Some children with disabilities require special education and related services longer than the usual school year in order to receive FAPE. Extended School Year (ESY) services are special education and/or related services provided beyond the usual school year, at times when school is not usually in session - typically during the summer.
ESY services are different from summer school, summer remedial classes, and summer enrichment programs. ESY services are individualized, based on the child’s needs as documented in the IEP, and are free of charge to parents.
Decisions about whether your child will receive ESY services and what services he will receive will be made by your child’s IEP team. You are a member of the IEP team. An IEP meeting is held to consider your child’s needs for ESY services. This meeting must be conducted like any other IEP meeting with appropriate prior notice. You, the child’s teacher(s), related service providers, or administrators may request an IEP team meeting to consider your child’s need for ESY services.
If these services are not already part of your child’s IEP, you need to consider whether they would be necessary to meet his unique needs. If so, you should consider convening an IEP meeting to revise the IEP to include these services.
Your state department of education develops the criteria for Extended School Year services for schools in your state. These criteria will differ from state to state. Your state department of education will be influenced by legal decisions about Extended School Year services in your state or circuit courts. These issues lead to confusion about Extended School Year services for children with disabilities.
The Regression-Recoupment Myth
You may receive incorrect information about ESY from the staff at your child’s school. For example, you may be told that ESY services are not available for children in your child’s disability category. School staff may tell you they only use a “regression-recoupment” formula to determine which children are eligible for ESY services. Although these statements are legally incorrect, you will need documentation to make your case. You need to know what the law and regulations say.You will find that Extended School Year (ESY) is not mentioned in the IDEA statute, but it is in the IDEA regulations. Read the IDEA regulation about ESY at 34 CFR § Section 300.106
Contact your state department of education (http://www.yellowpagesforkids.com/help/seas.htm). Ask that they send you all information they publish about Extended School Year services. Next, visit the web site of your state department of education. Search the site for information about “Extended School Year” and “ESY.”
Learn more about Extended School Year (ESY) Services http://www.wrightslaw.com/info/esy.index.htm
Tags: ESY · Extended School Year · FAPE · Summer School16 Comments
VA Action Alert!
16 responses so far ↓
One of my children did qualify for ESY on the basis that he failed to show progress (regression). However, my daughter qualified for ESY, because she was “on the verge” or at a turning point (I think it was worded at a “pivotal point”) in her reading instruction. Was not easy to get ESY for either child, but thanks to the Wrights, I was able to. Since that time (last summer), my daughter has improved her reading from 69 words per minute to 120 words per minute on her grade level, when assessed using the AIMSWeb assessment. You have to remember though, that we have the appropriate reading program in place as well. However, the ESY really helped both kids. Thanks Pam, Pete and staff for empowering parents, which enables our children to succeed!
I have found that obtaining ESY is highly dependent on good documentation. The first few tests of the school year are VERY important. Document the time the student spends preparing for a test, the test grades (if failing), and comments from the teacher regarding the student’s preparedness at the beginning of the year. I usually ask a teacher to do this in a little note after the first two weeks of school.
If you have carefully documented that your child had more than the normal amount of regression during the summer months, it is highly likely that you will not be refused ESY services.
Automatic assumption that once ESY always ESY is not true. once. You will have to follow through on documentation each year.
This information can also help to support you if you feel the correct intervention is not in place.
Sharon
if a child’s iep calls for assistive technology and they are placed in an out of district placement by the town, who is responsible for providing the assisstive technology? the town agreed to do a consult/eval for the child and found he needs certain things, but neither the town or the private school is willing to provide…they are saying it is each other’s respsonsibility.
thank u
Cara: The public school is responsible for providing a child with FAPE - special education, related and supplementary services designed to meet his unique needs..
So, the public school is responsible for providing/paying for the assistive technology and related services he needs. The public school can either pay directly, or they can contract with another entity to provide these services. Placing a child in an out-of-district placement does not eliminate the school’s responsibility to provide FAPE.
My son was given the ABBLS-R assessment at school and it showed considerable regression. Is this an evaluation that we can have done independently at public expense?
Thanks
Robert
I just learned of your website today, after talking with Equip for Equality. Our situation is this: Our 21 year old son (DOB 9-10-87) has CP, is non-ambulatory and non-verbal. He functions at a level of a 12 mo. old. He is totally dependent. He is in a special education program in the school system (we are in Illinois). He has attended summer school for the last eight years. We have requested he attend summer school this summer, since by law, we feel he is entitled to school until the day before his 22nd birthday. The “team” is fighting us and has said summer school is an option only if he needs it for his transition to a full day care program (which he will attend when he is 22 yrs old). They are proposing he begin transition soon and begin day care after the semester ends in May. We prefer summer school/transition.Please help
Does ESY apply if a child has not met in social / behavioral IEP goals? The child has a diagnosis of autism but is very verbal and ok on most academic areas. Traditional summer school is mostly for math/reading catch-up and would not meet his needs. He cannot attend summer camps on his own, he does not have the social skills or frustration management skills to be able to attend safely.
Thanks for any advice on ESY. The school has stated that the social and communication deficits of autism cannot be measured with a research based tool (child has the ADOS and recent Vineland and WISC).
Theresa
Go to the state education agency’s website & look at the definition of ESY that it uses. Each state develops their own definition. While most definitions mention regression, there may be something else there that can help you build a case for ESY.
Also see if the state has any special rules for students with autism. The Academy of Pediatricians recommends that children w/ autism have services year round. Some states have picked up on this & included it in their rules.
Good luck.
ESY for social skills and following directions / compliance
What test to measure?
How do I proceed?
I would expect without appropriate, trained and intense lessons my son with autism will regress.
How do I discuss ESY for my team. What I read is only about test scores and grades, and yet the academic deficits of autism are social skills and behavior. HELP!
I have read the state regs (IL).
ESY for social/behavior goals.
My question is how to measure?
What tests show need?
If there is not a test to measure, can IEP be based on observations and statements of previous patterns during breaks?
Theresa,
Look at the IL document at http://www.isbe.state.il.us/spec-ed/pdfs/memo_esy_01.pdf , especially questions 2, 4, 8, 10. These may give you support & ideas for pushing the team on the areas of concerns.
Also look at the autism document at http://www.isbe.state.il.us/spec-ed/pdfs/guidance_asd_08-1.pdf, if you have not already done so.
Also check with your state Parent Training & Information Center to see what type of help they can give you. Chances they have helped parents with requests for ESY.
Just a reminder that `if you want ESY addressed or updated for your child for this summer, you need to be preparing & approaching the school soon.
Can my childs school which have a IEP for my son. They had him in regular classes, we had a iep meeting . Then 4 moths later the teacher decided to pull my son from all his classes, and put him in just her 1 classroom all day. He refuses to work now. Can she do this without a iep change or meeting? HELP. He doesnt like her so he’s going to fail now as hes not working. adhd child. School believes he has more!
Can a school district recommend ESY for academics but not EsY speech/language services?
My daughter is profoundly impaired with autism but has emerging skills in speech, reading and writing. We are moving to a new school system at the end of school. I’ve asked her new district to be part of planning ESY and they have refused to participate. Our school says they will write ESY and it will be up to our new school to approve or reject it. I’m worried this is about to become controversial as our school is fairly affluent and the new school is in an area with limited resources. I don’t want to be a bully and I’ve tried meetings, emails, phone calls and cookies. I simply see no interest from the new school. Is there any way to make this situation better? Do I have any legal rights requiring them to help plan this difficult transition?
My son (3 1/2) has made great progress in school precisely because he benefits from the structured environment. At home it’s another story, due to PDD/NOS issues, another sibling with autism, and sensory problems. Behaviors include: aggression; stimming/perseveration; running away in public places. I fear the school district will not approve ESY for him because of a focus only on regression (the only one mentioned in NY State Dept Q&A on ESY).
(1) Can anyone clarify whether the other standards (e.g. “window of opportunity for emerging skills”) from federal court decisions (see newsletter) still applies for NY residents?
(2) How can I make a stronger case for my son? My key fear is behavioral regression, which unfortunately is documented only by me.
HELP.
Rosemary