Guest guest Posted August 21, 2008 Report Share Posted August 21, 2008 Here is the Texas State law with respect to ESY - (the federal law is broader and encompasses this, so a working knowledge of this statute is more useful and more typically applied by school districts) I highlighted some of the important wording that districts typically forget to cite to parents or discuss. Instead, what usually happens is that children are held to a proven " regression only " standard and this is simply an erroneous legal standard as the state statute is clear that ARD committees may consider whether the child is " reasonably expected to exhibit severe or substantial regression.., " but this wording is often ignored by ARD committees. When my child first entered PPCD his Autism Evaluation Team recommended ESY based on a reasonable expectation that without consistent intervention he would likely regress - Our special ed director unilaterally removed it and we had been fighting it ever since. This year, however, we finally won and got the district to acknowledge the correct and full legal standards to be applied and we were offered ESY without proving regression....so you have to be persistent oftentimes. ESY does not only refer to summers - it can be, and should be, used to create an extended school day so that children are able to receive the intensity of educational instruction they need in the context of a classroom without loosing too much time being pulled out for related services, the related services can be provided after typical school hours. This, however, assumes that related services are provided but in Texas, to get related services with enough time and intensity is like winning the lottery - virtually unheard of:( I do not know about your PPCD program - but ours was only 2.5 hours - certainly not enough to meet the guidelines recommended by the NIH or the Surgeon General - 40 hrs of intensive, extensive intervention, I would use this to try to get more time if this is your district's situation as well. Best of luck Texas Administrative Code (TAC) Title 19, Chapter 89. Adaptations for Special Populations, Subchapter AA: Commissioner's Rules Concerning Special Education Services §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 ( 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; ( 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 Extended Day Services Does anybody know the ruling on " Extended Day Services " for pre-school children with autism? My daughter only mastered 18 out of 46 goals on her IEP from this last year. The psychologists who diagnosed her feels she would benefit greatly with minimum of 25 intense structure per week and preferred method of ABA. Somebody please help! ! ! 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Guest guest Posted August 21, 2008 Report Share Posted August 21, 2008 46 goals for a preschooler? My son had 15 and met 13 of them, we just had our 3rd ARD in 10 months (intake, ESY, and add new goals for the rest of this year, which runs thru the end of October) With so many goals, how do you work on them all? Our son has really blossomed in his 3 hour PPCD. I would rather have fewer goals worked on and mastered than so many not met due to lack of instruction/modeling, and reinforcing. How does a teacher have time to measure her progress on so many goals, and her classmates' goals as well?? We knew what was on his goal list, what was being targeted so we could reinforce at home as well. I would look at the goals, decide on what is most important NOW (ones that can be used as a foundation for building later goals off of) and start there. For example, my son learned how to stay with the group during the 5 minute circle time, and worked on " first/then " for his work time (first work, then reward) now he will be working on waiting his turn to participate in the circle/group activity--you can't work on waiting his turn if he isn't even over with them in circle, and they can also use the " first/then " as well, " first Susie's turn, then Jeff's turn, then 's turn " If your district is like ours, there are probably 2 PPCD sessions, so you may be able to get her into both, but someone (read: you, someone you hire) would probably need to be with her in between sessions--that is the teacher's lunch and prep times--my son's classroom changes dramatically physically during that time to meet the kids in each session. Bonnie, mom to 3.75 yrs, Autism, Albinism On Thu, Aug 21, 2008 at 11:25 PM, Mara LaViola wrote: > Here is the Texas State law with respect to ESY - (the federal law is > broader and encompasses this, so a working knowledge of this statute is more > useful and more typically applied by school districts) I highlighted some of > the important wording that districts typically forget to cite to parents or > discuss. Instead, what usually happens is that children are held to a proven > " regression only " standard and this is simply an erroneous legal standard as > the state statute is clear that ARD committees may consider whether the > child is " reasonably expected to exhibit severe or substantial > regression.., " but this wording is often ignored by ARD committees. When my > child first entered PPCD his Autism Evaluation Team recommended ESY based on > a reasonable expectation that without consistent intervention he would > likely regress - Our special ed director unilaterally removed it and we had > been fighting it ever since. This year, however, we finally won and got > the district to acknowledge the correct and full legal standards to be > applied and we were offered ESY without proving regression....so you have to > be persistent oftentimes. > ESY does not only refer to summers - it can be, and should be, used to > create an extended school day so that children are able to receive the > intensity of educational instruction they need in the context of a classroom > without loosing too much time being pulled out for related services, the > related services can be provided after typical school hours. This, however, > assumes that related services are provided but in Texas, to get related > services with enough time and intensity is like winning the lottery - > virtually unheard of:( > I do not know about your PPCD program - but ours was only 2.5 hours - > certainly not enough to meet the guidelines recommended by the NIH or the > Surgeon General - 40 hrs of intensive, extensive intervention, I would use > this to try to get more time if this is your district's situation as well. > Best of luck > Texas Administrative Code (TAC) Title 19, Chapter 89. Adaptations for > Special Populations, > Subchapter AA: Commissioner's Rules Concerning Special Education Services > §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 > ( 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; > ( 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 > > > Extended Day Services > > Does anybody know the ruling on " Extended Day Services " for pre-school > children with autism? My daughter only mastered 18 out of 46 goals on > her IEP from this last year. The psychologists who diagnosed her feels > she would benefit greatly with minimum of 25 intense structure per week > and preferred method of ABA. > > Somebody please help! ! ! > > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted August 22, 2008 Report Share Posted August 22, 2008 Depending on the level of the child, 46 goals may have been too little. Good job getting such a thorough IEP for your child - Extended Day Services > > Does anybody know the ruling on " Extended Day Services " for pre-school > children with autism? My daughter only mastered 18 out of 46 goals on > her IEP from this last year. The psychologists who diagnosed her feels > she would benefit greatly with minimum of 25 intense structure per week > and preferred method of ABA. > > Somebody please help! ! ! > > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted August 22, 2008 Report Share Posted August 22, 2008 My nearly 4 year old legally blind, autistic, hyperlexic, leg and foot brace wearing, cane-using, extremely poor fine motor/pre-writing, severe oral aversion, just learned to eat solid food, newly discovered submucous cleft palate.....child has well over 46 goals needed for a year. We write the most critical foundation ones first so all team members are able to follow it and reinforce it, THEN as mastered we replace them with the next steps, rather than write them all in at once. You can have more than one ARD/IEP a year. It also keeps his 13 member team up to date with met/unmet goals in other areas they are not focusing on. (yes, we have 16 people at the ARDs--13 from the school, 2 parents and division for blind services case worker) The IEP is legally binding too--we get a report every 6 weeks on the progress he is making as well as a check box as to whether the current rate of progress is sufficient to meet the goals in the IEP year, and next to the " not sufficient " box is a note stating that a ARD is being called to address the goals, again this is every six weeks--not once or twice a year. I am understanding (from what the original poster wrote) that her child had 46 goals written the beginning of the year and now finding out at the end of the year most were not met. I would think it looks rather poorly on the district to have an impressive 46+ goal IEP written and poor completion/follow thru--18 met of 46 is less than 40% success. Goals are great, but they need to be realistic and attainable and measurable in the specified time frame (IEP year). My son blew away 8 of his goals the first 6 weeks when he was finally in a proper setting to teach/reinforce--then leveled out and since they knew him better then, he made consistant steady progress, and his teachers/therapists naturally went to the next logical goals in those without either side calling for a new IEP. We just had a team meeting including parents, his private therapists, and school vision, OT, teacher and even speech to try to trouble shoot and come up with ideas/goals on how to get his fine motor challenges addressed and we had those goals placed in his IEP at his ARD yesterday. Bonnie, mom to 3.75 yrs, Autism, Albinism On Fri, Aug 22, 2008 at 7:36 AM, Dr. Graham-Garza < lgrahamgarza@...> wrote: > Depending on the level of the child, 46 goals may have been too little. > Good job getting such a thorough IEP for your child - > > Extended Day Services > > > > Does anybody know the ruling on " Extended Day Services " for pre-school > > children with autism? My daughter only mastered 18 out of 46 goals on > > her IEP from this last year. The psychologists who diagnosed her feels > > she would benefit greatly with minimum of 25 intense structure per week > > and preferred method of ABA. > > > > Somebody please help! ! ! > > > > > > > > Quote Link to comment Share on other sites More sharing options...
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