SEVIER COUNTY DEPARTMENT OF SPECIAL EDUCATION
The federal law, Individuals with Disabilities Education Act (IDEA), and Tennessee code specify the requirements local school districts must follow in providing special education and related services to students with disabilities.
In meeting their obligation to offer each child with a disability a free, appropriate public education (FAPE), local school districts must make available programs and services that meet a child's individual needs. Some children may require the provision of services beyond the traditional school year. Such services are components known as extended school year (ESY) services. Federal and state law and regulations do not require that every student with a disability receive extended school year services. These decisions are to be made in each individual case based on established eligibility criteria that have evolved over the past 20+ years through case law and procedural application of the IDEA.
This technical assistance document provides a summary of ESY requirements along with helpful tips to be used by parents, teachers and schools when addressing issues involving the provision of extended school year services. It is the result of a concentrated analysis of leading case law and policy interpretations by the U.S. Department of Education's Office of Special Education Programs (OSEP). The document is presented in a question and answer format. There will be an additional, more detailed ESY document sent to each school that will be kept in the special education notebook. It includes forms to help determine whether or not a child should receive ESY services. Copies should be made and distributed to each special education teacher or file manager.
OSEP periodically examines each state and district’s ESY policy and implementation as part of its regular monitoring procedures. This document was produced to enable Sevier County to meet its commitment of ensuring the delivery of a free and appropriate public education to students with disabilities.
1. WHAT DOES EXTENDED SCHOOL YEAR (ESY) MEAN?
The term "extended school year" services means educational programming beyond the traditional 180 day school year for eligible students with disabilities as outlined by the Individuals with Disabilities Education Act (IDEA).
2. WHO MUST BE CONSIDERED FOR ESY SERVICES?
Every student with a disability under IDEA must be considered for ESY services. The determination of whether a student is eligible for ESY services is made on an individual basis by the student's IEP team and must be discussed at each annual IEP review meeting. If a child enters your school during the school year, for example in November, the IEP should be written for the duration of the school year, not until the following November. Therefore, when the annual review is conducted in April or May to develop the new IEP, the IEP team can determine whether or not the child should be considered for ESY services.
3. WHO DETERMINES ESY ELIGIBILITY?
The IEP team determines eligibility for ESY services. The team is made up of the parent, child if appropriate, regular education teacher if the student is or may be in a regular class, at least one special education teacher or provider, at least one child study team member, the school district representative who is qualified to provide or supervise the provision of special education and is knowledgeable about the general curriculum and the available resources, and others at the parent's or school's discretion.
4. WHAT CRITERIA SHOULD BE USED IN MAKING AN ESY ELIGIBILITY DETERMINATION?
While there is no single criterion used in making an eligibility determination, case law has established several factors to be considered. One standard is the regression/recoupment analysis which considers the amount of regression a student experiences as a result of an interruption in educational services with the amount of time required to regain the prior level of skill. Other criteria may include the nature and severity of the student's disability, the ability of the child's parents to provide educational structure in the home, behavioral and physical impairments, the ability of the student to interact with nondisabled peers, the student's vocational needs, the availability of alternative resources, whether the requested services are "extraordinary" for the student's condition, "emerging skills" and "breakthrough opportunities", as when a student is on the brink of learning to read.
Regression/recoupment analysis is an integral part of the determination of the appropriateness of ESY services, but it is not the only measure used in determining the necessity of a structured extended school year program. Consideration of all pertinent information and individual student circumstances are taken into account in determining appropriateness of ESY programming.
ESY is not limited to certain categories of disability and must be considered for all students with disabilities receiving special education and related services as identified.
5. HOW IS ELIGIBILITY FOR ESY SERVICES DETERMINED?
Consideration of a broad range of highly detailed information by the IEP team is essential when determining eligibility for ESY services. Parent/teacher ongoing communication and assessment of the
IEP goals and objectives as they relate to the regression and recoupment of a student's progress, work samples, test results, report cards, homework, progress reports and parent observations are examples of typical information and documentation used when determining eligibility for ESY services. Establishing a series of measurement timelines is helpful in providing a baseline to document regression and recoupment. In general, any information that can assist the IEP team in developing a composite of the level of functioning and circumstances having an impact on the student's educational performance should be presented.
Additional factors to be considered include the following:
The degree of the impairment;
The degree of the regression;
The recovery time from the regression;
The ability of the child's parents to provide the educational structure at home;
The child's rate of progress;
The child's behavioral and physical needs;
The availability of alternative resources;
The ability of the child to interact with nondisabled children;
The areas of the child's curriculum which need continuous attention;
The child's vocational needs; and
Whether the requested services are extraordinary for the child’s condition as opposed to an integral part of the program for those with the child’s condition.
A schedule for collecting data about a student's progress can be helpful. Collecting data related to the IEP goals and objectives as they relate to ESY determination can provide the essential information in determining not only ESY eligibility but the specific services that may be needed by the student.
Recommended Schedule:
At the end of the regular school year;
At the end of the summer program;
At the beginning of the subsequent school year;
At the end of the subsequent school year;
Before/after school vacations;
An ongoing collection of information throughout the school year; and
Before/after student has been out of school for other reasons.
6. ARE STUDENTS REQUIRED TO FAIL IN ORDER TO BE ELIGIBLE FOR ESY SERVICES?
No. Students cannot be required to fail before being eligible for ESY. ESY must be determined individually based on the needs of the student.
7. HOW IS ESY STRUCTURED?
The IEP team will determine the type, duration, and frequency of services for a student receiving an ESY program. The goals and objectives should be a continuation of all or part of the school year IEP, although the ESY services may be modified to provide maintenance of acquired skills during periods of interruption of school.
8. WHAT TYPES OF ESY MODELS ARE AVAILABLE?
Like any special education service decision, the individual needs of the student determine the program and services to be provided. ESY service options may include, but are not limited to, the following:
Support services for maintenance of skills, such as math, reading, etc.;
Home instruction or consultation to provide parents with support and materials to prevent regression;
Individual or group instruction;
Recreational services to provide for the maintenance of identified IEP skills; and
Services during periods of school vacation.
Some community agencies that provide recreation services have expanded those opportunities to meet the needs of children with disabilities and youth. The opportunity to explore and develop ESY services with community agencies may offer opportunities to design services in natural community settings and may provide a more cost effective partnership in meeting the needs of children with disabilities requiring ESY services.
9. MUST ALL THE SERVICES THAT ARE PROVIDED DURING THE REGULAR SCHOOL YEAR BE DUPLICATED IN THE ESY PROGRAM?
No. A student's program and placement for ESY services may differ from the regular school year program. When a student is determined to need ESY services, the IEP team will determine what services need to be provided through the IEP meeting process.
10. IS A STUDENT AUTOMATICALLY ENTITLED TO ESY SERVICES BECAUSE HE/SHE WAS
DETERMINED ELIGIBLE THE YEAR BEFORE?
No. Eligibility determination for ESY services is made on the present needs of the student.
11. DO ESY SERVICES HAVE TO BE PROVIDED IN A CLASSROOM?
No. ESY services may not necessarily be provided in a classroom or school setting. The location and delivery of program services may be provided in the home or at an alternative location (such as the local YMCA, library, Boys & Girls Club, etc.) taking into consideration the identified individual needs of the student in an appropriate environment.
12. WHEN IS ESY NOT AN APPROPRIATE DECISION?
The purpose of providing ESY services to students with disabilities is to maintain identified skills to prevent or avoid substantial loss of previously acquired or emerging skills or behavior. With this objective it is expected that not every student will be in need of ESY services.
13. WHAT HAPPENS IF THERE IS DISAGREEMENT REGARDING ESY?
Parents and school districts are encouraged to resolve matters of disagreement. Mediation has proven to be an effective method of dispute resolution. Upon request, the Tennessee Department of Special Education will assign an impartial mediator to assist the parties in resolving differences. Mediation is voluntary; therefore, the participants (parent(s), guardians, and school district) must agree to mediation. In addition, parents and school districts can always exercise their right to request a due process hearing.
1. When there is no documentation of past regression-recoupment problems, may a student be eligible for extended school year (ESY) services?
Answer: Yes. A student may still be eligible for ESY services even though there is no documentation of past regression-recoupment problems. In analyzing a student’s potential regression-recoupment problems, the IEP team needs to consider predictive information as well as any information obtained from prior experience with recoupment and regression, along with other appropriate factors. The IEP team should keep in mind that regression-recoupment is only one factor that must be considered when reviewing the need for ESY services. The other two primary factors are critical skills and special and unusual circumstances.
2. Does the fact that ESY services were provided to a student in a prior year mean ESY services are needed in the current year?
Answer: No. The provision of ESY services in a prior year does not necessarily mean ESY services are needed in the current year. Similarly, the fact that no ESY services were provided in a prior year does not mean that ESY services are not needed in the current year. ESY services must be considered annually in light of the student’s current needs and current skills.
3. May ESY services be limited to students with certain disabilities or limited to students who require a minimum number of hours of ESY services?
Answer: No. Any student who requires ESY services in order to receive a free appropriate public education must be provided with needed ESY services. A district may not have a policy that prohibits or inhibits full consideration of the educational needs of each student. Consideration of need for ESY services may not be limited to students with certain disabilities or to students labeled as "severely" or "profoundly" disabled. Furthermore, eligibility for ESY services may not be limited to students who require a certain minimum number of hours of ESY services.
4. What types of ESY service models are available?
Answer: Like any special education service decision, the individual needs of the student determine the program and services to be provided. ESY service options may include, but are not limited to the following:
1. support services for maintenance of academic skills, such as math, reading, etc.;
2. home instruction or consultation to provide parents with support and materials to prevent regression;
3. individual or group instruction; and
4. services during periods of vacation.
Community agencies that provide recreation services have expanded those opportunities to meet the needs of students with disabilities. The opportunity to explore and develop cooperative ventures with community agencies may offer opportunities to design services in natural community settings and may provide a more cost effective partnership in meeting the needs of students with disabilities requiring ESY services.
5. How are ESY services structured?
Answer: The IEP team will determine the type, length, location, duration, and frequency of service for a student receiving ESY services. The goals and objectives should be a continuation of all or part of the school year IEP, although the ESY services may be modified to provide maintenance of acquired skills during periods of interruption from school or from regular school instruction.
6. Must all the services that are provided during the regular school year be duplicated in ESY services?
Answer: No. A students program for ESY services may differ from the regular school year program. When a student is determined to need ESY services, the IEP team determines what services need to be provided.
7. Do ESY services apply to children who turn three during the summer?
Answer: Yes. A child, eligible for special education services, who turns three during the summer must be considered for ESY services in the same manner as at any other time. According to the federal Office of Special Education Programs, cut off dates for determining eligibility are impermissible. Therefore, when a child is going to turn three during the summer, and the IEP must be in place on or before the child's third birthday, the IEP must specify the child's program upon the third birthday, including ESY services, if needed by a particular child to receive FAPE. If ESY services are not needed to provide FAPE, the date of initiation of services could be the beginning of the upcoming school year. [Letter to Anonymous, 22 IDELR 980 (1995)]
For further information on this or other topics related to the provision of services to children with disabilities, contact the Sevier County Department of Special Education at (865) 453-1036.