Summer Opportunities for Your Special Needs Child

Summer is rapidly approaching and many parents are putting the finishing touches on their summer schedules. Hopefully that includes a healthy dose of rest and relaxation for everyone! For some children, summer includes a continuation of or supplement to their special education needs. In this article I will discuss the continuation of services provided by a school district defined as Extended School Year (ESY) services.

ESY services are an extension of the special education services a student receives during the regular school year consistent with their IEP (Individualized Education Plan) goals and objectives. These services are provided at no cost to parents. They are individualized, just like an IEP, to meet a child’s specific needs and are an IEP Team decision. ESY is not summer school, which means school districts cannot refuse to consider ESY programs because they don’t offer summer school to all children.

At least once a year, the child's Team must consider the need for ESY services. This should happen prior to the beginning of a break in service to determine if substantial regression and problems with recoupment could occur without ESY services. In addition to regression and recoupment, additional criteria can be considered which includes the degree of the child's impairment, rate of progress, specific behavior and/or physical problems, ability to interact with non-disabled childrenand specific curricular areas in which the child needs continuing instruction. When all factors are considered, the Team can a determine how much service will be offered. Not all IEP services have to be provided or with the same frequency as during the regular school year. 

School districts must have a written policy and procedures that details the criteria used to determine the need for ESY programming. You could consider requesting a copy prior to the meeting when ESY will be discussed. If you are in disagreement with the need for ESY services, you can request during the meeting that the school’s denial of ESY is recorded on the Prior Written Notice or N1 (sent after the meeting). This should include what information was considered and an explanation of why the school denied the service(s).

ESY programming can be considered even if there is no previous record of substantial regression. The Team can consider if there is lack of progress in meeting short-term objectives over two marking periods, with little to no progress made over the school year, if there are significant regression/recoupment problems over short-term vacation periods or other breaks in the school year, and /or if the unique nature of any special education or related services requires such extended school year programming. Requesting the child’s special education teachers and providers keep data throughout the year and prior to breaks in service(s) will help the Team to make an informed decision. Be sure to ask that data is also kept in relation to the IEP goals during the ESY.

ESY isn’t guaranteed for all students who have IEPs. The Individuals with Disabilities in Education Act (IDEA) allows each state or school district set its own rules for eligibility so it’s important to check with your state’s department of education. Visit http://www.doe.mass.edu/prs/ta/esyp-qa.html for a helpful Q & A guide.

Keep in mind ESY isn’t the only way to keep your child learning over the summer. There are many ways to work on your child’s IEP goals at home or take advantage of other types of summer learning programs. You can find ideas for reinforcement at https://www.understood.org/en/school-learning/special-services/ieps/reinforcing-your-childs-iep-goals-over-the-summer, camp ideas at www.spedchildmass.com and advice on finding the right opportunity at www.fcsn.org/camps/summer_planning.pdf. 

Jennifer Warren is a Special Education Advocate working in the Merrimack Valley and beyond. She is not an attorney and does not give legal advice. You can learn more about Jennifer’s services at www.warrenadvocacy.com or call her at 978-219-4463 for a free 30 min. phone consultation.