Section B – Guidance for IEP Teams It is important that IEP team members understand who recommends ESY services, the difference between ESY and summer school, when ESY should be recommended, why ESY services should be documented in an individual child’s IEP, and how eligibility for ESY services should be determined. 1. Who recommends ESY services? Both federal and state regulations make it clear that it is the responsibility of the IEP team to determine a child’s need for ESY services. The IEP team membership must include a person knowledgeable about the range of services available, a general education teacher, a special education teacher, and the parent. The IEP team membership may also include ESY services are special education and related services that are required by a child with disabilities beyond the regular school year. These children shall have disabilities, which are likely to continue indefinitely or for prolonged periods, and interruption of the child’s educational programming may cause regression when coupled with limited recoupment capacity, rendering it impossible or unlikely that the child will attain the level of self- sufficiency and independence that would otherwise be expected in view of his or her disability. It is the issues of regression and recoupment that provide a framework upon which to base discussion about the need for the child to receive special education support beyond the regular school year. If the child does not require ESY, the child could be considered for regular summer school or regular summer intervention program services offered within the Charter LEA. Summer school classes are not special education, are not required, are not based upon a child’s individual needs, do not require an IEP, and are not required in order for a child to receive FAPE. While summer school usually focuses on opportunities for secondary students to recover credits, summer intervention programs generally focus on the development of skills that children at risk of retention need in order to progress. Given that, summer intervention classes may very well be appropriate for children with disabilities who are working toward grade level standards. related services providers, assessment personnel, and/or the child. 2. What is the difference between ESY and summer school? Several court cases have referred to the “availability of alternative resources” when considering ESY services. The LEA could consider community programs that are available to children. The LEA must be cautious when identifying services provided by community agencies such as a Parks and Recreation program. These outside agencies have no requirement to maintain the child in their program. 3. When should ESY be recommended? Since the need for ESY is primarily based on unacceptable regression or recoupment time as demonstrated by the child with a disability, it is important to understand what might be
Chapter 15 – Extended School Year (ESY), Charter SELPA As of 05/09/2019 Steering Committee Review
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