Procedure – Category 5000 (Students)
AR 5005.4 – Extended School Year (ESY)
( 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 yea r. 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. Colo. 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 teachers or entertaining suggestions for alternatives to a proposed placement. Requiring prior written notice for every suggestion of an alternative placement or service considered at an IEP meeting would render the process unworkable ( Student v. Tustin USD, OAH case #2006070017 ). ➢ An offer for ESY must address all areas of student need. In the Garden Grove USD OAH Case # 2007080547 , the judge ruled that
Adapted from Guidelines for Determining Need for Extended School Year (ESY) Services, Riverside County Special Education Local Plan Area, 2014. Reprinted in this handbook with permission.
AR 5005.4 – Extended School Year (ESY)
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Desert Mountain Special Education Local Plan Area (DMSELPA) (rev. 09/17)
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