Extended School Year Services <ul><li>Overview of What Parents Should Know About Extended School Year Services (ESY)  Ken ...
ESY in the Regulations <ul><li>The Regulations Governing Special Education Programs for Children with Disabilities in Virg...
ESY in the regulations (continued) <ul><li>8VAC 20-80-60 (FAPE, page 31) </li></ul><ul><li>1.  Each LEA shall ensure that ...
ESY in the Regulations (continued) <ul><li>80VAC 20-80-62 (IEP, page 34) </li></ul><ul><li>Development, review, and revisi...
What  are  ESY services <ul><li>FAPE extended to summer months and/or after school hours, possibly over extended breaks (e...
What ESY services  are not <ul><li>Not based on the category of student’s disability –services must be based on the studen...
What ESY services  are not <ul><li>Not an automatic program provision from year to year; </li></ul><ul><li>Not summer scho...
Important legal standards related to IEP team considerations <ul><li>ESY services are only necessary to a FAPE when the be...
IEP Process and ESY services <ul><li>IEP’s must have projected dates for initiation of services and anticipated duration o...
Factors to be Considered by the IEP Team <ul><li>Regression/recoupment </li></ul><ul><li>Degrees of progress </li></ul><ul...
Regression /Recoupment <ul><li>Regression is a substantial loss of any critical life skill caused by a school break and a ...
Regression/ Recoupment <ul><li>Recoupment is the ability to recover a loss of skills in a reasonable time following a norm...
Regression/Recoupment factors: <ul><li>Is there a likelihood that the benefits a child with a disability gains during the ...
Degrees of Progress <ul><li>Will the student’s degree/rate of progress toward his/her goals, objectives or benchmarks prev...
Emerging Skills/Breakthrough Opportunities <ul><li>Targets critical life skills </li></ul><ul><li>--Determines whether the...
Interfering Behaviors <ul><li>Without ESY, will interfering behaviors (e.g. ritualistic, aggressive or self-injurious) tar...
Nature and/or Severity of the Disability <ul><li>IEP team determines whether the nature and/or severity of the disability ...
Special Circumstances or Other Factors <ul><li>IEP team determines whether there are any special circumstances that will p...
Does the Student need ESY services in order to receive FAPE? <ul><li>IF YES: </li></ul><ul><li>Identify the specific goal(...
Does the Student need ESY services in order to receive FAPE? <ul><li>Determine LRE in which specific goal(s) will be addre...
Does the Student need ESY services in order to receive FAPE? <ul><li>X IF NO: </li></ul><ul><li>--Parents should be provid...
State Department of Education Contacts <ul><li>Judy Hudgins  371 7421- Information specialist for parents and localities. ...
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Extended School Year Services

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Extended School Year Services

  1. 1. Extended School Year Services <ul><li>Overview of What Parents Should Know About Extended School Year Services (ESY) Ken Wheeler, M.Ed. </li></ul><ul><li>Where ESY is found in the regulations </li></ul><ul><li>What ESY services are </li></ul><ul><li>What ESY services are not </li></ul><ul><li>Considerations for IEP team </li></ul>
  2. 2. ESY in the Regulations <ul><li>The Regulations Governing Special Education Programs for Children with Disabilities in Virginia </li></ul><ul><li>8VAC 20-80-10 (definitions) </li></ul><ul><li>“ Extended school year services ” for the purposes of this chapter means special education and related services that: </li></ul><ul><li>1. Are provided to a child with a disability: </li></ul><ul><li>a. Beyond the normal school year of the LEA; </li></ul><ul><li>b. In accordance with the child’s IEP; </li></ul><ul><li>c. At no cost to the parent or parents of the child; and </li></ul><ul><li>2. Meet the standards established by the VA Dept of Education </li></ul>
  3. 3. ESY in the regulations (continued) <ul><li>8VAC 20-80-60 (FAPE, page 31) </li></ul><ul><li>1. Each LEA shall ensure that ESY services are available as necessary to provide FAPE. </li></ul><ul><li>2. ESY services must be provided only if a child’s IEP team determines on an individual basis . . .that the services are necessary for the provision of FAPE </li></ul><ul><li>3. . . .a LEA may not: </li></ul><ul><li>a. Limit ESY to a particular category of disability; or </li></ul><ul><li>b. Unilaterally limit the type, amount, or duration of those services. </li></ul>
  4. 4. ESY in the Regulations (continued) <ul><li>80VAC 20-80-62 (IEP, page 34) </li></ul><ul><li>Development, review, and revision of IEP. </li></ul><ul><ul><li>The IEP team shall consider all factors identified under FAPE in 8 VAC 20-80-60, as appropriate, and work toward consensus. </li></ul></ul><ul><ul><li>If the IEP team cannot reach consensus, the LEA shall provide the parent(s) with prior written notice of the LEA’s proposals or refusals, or both, regarding the child’s educational placement or provision of a FAPE in accordance with 8 VAC 20-80-70 </li></ul></ul>
  5. 5. What are ESY services <ul><li>FAPE extended to summer months and/or after school hours, possibly over extended breaks (e.g. winter or spring) </li></ul><ul><li>Free of cost to parents/students </li></ul><ul><li>Individualized to the student’s need </li></ul><ul><li>Variety of type, intensity, location, length of time . . . </li></ul>
  6. 6. What ESY services are not <ul><li>Not based on the category of student’s disability –services must be based on the student’s unique educational needs; </li></ul><ul><li>Not mandated twelve-month services for all students with disabilities; </li></ul><ul><li>Not a child care service; </li></ul><ul><li>Not necessarily a continuation of the total IEP provided to a student with a disability during the regular school year; </li></ul><ul><li>Not required to be provided all day, every day, or each day </li></ul>
  7. 7. What ESY services are not <ul><li>Not an automatic program provision from year to year; </li></ul><ul><li>Not summer school per se, compensatory services, or enrichment programs; </li></ul><ul><li>Not required to be provided in a traditional classroom setting; and </li></ul><ul><li>Not a service to be provided to maximize each student’s potential </li></ul>
  8. 8. Important legal standards related to IEP team considerations <ul><li>ESY services are only necessary to a FAPE when the benefits gained during the regular school year will be significantly jeopardized if the child does not receive ESY </li></ul><ul><li>Showing of actual regression is not required </li></ul><ul><li>“Appropriate deference” is due professional educators. </li></ul>
  9. 9. IEP Process and ESY services <ul><li>IEP’s must have projected dates for initiation of services and anticipated duration of services </li></ul><ul><li>There should be a built-in mechanism to address ESY services- at least consider ESY services annually </li></ul><ul><li>An integral part of IEP meeting; not a separate planning process </li></ul>
  10. 10. Factors to be Considered by the IEP Team <ul><li>Regression/recoupment </li></ul><ul><li>Degrees of progress </li></ul><ul><li>Emerging skills/breakthrough opportunities </li></ul><ul><li>Interfering behaviors </li></ul><ul><li>Nature and severity of the disability </li></ul>
  11. 11. Regression /Recoupment <ul><li>Regression is a substantial loss of any critical life skill caused by a school break and a failure to recover those lost skills in a reasonable time following the school break </li></ul><ul><li>-- Some degree of loss in skills typically occurs with all students during normal school breaks and would not be considered substantial </li></ul>
  12. 12. Regression/ Recoupment <ul><li>Recoupment is the ability to recover a loss of skills in a reasonable time following a normal school break </li></ul><ul><li>-- Most students without disabilities recoup skills within 6 to 8 weeks. Reasonable recoupment rates vary among individuals based upon individual learning styles and rates. Some students with disabilities may require more than 6 to 8 weeks. </li></ul>
  13. 13. Regression/Recoupment factors: <ul><li>Is there a likelihood that the benefits a child with a disability gains during the regular school year will be significantly jeopardized without ESY? </li></ul><ul><li>Is there a likelihood of substantial (not trivial) regression of critical life skills caused by interruption? </li></ul><ul><li>Failure to recover those lost skills in a reasonable time following a school break </li></ul>
  14. 14. Degrees of Progress <ul><li>Will the student’s degree/rate of progress toward his/her goals, objectives or benchmarks prevent the student from receiving benefit in the placement during the regular school year without ESY services? </li></ul><ul><li>Review the expected degree of progress </li></ul>
  15. 15. Emerging Skills/Breakthrough Opportunities <ul><li>Targets critical life skills </li></ul><ul><li>--Determines whether the interruption in services and instruction on goals, objectives or benchmarks by a break is likely to prevent student from benefiting from IEP during regular school year without ESY </li></ul><ul><li>--Includes any skill determined by the IEP team to be critical to the student’s overall educational progress –social and behavioral skills in addition to academic </li></ul>
  16. 16. Interfering Behaviors <ul><li>Without ESY, will interfering behaviors (e.g. ritualistic, aggressive or self-injurious) targeted by IEP goals prevent student from receiving benefit? </li></ul><ul><li>Will interruption of programming that addresses the interfering behaviors likely prevent the student from receiving benefit during the next year? </li></ul>
  17. 17. Nature and/or Severity of the Disability <ul><li>IEP team determines whether the nature and/or severity of the disability is likely to prevent the student from receiving benefit from his/her IEP during the regular school year without ESY services </li></ul>
  18. 18. Special Circumstances or Other Factors <ul><li>IEP team determines whether there are any special circumstances that will prevent the student from receiving benefit from his/her IEP during the regular school year without ESY services </li></ul><ul><li>Other factors cited in cases include: </li></ul><ul><ul><li>-- ability of the child’s parents to provide the educational structure at home; </li></ul></ul><ul><ul><li>-- ability of the child to interact with children without disabilities; and </li></ul></ul><ul><ul><li>--areas of the child’s curriculum which need continuous attention </li></ul></ul>
  19. 19. Does the Student need ESY services in order to receive FAPE? <ul><li>IF YES: </li></ul><ul><li>Identify the specific goal(s), objectives or benchmarks from the current IEP that require services since all goals may not be affected; </li></ul><ul><li>Determine the type(s), amount(s) and duration of the special education and/or related services required based upon the goal(s) identified. Do not forget to address any needed related services that could include transportation– Decisions regarding services must be based on the student’s need and not on existing programs; </li></ul>
  20. 20. Does the Student need ESY services in order to receive FAPE? <ul><li>Determine LRE in which specific goal(s) will be addressed </li></ul><ul><li>Determine participation with peers without disabilities; and </li></ul><ul><li>Determine the person(s) responsible for providing services (i.e. special education teacher, speech/language pathologist, physical therapist, occupational therapist, etc.) </li></ul>
  21. 21. Does the Student need ESY services in order to receive FAPE? <ul><li>X IF NO: </li></ul><ul><li>--Parents should be provided with written notice as required in state and federal regulations </li></ul><ul><li>--If you as a parent decide not to have your child participate in ESY, school personnel may document this request </li></ul>
  22. 22. State Department of Education Contacts <ul><li>Judy Hudgins 371 7421- Information specialist for parents and localities. Provides training and technical assistance to localities </li></ul><ul><li>Nancye Alley 225 2195- Complaints specialist </li></ul><ul><li>Pat Haymes 786-0116- Complaints specialist </li></ul><ul><li>Hank Millward 371- 0525- Complaints specialist </li></ul><ul><li>Dr. Cynthia Cave 225-2818 Director Student Services </li></ul><ul><li>Dr. Patricia Abrams 225-2707 Director Special Education Services </li></ul>

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