�Presented by:� Heather Pierson�Udall Shumway PLC �

ESY, Comp Ed, and Other Legal Issues

�Extended School Year

The Purpose of ESY

• ESY is all about the maintenance of skills

What is “ESY”?

• Extended school year means additional special education and related services for pupils with disabilities to supplement the normal school year which are provided as part of a free appropriate public education.
• It is provided in accordance with the child’s IEP.
• It is provided at no cost to families.

Who is Eligible?

• Who is eligible?
• All children with disabilities who have a current IEP
• Not limited to one category of disability
• Applies to all children with a disability from ages 3-21
• Who determines the need for ESY?
• The IEP team, with IEP documentation that indicates the participation of all required participants

What do we do?

• All children with IEP’s must be considered annually.
• Discussion at IEP meeting is consideration.
• If student does not qualify the box is checked no – this student is done.
• If the box is checked yes data will be reviewed to see if student qualifies.
• A yes check does not mean student qualifies- it means they will be considered!
• At end of 1^st quarter, review data on those who are to be considered.
• If the data does NOT support ESY, a prior notice must be sent to inform parents.
• If data supports ESY, profiles and addendums will be completed and a meeting held.

Making the Decision

• Gather information
• Review progress on IEP goals
• Lack of progress does not mean that ESY is required!
• Identify Critical Learning Skills
• Impact maintenance of educational benefit
• May include
• Communication skills
• Self-help skills
• Social-emotional skills
• Motor skills

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Identifying Regression and Recoupment

• Skill must be one that student has a grasp of (a goal at 10% would indicate that student does not have a grasp on that skill).
• At end of 1^st quarter – has student recouped the skill?
• Regression/recoupment must be significant - a 5% difference does not meet criteria.

Significant skill loss….

• Data that meets the standard of significant skill losses of such degree and duration as to seriously impede progress toward educational goals and loss of educational benefit would indicate a need for ESY

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• This means that the loss of the skill is so significant that is has a serious effect on that students progress in school

Questions IEP Teams Might Ask

• Without ESY, will the student be unable to receive some level of benefit from his/her educational services during the school year?
• Will maintaining the critical skill enable the student to maintain the current LRE setting or help prevent movement to a more restrictive environment?
• Will maintaining the critical skill allow the student to maintain a current level of independent success in integrated environments (general education, work?)?
• Without ESY, will the student’s behaviors that have been targeted by IEP goals prevent him/her from receiving some benefit from his/her educational program during the year?
• Does date support the student is at a crucial stage of development of a critical skill and the lapse of services would substantially jeopardize the student’s chance of learning that skill?

Methods of Determining ESY Qualification

• Retrospective Data – looking back
• Data that currently exists
• Can be verified through observation or data collection
• May include:
• Past Regression of a SIGNIFICANT nature
• Rate of Recoupment
• SIGNIFICANTLY delayed or limited
• Time during the school break is so significant that it interferes with progress

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Methods of Determining ESY Qualification

• Predictive Data – looking ahead
• Expert Opinion – can be a determination
• EX: a medical doctor giving input on a student with a TBI
• Circumstantial Considerations
• EX: A child who has been in a coma for a year and wakes up – will not have past data but one could predict that this child will need ESY services
• EX: A child who is moving from a self contained placement into a general education placement who has had behavior issues in the past – may be predicted that this child would need some consistency over the summer to be successful in new placement.
• Anecdotal Records

EX: A teacher keeps journal type notes as opposed to data

sheets that demonstrate the child’s needs.

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Other Things to Know

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• ESY does NOT = Summer School
• There are multiple service delivery models for ESY
• Include any related services needed, such as transportation
• Determine length and type of service
• IEP documentation must include the participation of all required participants in the ESY decision

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Factors Inappropriate to Consider

• The cost to the district.
• The student’s need for supplemental, enrichment, or socialization instruction.
• Slow progress typical for a child.
• Convenience of the parent or school (summer recreation program, day care, respite).
• Slow progress that is the result of medical problems, absenteeism, or transitional life situations (e.g. divorce or death of a family member).
• The need for additional instruction to maximize the child’s educational opportunities.
• The need for educational opportunities above is what is prescribed in the IEP.

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ESY Service Delivery Models

• School-based services that vary in length (e.g., 2 weeks, 6 weeks, 10 weeks);
• Grouping of children with similar goals and objectives or benchmarks;
• Intra-school cooperative programs (e.g., Title 1);
• A cooperative program with another agency;
• Limited child contact, perhaps 3–4 times during the summer to prevent regression;
• A week of intensive review just prior to the beginning of the school year;

ESY Service Delivery Models

• Multi-school shared programs;
• Contractual arrangements;
• Community-based programs;
• Transition opportunities; or
• Parent training -- some children might benefit most by providing training to the parent in advance of long breaks in regular school schedules.

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If ESY will be provided….

• Identify the specific goal(s)
• Determine the type(s), amount(s), and duration of services required based upon the goal(s) – based upon need, not existing program
• Determine the LRE in which to address the goal(s)
• Determine participation with peers without disabilities
• Determine the person(s) responsible for providing services
• Provide the parent with Prior Written Notice.

If ESY services are not necessary…

Provide a Prior Written Notice and include justification.

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�Compensatory Education

The Purpose of Comp Ed

• The purpose of compensatory education is to put the student back in the same position he/she/they would have been in but for Covid.

ADE Guidance Documents

Special Education Guidance for COVID-19

• https://www.azed.gov/specialeducation/special-education-guidance-for-covid-19/

COVID-19 Special Education Q & A

• https://cms.azed.gov/home/GetDocumentFile?id=5e7aa37803e2b3080c564f89

ADE Guidance Documents

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COVID-19 Special Education 2020-2021 Re-entry guidance

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• https://www.azed.gov/specialeducation/special-education-guidance-for-covid-19-for-school-year-2020-2021-reentry/

Compensatory Educational Services in Light of COVID-19 School Closure Questions and Answers

• The purpose of compensatory services in this scenario is to remedy the inability to provide appropriate services during the period of closure.
• An individualized determination must be made for each student to determine the need for compensatory education.
• Not every student is going to be eligible for compensatory education.

Compensatory Educational Services in Light of COVID-19 School Closure Questions and Answers

• Compensatory education is not required to be minute for minute.
• Compensatory education should be determined by considering the totality of circumstances, including parent input, services provided during the period of school closure, ability of the student to access any services, and regression/progress of skills.

Compensatory Educational Services in Light of COVID-19 School Closure Questions and Answers

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• There is no set timeline for when you need to make a compensatory services offer or provide the services.
• View the link above for sample letters to parents re: compensatory services and for an aide/template for helping determine compensatory services

�How Do We Put It All Together?

• It depends. There really is no black or white answer.
• The ESY analysis should remain the same.
• For compensatory education owed because of Covid, we would expect to consider the data comparison between 3^rd and 4^th quarter of 2020. However, you need to review the totality of the student’s needs.

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Are ESY and Compensatory Education Different?

• Yes.
• A student may require ESY for FAPE but not require compensatory education due Covid.
• A student may not require ESY for FAPE but does require compensatory education due to Covid.

Can We Use Summer School As ESY?

• Yes.
• As long as the team determines that it is appropriate to provide FAPE to the Student.
• However, you do run the risk of the services not being individualized to the Student’s needs.

Can We Use ESY as Compensatory Education?

• Yes, BUT…
• You can utilize the services available during that time.
• It is not ESY and you should not refer to it as such.

Can We Utilize Summer School as Compensatory Education?

• Yes.
• Ensure that it is individualized to the Student’s needs.

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Heather R. Pierson

____________________

Udall Shumway plc

1138 North Alma School Road, Suite 101

Mesa, Arizona 85201

hrp@udallshumway.com | 480-461-5384

www.udallshumway.com

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