Negotiating for ESY Services
by Peter Wright & Pamela Wright1
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 are Adjunct Professors of Law at the William and Mary Law School where they teach a course about special education law and advocacy and assist with the Law School's Special Education Law Clinic.
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.