OAR 581-015-2229: Individualized COVID-19 Recovery Services

(1) For the purposes of this rule, eligible students are defined as those students aged 3-21 who are eligible for and receive special education services under the Individuals with Disabilities Education Act. (2) For the purposes of this rule, Individualized COVID-19 Recovery Services are defined as those services determined necessary for eligible students based on the unique needs that arise from their disability due to the impact of the COVID-19 pandemic, which may include but are not limited to: (a) Special education and related services; (b) Supplementary aids and services; (c) Additional or intensified instruction; (d) Social emotional learning support; and (e) Peer or adult support. (3) The IEP team for each eligible student shall consider the need for Individualized COVID-19 Recovery Services at least at each initial IEP meeting and each regularly scheduled annual review meeting. (a) IEP teams shall consider the impact of COVID-19 on the eligible student’s ability to engage in their education, develop and re-establish social connections with peers and school personnel, and adapt to the structure of in-person learning. (b) For initial IEPs, IEP teams shall also review the impact of COVID-19 on the eligible student’s initial evaluation timeline and eligibility determination in considering the need for Individualized COVID-19 Recovery Services. (c) For annual reviews, IEP teams shall also consider the impact of COVID-19 on the implementation of the eligible student’s IEP in considering the need for Individualized COVID-19 Recovery Services. (4) Any member of the IEP team, including parents and eligible students, may request that the IEP team meet to review the need for Individualized COVID-19 Recovery Services at any time. (a) IEP teams are not required to meet more than once annually to consider the need for Individualized COVID-19 Recovery Services unless updated information indicates the eligible student’s circumstances have changed or there is reason to suspect that the eligible student may need any additions or modifications to their Individualized COVID-19 Recovery Services. (b) IEP teams that considered the need for Individualized COVID-19 Recovery Services at an initial IEP or annual review meeting on or after June 24, 2021 shall review the need for Individualized COVID-19 Recovery Services at the next annual review, but are not required to do so before then unless the eligible student’s circumstances have changed or there is reason to suspect that the eligible student may need any additions or modifications to their Individualized COVID-19 Recovery Services. (5) When Individualized COVID-19 Recovery Services are recommended, the eligible student’s IEP must be updated to reflect the recommendation. (6) Each school district or program shall provide written notice to the parents of each eligible student regarding the opportunity for the IEP team to meet to consider Individualized COVID-19 Recovery Services. (7) After each determination is made, the school district or program shall provide written notice to the parent and/or adult student with a disability regarding the determination of need for Individualized COVID-19 Recovery Services. This notice shall include the following documentation: (a) A statement of the Individualized COVID-19 Recovery Services recommended based on the meaningful input of all IEP team members, including parents and eligible students, as appropriate; (b) The projected dates for initiation and duration of Individualized COVID-19 Recovery Services; (c) The anticipated frequency, amount, location, and provider of the services described in subsection (7)(a) of this rule; and whether these services are being provided within the standard instructional day for the eligible student. (8) If the district and parent hold an IEP meeting to discuss the need for Individualized COVID-19 Recovery Services and do not reach an agreement regarding such services, the school district and parent may request a Facilitated IEP meeting. If the district and the parent choose to participate in a Facilitated IEP meeting, the district shall notify ODE. (9) Nothing in this rule shall affect or otherwise alter a parent’s right to seek mediation under OAR 581-015-2335, request a due process hearing under OAR 581-015-2345, a complaint under OAR 581-015-2030, or other parental rights under the procedural safeguards. (10) Nothing in this rule relieves the district of its duty to create an appropriate IEP for every eligible student, regardless of whether the eligible student requires Individualized COVID-19 Recovery Services. (11) The requirements of this rule shall take effect upon adoption and shall remain in effect until July 1, 2023 unless extended by the State Board of Education.