Autism Alert BLOG ~

Autism Alert BLOG
 
As we approach the end of the school year, many students with autism are eligible for an Extended School Year (ESY). Before the break between sessions, parents should be expecting notice from their child's Teacher of Record (ToR) about details for the upcoming Extended School Year (ESY) program. If you do not receive notice, check your copy of your child's Individualized Education Program (IEP), or Section 504 Plan​. If your child is considered eligible for ESY, it should be mentioned in their Annual IEP paperwork.

​Also, now is the time to get a referral, or ask for therapists who may be available to come to the campus of your child’s public, private, or charter school, during ESY.
 
Know that in the United States, the current administration may be changing or amending this Federal Extended School Year (ESY) law. Check with your child’s school, as soon as possible. Eligibility for ESY services are at no cost to parents, and is determined by the child’s Individual Education Program (IEP) team. Parents who do not agree with their school districts ruling always has Due Process available to them.
 
Note: More about ‘IEP’ & ‘Due Process’ & ‘Section 504’ go to MENU for Know Autism, Know Your Child with < My Thoughts > by Sara Luker. Read on this website under – UNIT 6 Laws ~ Federal, State, & Local, CHAPTER 3 a. Individualized Education Plan (IEP); APPENDIX A Due Process Hearing, & APPENDIX B Section 504 Plan.
 
For your ‘regular’ education students at all levels, summer school programs are an opportunity to learn, relearn, and maintain skills taught in a different way by a different teacher. Summer school is also an opportunity to take classes which may be of interest to students.

Staff Writer, Wrightslaw (2022) tells us that the Office for Civil Rights (OCR) of the Department of Education ruled that even students regarded as disabled under Section 504 of the 1973 Rehabilitation Act, and not eligible for services under IDEA, must be considered for Extended School Year (ESY) services.
 
They also say that there are no comprehensive eligibility criteria in the law, and only general standards have been mentioned by the courts for including ESY in the student’s program. These general standards are designed to maintain the student’s reasonable readiness to begin the next year. It is not to provide a child with education beyond that is prescribed in his/her IEP goals and objectives.
 
According to Wrightslaw, there are seven ESY General Standards –
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• ESY Standard #1 ‘no single criterion’

No single criterion can be used as a sole qualifying factor. The IEP team considers ESY determination only if the student’s IEP goals and objectives have been achieved over the school year. But those goals and objective may be lost or forgotten if not reinforced and maintained, through an ESY program. The program must be critical to the child’s school progress and IEP goal and objective maintenance.
 
< My Thoughts >      “…qualifying factor.”
 
If there were only one qualifying factor then that would negate ‘achieving their IEP goals and objectives. The Special Education student usually has goals and objectives in more than one curriculum area. And in addition, that student may also have a non-curriculum Behavior Intervention Plan (BIP).
​

• ESY Standard #2 ‘regression / recoupment’

 There is predictive data that the child needs to continue services in the summer to secure the minimum benefits of a free and appropriate public education in the fall.
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< My Thoughts >      “…needs to continue services…”
 
The child needs to practice and continue IEP skills, plus have ‘follow-up’ to necessary therapies. Know that for various reasons, some ESY programs are not always able to provide the same therapy services as during the traditional school year. Or, your child may receive therapy in a group, rather than individually. Check with your school.
​

• ESY Standard #3 Emerging skills

If such an IEP skill is not completely acquired and mastered, it is likely that the current level of acquisition will be lost due to the interruption of summer vacation.

< My Thoughts >      “…not completely acquired and mastered…”
 
Often, the student is not able to show ‘skill mastery’. But that skill must be written as a goal on their lawful and current Individualized Education Plan (IEP). Parents should never have other or different expectations. You have every right to ask and receive any documentation regarding your child’s IEP and ESY services.

• ESY Standard #4 ‘nature & severity of the child’s disability’

The nature and severity are key factors in the ESY eligibility determination since children with severe disabilities are more likely to have significant regression and longer recoupment time.
 
< My Thoughts >      “…regression and longer recoupment…”
 
Remember however, that regression and recoupment time are not the only criteria for the child to receive ESY services. Yes, the severity of the child’s disability does determine the level of support needed; according to their DSM-5 level assessment.
 
Note: For further information on ‘DSM-5 levels of support’ go to MENU for Know Autism, Know Your Child with < My Thoughts > by Sara Luker. Read online here, under UNIT 2 – Why Is It Autism? CHAPTER 1, Diagnosis & DSM-5.

• ESY Standard #5 Notice & timing

The student’s eligibility for ESY must be considered at each IEP annual review meeting. Parents must sign a form acknowledging their receipt of this information.
 
< My Thoughts >      “…sign a form…”
 
Without this documentation, a child may not qualify for ESY. Also, if the family moves to another school district over summer, then the child may not ‘automatically’ be eligible for ESY at the new school. Know also that parents may ask for an IEP meeting at any time it is deemed necessary.

• ESY Standard #6 ‘content & duration of ESY services’

Some ESY services may extend over the summer, while other districts may provide only for periodic contact with professionals, or assistance to parents in providing instruction or reinforcement to their children.
 
< My Thoughts >      “…periodic contact…”
​
Some school districts may send students to a different campus for services. Parents may be required to private pay for ‘therapy’ services at home. Or, it may be suggested that they take their child to a therapist to continue services. Some ESY programs may not provide transportation to the ESY campus location. See Standard #7, below.
​

• ESY Standard #7 ‘ability of the parents to provide an educational structure at home’

​Your child’s school may determine that the student’s utilization of a computer software program will be sufficient to maintain a critical IEP designated skill. Or that accessing an existing community resource, such as a summer recreation program, will meet their needs.
 
< My Thoughts >      “…critical IEP designated skill…”
 
If the parents prefer, or can provide the student’s ESY services at home, then your child’s IEP team (of which the parent is a team member) may reject having services provided on the school campus.

REFERENCE:

​Staff Writer, Wrightslaw (2022). Standards for Extended School Year (ESY). Retrieved online from – https://www.wrightslaw.com › esy.standards.barlev.htm

​​Keep the key factors of your child’s IEP strong throughout summer, and all school breaks. Keep in touch with his or her teachers and take suggestions about how the family can help. Often, siblings can reinforce and/or perform follow-up methods so that the child learns to transition the skill from another perspective. Let the family get involved in making Visual Supports, making a favorite snack, doing chores; or, just planning summertime activities on their own with their ‘special’ sibling.

Thank you so much for sharing and commenting!

Regards,
​Sara Luker