Special Education:
WHAT IS ESY?
Some children in special education programs need education services continued during the summer months or other vacations when school is not in session in order to maintain the skills they have learned as identified on the IEP. This includes related services and assistive technology. Extended school year programs must be provided if:
HOW DO I GET ESY FOR MY CHILD?
Planning for an extended school year must begin at least several months before the vacation period starts. School districts take data about the child's progress on an ongoing basis. This data can be used to determine a child's regression and recoupment after break periods.
Parents should request an IEP meeting to decide if their child is eligible for ESY. Often the meeting to decide ESY is held in the spring. Because the ESY decision is made by the IEP team, all your IEP meeting rights apply. The decision to provide ESY must be written into your child's IEP. If the school disagrees with giving your child ESY, the school must provide you with written notice of its decision.
Parents can supplement the school's data by providing observations and documentation from summer months, especially if the child is getting no services.
Collect notes and reports from teachers, specialists and others at the end of one school year and the beginning of the next school year. This can also be done before and after other extended breaks. Documentation can include recommendations from private therapist or professionals who work with your child. These notes should describe the child's behavior or skills at both points in time.
WHAT IF THERE IS NO DATA?
In the case of some children, there will be no data to show either the presence of absence of regression during breaks. In such cases, the child is still entitled to ESY services if the IEP team reasonably believes that the student would experience significant regression and recoupment problems.
WHAT IF I DISAGREE WITH THE ESY DECISION?
Parents may request mediation, write a letter of complaint or request a due process hearing to resolve any disagreement about ESY. See Resolving Disagreements.
WHERE DOES MY CHILD GO FOR ESY?
The school district does not have to provide a full range of placement options for ESY programs. Still the district must offer placements that are appropriate to carry out those portions of the student's IEP where problems with regression and recoupment were noted. An ESY placement, for example, might be a summer camp, a park and recreation program or other non-classroom activity, if the child's primary need for ESY relates to socialization skills. For students who require maintenance of physical therapy goals, the placement may be at the student's home.
IS SUMMER SCHOOL THE SAME AS ESY?
Summer school - which is not free - cannot take the place of ESY services which, as a part of a child's FAPE, must be provided at no cost to the parents. If a school district offers summer school to general education students, students with disabilities also must be given the opportunity to attend. Reasonable accommodations must be provided to students with disabilities. For more information about ESY, contact OAC to get a copy of Extended School Year Questions and Answers.