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Advocacy
Strategies: Negotiating for ESY Services
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If your child needs
Extended School Year Services (ESY) but the school does not want
to provide these services, you need to learn about the legal
requirements for ESY and how to use advocacy strategies to negotiate
with the school.
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Compensatory Education - generally defined as
educational services above and beyond that normally due a student
under his state's education law. While compensatory education is not
a remedy expressly identified in the IDEA, courts, have awarded it
in appropriate circumstances to 'grant such relief as the court
determines appropriate.' Generally speaking, compensatory education
may be an appropriate remedy when a student has been denied FAPE in
the past.
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Compensatory Education Under the Individuals with Disabilities with
Education Act - The Individuals with
Disabilities Education Act (“IDEA”) was adopted in 1975 to provide a
“free appropriate public education”2 for disabled children.3 It is
the Congressional response to a long history of benign neglect and
active discrimination.4 The IDEA makes no specific provision for the
remedy that has come to be called compensatory education. This is a
judicially designed cure for school district failures to provide an
appropriate education and this article will explore the ongoing
development of this remedy.
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ESY IEP Meeting Checklist
- ESY Standard (including citation to regional decision) (Requires
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Extended
School Year -
The term EXTENDED SCHOOL YEAR
encompasses a range of options in providing programs in excess of
the traditional 180-day school year. The issues of regression and
recoupment have been pivotal in the litigation that has advanced the
concept of extended school year (Armstrong v. Kline, 1979; Battle v.
Commonwealth 1980). Regression has been described as the lack of
maintenance or loss of skills over the summer recess. Recoupment is
getting back that which was lost.
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Extended
School Year (ESY) Services -
Extended school year (ESY)
services means the individualized extension of specific services
beyond the regular school year provided to a student with a
disability as part of a free appropriate public education in
accordance with the student's individualized education program (IEP).
ESY services are provided for students exhibiting the need for
special education, related services, or both, beyond the regular
school year.
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Failure
to Provide a FAPE, Unilateral Graduation & Compensatory Education
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On March 19, U. S. District Court judge Manning issued a strong
decision about FAPE in Kevin T. v. Elmhurst Comm. School District
No. 205.
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Home bound & Hospitalized Instruction for Pupils
- Special instruction for pupils
confined for an extended period of time to the home or hospital
because of illness or injury is provided by a certificated teacher
in accordance with Kansas statutes and regulations. (Wichita School
District).
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A Parent Guide to Understanding Extended School Year (ESY) Services
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Your child may need educational
services beyond the regular school year. The regulations that
accompany the Individuals with Disabilities Education Act (IDEA)
state: "Each public agency shall ensure that extended school year
services are available as necessary to provide FAPE." 34 C.F.R.
300.309(a)(1). This guide is to assist you in understanding extended
school year (ESY) services.
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Maximizing
Your Child's Chances for Meaningful ESY Services A Parent's Strategy
- Children protected by
the IDEA are by law entitled to a "free appropriate public
education". the unique educational needs of these children, the
provision of FAPE involves development of a probram of special
education and related services in excess of the normal school year.
IEP-based programming that takes place during school breaks is
commonly referred to as extended school year services, or ESY.
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Primer on the Provision of Extended School Year
- The purpose of this document
is to provide guidance for parents, educators, and administrators
regarding the determination and implementation of extended school
year (ESY) services for eligible students with disabilities. Parents
of children with disabilities should be provided information
regarding ESY to better enable them to be involved in the decision
for or against ESY services for their child. This document contains
guidance to some of the most commonly asked questions and guidance
regarding ESY services. (Requires
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Standards for Extended School Year (ESY)
-The principle that
each student with a disability is entitled to an individually
designed education was established in a series of court cases that
led to the adaptation, in 1975, of the federal law now known as
IDEA. A subsequent series of court cases and policy clarifications
established that providing special education services beyond the
usual school year is a part of the guarantee of the free,
appropriate public education (FAPE) clause of the IDEA. These
decisions have prescribed the basic requirements for ESY program
eligibility and defined some related ESY elements, such as the
length and type of the ESY program, and funding matters, including
transportation.
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Understanding
Extended School Year
- “It [is] hard to imagine any autistic child who would not qualify
for extended school year services.” QUOTES DEFINING ESY STANDARDS
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