Re: For (and n, ESY info here too!)

[Guest guest]

" Legal Basis

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. In addition, 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, have to be considered for ESY

services. A letter of finding, issued by OCR regarding the Baltimore

city public schools, states that " Section 504 regulations require

that the individual needs of every child be examined, considered,

and met. While 180 days of school may be adequate for some

handicapped students, it may not be adequate for others... " .

Eligibility for ESY services at no cost to parents is determined by

the child's Individual Education Program (IEP) team. This IEP team

must consider, as appropriate, whether a child needs extended school

year services in order to receive a free appropriate public

education (FAPE). Clearly, this determination must be done on an

individual basis.

The program of ESY as part of the IEP is not simply an extension of

time in school, nor is it required for every student. Nevertheless,

it is the function of the school district to evaluate the need for

ESY services correctly and fairly. This issue is made more difficult

by the fact 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. "

ESY is a very murky area. All the regression/recoupment

issues, etc. MY TWO YEAR OLD IS TELLING ME TO CLOSE MY COMPUTER SO

I'M OFF. But remember this should be something determined by the

IEP team which you are a part of and schools should not drag their

feet April and May to effectively deny you ESY is that is your

desired outcome. And never let a school tell you a child has to

fail one summer before they'll decide. This is my son's first

school year and he's receiving ESY this summer.

> > > Sorry I don't post often to this group and rarely have time

to keep up with the

> readings

> > of

> > > posts, but did today.

> > > ,

> > > It sounds like the school is trying to give your son OT and

SLP CONSULTATION

> SERVICES

> > > instead of actual services. The IEP MUST SPECIFY exactly the

services provided, the

> > > amount (whether it be per week, per month, etc). If he has 30

minutes of OT per

> week,

> > > you will want it written exactly how much of that 30 minutes

is for teacher consult,

> and

> > > whether it is 1:1, small group, both, or all three. When my

kids were young and I was

> > way

> > > naive about the law, I thought 30 minutes OT meant 30 minutes

OT, but came to find

> > out

> > > that it was only 20 minutes and the other 10 were for

consult. Sorry, team, but that

> no

> > > longer flies with me.

> > > The amount of services I would request would be similar to

what your child would be

> > > receiving in an outside setting in private therapy. I do not

see the need for teacher

> > > consults after each session, and I seriously doubt any of the

service providers run

> down

> > > and get that in anyways. If the treatments were in private

outside therapy, a consult

> > report

> > > would not be going to teachers after each session, instead I

would use " consult as

> > needed "

> > > (with no time listed for that) and request all therapies be

for the full time 1:1. If you

> > see,

> > > after a few months, that your child is not making adequate

progress towards the goal

> in

> > > proportionate time lines to the actual IEP dates, i.e.30%

toward goal after 1/3 of the

> IEP

> > > time, then reconvene and raise it. personally, I like to go

high and take it down AFTER

> > > progress is being made, and proven.

> > > You will also want location of therapy written in your

contract. Several SLPs tend to

> try

> > and

> > > do therapy in the cintext of the classroom, which turns more

into a montoring session

> > > with the classroom and that is not the same as 1:1.

> > > Ask for the baseline data, what tests were used to measure for

and that you want to

> > > physically SEE their data sheets (if you do this at an actual

meeting, the jaws will drop,

> > > because I have discovered they used to never even KEEP DATA,

and years ago,

> admitted

> > to

> > > me they had none! They will definately keep it and bring it

to every IEP meeting after

> > that).

> > > You will need to request monthly data reports.

> > > And lastly, insist that ALL goals be for your child to obtain

the same guidelines that

> his

> > or

> > > her typical peers present. That includes academics, also. If

your child is in 4th grade,

> it

> > is

> > > inconceivable for your child to have Kindergarten or 1st grade

level goals, unless, of

> > > course, there is such severe MR or similar reports. I ask at

every IEP meeting, when

> > > discussing goals, what is the standard for this particular

grade level to do? The more

> > > behind your child gets, the harder it will be, if ever, to

catch up. And that would be a

> > > denial of FAPE.

> > > Feel free to email me of you have any other questions. Keep

us posted on your

> > meetings.

> > > Sheeks

> > > Akron, OH

> > >

> > >

> > >

> > >

> > > --- In , Biehl <angelabiehl@>

wrote:

> > > >

> > > > Hi Becky and (everyone else)

> > > > I am not thinking I will able to get together on Sat.

Dylan was crashing into to

> walls

> > and

> > > the couch and broke his collar bone yesterday. Sorry we will

have to miss out. I am

> really

> > > looking forward to meeting you guys.

> > > > We are having some big problems with getting somethings

put into his IEP. Does

> > > anyone in the group have it written specifically how much OT

and SLP in the IEP? Our

> > > district is telling us they can not do that. I was also

wondering if anyone has sensory

> > diet

> > > goals in there IEP's and would be willing to share? Thanks

> > > > We are looking to hire Agings to from Nessa Segal's

practice to help us out

> in

> > > writing the IEP. Has anyone had to take that route?

> > > >

> > > > __________________________________________________

> > > >

[Guest guest]

While I agree with what the law states and says the parties must do, getting

them there

and proving need and appropriate services is huge, if not an unsurmountable

feat, for

many parents, as the dostricts argue and wear the families down. THIS has been

documented for years.

> > > > >

> > > > > Hi Becky and (everyone else)

> > > > > I am not thinking I will able to get together on Sat.

> Dylan was crashing into to

> > walls

> > > and

> > > > the couch and broke his collar bone yesterday. Sorry we will

> have to miss out. I am

> > really

> > > > looking forward to meeting you guys.

> > > > > We are having some big problems with getting somethings

> put into his IEP. Does

> > > > anyone in the group have it written specifically how much OT

> and SLP in the IEP? Our

> > > > district is telling us they can not do that. I was also

> wondering if anyone has sensory

> > > diet

> > > > goals in there IEP's and would be willing to share? Thanks

> > > > > We are looking to hire Agings to from Nessa Segal's

> practice to help us out

> > in

> > > > writing the IEP. Has anyone had to take that route?

> > > > >

> > > > > __________________________________________________

> > > > >