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Hi ,

I know that ESY isn't just for regression, it is for emerging skills, social

etc. There are many issues you can use to strengthen your position. The

districts are supposed to use ESY to meet the needs of the child but in most

areas the summer shedules are preset, a take it or leave situation. Zeb has

been attending a summer camp for 5-6 wks during the summer with related

services. You need to do your homework on your area to find what programs

they offer and go from there.

Charlyne

Mom to Zeb 10 DS/OCD ?

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I would be very interested in knowing also if any of you have been

aware of your child regressing over the summer. regressed

approximately 2 years from March 2000 until his next eval in Sept

2001, but when I asked about extended year services, I was told that

his regression hadn't occurred in the MMSD school district, so he

didn't qualify.

I sort of thought his having lost more than half of his development

might help him qualify, apparently not. :(

Now, of course, I understand that the regression was due to the

emergence of the ASD.

My guess is that there is no study done out there that PROOVES

regression because of the school break. Is there? Does anyone know

of one? I'd love to cite it . . .

Dena

PS. This is my second time on this site -- and somehow my post from

this a.m. showed up right after I sent a replacement this evening

(?!). Anyhow, this is so wonderful! The last DS picnic we went to

this past summer was both wonderful and awful. didn't seem

very much like those kids. One girl his age was particularly verbal

and pretty high functioning. I came home and asked my husband what I

was doing so wrong -- I've certainly been TRYING hard! It is so nice

to feel like we belong!

> Hi All,

>

> I am wondering where everyone is positioned as far as obtaining ESY

> for their child this summer. What types of services are you

> expecting to get, for how long and will it be throughout the entire

> summer or just for a few weeks? We are anticipating this topic at

> our next IEP meeting in a couple of weeks...any input would be

> appreciated. Also I am wondering how you plan to justify summer

> services. Around here we need to prove (this is slightly difficult

> and requires planning) that the child will regress if services are

> not provided.

>

> Thanks and hope everyone is staying warm in the VERY long winter we

> are having (more snow is coming down as I type this:))

>

>

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I would be very interested in knowing also if any of you have been

aware of your child regressing over the summer. regressed

approximately 2 years from March 2000 until his next eval in Sept

2001, but when I asked about extended year services, I was told that

his regression hadn't occurred in the MMSD school district, so he

didn't qualify.

I sort of thought his having lost more than half of his development

might help him qualify, apparently not. :(

Now, of course, I understand that the regression was due to the

emergence of the ASD.

My guess is that there is no study done out there that PROOVES

regression because of the school break. Is there? Does anyone know

of one? I'd love to cite it . . .

Dena

PS. This is my second time on this site -- and somehow my post from

this a.m. showed up right after I sent a replacement this evening

(?!). Anyhow, this is so wonderful! The last DS picnic we went to

this past summer was both wonderful and awful. didn't seem

very much like those kids. One girl his age was particularly verbal

and pretty high functioning. I came home and asked my husband what I

was doing so wrong -- I've certainly been TRYING hard! It is so nice

to feel like we belong!

> Hi All,

>

> I am wondering where everyone is positioned as far as obtaining ESY

> for their child this summer. What types of services are you

> expecting to get, for how long and will it be throughout the entire

> summer or just for a few weeks? We are anticipating this topic at

> our next IEP meeting in a couple of weeks...any input would be

> appreciated. Also I am wondering how you plan to justify summer

> services. Around here we need to prove (this is slightly difficult

> and requires planning) that the child will regress if services are

> not provided.

>

> Thanks and hope everyone is staying warm in the VERY long winter we

> are having (more snow is coming down as I type this:))

>

>

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Hi Charlyne,

I already know that our ESY last year was a 5 week program that was only 3

days a week. The program that they had was wonderful, just not long

enough. My son really really needs something 4-5 days a week and

throughout the summer. Last year's session ended in July and by the first

week in Sept when he returned to school, he HAD regressed. I need some

thoughts on how to convince the school to give me more....there are a

couple of other parents that need more than the 5 weeks too. Thanks so

much for your thoughts and good luck with Zeb...I am thinking about you.

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Hi ,

Seth is entitled to ESY, but we have only used it one summer. I really don't

know if it's better to send him, but for our family, it's better to have him

home. I think this year I will see if he can go twice a week, but they

probably won't allow that. I can understand that the slot could be filled

with a child who needs it and would attend daily, so I won't push for twice a

week. I hope you are able to obtain it.

Gail :-)

<< Hi All,

I am wondering where everyone is positioned as far as obtaining ESY

for their child this summer. What types of services are you

expecting to get, for how long and will it be throughout the entire

summer or just for a few weeks? We are anticipating this topic at

our next IEP meeting in a couple of weeks...any input would be

appreciated. Also I am wondering how you plan to justify summer

services. Around here we need to prove (this is slightly difficult

and requires planning) that the child will regress if services are

not provided.

Thanks and hope everyone is staying warm in the VERY long winter we

are having (more snow is coming down as I type this:))

>>

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In a message dated 3/2/2003 7:51:39 PM Eastern Standard Time, kmh@...

writes:

> What types of services are you

> expecting to get, for how long and will it be throughout the entire

> summer or just for a few weeks? We are anticipating this topic at

> our next IEP meeting in a couple of weeks...any input would be

> appreciated. Also I am wondering how you plan to justify summer

> services. Around here we need to prove (this is slightly difficult

> and requires planning) that the child will regress if services are

> not provided.

>

Hi ,

Maddie gets 8 weeks of ESY, 5 full days a week. Her summer program is

exactly the same as her school year program. But she goes to an approved

private school. ESY in Philly schools is much like where you are; you have

to prove regression...ridiculous!!!

Donna (in Philly where we have a chill factor of 3 degrees)

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Welcome Dena,

Looks like you got a lot of feedback on the ESY and the ASD dx. Here's my two

cents or more. I have always got ESY for both my children when I wanted it.

But, The teachers did not want to do the paperwork so I had to write a letter

of why I thought my children needed it. I know this is not required but I did

it so they would have everything in writing if I had to appeal it. You can

always appeal it!! When they know you are serious about it they will do the

legwork. Social skills are great to work on in ESY because most (some

exceptions) schools do not do a terrific job in this area. (It's not

academic] Again, I did not push for these skills enough and still come up

short now. ESY to me is sort of like babysitting and I know that is not the

goal. If the kids can maintain some of their skills I am happy. Make sure the

goals on your IEP can be used for the ESY. They usually choose two or three

goals to work on. Life skills are good too! One year I made a mistake when

they took some goals away without Rochelle mastering them. The goals would

have benefitted my child in ESY. Some of the related services were difficult

to get because they would not write a new goal. I have also use the arguement

that FAPE (fair and appropriate education) was not delivered in the school

year. (for you the new dx). And ESY can be a summer camp, tutoring, but be

prepared to do your homework.

Ok kinda long, yes the Autism label will give you more services. At least in

my school district. A resource teacher should be added to your IEP team to

cover the autism component. The team has to believe your son has autism if

you are to get the label. We needed a doctors diagnosis to win support. A

neurologist is preferable or developemental pediatrician. Just trying to make

it easier for you. That little piece of paper will do it even if they

disagree. We had to vote and the school psychologist dissented. She was the

only one who did not agree. They also knew we would take it to the next step.

But, I do think the teacher helped us because she really wanted to help

Rochelle. After she voted the rest of the team fell in line. It helped that

she had been teaching for I think 40 yrs. She has seen everything. Good luck.

I have got a IEP tomorrow and have been up since 3 am. It never gets easy but

it is our challenge. This group is great!!

Diane (mom to Rochelle-6 asd/ds/celiac and Danny-9 asd/ld/ocd)

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,

Brook gets ESY and always has. It has never been an issue.

They always include it in his IEP. He gets 4 weeks of full day school just

like the regular school year. It would be great to have a longer session

though, especially since Brook will be attending summer camp right in the

middle of it and loose a week and a half. He also gets his regular OT, ST,

etc, during this time.

Marisa,

Miles 16, Brook 13, Genevieve 5

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  • 5 weeks later...
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This is from current Texas Administrative Code (Commissioner of Education's

Rules).

§89.1065. Extended School Year Services (ESY Services).

Extended school year (ESY) services are defined as individualized instructional

programs beyond the regular school year for eligible students with disabilities.

(1) The need for ESY services must be determined on an individual student basis

by the admission, review, and dismissal (ARD) committee in accordance with 34

Code of Federal Regulations (CFR), §300.309, and the provisions of this section.

In determining the need for and in providing ESY services, a school district may

not:

(A) limit ESY services to particular categories of disability; or

(B) unilaterally limit the type, amount, or duration of ESY services.

(2) The need for ESY services must be documented from formal and/or informal

evaluations provided by the district or the parents. The documentation shall

demonstrate that in one or more critical areas addressed in the current

individualized education program (IEP) objectives, the student has exhibited, or

reasonably may be expected to exhibit, severe or substantial regression that

cannot be recouped within a reasonable period of time. Severe or substantial

regression means that the student has been, or will be, unable to maintain one

or more acquired critical skills in the absence of ESY services.

(3) The reasonable period of time for recoupment of acquired critical skills

shall be determined on the basis of needs identified in each student's IEP. If

the loss of acquired critical skills would be particularly severe or

substantial, or if such loss results, or reasonably may be expected to result,

in immediate physical harm to the student or to others, ESY services may be

justified without consideration of the period of time for recoupment of such

skills. In any case, the period of time for recoupment shall not exceed eight

weeks.

(4) A skill is critical when the loss of that skill results, or is reasonably

expected to result, in any of the following occurrences during the first eight

weeks of the next regular school year:

(A) placement in a more restrictive instructional arrangement;

(B) significant loss of acquired skills necessary for the student to

appropriately progress in the general curriculum;

© significant loss of self-sufficiency in self-help skill areas as evidenced

by an increase in the number of direct service staff and/or amount of time

required to provide special education or related services;

(D) loss of access to community-based independent living skills instruction or

an independent living environment provided by noneducational sources as a result

of regression in skills; or

(E) loss of access to on-the-job training or productive employment as a result

of regression in skills.

(5) If the district does not propose ESY services for discussion at the annual

review of a student's IEP, the parent may request that the ARD committee discuss

ESY services pursuant to 34 CFR, §300.344.

(6) If a student for whom ESY services were considered and rejected loses

critical skills because of the decision not to provide ESY services, and if

those skills are not regained after the reasonable period of time for

recoupment, the ARD committee shall reconsider the current IEP if the student's

loss of critical skills interferes with the implementation of the student's IEP.

(7) For students enrolling in a district during the school year, information

obtained from the prior school district as well as information collected during

the current year may be used to determine the need for ESY services.

(8) The provision of ESY services is limited to the educational needs of the

student and shall not supplant or limit the responsibility of other public

agencies to continue to provide care and treatment services pursuant to policy

or practice, even when those services are similar to, or the same as, the

services addressed in the student's IEP. No student shall be denied ESY services

because the student receives care and treatment services under the auspices of

other agencies.

(9) Districts are not eligible for reimbursement for ESY services provided to

students for reasons other than those set forth in this section.

Source: The provisions of this §89.1065 adopted to be effective September 1,

1996, 21 TexReg 7240; amended to be effective March 6, 2001, 26 TexReg 1837.

http://www.ideapractices.org/law/regulations/searchregs/300subpartC/Csec300.309.\

php -- you might also want to read the comments section of the federal law --

Another comment stated that " regression/recoupment " is a minimum standard that

should be used in determining a child's eligibility for ESY services. Other

commenters indicated that regression/recoupment is too narrow a standard, and

recommended adding to the regulations additional criteria that courts have used

to determine eligibility (e.g., whether the child has emerging skills, the

nature or severity of the disability, and special circumstances, such as

prolonged absence or other serious blocks to learning progress, which in the

view of the IEP team could be addressed by ESY services).

One comment requested that a note be added to clarify that the process for

determining the length of a preschool child's school year must be individualized

and described in the child's IEP/IFSP, and added that the decision is not

necessarily based on school-aged ESY practices or formulas, which may be

inappropriate for younger children, and that if a child turns three during the

summer, the child should receive ESY services if specified in the IEP or IFSP.

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This is from current Texas Administrative Code (Commissioner of Education's

Rules).

§89.1065. Extended School Year Services (ESY Services).

Extended school year (ESY) services are defined as individualized instructional

programs beyond the regular school year for eligible students with disabilities.

(1) The need for ESY services must be determined on an individual student basis

by the admission, review, and dismissal (ARD) committee in accordance with 34

Code of Federal Regulations (CFR), §300.309, and the provisions of this section.

In determining the need for and in providing ESY services, a school district may

not:

(A) limit ESY services to particular categories of disability; or

(B) unilaterally limit the type, amount, or duration of ESY services.

(2) The need for ESY services must be documented from formal and/or informal

evaluations provided by the district or the parents. The documentation shall

demonstrate that in one or more critical areas addressed in the current

individualized education program (IEP) objectives, the student has exhibited, or

reasonably may be expected to exhibit, severe or substantial regression that

cannot be recouped within a reasonable period of time. Severe or substantial

regression means that the student has been, or will be, unable to maintain one

or more acquired critical skills in the absence of ESY services.

(3) The reasonable period of time for recoupment of acquired critical skills

shall be determined on the basis of needs identified in each student's IEP. If

the loss of acquired critical skills would be particularly severe or

substantial, or if such loss results, or reasonably may be expected to result,

in immediate physical harm to the student or to others, ESY services may be

justified without consideration of the period of time for recoupment of such

skills. In any case, the period of time for recoupment shall not exceed eight

weeks.

(4) A skill is critical when the loss of that skill results, or is reasonably

expected to result, in any of the following occurrences during the first eight

weeks of the next regular school year:

(A) placement in a more restrictive instructional arrangement;

(B) significant loss of acquired skills necessary for the student to

appropriately progress in the general curriculum;

© significant loss of self-sufficiency in self-help skill areas as evidenced

by an increase in the number of direct service staff and/or amount of time

required to provide special education or related services;

(D) loss of access to community-based independent living skills instruction or

an independent living environment provided by noneducational sources as a result

of regression in skills; or

(E) loss of access to on-the-job training or productive employment as a result

of regression in skills.

(5) If the district does not propose ESY services for discussion at the annual

review of a student's IEP, the parent may request that the ARD committee discuss

ESY services pursuant to 34 CFR, §300.344.

(6) If a student for whom ESY services were considered and rejected loses

critical skills because of the decision not to provide ESY services, and if

those skills are not regained after the reasonable period of time for

recoupment, the ARD committee shall reconsider the current IEP if the student's

loss of critical skills interferes with the implementation of the student's IEP.

(7) For students enrolling in a district during the school year, information

obtained from the prior school district as well as information collected during

the current year may be used to determine the need for ESY services.

(8) The provision of ESY services is limited to the educational needs of the

student and shall not supplant or limit the responsibility of other public

agencies to continue to provide care and treatment services pursuant to policy

or practice, even when those services are similar to, or the same as, the

services addressed in the student's IEP. No student shall be denied ESY services

because the student receives care and treatment services under the auspices of

other agencies.

(9) Districts are not eligible for reimbursement for ESY services provided to

students for reasons other than those set forth in this section.

Source: The provisions of this §89.1065 adopted to be effective September 1,

1996, 21 TexReg 7240; amended to be effective March 6, 2001, 26 TexReg 1837.

http://www.ideapractices.org/law/regulations/searchregs/300subpartC/Csec300.309.\

php -- you might also want to read the comments section of the federal law --

Another comment stated that " regression/recoupment " is a minimum standard that

should be used in determining a child's eligibility for ESY services. Other

commenters indicated that regression/recoupment is too narrow a standard, and

recommended adding to the regulations additional criteria that courts have used

to determine eligibility (e.g., whether the child has emerging skills, the

nature or severity of the disability, and special circumstances, such as

prolonged absence or other serious blocks to learning progress, which in the

view of the IEP team could be addressed by ESY services).

One comment requested that a note be added to clarify that the process for

determining the length of a preschool child's school year must be individualized

and described in the child's IEP/IFSP, and added that the decision is not

necessarily based on school-aged ESY practices or formulas, which may be

inappropriate for younger children, and that if a child turns three during the

summer, the child should receive ESY services if specified in the IEP or IFSP.

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  • 6 years later...
Guest guest

Hi all,

is finally on the bus and gone.

The house is VERY quiet.

School started at 8:15, bus was supposed to be here at 8:06, (yes school is only

a couple of miles away), calling transportation only got the message that I had

reached them and their hours were 7AM - 4PM, I know this, I think to myself,

after-all IT'S AFTER 8AM.

Bus finally got here as I was dressing to take him to school. We could have some

problems here. He is supposed to be door to door, which means stop in front of

the house not across the street. They were across the street. I counted at least

6 heads on the bus, according to the IEP 3 at most.

I think I will get my ducks in a row (if I can find them in one of ALL these

boxes still all over the place from the move) and speak so " nicely " to them, but

first I am going to relax with a nice cup of coffee and a smoke on the porch,

while I watch the rain continue to fall.

So much fun.

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