BASA AdminiScope, August 2020

OSEP Explains IDEA Procedural Safeguards During the COVID-19 Pandemic By: Carolyn A. Davis, Esq. & Shawna M. Sorrell, Esq. The Office of Special Education Programs (OSEP) recently responded to inquiries about the implication of pro - cedural safeguards in the Individuals with Disabilities Education Act (IDEA) in the current COVID-19 environ - ment. IDEA demands specific procedural safeguards for agency activities, but agencies may accept electronic signatures and provide electronic notice with appropriate safeguards. Parental Consent Public agencies need parental consent for evaluations and related services for children, and to disclose per- sonal identifiable information (PII) from the child’s education records. Additionally, State Lead Agency (State LA) and Early Intervention Service (EIS) providers need parental consent for screening purposes or to dis- close PII. An agency may accept electronic or digital signatures provided it adopts the appropriate safeguards. Proper safeguards include that the electronic signature (1) is signed and dated, (2) identifies and authenticates a particular person as the source of the electronic consent, (3) indicates such person’s approval of the informa - tion contained in the electronic consent, and (4) is accompanied by a statement that the person understands and agrees. Prior Written Notice & Procedure and Safeguards to Notice

EF Educational Tours It’s been just about 6 months since the U.S. Department of State raised the Global Health Advisory to level 4, advising against international travel. While that has been recently lifted, unfortunately the world is not yet back to normal. As everyone readies for the new school year – reacting to constantly updated guidance from state and local authorities and balancing it with feedback from your communities and the families you serve – we have heard one consistent theme: we all need something to look forward to. Communities sacrificed so much these last few months, socially, financially and professionally – from rites of passage for our students like proms, sports, plays and graduation, to our own human need to interact – with friends, family, colleagues and strangers. As a parent, I can say with a full heart that I desperately want to give my kids something they can look forward to – in fact, I need it just as much as they do. As I read the headlines locally and around the country daily, one thing continues to resonate for me – the need to truly understand each other and to expand our own perspectives. We live in a global economy and are preparing students with that mindset to help them build successful careers – to understand themselves, the world and their place in the world. And that is more valuable and more important now than ever before. Since March, I’ve stayed in constant touch with colleagues and EF teams around the world. I’m feeling cautiously optimistic about travel in some regions happening in 2021 and I am very confident in 2022. How- ever, there is still uncertainty and many questions I’m sure you all have about safety that will impact your community's decision about travel. I want you to know that we are here to support you through the deci- sion-making process and to answer those questions and help you make informed decisions. I’m proud of the hundreds of EF operations staff located in our offices around the world who have been working diligently to understand and adjust to what future travel will look like; helping us all prepare to get back to exploring the world together. So whenever you’re ready to travel, I can promise we will be ready for you, with the safety of our travelers continuing to be our first priority, as it has been for the last 55 years. I also want to reassure you about EF’s strength as a business, as we all see travel and other industries struggling. The way EF is managing through this pandemic today is no different than the way we have suc - cessfully navigated countless other world events – by prioritizing our customers and making sure we focus on the long-term health of the business. EF is family owned and has been thoughtfully managed for more than five decades. We also have a wide portfolio of educational products around the world, which gives us a strong foundation and means we are built for a strong future to continue our mission of giving confidence and freedom to people of all ages, nationalities and backgrounds. Well over 70% of groups that were scheduled to travel in 2020 have rescheduled for a future tour. And we intend to be here so that when we can travel safely, those students - as well as the tens of thousands of others with the same dream - can take advantage of the transformative experience of travel with EF. This is my commitment to you: all of EF is here to support you and your communities as we return to dream- ing about all the places we’ll go together and giving students something to look forward to again. Should you want to talk further about the safety precautions or your districts planning for the future of travel, I encourage you to reach out to me directly at Kate@ef.com. Sincerely, Kate Berseth President, EF Educational Tours Kate@ef.com

If a parent has previously agreed or agrees during the pandemic, public agen - cies and the State LA or EIS providers can use email rather than hard copy mail to deliver prior written notice and procedural safeguards within a reason - able time before taking certain actions. Access to Records

In light of social restrictions, for agencies and providers to comply with requests to inspect and review records, the parties may identify a mutually agreeable timeframe and reasonable method for providing access to the records. Possible methods include email, a secure online portal, and postal mail.

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