ESY is a decision to be made by the IEP Committee -- not a lone school district rep. Typically, sd's are more receptive to EYS if the child has reflected regression over the summer. But, that's not the only reason for EYS.
THE LAW LIBRARY: EXTENDED SCHOOL YEAR SERVICES
Several hot battles have been fought over extended school year services. We've added an ESY case to the site.
In Reusch v. Fountain, 872 F.Supp. 1421, 21 IDELR 1107 (D. MD 1994),
a federal court addressed the school district's "hostility to providing ESY." In this case, the court found that parents were prevented from advocating for their children by the district's refusal to provide parents with notice about their right to request these services. The district also engaged in delaying tactics by requiring parents to attend futile meetings.
The court found that, in this district, administrative convenience took precedence over providing FAPE to children with disabilities. Educational decisions were not individualized according to the needs of the child.
In Reusch v. Fountain, the court listed six factors that the IEP team should consider in deciding if the child is eligible for ESY as a related service. These six factors include:
1. Regression and recoupment - is the child likely to lose critical skills or fail to recover these skills within in a reasonable time;
2. Degree of progress toward IEP goals and objectives;
3. Emerging skills/breakthrough opportunities - Will a lengthy summer break cause significant problems for a child who is learning a key skill, like reading;
4. Interfering Behavior - does the childâs behavior interfere with his or her ability to benefit from special education;
5. Nature and/or severity of disability;
6. Special circumstances that interfere with childâs ability to benefit from special education.
Citing Peteâs case, Florence County School District Four v. Shannon Carter,
the District Court wrote that
In any contest between systematic efficiency and the provision of FAPE to a disabled child, Congress and the Supreme Court have made it clear that the child must prevail.
You can learn more about it at www.wrightslaw.com
As the parent, you can call an IEP meeting at any time.