Policy – Category 6000 (Instruction) BP 6003 – Extended School Year (ESY)
In Cordrey v. Euckert (6th Cir 1990) , the court noted that “the school district has no purely custodial duty to provide for handicapped children while similar provision is not made for others. Therefore, begin with the proposition that providing an extended school year is the exception and not the rule…” An example would be a student who requires an integrated setting. If the LEA does not provide summer services for non-disabled students, the LEA is not required to create a new program ( Tuscaloosa County Board of Education, SEA AL 2001; Parent on Behalf of Student v. San Francisco Unfired School District, OAH case # 2001040611. ). In the Alameda USD v. Student (OAH Case # 2007100793), the LEA offered a specialized academic classroom placement for students with moderate to severe disabilities located at an Elementary School for four hours a day, five days a week. The ESY offer was at a different campus than the student’s regular school year. The LEA did not operate an autism-specific special day class (SDC) during the summer ESY after the end of the regular school year. The special day class was taught by a teacher who conducted the student’s academic assessment, had many years’ experience teaching children with disabilities including autism, and was assisted by highly trained paraprofessionals. The class was small, highly structured, and facilitated language and social skills training throughout the day in a multi-sensory environment. Based on the above findings, the district’s offer of a moderate to severe SDC class for the 2007 summer ESY, including children with autism, was appropriate. • The content of ESY services is governed by the necessity to prevent skills or benefits already accrued from the prior year from facing significant jeopardy due to regression or lack of retention ( McQueen v. Colorado Springs School District No. 11, D. CO 2006 ). Additional skills training may be included in ESY when the IEP team determines that this is necessary to meet ESY skills maintenance goals. • FAPE includes not only special education, but also related services. A change in placement can occur when related services are modified in a way that is likely to affect in some significant way the child’s learning experience. A LEA is not required to provide prior written notice when a LEA makes minor discretionary decisions with regard to a child’s curriculum or assignment of
BP 6003 – Extended School Year (ESY)
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Desert Mountain Charter Special Education Local Plan Area (DMCS) (rev. 05/19)
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