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:
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.
I suggest a letter in formal business-letter format that contains wording similar to the sample letter below.
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.
More information and caselaw about Extended School Year Services (ESY)
Meet Sue Whitney