Extended School Year Services (ESY) - The Special Education Team

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INTRODUCTION 7/1999 Revised 8/2004 Over the years, there have been a number of issues and questions concerning a school district’s responsibilities to provide Extended School Year (ESY) services. ESY services are required special education and/or related services provided during the summer and at other times not within the school term. These services are provided consistent with a child’s individualized education program (IEP) in order for a child to receive a free appropriate public education (FAPE). During the 1997-98 school year, CESA #9 in coordination with the Department of Public Instruction, Special Education Team, started the process of reviewing how school districts in Wisconsin and other states were dealing with Extended School Year policies and with the implementation of ESY services. All 50 states were surveyed with 46 states responding. In the fall of 1997, the ESY Committee of CESA #9 sent a questionnaire to school districts in Wisconsin that conducted ESY programs during the summer of 1996. Districts were asked to provide: � Number of children served in each special education category � Factors considered in determining the need for ESY � Examples of wording used on the IEP to document the need � Examples of data collected, recorded and analyzed to document the need � Examples of how ESY services were provided � Copies of forms or checklists that were used Results provided a variety of responses, which were then analyzed and used in the development of this guide. National Association of State Directors of Special Education’s (NASDSE) analysis of state regulations and policies, Wisconsin Council of Administrators of Special Services’ (WCASS) report on ESY, ERIC Digest paper, opinions in court cases, and several other papers written on ESY were also incorporated into this guide. Finally, we have included case examples to more realistically describe the process an IEP team may use to determine the need for ESY and the implementation of these services. The new federal IDEA regulations were published, in March of 1999, and for the first time, addressed Extended School Year services. This language has been incorporated into this guide. We hope that this will be a helpful tool as you and your IEP team makes decisions regarding a child’s need for Extended School Year services. CESA #9: 1999 Determining ESY Services, Revised 2004 1
State Statute Chapter 115.77(lm)(b): EXTENDED SCHOOL YEAR: STATUTORY REFERENCES 7/1999 Revised 8/2004 “A local educational agency shall demonstrate: [that it] makes available a free appropriate public education to children with disabilities.” Federal IDEA Regulations CFR 300.309 (a) General. (1) Each public agency shall ensure that extended school year services are available as necessary to provide FAPE, consistent with paragraph (a)(2) of this section. (2) Extended school year services must be provided only if a child’s IEP team determines, on an individual basis, in accordance with § 300.340-300.350, that the services are necessary for the provision of FAPE to the child. (3) In implementing the requirements of this section, a public agency may not— (i) Limit extended school year services to particular categories of disability; or (ii) Unilaterally limit the type, amount, or duration of those services. (b) Definition. As used in this section, the term extended school year services means special education and related services that— (1) Are provided to a child with a disability— (i) Beyond the normal school year of the public agency; (ii) In accordance with the child’s IEP; and (iii) At no cost to the parents of the child; and (2) Meet the standards of the SEA. (Authority: 20 U.S.C. 1412(a)(1)) CESA #9: 1999 Determining ESY Services, Revised 2004 2
Page 1 and 2: CESA #9: 1999 Determining ESY Servi
Page 3: TABLE OF CONTENTS Introduction.....
Page 7 and 8: FACTORS TO CONSIDER 7/1999 Revised
Page 9 and 10: Figure 2 Factors to Consider: Criti
Page 11 and 12: STEPS TO FOLLOW WHEN AN IEP TEAM CO
Page 13 and 14: Figure 3: Wisconsin DPI ESY Form (I
Page 15 and 16: 7/1999 Revised 8/2004 SIGNIFICANT C
Page 17 and 18: 7/1999 Revised 8/2004 Must the dist
Page 19 and 20: May a district provide related serv
Page 21 and 22: SCENARIO: ANTONIO 7/1999 Revised 8/
Page 23 and 24: Antonio - page 3 7/1999 Revised 8/2
Page 25 and 26: Background Information SCENARIO: BE
Page 27 and 28: Beau - page 3 7/1999 Revised 8/2004
Page 29 and 30: David - page 2 7/1999 Revised 8/200
Page 31 and 32: David - page 4 7/1999 Revised 8/200
Page 33 and 34: Kathy - page 2 7/1999 Revised 8/200
Page 35 and 36: SCENARIO: DONETTA 7/1999 Revised 8/
Page 37 and 38: Donetta - page 3 7/1999 Revised 8/2
Page 39 and 40: Victor - page 2 7/1999 Revised 8/20
Page 41 and 42: Background Information SCENARIO: JO
Page 43 and 44: Jonathon -page 3 7/1999 Revised 8/2
Page 45 and 46: Nhia Kou - page 2 7/1999 Revised 8/
Page 47: RESOURCES DPI Bulletin 96, Extended

Extended School Year Services (ESY) - The Special Education Team

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