In this Issue:

Extended School Year Services (ESY)

Dear Friends and Family Caregivers,

With the end of the school year fast approaching, and many annual IEP reviews taking place, families often contact us wondering whether their student can continue to receive special education support in the summer. This kind of support, known as Extended School Year (ESY) is very important to some students' ability to continue making progress toward IEP goals. This month's Special EDition, will define ESY, explain the process for determining eligibility, and help you understand how such services are part of your child's Free Appropriate Public Education (FAPE).

What is ESY?
Extended School Year (ESY) services are special education and/or related services provided beyond the usual school hours/year, at times when school is not usually in session – often, but not only, during the summer. They are INDIVIDUALIZED services provided at no charge to parents. How the services are delivered is a team decision, and can range from 1:1 instruction at home, to participation in a summer program run by the District, to continuing participation in related services like Occupational or Speech Therapy in District offices. Districts are experimenting with computer based learning in groups at school sites, or through home based programs. 

ESY services are NOT summer school, credit recovery, or enrichment programs.

Who is Eligible for ESY?
The IEP team (which includes the parent) decides whether a student requires ESY services by meeting to review the student's progress toward IEP goals. At issue is whether the student needs extra reinforcement of skills to prevent the loss of important learning/skills ("regression"), and whether the student is at significantly higher risk for difficulty with regaining ("recouping") skills lost over time than other students. The question is whether the lost skills and extra time to regain them is likely to create a significant barrier to progress toward goals and to learning. Evidence of a risk of these difficulties might be:

• Documented problems with working memory from assessments
• Demonstrated need for constant reinforcement over time even during the regular instructional day/year
• History from a previous year of losing skills and struggling to regain them after a long school break
• Need for constant reinforcement of a behavior support program when a student is at risk of being moved to a more restrictive environment without substantial progress around behavior

The content of ESY services should be determined on an individual basis, and written into the IEP document. The school district cannot limit the type, amount, and duration of ESY services without your input.

Parents must be included in these discussions and allowed to challenge them if necessary through dispute resolution processes (procedural safeguards). For this reason, if you think ESY may be appropriate for your child, requesting an IEP to discuss this well before the end of the year is important.

ESY is not mandated for all students with disabilities nor intended to increase educational opportunities (like summer school or an enrichment program)., ESY is not required for the convenience of the school or parent (like day or respite care). In order for the school district to receive reimbursement, they must offer a MINIMUM of 30 instructional days (excluding holidays) for eligible students and 55 instructional days (excluding holidays), for students in special day classes or centers for the severely disabled.

Although there are no federal regulations on ESY eligibility, some standards have been set by case law. These include:

Regression/Recoupment
It is not necessary for a student to actually regress (lose) or take a long time to recoup (regain) skills. The likelihood of regression or lengthy recoupment is sufficient to establish eligibility for ESY. 

Degree of Progress toward IEP Goals
If progress towards IEP goals is very slow the student may need ESY services in order to continue.

Nature and/or Severity of Disability
Determination cannot be limited to a specific category of disability. However, nature or severity of disability can be used as a determinant for ESY services. Students with more severe disabilities are more likely to be involved in ESY programs as their regression and recoupment time are likely to be greater than students with less severe disabilities.

Emerging Skills/Breakthrough Opportunities
If a critical life skill is not completely mastered or acquired, ESY services may be needed to ensure that the current level of acquisition is not lost over the long break. Critical life skills may include but are not limited to: beginning to communicate, learning to read or write, or accomplishing self-care skills. 

Interfering Behaviors
As part of their IEP, some students receiving services during the regular school year related to behaviors that interfere with their education. When considering ESY, the IEP team would determine whether or not interruption of such programming would jeopardize the student receiving FAPE.

Special Circumstances
Sometimes there are special circumstances that prevent a student from learning during the regular school year. Different school districts have different definitions of what constitutes special circumstances.

Remember:

• No single criterion can be used as a sole qualifying factor for ESY. 
• Determination must be based on a variety of data collected by the IEP Team and should include predictive (what is likely to happen in the future) data as well as retrospective (what DID happen in the past) data. 
• A student who has received ESY in a previous year is not automatically entitled to those services the following year.   

Conclusion
Some students with a disability require special education and related services longer than the regular school year in order to receive FAPE. ESY can be used to minimize regression, catch your child up to where they should be, or for any other reasons the IEP team identifies. If you think your child might need ESY to receive FAPE, you should discuss eligibility criteria with your child's IEP team at your next meeting. The sooner ESY is discussed, the better, as data needs to be collected and parent's procedural safe guards must be upheld. The best way to advocate for your child is to have as much information as possible. Contact your state department of education, CDE (http://www.yellowpagesforkids.com/help/seas.htm) and ask that they send you all information they publish about ESY. Visit the web site of your state department of education and search the site for information about "Extended School Year" and "ESY."

UPCOMING DREDF WORKSHOPS
REGISTRATION IS REQUIRED. SPACE IS LIMITED.

Understanding the Special Education Process: IEP Basics & Beyond
FREE: An overview of the special education process, Section 504, and IDEA laws.
Date: Second Monday of the month (not August or December)
Next Offered: Monday, March 12, 2012
Time: 6:00 – 8:30 pm (Pizza and drinks included!)
Where: DREDF, Ed Roberts Campus, 3075 Adeline St, Berkeley, CA 94703 at Ashby BART
Classroom: The Bernard Osher Foundation Education Center, First Floor
To Register: Contact Annalise Goldman at (510) 644-2555 X5227 or mhourani@dredf.org.

© 2012

Advocacy Tip of the Month:
If you are concerned that your child may need ESY services, request an IEP meeting no less than 90 days prior to the end of the school year.

Acronyms:

Related Links:

• Wrightslaw Extended School (ESY Services)
• DREDF Special Education Training Materials
  including Sample Letter to request Special Education Evaluation
• List of Special Education Directors / Alameda, Contra Costa, Yolo
• Parent Training & Information (PTI) Center Directory
• Special Education Publications / DRC

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