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

Home >  Topics  ESY > Advocacy Strategies: Negotiating for Extended School Year (ESY) Services


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

Enter your email address below:

 

2015 Training Programs

Jan 16 - School District, LA

Jan 24 - Corpus Christi, TX

Jan 24 - Pensacola, FL

Jan 31 - Champaign, IL

Feb 19 - Lincroft, NJ

Feb 24 - Knoxville, TN

Feb 26 - Memphis, TN

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

 

Advocacy Strategies:
Negotiating for ESY Services
by Peter Wright & Pamela Wright
1

Print this page

If your child needs Extended School Year Services (ESY) but the school does not want to provide these services, you need to learn about the legal requirements for ESY and how to use advocacy strategies to negotiate with the school.

The Parental Role

As a parent, you negotiate with the school on your child’s behalf. To negotiate successfully, you need information about:

Your child’s disability
Your child's rights and your rights & responsibilities
How your child learns and needs to be taught
How to measure and monitor your child's progres

If you have a disagreement about ESY services, you need to learn about your state standards for ESY.

Do not accept legal advice from school personnel. While school staff may believe what they tell you is true, educators are not legal experts and may not have actually read the statute, regulation, or current caselaw on a particular legal issue. You need to read the law for yourself, rather than rely on someone's interpretation of it!

Get Your State ESY Manual or Standards

Contact your state department of education (Directory of State Department of Education) and request two copies of your state's ESY Manual or ESY Standards (one for you and one for your child's team).

Tip: This information may be available on the website of your state department of education.

Go through your state's ESY Manual or Standards to learn the standards your state adopted. Dog-ear or put Post-It notes on pages so you can find relevant information quickly. Mark the text in your copy with a highlighter.

Legal Requirements Vary

As you learn more about ESY, you will find that federal courts describe different standards.

In Daniel Lawyer v. Chesterfield (VA) Board of Education (E.D. VA 1993), the judge listed several factors that IEP teams should consider when making decisions about ESY:


* Recoupment in the Fall
* Window of opportunity to learn emerging skills
* Child's rate of progress
* Child's behavioral or physical problems
* Availability of alternative resources
* Areas of the child's curriculum that need continuous attention
* Vocational needs

In Reusch v. Fountain, (U.S. MD 1994), the court listed six factors the IEP team should consider in deciding if the child is eligible for ESY:

1. Regression and recoupment - is the child likely to lose critical skills or fail to recover these skills within in a reasonable time

2. Degree of progress toward IEP goals and objectives

3. Emerging skills/breakthrough opportunities - Will a lengthy summer break cause significant problems for a child who is learning a key skill, like reading

4. Interfering Behavior - does the child’s behavior interfere with his or her ability to benefit from special education

5. Nature and/or severity of disability

6. Special circumstances that interfere with child’s ability to benefit from special education

Meet with Your Child's Team

Schedule a meeting with your child's team to discuss your child's need for ESY. Since prepartion is the key to success, you need to prepare for this meeting.

Make copies of Standards for Extended School Year by Nissan Bar-Lev for members of your child's team. Since Dr. Bar-Lev is a respected director of special education, your team is more likely to accept what he has written.

You should also bring two copies of your state's ESY Manual or Standards. Give one copy to the team leader. Your copy looks well-read - pages are tabbed or have Post-It notes, and are marked up with a highlighter.

Saving Face and Using the "Columbo Strategy"

If your child's team has already taken the position that your child does not need ESY services, and it becomes clear that they were wrong, you need to give them a way to change their position while also saving face.

As one parent learned in How I Got ESY Services After the School Said No, it is helpful to ask questions and use the Columbo Strategy.

To learn more about thee issues, Read Chapter 4: Learning the Rules of the Game, Chapter 5: Obstacles to Success and Chapter 25: Preparing for Meetings in Wrightslaw: From Emotions to Advocacy, 2nd Edition.

Next, read How to Solve Parent-School Problems and Protect Relationships.

Learn more about Extended School Year (ESY) Services

Learn more about the parent as expert and
special education advocacy.

About the Authors

Peter W.D. Wright and Pamela Darr Wright were Adjunct Professors of Law at the William and Mary Law School where they taught a course about special education law and advocacy and assisted with the Law School's Special Education Law Clinic. Pete and Pam are co-founders and faculty at the William and Mary Law School Institute of Special Education Advocacy (ISEA).

They are co-authors of several books published by Harbor House Law Press including Wrightslaw: Special Education Law, 2nd Edition (ISBN: 978-1-892320-16-2); Wrightslaw: From Emotions to Advocacy, 2nd Edition (978-1-892320-09-4); and Wrightslaw: No Child Left Behind with Suzanne Whitney (ISBN: 978-1-892320-12-4), and produced the award-winning documentary, Surviving Due Process: Stephen Jeffers v. School Board DVD Video.

The Wrights built several websites to help parents of children with disabilities in their quest for quality special education programs. They also publish The Special Ed Advocate, a weekly online newsletter.


Created: 05/16/06
Revised: 02/05/09



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

What's New!

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