"When we attended our child's ESY Meeting, we were told that he did not qualify for Extended School Year services because he did not meet the "regression-recoupment criteria". We were not advised of any other criteria that may be used to determine if a child is eligible for ESY."
This success story tells how one parent got answers to her questions about ESY. Rather than confronting school personnel, she asked questions and used the Columbo Strategy. Find out what happened!
You can negotiate successfully on your child's behalf but first you must become the "Parent as Expert". This may sound challenging, but you can do it. Learn effective advocacy strategies and how to obtain the information you need to negotiate for ESY services.
Standards for ESY
Dr. Nissan Bar-Lev describes the legal basis and Standards for ESY as defined by federal courts around the country. Dr. Bar-Lev is the special education director of CESA-7.
- What are ESY services?
- Who is entitled to ESY services?
- How is the need for ESY determined?
- What do ESY services look like?
Standards vary from state to state. You need to get your state standards for ESY.
Finding your state manuals or standards is easy. In the Google search box enter "ESY, Department Education, (your state name here), then click search. Or use the Directory of State Departments of Education on the Yellow Pages for Kids to find the site for your state department of education. Search the site for "Extended School Year."
The Virginia Extended School Year Services document includes a good summary of ESY issues, what IEP teams must consider, and the impact of court cases.
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 (see pages 205-206, Wrightslaw: Special Education Law, 2nd Edition).
Court Rulings on ESY
Federal courts have issued decisions that define extended school year services and factors that must be considered to determine if a child is eligible for these services. Some of these factors are:
- regression and recoupment
- child's progress toward IEP goals
- window of opportunity to learn emerging skills
- interfering behavior and impact on child's ability to benefit from special education
- nature and severity of the disability
- areas that need continuous attention
If you are familiar with cases about ESY, you will be in a stronger position to negotiate for your child.