This worksheet may be useful in assisting the IEP team with determining the need for ESY. A short question/answer section that summarizes the ESY issues addressed in this report also follows it. The Sevier County Department of Special Education hopes that IEP teams across the county find this useful when addressing ESY at the initial IEP meeting for each child with a disability in the Sevier County School District.
Extended school year (ESY) services are special education and related services that are provided to a student with a disability in excess of the traditional 180-day school year as part of a free appropriate public education in accordance with the IEP. They are provided at no cost to the parent or student. The primary goal of ESY services is to ensure the continued provision of an appropriate education. ESY services are for students who need the service in order to maintain current information, skills, or behaviors, rather than to develop or enhance new skills and behaviors. New goals and objectives are not usually added to the IEP unless they are necessary for such maintenance.
The section of the IDEA regulation regarding ESY services states:
(a) General.
(1) Each public agency shall ensure that extended school year services are available as necessary to provide FAPE, consistent
with paragraph (a)(2) of this section.
(2) Extended school year services must be provided only if a child's IEP team determines, on an individual basis, in accordance
with Sections 300.340 through 300.350, that the services are necessary for the provision of FAPE to the child.
(3) In implementing the requirements of this section, a public agency may not
(i) limit extended school year services to particular categories of disability; or
(ii) unilaterally limit the type, amount, or duration of those services.
[34 CFR 300.309 (a)]
At 34 CFR 300.309 (b), ESY services are defined as "special education and related services that - (1) Are provided to the child with a disability - (i) Beyond the normal school year of the public agency; (ii) In accordance with the child's IEP; and (iii) At no cost to the parents of the child; and (2) Meet the standards of the SEA."
Sevier County’s ESY services are defined as:
Special education services that:
(1) are provided to a student with a disability:
(A) beyond the normal school year of Sevier County;
(B) in accordance with the students individual education program; and
(C) at no cost to the parent or the student; and
(2) meet the standards of the state educational agency.
Each public school system shall 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.
In addressing IEP components, each IEP must contain "a statement of the student’s need for extended school year services." This reflects the federal requirement that ESY services must be considered at the initial IEP meeting and at least annually thereafter for every student with a disability.
Summer school is NOT the same as ESY services, but ESY services can be accomplished in a summer program. A school district is not required to provide a summer school program. Summer school is a discretionary program that typically is operated on a set schedule for a number of weeks during the summer. Summer school may be one option in implementing ESY services; however, it should not be unilaterally utilized without regard for individual need. If a student needs ESY services in order to receive a FAPE, the services must be included in the IEP. If the student does not require ESY services in order to receive a FAPE, the IEP should not include participation in discretionary summer school. However, the lack of need for ESY services does not prohibit the student from participating in a summer school program for other reasons. Extended school year services may be provided in the discretionary summer school program by staff who teach summer school classes. The staff must be appropriately licensed, and the services provided consistent with the students IEP. The amount and duration of ESY services cannot be limited arbitrarily to the district’s summer school schedule.
Schools are required to insure that ESY services are available as necessary and the student’s need for ESY services must be determined as a component of the IEP. If the IEP team makes a determination of need for ESY services, then the IEP must include the services. For children with disabilities who are eligible for ESY services, the IEP team must:
(1) identify the goals/benchmarks/objectives for which ESY services are required;
(2) identify special education and related services needed; and
(3) determine the initiation, length, frequency, location, and duration of ESY services
Students receiving ESY services must be educated in the least restrictive environment in which the students IEP can be implemented. However, because ESY services are provided during a time when the full continuum of educational placements is not normally available, the district 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. Options on the continuum must be made available only to the extent necessary to implement a student’s IEP. If the IEP team determines that interaction with non-disabled peers is required, the district may provide the student with services in an integrated, non-educational setting.
Extended school year services may be provided in various locations and service delivery options as agreed to by the IEP team. ESY services may look different from the student’s regular school year services. ESY services do not necessarily encompass all of the components contained in the students IEP. ESY services may include an extension of related services if the services are necessary for the student to benefit from special education during the school year. For ESY services during the summer, every effort should be made to discuss the activities that the student will be participating in as part of the family's summer plans.
A list of service delivery options is provided here for the IEP team to consider when determining ESY services. This listing includes, but is not limited to, the following:
* Center-based day program;
* Providing the parent with materials and instruction (school personnel may consult with the parent during the summer);
- ideas for play activities
- reinforcement of skills already learned;
* Community agencies or organizations;
- YMCA/YWCA programs;
- summer recreation programs;
- programs offered by local zoo or museum;
-day or residential camp programs;
* Tutoring program at a designated center or in the home:
* Traditional summer school with accommodations as necessary.
This list is not meant to be exhaustive, but does demonstrate the opportunities that IEP teams may utilize for identifying ESY services in various locations using various service delivery options.
Neither IDEA 97 nor the implementing regulations establish standards for states to use in determining whether children with disabilities need ESY services. As a result of the lack of federal or state standards, the practice has developed of using regression and subsequent recoupment of skills as the sole criteria to determine the need for ESY services. The Sevier County Department of Special Education has reviewed responses from the Office of Special Education Programs and court decisions from other states, in order to define other common factors or criteria that must be taken into account when making a determination of a
students need for ESY services.
The IEP team should consider EACH of the three criterion in making a determination of the students need for ESY services. The three criteria are:
(1) the "critical skills" criterion
- difficulty attaining or maintaining critical skills or behaviors if there is an interruption in the program;
(2) the regression-based criterion
- loss of skills or behaviors relevant to the IEP goals during extended school vacations and difficulty regaining skills; and
(3) the "special and unusual circumstances" criterion
- effect of other factors that would prevent attaining or maintaining goals in IEPs such as emerging skills, independent functioning, and special circumstances.
Critical skills represent knowledge or performance of tasks that are essential to the progress of the student and lead to independent functioning and the enhancement of integration with non-disabled individuals. In determining critical skills, it is important to remember the complex combination of academic and behavioral issues that should be considered. The IEP team needs to identify on an individual basis, the critical skills of the student. When identifying the components of skills and relating these to interruptions in services, it is necessary to review interfering behaviors, the nature and severity of the disability, and any special circumstances that may be present on an individual basis.
Major Questions:
· Will acquisition or maintenance of skill significantly enhance the students ability to function?
· Does lack of the skill represent a barrier to continuous progress or self-sufficiency?
Factors to consider:
(1) the age of the student
(2) whether the particular skill is required across a variety of environments
(3) whether the skill will be required in (near) future environments
(4) if the student cannot perform this skill, whether the assistance of another person is required
Regression means a substantial loss of a skill. Some degree of loss typically occurs with all students during normal school vacation ( i. e., three or more weeks). Educators generally agree that in the fall of the year, students take a significant period of time (e.g., four, six, or nine weeks) to regain skills lost over school recess, but there is little data to support specific recoupment schedules. To accurately define regression and time of recoupment, it is necessary to review, individually, documentation regarding the students capacity to regain the ability to perform a task after a period of interruption of training. In order to determine the need for ESY services, the IEP team must review the severity of the disability and any documentation that contains indicators of recoupment time, including re-teaching a particular skill. It is not necessary to have documentation of regression in order for the IEP team to determine that ESY services are necessary. The IEP team may choose to look at projections and parallel tasks that the student has learned.
Major questions:
· Does information predict a significant regression of skills and recoupment time if ESY services are not provided?
· If no significant regression has occurred, does the IEP team believe that serious potential for regression exists?
Factors to consider:
(1) an analysis of the students regression
(2) whether the students physical or behavioral condition requires services for attainment or maintenance of skills
(3) whether the regression of a skill will jeopardize the placement in the least restrictive environment
(4) whether the family and community resources will enhance the maintenance of the skill
There are periods in a students life and in the students skill development that present an optimal opportunity for significant gains in a particular task. In considering ESY services, the IEP team should review the IEP and progress made on goals. The identification of emerging skills that are at a point of readiness should be carefully discussed in order to define whether or not critical progress would be disrupted by an interruption in services. Another special circumstance would be the consideration of the nature and severity of the student’s disability. The IEP team should consider whether the severity of the disability would prevent the student from receiving some benefit from a FAPE in the regular school year if ESY services are not provided. Also, the IEP team should review IEP objectives from the previous school year in regard to interfering behaviors, (ritualistic, aggressive, self-injurious) in order to determine if a resurgence or escalation of currently diminished behaviors would prevent the student from benefiting from a FAPE in the upcoming school year. The IEP team should review the IEP to determine if continuous or year-round service is an integral component of the methodology that is appropriate for the student.
Major questions:
· Are there unusual circumstances that are possible factors for ESY services?
· Is a student’s skill development at a critical stage?
· Is continuous or year-round treatment an integral part of the methodology?
Factors to consider:
(1) whether the students skill development is at a critical stage
(2) whether a "window of opportunity" may be lost or significantly compromised
(3) whether the provision of services will enhance the students ability to function independently
(4) whether there are special needs during breaks or summer arising out of the students individual circumstance
These three criteria: critical skills, regressions/recoupment, and special or unusual circumstances, can be addressed by utilizing one or a combination of the worksheets found in the back of this document. Each of the worksheets corresponds with one of the areas reviewed.
Process for Determining Need for ESY Services
The IEP team must address ESY services at the initial meeting when the IEP is being developed and at least annually thereafter. In addressing the need for extended year services, the IEP team should first review the IEP goals and objectives against each of the three criterion as the first step in determining the students need for ESY services. In reviewing the skills that are listed as part of the IEP, it may become apparent that a particular skill or set of skills appears to have been compromised or are in danger of being compromised due to the critical nature of the skill, regression caused by the absence of instruction, or the particular skill
being at a crucial stage of development. If any of these situations appears to exist, the IEP team should address the following "major questions" and begin the process to document the answers to any questions that would assist in defining the nature of the issue and the process needed to not only determine the status of the skill, but any needs that may reasonably be expected to arise from interruption of service.
Critical Skills Criterion
· Will acquisition or maintenance of skill significantly enhance the student’s ability to function?
· Does lack of the skill represent a barrier to continuous progress or self-sufficiency?
· Does information predict a significant regression of skills and recoupment time if ESY services are not
provided?
· If no significant regression has occurred, does the IEP team believe that serious potential for regression exists?
· Are there unusual circumstances that are possible factors for ESY services?
· Is a student’s skill development at a critical stage?
· Is continuous or year-round treatment an integral part of the methodology?
The IEP team will ask these "major questions" related to each one of the three criterion to decide if any one criterion applies to the student. If the answer to any of the critical questions is "yes," then ESY services should be given serious consideration. An answer of "no" to all questions would indicate that no further discussion of ESY services is needed at that time. An answer of "yes" to any of these major questions does not automatically assume that ESY services are needed. It does mean, however, that information with respect to "yes" answers needs further documentation and review. The IEP team will then want to consider the other factors related to the major questions.
If the IEP team does not feel that the decision can be made because of the timing of the conference, then the committee should establish data collection processes and data sources for the student suspected of needing ESY services, as well as who is responsible for data collection, and reporting procedures. The IEP must document the fact that this issue will be addressed again later in the year. If the IEP team has concluded that it has insufficient information available at the time of the conference, the final determination should be made prior to the need for ESY services (breaks, summer). Parents must have this information in sufficient time to contest a decision not to provide ESY services through mediation/due process. Once a decision regarding the provision of ESY services has been reached by the IEP team, it is documented on the
IEP.
Specific information to be gleaned from the data collection in determining the need for ESY services may include, but is not limited to:
· identification of critical skills and the likelihood that an interruption of instruction will prevent the student from receiving some benefit from the educational program during the regular year and supporting curricular areas that need continuous attention;
· identification of skill(s) that would significantly enhance functioning level of student;
· methods of instruction that need year round intervention;
· any inconsistency in mastery or retention of skills;
· documented student regression noted during school breaks;
· predictive data considering projections or parallel tasks based on the opinion of professional staff;
· identification of a critical stage in the mastery of a skill that the student needs for self-sufficiency; and documentation of special circumstances that indicate the need for ESY services.
Although there is no requirement that ESY services be made a part of every students IEP, there is an obligation to determine each students possible need for ESY services at the IEP meeting where the IEP is developed and annually reviewed in order to insure that the student is being provided a free appropriate public education.
Extended School Year Worksheet - Critical Skills
Student:
Date:
Answers to all questions will be yes or no. Circle or
mark one.
Consideration: Critical Skill:
YES
NO
Consideration
Will acquisition or maintenance of skill significantly enhance the student’s ability to function?
Does lack of the skill represent a barrier to continuous progress or self-sufficiency?
QUESTION
YES
NO
Is the age of the student a factor?
Is the particular skill required across a variety of environments?
Will the skill be required in the (near) future?
If the student cannot perform this skill, does it require the assistance of another person?
An answer of "yes" to any of these questions/considerations does not automatically assume that ESY services are needed. It does mean, however that information with respect to the "yes" needs to be further documented and reviewed.
Indicate below the documentation that the IEP team will be using/has used (circle one) to determine the presence of a critical skill.
Documentation:
Indicator:
Documented observations
Criterion referenced assessments
IEP progression of goals
Behavior checklists
Student self-assessments
Parent assessments
Additional information or comments: _______________________________________________
____________________________________________________________________________
IEP Team recommendation:
Y- N- ESY service(s) is /are required to provide this student with a free appropriate public education.
Student:
Date:
Considerations: Regression/Recoupment Skill:
YES
NO
Consideration:
Does information predict a significant regression of skills and recoupment time if extended school year services are not provided?
If no significant regression has occurred, does the IEP team believe that serious potential for regression exists?
Questions:
YES
NO
Question:
Are there regression analyses available for review?
Does the students physical or behavioral condition require service(s) for attainment or maintenance of skills?
Will the regression of a skill be reflected in the factor of least restrictive environment?
Are there family and community resources that will enhance the maintenance of the skill?
An answer of "yes" to any of these questions/considerations does not automatically assume that ESY services are needed. It does mean, however that information with respect to the "yes" needs to be further documented and reviewed.
Indicate below the documentation that the IEP team will be using/has used (circle one) to determine the presence of a critical skill.
Documentation:
Indicator:
IEP progression of goals
Staff progress reports: regressions after
vacations
Documented observations
Criterion referenced assessments
Student self-assessments and/or parent
assessments
Parent report: significant negative changes
during vacation
Additional information or comments:______________________________________________
___________________________________________________________________________
IEP Team recommendation:
Y- N- ESY service(s) is /are required to provide this student with a free appropriate public education.
Student:
Date:
Considerations: Special and Unusual Circumstance: BIP success
YES
NO
Consideration
Are there unusual circumstances that are possible factors of extended school year services?
Is a student’s skill development at a critical stage?
Is continuous or year-round treatment an integral part of the methodology?
Questions:
YES
NO
Question:
Is the age of the student a factor?
Will a "window of opportunity" be lost or significantly compromised?
Will provision of services enhance the student’s ability to function independently?
Are there special needs during breaks or summer arising out of the student’s individual circumstance?
An answer of "yes" to any of these questions/considerations does not automatically assume that ESY services are needed. It does mean, however that information with respect to the "yes" needs to be further documented and reviewed.
Indicate below the documentation that the IEP team will be using/has used (circle one) to determine the presence of a critical skill.
Documentation:
Indicator:
IEP progression of goals
Identification of critical stage in skill
mastery
Documented observations
Criterion referenced assessments
Additional information or comments:
IEP team recommendation:
Y- N- ESY service(s) is/are required to provide this student with a free appropriate public education.
Resources
This section of the guide includes references for additional information (also, see endnotes for major references).
Browder, D. (in press). "Methodology for Implementation of ESY." In L. H. Meyer, C. A. Peck, and L. Brown (Eds.), Critical Issues in the Lives of People with Severe Disabilities. Baltimore: Paul H. Brookes.
Davilla, R. R. (1990, Nov.). Office of Special Education and Rehabilitative Services Policy Letter, 17 Education for the Handicapped Law Report 419.
Gallegos, Elena M. "Legal and Practical Considerations for Extended School Year Services," Utah State University. http:www.usu.edu/mprrc/ESY.htm.
Mesa, (AZ) Public Schools (1989). Office of Civil Rights Letter of Finding, 16 Education for the Handicapped Law Report 316.
National Association of State Directors of Special Education (NASDSE). (1989). "Extended School Year Programs for Children with Handicaps: A Literature Review and Report." Liaison Bulletin 15. (3).
Options for Extended School Year (ESY) for Preschool Programs in Indiana. Blumberg Center for Interdisciplinary Studies in Special Education. Indiana State University. (Spring 1993). Indiana Special Education Preschool Workshop Series – ESY Task Force.
Pennsylvania Department of Education. (February 1, 1999). "Extended School Year Eligibility." Basic Education Circular.
Schrag, J. A. (March 1992) Office of Special Education Programs Policy Letter. 18 Individuals with Disabilities Education Law Report 786.
Turnbull, H. III, and Turnbull, A. P. (1998). Free Appropriate Public Education: The Law and Children with Disabilities (5th ed.). Denver, Co.: Love Publishing Company.
Wisconsin Department of Public Instruction. (1996) "Extended School Year Services for Children with Exceptional Educational Needs." Bulletin No. 96.10.
http://www.dpi.state.wi.us/dpi/dlsea/een/bul96-01.html