either case, the IEP team must decide a child’s eligibility for ESY services based on data collected that reflects his/her regression/recoupment capacity. To help understand this process, a Data Collection Guide is provided in Exhibit A. Several LEAs have year-round calendars which may require a timeline for provision of ESY slightly different than traditional school year calendars. However, consideration of need for ESY services would follow a similar pattern as that outlined above. In both cases the number of days recommended for ESY is based on student data collected to support student need. Typically, ESY services are aligned with the summer school and/or summer intervention programs provided for general education students in the LEA or school of attendance. However, the IEP team may determine that more days are needed given the program options available and the child’s identified needs. IV. Why should ESY be documented in a child’s IEP? ESY services are to be considered for children between the ages of three to twenty-one or children who have not graduated from high school with a diploma. To ensure that the child receives FAPE, ESY services should concentrate on the areas most impacted by regression and inadequate recoupment. These services may look markedly different in ESY than services provided during the regular school year. The IEP team decision is not driven by the setting in which the child is educated during the comprehensive school year. This may also be true for the frequency and/or the duration of services as based on the individual child’s needs. The child’s need for related services must also be considered as they relate to the child’s benefiting from special education. Since it may be different, it is very important that the offer of FAPE for the ESY period be clearly documented within the IEP. V. How should ESY eligibility be determined? The child’s IEP should be the foundation for determining the need for ESY services. This can be achieved through ongoing assessment and/or review of progress toward goals/objectives. The IEP team meets to review the child’s progress, considering a variety of measurements to provide a baseline that documents the child’s regression and recoupment rate. The IEP team for an initial IEP will not be able to make this determination until after the child has been receiving the special education services and data has been collected. It is recommended that the IEP team reconvene after implementing the IEP for three to six months to review progress data and compare work from before and after break. Since many LEAs have already implemented multiple measures to assess progress toward standards, the LEA’s assessments and observational or informal data may be applicable to the IEP team determination of need for ESY. The assessment must be based on the IEP goals and/or objectives so that progress can be matched directly to each benchmark outlined and the data can be compared to support evaluation of service effectiveness. The team also needs to determine and document if the child will take the local multiple academic achievement measures with or without accommodations, with or without modifications, or take alternative measures.
Chapter 5 – Supports and Services, Desert/Mountain SELPA As of 10/18/19 D/M SELPA Steering Committee Approval
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