This is usually the time of year that families discuss ESY with the schools. We want to be sure you know the definition of ESY and where to find the technical assistance document the schools should be using.
These are tough economic times, so asking for ESY may be more difficult than usual. You need to ask yourself if this is a critical need for your child. There may be other issues that impact your child's education more. Only you can make that decision. We just want to make sure you have the tools to effectively advocate for FAPE (free appropriate public education).
Indiana’s definition of ESY services mirrors the federal definition. Article 7 requires every public school to “ensure that extended school year services are available as necessary to provide free appropriate education. A public agency may not limit extended school year services to particular categories of disability or unilaterally limit the type, amount, or duration of those services.” The regulations further require that each IEP contain “a statement of the student’s need for extended school year services.”
In order to meet their obligation to provide a FAPE to students with disabilities, schools must ensure that all students with disabilities receive special education and related services consistent with their IEPs. Some students with disabilities may not be afforded a FAPE unless they receive services during a break in instruction when other students normally do not receive educational services. Special education and related services provided through the IEP, in excess of the standard school year, are ESY services.
ESY services often are provided during a time when the full continuum of educational placements is not normally available. The school is not required to establish programs to ensure that a full continuum of educational placements is available solely for the purpose of providing ESY services. ESY services may look different from the student’s regular school year services. Extended school year services may be provided in various locations and through various service delivery options as determined by the CCC. If the CCC determines that interaction with nondisabled peers is required, the school may provide the student with services in an integrated, nonschool setting.
Summer school is not the same as ESY services. Summer school is a discretionary program that is typically operated on a set schedule for a number of weeks during the summer. While participation in discretionary summer school is available to students with disabilities, if the identified ESY services for the student include participation in summer school, it (summer school) must be included as part of the student’s IEP.
Extended school year services may be delivered through the summer school program, provided the recommended summer services are consistent with the implementation of the student’s IEP goals and benchmarks, and the personnel who teach summer school classes hold appropriate licensure. In addition, the amount and duration of ESY services cannot be limited arbitrarily to the school’s summer school schedule. Summer school should not be the only option considered or available when addressing the student’s individual needs.
You can find the ENTIRE Technical Assistance document for determining ESY in Indiana here.
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Wednesday, March 18, 2009
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