Wrightslaw l No Child Left Behind l IDEA 2004 l Fetaweb l Yellow Pages for Kids l Harbor House Law Press

 Home > Doing Your Homework > ESY, Regression, and Responding to "Misinformation" from School Administrators by Sue Whitney


The Special Ed Advocate
It's Unique ... and Free!

Enter your email address below:

 

2014 - 2015 Training Programs

Oct 23 - Wilton, CT

Oct 25 - Olympia, WA

Oct 30 - Phoenix, AZ

Nov 6 - McAllen, TX

Nov 18 - DesMoines, IA

Nov 21 - Temecula, CA

Dec 4 - OKC, OK

Full Schedule

Be a Hero ...

 Jason at Ft. Benning
... to a Hero
Learn more

Wrightslaw

Home
Topics from A-Z
Free Newsletter
Seminars & Training
Consultations
Yellow Pages for Kids
Press Room
FAQs
Sitemap

Books & Training

Wrightslaw Books & DVDs
Wrightslaw Storesecure store lock
  Advocate's Store
  Student Bookstore
  Exam Copies
Training Center
Bulk Discounts
New! Military Discounts
Mail & Fax Orders

Advocacy Library

Articles
Doing Your Homework
Ask the Advocate
FAQs
Newsletter Archives
Summer School Series
Success Stories
Tips

Law Library

Articles
Caselaw
IDEA 2004
No Child Left Behind
McKinney-Vento Homeless
FERPA
Section 504
Fed Court Complaints

Topics

Advocacy
ADD/ADHD
Allergy/Anaphylaxis
Assistive Technology
Autism Spectrum
Behavior & Discipline
Bullying
College/Continuing Ed
Damages
Discrimination
Due Process
Early Intervention (Part C)
Eligibility
ESY
Evaluations
FAPE
Flyers
Future Planning
Harassment
High-Stakes Tests
Homeless Children
IDEA 2004
Identification & Child Find
IEPs
ISEA
Juvenile Justice
Law School & Clinics
Letters & Paper Trails
LRE/Inclusion
Mediation
Military / DOD
No Child Left Behind
NCLB Directories
NCLB Law & Regs
Parental Protections
PE and Adapted PE
Privacy & Records
Procedural Safeguards
Progress Monitoring
Reading
Related Services
Research Based Instruction
Response to Intervention (RTI)
Restraints/Abuse
Retention
Retaliation
School Report Cards
Section 504
Self-Advocacy
Teachers & Principals
Transition
Twice Exceptional (2e)
VA Special Education

Resources & Directories

Advocate's Bookstore
Advocacy Resources
Directories
  Disability Groups
  International
  State DOEs
  State PTIs
Free Flyers
Free Pubs
Free Newsletters
Legal & Advocacy
Glossaries
   Legal Terms
   Assessment Terms
Best School Websites

 

ESY, Regression, and Responding to "Misinformation" from School Administrators
by Sue Whitney, Research Editor, Wrightslaw

Print this page

The school told me that the state regulations mandate that a child cannot receive more hours of support per week during ESY than he has specified in his IEP for the regular school year. His classroom teacher and I both feel that he needs more hours per day in order to recoup what he loses each summer.

ESY is a Team Decision

What you were told is not true. Extended School Year (ESY) decisions are made by the IEP team. ESY is not limited to the summer months, so even the logic behind this “misinformation” is faulty.

It would be a good idea to document that:

  • 2 team members agree your son needs more hours
  • the school administrators and/or case manager are “misinformed”

ESY can be used to recoup regression, or to catch the child up to where he should be, or for any other reason the team decides.

It can be more or fewer hours than what your child is already getting. If a child is falling behind with what he is currently getting there is an argument that he is not getting what he needs during the year.

When classroom “support”, whatever that is, does not work it would make sense to switch to something that is more likely to work. Daily one-to-one instruction for increasing amounts of time until he has mastered the state curriculum standards for reading and writing for his grade may be more appropriate.

Sample Letter

I suggest a letter in formal business-letter format that contains wording similar to the sample letter below.

Jane Smith
500 Oak Lane
Nashua, NH 03060
555-555-1212

April 18, 2010

Nathan Weiss, Director of Special Education
SAU #1
1001 Main Street
Nashua, NH 03060

Reference: Michael K. Smith
DOB: 01/02/96
School: Grove Middle School

Dear Mr. Weiss:

I am having a hard time getting an answer to an ESY question.

I have been reading through the NH statute and through all of the Wrightslaw books that I own in addition to on-line research. I can’t seem to find a specific answer.

My son has an IEP that provides him with 3 hours per week of in-class support in Reading & Writing.

His standardized testing (NECAPs, NWEAs) for fall 2009 and winter 2010 (NWEA only) have shown regression. His fall NECAPs actually showed him in the Partial range for proficiency. His fall testing consistently shows regression.

We have been informed by ___________ at our last IEP meeting that ESY for Michael is limited to 3 hours per week (1 hr. per day, 3x a week) as that is what is specified in his IEP for the regular school year. His classroom teacher and I both feel that he needs more hours per day in order to recoup what he loses each summer.

His case-manager, ___________, has told me that the NH state regulations mandate that a child cannot receive more hours per week during ESY than he has specified in his IEP for the regular school year. I have asked her repeatedly to show me where that is stated in the statute or otherwise. She refuses and states that “this is what she has been told by the school administrative unit”.

I am confused. Is it a policy of the _______________school district to set this limit on ESY? If so, please send me a copy of that policy.

If state or federal statute or regulations set this limit on ESY, please refer me to the location of the wording.

If the case-manager is misinformed, and no such limit exists, please accept this letter as my request to reconvene the IEP team meeting to continue the discussion of what is needed to close the gap between Michael and his peers. I understand that a meeting will be scheduled within 21 days or you will issue a Prior Written Notice of why my meeting request has been refused.

Thank you for your assistance and quick response. If you have questions about my request, please call me at 555-555-1212.

Sincerely,


Jane Smith

Copy: Michael's cumulative education file

Be sure to keep a copy for your records. Hand deliver your letter to the school. Note the time, date, identity of the person who received the letter and include this information in your records.

Good Luck,

Sue


Meet Sue Whitney

Sue Whitney of Merrimack, New Hampshire, is the research editor for Wrightslaw.

Sue is the co-author of Wrightslaw: No Child Left Behind (ISBN: 978-1-892320-12-4) that is published by Harbor House Law Press.

In Doing Your Homework, she writes about reading, research based instruction, No Child Left Behind, and creative strategies for using federal education standards to advocate for children and to improve public schools. Her articles have been reprinted by SchwabLearning.org, EducationNews.org, Bridges4Kids.org, The Beacon: Journal of Special Education Law and Practice, the Schafer Autism Report, and have been used in CLE presentations to attorneys. Sue Whitney's bio.

Sue has served on New Hampshire's Special Education State Advisory Committee on the Education of Students/Children with Disabilities (SAC) and has been a volunteer educational surrogate parent. She currently works with families as a special education advocate.


Copyright © 2002-2014 by Suzanne Whitney.

Email Newsletter icon, E-mail Newsletter icon, Email List icon, E-mail List icon The Special Ed Advocate: It's Free!

 

Wrightslaw: Special Education Law, 2nd Edition, by Pam and Pete Wright
About the Book

Wrightslaw: All About IEPs
About the Book

Wrightslaw: All About Tests and Assessments
About the Book

Surviving Due Process: Stephen Jeffers v. School Board
About the DVD Video

 

Copyright 1998-2014, Peter W. D. Wright and Pamela Darr Wright. All rights reserved.

Contact Us | Press Mission l Our Awards l Privacy Policy l Disclaimer l Site Map

 

 

 

Back to School Sale!

25% OFF Wrightslaw Products
September 17-25, 2014

Back to School sign with pencils
Order Today

Now Shipping!

Wrightslaw: All About Tests and Assessments
About the Book

Check it out!

Wrightslaw Store

The Advocate's Store

Get Help!

Blog the Wrightslaw

Wrightslaw on Facebook

Find us on Facebook

Wrightslaw Books

Student Discounts

Military Discounts


Wrightslaw: All About IEPs

About the Book
To Order

Wrightslaw: Special Education Law, 2nd Edition, by Pam and Pete Wright
About the Book
To Order


About the Book

To Order


Surviving Due Process: Stephen Jeffers v. School Board

About the DVD Video
To Order


To Order


Wrightslaw: No Child Left Behind

About the Book
To Order

Wrightslaw Multimedia Training


Understanding Your Child's
Test Scores (1.5 hrs)

Understanding Your Child's Test Scores

Learn More
To Order
Retail Price: $
24.95
Wrightslaw Special: $14.95

Special Education Law & Advocacy Training
(6.5 hrs)


Wrightslaw WebEx Special Education Law & Training Program (6.5 hrs)


Learn More
To Order
Retail Price: $99.95
Wrightslaw Special: $49.95