appropriateness of the placement offered by the school district, and not on the alternative preferred by the parents (Gregory K.). An IEP is evaluated in light of information available at the time it was developed, and is not to be evaluated in hindsight. An IEP is “a snapshot, not a retrospective” and it must be evaluated in terms of what was objectively reasonable when the IEP was drafted (Adams by & Through Adams v. Oregon, 9th Cir. 1999). The issue is what the record demonstrated that the IEP team knew when it indicated that ESY was unnecessary as the student was progressing appropriately and would not need ESY (Santa Ana USD vs. Student and vice versa, OAH Case #s 2005090037; 2005100257). Evidence must support recommendations to offer or not offer ESY, even when an expert in autism opines in an Independent Educational Evaluation (IEE) that the student required ESY (Parent vs. Torrance USD, OAH Case # 2010080289). Even when the student’s condition meets the first criteria for ESY (that her disabilities were likely to continue for a long time), the student did not establish that she had limited recoupment capacity that would render it impossible or unlikely to attain a level of self-sufficiency and independence that would otherwise be expected (Parent v Roseville Joint Union High School District and Placer County Children’s System of Care, OAH CASE # 2011061341).
4. Practical Implications: What ESY is and is not ESY is: • Based only on the individual child’s specific critical skills that are critical to his/her overall education progress as determined by the IEP team. • Designed to maintain student mastery of critical skills and objectives represented on the IEP and achieved during the regular school year. • Designed to maintain a reasonable readiness to begin the next year. • Focused on specific critical skills where regression, due to extended time off, may occur. • Based on multi-criteria and not on a single factor.
Chapter 15 – Extended School Year (ESY), Charter SELPA As of 05/09/2019 Steering Committee Review
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