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Miranda: I received a note saying my child qualifies for ESY, and if I filled out the ESY Emergency Contact Form, the teacher would amend the IEP.

As I understand it, the team is supposed to determine eligibility. Is this a violation of the law?

  1. Agree with Chuck. But before the IEP can be changed in any significant way, the IEP team – which includes the child’s parent – needs to meet.

    IDEA 2004 (federal special ed law) allows parents and school staff to amend the IEP by agreement. This gives you flexibility to amend the IEP without convening the whole IEP team.

    As Chuck said, ESY services should be based on your child’s needs. Many school districts offer one-size-fits all ESY programs that are not designed to meet the needs of your child.

    We wrote a book to educate parents and school staff about IEP questions. The book is “All About IEPs” – it’s available in the Wrightslaw storr at https://www.wrightslaw.com/store/aaieps.html and in bookstores including Amazon.

  2. It sounds like the teacher/school is trying to use the IDEA IEP agreement rule to make changes to your child’s IEP. There are not any federal guidelines/rules on how this works, but the state or district may have some. To me the key issue here is whether you agree with this & understand what you are agreeing to. It is important that ESY services be based on your child’s needs. Not on a one size fits all program, that schools frequently offer. Check this website for more info on ESY.

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