MMSD – Department of Educational Services
Revised, March 2010
TO: Special Education Staff, Building Principals, Special Education Coordinators, Assistant
Superintendents
FROM: John Harper, Executive Director, Department of Educational Services
This memo will provide information about the following topics related to extended school year services (ESY):
· Purpose of ESY Services
· Requirements and Limitations
· Key Questions for IEP Teams Considering the Need for ESY Services
PURPOSE OF ESY SERVICES
ESY services are provided to eligible students with disabilities specifically to maintain the current level of skill acquisition and prevent significant regression from occurring during extended school breaks. ESY services are not intended to improve a student’s current level of academic achievement and functional performance.
The MMSD must ensure that extended school year services are available as necessary to provide a free appropriate public education to students with disabilities. If appropriate, ESY should be discussed regardless of whether the IEP being held is an initial or annual IEP. There are four broad areas where a student might qualify for ESY services:
1) Regression/Recoupment: To prevent severe regression (i.e., substantial loss) of acquired skills during an interruption in instruction which may then require a significant time for recoupment of those skills (e.g., instructional time which exceeds 6-9 weeks to reestablish skills). The skill must have been addressed by ongoing instruction by special education or related services staff for an extended period of time or, in the case of an initial IEP for an early childhood aged student, the skill must have been addressed through ongoing interventions focused on the particular skill.
2) Critical Stage: To prevent regression of a skill which is at a critical stage of development where an interruption in instruction will require a significant time for recoupment of that skill. This is a situation where a student has made a dramatic “break through” in progress relative to an important skill and an extended break will negatively impact the retention. Generally, this is not a case where the student has made slow and steady progress during the school year but needs additional time. The skill must have had ongoing instruction by staff or, in the case of an initial IEP for an early childhood aged student, the skill must have been addressed through ongoing interventions focused on the particular skill. For ESY services to be delivered during the summer months, determination that a student is at a critical stage, by the nature of the definition, does not occur until late spring. Typically, the skills being identified are limited to concrete or discrete skills, often in the speech and/or motor areas.
3) Sustain Paid Employment: For those students who are currently being supported in their employment by the MMSD and who are at risk of losing that employment during the school break. ESY Services may be needed to maintain the student’s employment during extended breaks. In this context, the provision of ESY Services actually prevent regression because the student would lose their employment if support was not continued.
4) Vocational Transition: For students aged 18 years of age or older, or students in their last year of school, services are provided to maintain paid or unpaid work. These students must also be referred to and be eligible for supported employment funding by a Dane County adult service agency.
REQUIREMENTS AND LIMITATIONS
· The District must ensure that ESY services are available to each student with a disability to the extent necessary to ensure that a free, appropriate public education (FAPE) is available to the student.
· The IEP team makes the determination of the need for ESY services on an individual basis which may include students who have completed Initial IEP’s.
· Nothing in the law indicates that every student with a disability is entitled to receive ESY services. Furthermore, the need for ESY services is not based on the type or severity of the disability.
· The receipt of ESY services at one point in time does not automatically guarantee the receipt of ESY services during subsequent years.
· Parents/legal guardians should be encouraged to provide structured opportunities for their student to practice skills during summer vacations. Teachers may provide parents/legal guardians with ideas and materials to use during extended breaks (e.g., summer) to promote this practice.
· ESY services are not provided for the sole intent of assisting a student who is moving across levels (SMAL), but must be directly related to the goals, programs and services identified on the student’s IEP.
· ESY services should not be viewed as an opportunity to provide additional instruction when no progress/gain has been demonstrated.
· ESY is an extension of a student’s IEP and is thus a component of FAPE. In contrast, Extended Learning Summer School is considered supplemental in nature and is not a requirement of FAPE even though students may receive reasonable accommodations and services provided by special education staff.
· ESY projections should include information relative to criteria; regression/recoupment, critical stage – from any and all sources (e.g., MMSD staff, non MMSD staff, and parents) as well as potential or predictive regression. In analyzing a student’s potential regression/recoupment, the district should consider information obtained from prior experiences (e.g., Bridges, private providers) to make an individual determination based upon solid evidence or reasoning.
· If the student turns three during summer break, the IEP team must consider ESY services for FAPE, and if eligible, start ESY services on the student’s third birthday.
· Students receiving extended school year services must be educated in the least restrictive environment in which the student’s IEP can be implemented. However, because extended school year services are provided during a time when the full continuum of educational placements is not typically available, the district is not required to establish programs to ensure that a full continuum of educational placements is available solely for the purpose of providing extended school year services. Options on the continuum must be made available only to the extent necessary to implement a student’s IEP. If the participants in the student’s IEP meeting determine that interaction with non-disabled students is required during the ESY period, then the district must provide the student with an opportunity to interact with non-disabled peers.
PROCESS GUIDELINES
There is no single-standard that may be applied in all cases when determining whether a student with a disability qualifies for ESY services.
1. The ESY process begins with the case manager collecting data to support the need for services, and reporting that information on an ESY projection form (e.g., regression, critical stage, summer employment or vocational transition). The form aids staff in assuring that data is present to meet the criteria needed for ESY services.
2. This form is then submitted to Educational Services for consideration by an area special education coordinator.
3. Upon review of the information, the area coordinator assigns an LEA Representative who must be present at the IEP meeting where ESY services are discussed. Since the provision of ESY services is a commitment of resources beyond a school’s authority, only designated LEA Representatives can be part of the process.
4. If the IEP team agrees that ESY services are necessary for FAPE, staff then document the decisions by completing the ESY forms in the eIDEA system.
KEY QUESTIONS FOR IEP TEAMS CONSIDERING THE NEED FOR ESY SERVICES
The IEP team chairperson guides the team through the following sequence of questions if an IEP team participant suggests a student may have a need for ESY services:
1. Which area(s) of need identified in the IEP should be considered for ESY services?
2. For each of these areas:
· Are there established school district or community programs (e.g., traditional summer school, MSCR programs) which could address the student’s area(s) of need?
· Is there an acquired skill which may severely regress due to an interruption in instruction and require excessive time for recoupment (e.g., 6 – 9 weeks) to re-establish a commensurate level of performance and does the team have information supporting the regression?
· Is there a skill at a critical stage of development, which if not completely acquired and mastered, would likely be lost and does the team have information supporting this?
· For a student whose current annual IEP includes participation in a competitive employment opportunity, could failure to maintain this employment jeopardize this student’s post high school transition to an adult service provider?
· Could a related service be the sole service necessary to prevent regression, limit recoupment time, or maintain current level of skill development?
Implementation Memo #12 – Revised, March, 2010 Page 1 of 3