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Summer School Programs
Law-in-Brief: Special Education #9
Date: December, 2000 Prepared by: Beth Stevens, Legal Advocacy Team
Washington State law provides that public school agencies must ensure Extended School Year (ESY) services are available to eligible students. ESY services are educational services provided beyond the normal school year to a student receiving special education and related services.
Q: How is eligibility for ESY services determined?
A: Eligibility is determined on an individual basis by each student’s Individualized Education Program (IEP) team. Common considerations include the likelihood that the student will regress (lose skills) if not receiving educational services over the summer, the need of the student to meet annual goals, health factors of the student, and the student’s past history. School districts develop their own procedures for determining a student’s need for summer services, and the criteria for eligibility may vary from district to district. Parents may ask the school district for a copy of the criteria used in qualifying a student for ESY services.
Q: What if I disagree with the IEP team’s determination that the student is not eligible for ESY services?
A: Parents may request an administrative due process hearing to prove, for example, that the student is regressing during the summer months and is in need of ESY services. See the Washington Protection and Advocacy System’s publication, “Special Education Due Process Hearings.”
Q: May the school district limit ESY services to students who have particular types of disability?
A: No. Additionally, the school district may not restrict the amount, duration, or type of ESY services for any particular group of students. Instead, the need for ESY services must be determined on an individual basis for each student with an IEP.
Q: Are either the student or parents required to pay for ESY services?
A: No. If the student is eligible, these services are included as a part of the free appropriate public education for children in special education. This is true even when the school requires other students to pay for summer school programs. Additionally, some school districts have paid for special education students to attend summer programs in nearby districts or have paid for a special education program not associated with the district, such as an Easter Seals program.
Q: If the student has previously qualified for ESY services, will she automatically receive them in the following years?
A: No. The need for ESY services is not automatically carried from year to year, and eligibility must be determined annually by the student’s IEP team. Parents should document any regression or other change in the student’s learning that is observed during breaks in the school year. This information may be helpful in determining a student’s need for ESY services and should be brought to the IEP meeting.
Q: When should I ask that my student’s need for ESY services be discussed by the IEP team?
A: If you feel your child could benefit from ESY services and consideration for these services is not already included in the IEP, you should request that the IEP team meet and discuss the issue well before the end of the school year. As a general rule, parents should not wait until June to ask for ESY services.
This document is an information service of the Washington Protection & Advocacy System (WPAS). It provides general information only and should not be used as legal advice for any specific situation. If you would like more information about this topic, call us and ask for a Resource Advocate.
To receive this document in an alternative format, such as large print or Braille, please call Washington Protection & Advocacy System (WPAS) at 1-800-562-2702.
WPAS is a member of the National Disability Rights
Network
A substantial portion
of the WPAS budget is federally funded.
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