools that have a spring break scheduled outside of this ordered closure to realign them to occur during the closure period. If schools do not, there is a possibility that one of the three weeks could be beyond what the legislature and the Governor might count in the waiver of the 180 day/1098 hour requirement.

Do schools accept enrollment applications during the closure period? 

Enrollment windows are determined by each school. Please consult school websites for updated enrollment windows.

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Can my school continue to provide food service during the closure period? 

Yes. MDE requested and received a waiver from the United States Department of Agriculture (USDA) to serve non-congregate meals during this period. See the guidance issued by MDE on March 13 for additional information. 

Has the state applied for a waiver to increase Supplemental Nutrition Assistance Program (“SNAP”) and other food benefits for families?

Information on SNAP eligibility can be found here. 

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What should schools be doing with regard to student instruction during this time?

Our expectation is that all schools work to encourage students to continue their students’ learning at home during the School Closure Order Period. Decisions on how to do this should be made locally and and should prioritize the health and welfare of students and staff. 

Can the online learning options that my school provides students during the closure period count as hour/instructional day requirements? 

No. MDE issued guidance on March 20 indicating that “[t]here is no mechanism to earn instructional time during a period of mandated school closure.” The guidance also indicates that professional development offered during this time will not count as instructional time. 

Schools are both allowed and encouraged to offer online supplemental learning opportunities during the School Closure Order Period.  In providing these supplemental opportunities, schools should be mindful to ensuring they are offered in an equitable fashion.   

Though it is expected that the state Legislature will take action address certain unresolved issues that have arisen during the School Closure Order Period, at that at this point it is not known what action, if any, action the Legislature will take that would affect this decision. We will share additional information as we receive it.  

Are there resources that I can share to support student learning during the closure period? 

Online resources to support student learning outside of instructional time are many. One resource of materials specifically designed for students during this closure period is here. 

Is free Internet access available for families who cannot afford it? 

At least one provider is offering free Internet for a limited period of time for individuals receiving public assistance (see here). Others are suspending data caps. Contact local Internet providers in your area for the most up-to-date information. 

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How will the MHSAA suspension of athletics impact students?

The MHSAA will continue to provide guidance on the impact of the season’s suspension on their webpage here. 

What about school related trips during the closure period? 

During the School Closure Order Period, all school related field trips and other planned trips outside of the school building (whether in-state, out of state or out of country) should be postponed.  School officials should be advising parents and families of these postponements.

Can extracurricular activities continue during the closure period? 

During the School Closure Order Period, all school extracurricular activities should be postponed. The MHSAA has already suspended immediately and indefinitely all postseason events sponsored by MHSAA.  

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What is the school board’s role during this time? 

The board's role remains to ensure that your hired or contracted management is doing what is in the best interest of the students, within the parameters of the law, policy, and the charter contract. This includes continuing to be engaged by regularly receiving information about their school’s academic, organizational, fiscal, and health and safety condition outside of meetings. 

Is the board expected to meet during the School Closure Order Period?

The decision of whether or not to meet should be made by locally, prioritizing the health and welfare of all involved. Should meetings be cancelled or rescheduled, proper notification pursuant to the Open Meetings act and the Master Calendar of Reporting Requirements must be provided. 

Are virtual board meetings allowed?

Yes. Gov. Whitmer issued Executive Order 2020-15, which temporarily authorizes public meetings and hearings to be held virtually, such as by a conference call or a video conference. Consistent with the Open Meetings Act, the public’s ability to participate in the meeting must be preserved. Please consult your board’s legal counsel for further details. 

Can boards limit public participation in meetings (i.e., go into closed session) to protect the health and safety of its members if a meeting is necessary during the School Closure Order Period?

The Open Meetings Act provides a limited number of reasons for which a closed meeting is permissible. Protection of health and safety is not among them. Boards should seek the advice of board counsel on questions related to closed sessions. 

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Are schools required to provide special education services during the closure period?

If your school/district does not provide services for students during this closure, then your school/district is not required to provide services for students with IEPs (OSERS March 2020).  

Do schools need to provide compensatory services for a student with an IEP due to the school closure?

There may be circumstances where an IEP team needs to consider whether there is a need for compensatory education.  This decision is made on an individual basis.

When schools reopen, but a student with an IEP is absent for an extended period due to contracting the coronavirus, is the school required to provide compensatory education once the student returns to school?

Yes, per MDE, compensatory education may need to be provided upon the student’s return to school, or when their quarantine period has ended. 

Is a physician statement required prior to providing homebound/hospitalized services per R340.1746 of the Michigan Administrative Rules for Special Education given the COVID-19 crisis?

No, effective immediately, MDE is waiving this requirement only during the period of this public health emergency for students who are under quarantine or have contracted the coronavirus. The waiver will not apply to additional days of absence.

What is a school/district's obligations to students with disabilities if they elect to provide online/distance learning opportunities for their students?  

• The school/district must ensure that each student with an IEP has equal access to the same opportunities as other students including the provision of a  free appropriate public education (“FAPE”). This includes delivery of specially designed instruction based on the student’s unique needs designed to ensure  the student makes progress in the general curriculum and toward meeting IEP goals. 34 C.F.R. §§300.39 and 300.320.

• The students’ technology needs must be considered for each student with an IEP in order to provide access to regular and special education services. If additional technology is needed for a student to receive FAPE, it must be provided by the school at no cost to the student/parents/caregiver. 34 C.F.R.§300.105. This includes appropriate technology, and access to high speed internet access.  This determination must be made on a case-by-case basis.  

If online learning is used during the closure period, what must schools do to assure that each student with an IEP received FAPE services?

Upon return to school, the IEP team must review the provision of FAPE services provided during the period of distance learning, to determine if compensatory services are warranted in any service area including instruction and/or any individual therapies per the student’s IEP (e.g. speech and language therapy, Occupational Therapy, School Social Work Services, Teacher Consultant services, etc.).  This determination is made on a case-by-case basis. (OSERS March 2020).

If a district needs to convene an IEP team meeting during this period of school closure, what options does the school have to meeting?  

A district may consider scheduling a virtual IEP team meeting along with other meeting formats (e.g. face-to-face or a combination of face-to-face and virtual).  This decision must be made on a case-by-case basis and must include the parent.  

Are there additional resources to support special education compliance during the timeframe of mandatory school closure resulting from the COVID-19?

Yes, the document entitled, Questions and Answers on Providing Services to Children with Disabilities During the Coronavirus Disease Outbreak provides additional valuable information.  Please note that this resource addresses students covered under IDEA, Section 504 and Title II of the ADA. 

If an initial special education evaluation has been initiated and the school cannot meet the evaluation timeline due to the closure period what should the school/district do to address this compliance requirement?

The school/district should seek an evaluation timeline extension (per R 340.1721b, see page 61-62) from the parent.  Your electronic IEP system likely includes a document for this purpose. If you cannot locate this document, contact your local ISD or IEP vendor for assistance.

What do we do if the annual IEP comes due during the school closure period?

At this time, IEP timelines cannot be extended and will result in an untimely data submission. MDE will issue a Data Alert, however this will not result in Corrective Action.

What should a school/district do if the re-evaluation timeline cannot be met due the school closure period?

MDE guidance suggests that the school request an extension of the evaluation timeline through use of an Agreement to Extend Evaluation Timeline document.  MDE will issue Data Alerts for annual IEPs 3-year re-evaluations not completed within the 3-year timeline due to mandatory school closure resulting from COVID-19, however, Corrective Action will not be issued.

If school is in session and a parent decides to keep their child home as a precautionary measure, is the school required to provide homebound services or to consider the need for compensatory education?

No, the school is not obligated to provide homebound or compensatory education.

Can a school/district request a parent to keep their child home out of concern for the child’s health (e.g. student is at-risk of health complications)?

If a school/district requests a parent to keep their child home, this may trigger a “change in placement” and special education procedural requirements.  

If a student is currently receiving homebound services and schools are closed, is the school required to provide services for students?

No, schools are not required to provide services for students with IEPs while schools are closed. See the first question under “Special Education Services.”

If a parent of a student who is receiving homebound services requests the district to not provide services due to health and safety concerns, is the district required to make up missed services?

No, the student is considered absent (record this as an absence in logs) and the district is not required to provide make-up or compensatory services.

If schools are open and the school determines that staff will not provide homebound services due to health and safety reasons, during this public health emergency, is the school required to make-up or provide compensatory services?

The school must review the IEP and determine what, if any, services must be made-up (compensatory services) to assure that the student has received a FAPE.

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Updated March 23, 2020 @ 1:57 PM