II.
What is the difference between ESY and summer school? 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 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.
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. III. 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 acceptable for most children. Tilley, Cox, and Staybrook (1986) found that most students experience some regression during summer break. Using standardized tests, they found the rate of regression for regular education students was four percent. Students with mild handicaps, hearing impairments, and serious behavior disorders regressed at approximately the same rate as their regular education peers. For students with moderate to severe handicaps, there was an increased rate of regression and a slower rate of recoupment. According to the study, the areas that were most impacted for those students were language, gross motor, fine motor, and self-help skills. Therefore, it is reasonable for students with moderate to severe disabilities to be considered for an ESY program that would concentrate on minimizing regression and recovery time. When considering ESY for any child, the IEP must consider data collected during the previous year(s) to determine the child’s need based on regression and recoupment. This decision should be based on a multi-faceted measurement, although there may be rare instances where the IEP team might consider ESY services based on a single criterion. In
Chapter 5 – Supports and Services, Desert/Mountain SELPA As of 10/18/19 D/M SELPA Steering Committee Approval
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