EXTENDED SCHOOL YEAR (ESY) SERVICES

WHAT ARE ESY SERVICES?

ESY services are individualized instructional programs provided beyond the length of the regular school year for students with disabilities.  While ESY services are typically provided during the summer, some students may need ESY services during other breaks, such as holidays.  Every school district in Florida is required by law to provide--to students with disabilities who need them-- ESY services.  Eligibility for ESY services should be determined for each student with a disability and not be limited to specific types of disabilities (although not all students with disabilities require ESY services).

ESY services must be:

Individualized to meet the unique needs of each eligible student;

Inclusive of instructional and related services (transportation, behavioral support or transition services);

Provided in the Least Restrictive Environment (LRE)

The number of weeks, days per week and hours per day of services must be based on each student's unique needs.

HOW IS ELIGIBILITY DETERMINED?    

The Rehabilitation Act and the Individuals with Disabilities Education Act (IDEA) require that every year a student's eligibility for ESY services be determined by considering all possible criteria:

Regression/recoupment:

When without ESY services, a student will regress during a school break and will not recover lost skills in a reasonable period of time after the break.

Critical Point of instruction:

When a student is at a critical point of learning and ESY services are needed to prevent a loss of general education class time; to prevent an increase in special education service time that would result from a lack of academic or social skill development; or prevent loss of progress made toward a critical skill (self help, community access, social or behavioral).

Emerging Skills:

When a student has almost achieved or recently achieved a critical goal, and based on his/her past performance, the student could acquire or maintain the skill with ESY services.

Interfering behaviors:

When a student exhibits behaviors (stereotypic, ritualistic, aggressive, self-injurious, etc.) that impact and limit his/her progress or goals.

Nature or severity of disability:

When, without ESY services, the nature and/or severity of a student's disability is likely to prevent him/her from receiving meaningful benefit from the instructional program during the regular school year.

Lack of Progress:

When, without ESY services, a student's progress toward a goal will prevent him/her from receiving meaningful benefit from the education program during the regular school year.

Special circumstances:

When other special circumstances require ESY services for a student.

HOW TO PREPARE FOR YOUR CHILD'S ANNUAL REVIEW:

Parents should not just assume that their children will be granted ESY services or that the need for ESY will automatically be considered.  The following tips, when preparing for the annual meeting, will help to show our child's needs for ESY services:

Review you child's cumulative folder annually

(Request a copy so that you have time to review it fully)

Review your child's current IEP

(It is a good idea to review IEPs for at least the past 3 years.  Have all the goals been mastered?  Have some remained unmet for several years?  Are there any goals previously identified as mastered that have reemerged in later years' goals?)

Talk to your child's teachers, therapists, aides and outside experts

(What are their evaluations of needs and progress in each area?)

Review the Matrix of Service form--you'll find it in the cumulative file

(This is the form used in Florida to determine the level of state funding provided for your child.  It outlines the type and frequency of services required for your child and describes the severity of your child's disability.  What areas has the school district identified as your child's greatest needs thus requiring frequent services or intervention?)

Evaluate your child's progress and needs

(Are skills or needs emerging, or have his/her skills or abilities deteriorated in any areas?  Is there deterioration in skills or regression over breaks? Have your physicians or independent therapists noticed changes over extended breaks from school?)

Document your child's needs

(Do you have independent evaluations and reports? Ask your physicians and/or therapists to document their findings.  What goals do you have for your child [academics, social and behavioral issues, independent functioning, health care, communications, and therapeutic]?  Write a summary of your concerns and your child's needs and goals.)

Tie the needs to specific goals.

WHAT ARE ESY REQUIREMENTS?

The Rehabilitation Act and Individuals with Disabilities Education Act (IDEA) require that every year:

A student's eligibility for ESY services be determined by considering all possible criteria;

If ESY is denied, parents are notified -- clearly and accurately -- with adequate time to seek a meaningful remedy;

School districts provide the services necessary to implement ESY;

Parents receive accurate prior notice of any consideration of ESY and information about ESY rights;

School districts provide staff and community training about how to implement the district's ESY obligations.

WHAT SERVICES ARE PROVIDED AS A REQUIREMENT OF ESY?

Once the Individualized Education Program (IEP) or Family Support Plan (FSP) team determines the student's eligibility, the team must consider all his/her needs to identify the necessary services, which may include:

Instructional

Transportation

Behavioral support

Transition

Since ESY services must be individualized to the unique goals of each eligible student, the team must develop an ESY IEP -- a new document or an addendum to the current IEP -- that clearly describes the following:

Measurable goals and objectives to be addressed by ESY services;

Type of services, such as instructional, behavioral, transition;

The least restrictive environment (LRE) in which the services will be provided

HOW ARE ESY SERVICES DOCUMENTED IN A STUDENT'S SPECIAL EDUCATION RECORD?

Complete documentation of a student's measurable goals and objectives to be addressed by ESY services is required, including:

Type of services

Initial date of services

Frequency of services

Any related services for which the student is eligible

The Least Restrictive Environment (LRE) in which the services are provided

This information can be an addendum to the current IEP.  Typically, the ESY services goals and objectives will be extensions of those in the current-year IEP.

However, new goals may be necessary; e.g., students who require ESY services to maintain a structured behavioral program throughout school breaks may have new behavioral goals and objectives for ESY if it appears that these goals will more likely confer FAPE to the student.

CAN DISTRICTS OFFER A FIXED-LENGTH ESY PROGRAM TO ELIGIBLE STUDENTS?

No.  It is unlawful to offer a one-size-fits-all or fixed-length program of ESY services.  Remember, the foundation of the law is that ESY services are individually determined for each student's unique needs, and the duration of ESY services cannot be limited based on the type or degree of disability.  The IEP or FSP team determines and documents the amount and duration of ESY services required for each eligible student.

HOW ARE ESY AND SUMMER SCHOOL RELATED?

While general education summer school is not the same as ESY, the ESY needs of some students with disabilities can be met through traditional summer school programs -- although students cannot be automatically limited to the length of such as program.

Other students, however, require a different venue to receive their ESY services.  Again, the IEP or the FSP team must determine the amount and duration of ESY services for each student, and in some cases, will need more than one location to ensure that ESY services are not limited by the length of established summer school programs.

Students with disabilities who are not eligible for ESY services may elect to attend summer school, and those students must still receive accommodations and modifications identified by their IEP or FSP teams.

WHO IS ELIGIBLE FOR ESY SERVICES?

Students receiving services in Part B programs;

Students transitioning from Part C to Part B programs whose 3rd birthday is during the summer months

Students placed by their parents in private school, but who are dually enrolled in public school;

Students eligible for services under Section 504 of the Rehabilitation Act.

NOTE: Students who are eligible for gifted services only are not eligible for ESY services.

HOW DOES THE "LEAST RESTRICTIVE ENVIRONMENT" REQUIREMENT APPLY TO ESY SERVICES?

As a requirement of IDEA, ESY services must be provided in the least restrictive environments.  School districts are not required, however, to create new programs for students without disabilities simply to afford students with disabilities an opportunity for integrated ESY services.  In fact, districts can use general education summer school, community recreational and education programs and private schools as environments for providing integrated ESY services.

WHEN MUST ELIGIBILITY DECISIONS BE MADE?

If ESY services are denied, the parent must receive a written notice of refusal.  Federal law requires that ESY eligibility decisions be made in a timely manner -- leaving sufficient time for the parent to ask for reconsideration, go to mediation or appeal a denial of ESY services and obtain the services through a due process hearing before the break in service occurs (i.e., summer or holiday).  The purpose of course, is to ensure that students who require ESY services to receive a free appropriate public education will get the necessary services.

WHAT DOCUMENTATION MUST BE KEPT THROUGHOUT THE DURATION OF ESY SERVICES?

School staff must document the student's progress on each ESY goal and objective at reasonable periods throughout the duration of the services.  The information is made part of the student's educational record and shared with the IEP team so that it can determine whether the services were sufficient to provide FAPE.  The information is also useful in planning ESY services in the following years.

FINAL NOTES ABOUT THE IEP MEETING

Leave your emotions at home.  Focus solely on your child and his/her unique needs.

Don't go to the meeting alone.  Anyone you bring to the meeting is part of the IEP team and share in the decision-making process.  Both parents should attend when possible.  Others who have knowledge of your child's need may include relatives, friends, co-workers, social workers or independent experts.  There is also a Parent Liaison and parent advocates available to guide you through the process.

Be an active participant.  Ask questions.  What goals have been mastered?  When were they mastered?  Do they need reinforcement?  What goals have not been mastered?  How close is your child to mastering them?  Have there been recent breakthroughs, and are new skills emerging?

Are there new problems or opportunities for educational progress?

Listen attentively and allow the teachers and specialists to speak.  They will give you valuable information about your child's progress and needs.

Make your requests for ESY services calmly.  Also tie them to your child's IEP goals, and explain why the services are necessary.  Be assertive -- you are the foremost expert on your child and his/her needs.

Know your rights.  If you believe your child has been wrongfully denied ESY services, you have a right to call for a new IEP meeting or use your procedural safeguards at any time.  (The District staff at each and every IEP provides a copy of these "safeguards" to you.)

NOTE: The State has published a new Extended School Year (ESY) brochure that is available in PDF format and can be accessed for an easy download at: http//www.firn.edu/doe/commhome/esyparen.pdf