Re: EYS Question

[Guest guest]

I'm sure Ronnie will have the details on the length of EYS. I wanted to

warn you to check on your child often at EYS. Ask for the resumes or

qualifications of the teachers. Make sure they are following the IEP and

not simply babysitting the kids. I had issues one year ranging from

extensive recess, lack of supervision and verbal abuse. And those were

just the things I heard about. The next summer when EYS came up again

the new principal told me he would personally watch the class. I

declined but another parent called me to tell me she was worried about

her son's refusal to go to school so she popped in on this class and a

child attacked her and her son was crying under a table. There might be

some different alternatives to summer school (in home training?) that

might be better. I know that the Y was looking at some kind of camp type

things for a few of the kids with an aide. RRISD was open to this idea a

year ago but dragged their feet and I gave up and went to private

school. RRISD also told me that they did not have summer school for more

than 6 weeks for any child. I'm sure that this is not correct if your

IEP states that he regresses if more than a week passes. Oh, and yes I

did file a letter of complaint with Cardiff at RRISD but at the

next EYS ARD no one had any knowledge of it they even wanted to give us

the same teacher. Yikes! Good luck this summer. Trina Sherman

EYS Question

Hi! My name is and I am usually a lurker , but now I have a

question. (BTW You guys are wonderful!!!) Here's my question. I just

got off the phone with Special Sevices & found out when EYS is

scheduled. Our school's last day is May 30. EYS begins June 10-July

3rd. The hours are Monday-Friday 8-11. School begins August the 16th.

They will have 6 weeks offs. Is this legal? My son regresses after a

week off at spring break. I was under the understanding that autistic

kiddos were only supposed to have a week break max. Could someone

clairify the " rules " of EYS for me?

Thanks!

[Guest guest]

Please see attached:

Note: The following has been taken from the TASB (Texas Association for

School Boards) webs site and can be accessed at:

http://www.tasb.org

The District shall ensure that extended school-year services are available

as necessary to provide a student with a disability with a free appropriate

public education.

The need for extended school year (ESY) services must be determined on an

individual student basis by the ARD committee. In determining the need for

and in providing ESY services, the District may not limit ESY services to

particular categories of disability or unilaterally limit the type, amount,

or duration of ESY services. 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 IEP objectives, the student has exhibited or

may reasonably 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 because of the absence of ESY

services.

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. If a student for whom ESY services was 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.

20 U.S.C. 1412(a)(1), 1413(a); 34 CFR 300.309; 19 TAC 89.1065

EYS Question

Hi! My name is and I am usually a lurker , but now I have a question.

(BTW You guys are wonderful!!!) Here's my question. I just got off the phone

with Special Sevices & found out when EYS is scheduled. Our school's last

day is May 30. EYS begins June 10-July 3rd. The hours are Monday-Friday

8-11. School begins August the 16th. They will have 6 weeks offs. Is this

legal? My son regresses after a week off at spring break. I was under the

understanding that autistic kiddos were only supposed to have a week break

max. Could someone clairify the " rules " of EYS for me?

Thanks!

[Guest guest]

Hi -

Like you, I am a lurker, and new to this wonderful list. In our school

district the EYS is held during the same time period as yours. Maybe

someone within the special education department can help locate a day

camp/classroom setting for your son. It never hurts to ask.

>

>Reply-To: Texas-Autism-Advocacy

>To: <Texas-Autism-Advocacy >

>Subject: EYS Question

>Date: Mon, 4 Mar 2002 10:36:14 -0600

>

>Hi! My name is and I am usually a lurker , but now I have a

>question. (BTW You guys are wonderful!!!) Here's my question. I just got

>off the phone with Special Sevices & found out when EYS is scheduled. Our

>school's last day is May 30. EYS begins June 10-July 3rd. The hours are

>Monday-Friday 8-11. School begins August the 16th. They will have 6 weeks

>offs. Is this legal? My son regresses after a week off at spring break.

>I was under the understanding that autistic kiddos were only supposed to

>have a week break max. Could someone clairify the " rules " of EYS for me?

>Thanks!

>

>

>

>

[Guest guest]

--

In my experience with TX sd's, they provide ONLY enough to get by with what's

mandated by law!!! Now, if you can prove that your child needs more than what

they are offering, that you have documentation that your son regresses after 1

week off from school -- you can request more than EYS services -- this is

especially true under the Autism label.

There is nothing specific in state law about specified time. I will look it up

in the Fed Regs, but I don't believe that they have anything specified, either.

Here are the state regs for Texas on EYS.

Barbara

The following came from this page:

http://www.tea.state.tx.us/rules/tac/chapter089/ch089aa.html#division2

§89.1055. Content of the Individualized Education Program (IEP).

(a) The individualized education program (IEP) developed by the admission,

review, and dismissal (ARD) committee for each student with a disability shall

comply with the requirements of 34 Code of Federal Regulations (CFR), §300.346

and §300.347, and Part 300, Appendix A.

( The IEP must include a statement of any individual allowable accommodations

in the administration of assessment instruments developed in accordance with

Texas Education Code (TEC), §39.023(a)-©, or district-wide assessments of

student achievement that are needed in order for the student to participate in

the assessment. If the ARD committee determines that the student will not

participate in a particular state- or district-wide assessment of student

achievement (or part of an assessment), the IEP must include a statement of:

(1) why that assessment is not appropriate for the child; and

(2) how the child will be assessed using a locally developed alternate

assessment.

© If the ARD committee determines that the student is in need of extended

school year (ESY) services, as described in §89.1065 of this title (relating to

Extended School Year Services (ESY Services)), then the IEP must also include

goals and objectives for ESY services from the student's current IEP.

(d) For students with visual impairments, from birth through 21 years of age,

the IEP or individualized family services plan (IFSP) shall also meet the

requirements of TEC, §30.002(e).

(e) For students with autism/pervasive developmental disorders, information

about the following shall be considered and, when needed, addressed in the IEP:

(1) extended educational programming;

(2) daily schedules reflecting minimal unstructured time;

(3) in-home training or viable alternatives;

(4) prioritized behavioral objectives;

(5) prevocational and vocational needs of students 12 years of age or older;

(6) parent training; and

(7) suitable staff-to-students ratio.

(f) If the ARD committee determines that services are not needed in one or more

of the areas specified in subsection (e)(1)-(7) of this section, the IEP must

include a statement to that effect and the basis upon which the determination

was made.

Source: The provisions of this §89.1055 adopted to be effective September 1,

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

§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 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.

[Guest guest]

--

I found a link to the Federal Regs for EYS along with a commentary (kind of

explains what the law is supposed to mean).

http://www.ideapractices.org/searchregs/300subpartC/Csec300.309.htm

You could fight this -- the school does need to look at the unique, individual

needs of each child and provide appropriate programming for THAT CHILD!!! You

just need to make sure that your have the proper documentation!!! If not, get

it this coming year for next year!! But, according to the law, the districts

cannot unilaterally limit the type, amount, or duration of those services. But,

they WILL TRY!!! Might need an advocate on this one, and some experts!!!

Barbara

[Guest guest]

EYS is supposed to be individualized but I have never seen it so in Texas. It

seems that schools come up with it individualizrd for their school not the

child. You actually can fight them on it and see how far you can go. Get the

rest of EYS in camps, home programming, etc.

in Austin

EYS Question

Hi! My name is and I am usually a lurker , but now I have a question.

(BTW You guys are wonderful!!!) Here's my question. I just got off the phone

with Special Sevices & found out when EYS is scheduled. Our school's last day is

May 30. EYS begins June 10-July 3rd. The hours are Monday-Friday 8-11.

School begins August the 16th. They will have 6 weeks offs. Is this legal?

My son regresses after a week off at spring break. I was under the

understanding that autistic kiddos were only supposed to have a week break max.

Could someone clairify the " rules " of EYS for me?

Thanks!

[Guest guest]

I know that Extended Year Services stress out a lot of people -even

the teachers. For parents that work outside the home, this can

create mayhem. I have been contemplating choices for this summer. I

am thinking about not doing summer school because of the stress it

may put on my son - new school, new teacher, new speech therapist -

and of course no one knows about him - how to get the most out of

him, how to re-direct, etc...

I would agree with requesting more home-training hours or ANY home-

training hours when there is not any formal summer school going on-

like during the breaks. You can use thoses home-training hours to

have the trainer shadow your child at a summer camp (not the send-

away kind) or different vocational bible schools, mini summer camps

at pre-schools, private school, religious based schools or at the Y,

a mother's day out programs that meets a couple of times a week for

pre-school kids, theraputic horseback riding, or having them come

into your home and work on a similar schedule and curriculum.

Sometimes the teachers can also be home trainers (if you like yours)

so that they can be paid to do " home-training " in your home with

things similar to your child's regular school environment.

I know these are not the best options and maybe someone else has more

to add. I think this is something many of us struggle with -

including those parents working outside the home (who hopefully will

have a great " after-summer school " childcare).

Theresa

[Guest guest]

Case law supports parental anecdotal information as acceptable

documentation. Also, be sure to see the schools documentation. And, if the

child was not in school long enough for there to have been a break in

services in which to look for possible regression, then ask them to prove

the child will not regress over such a long break w/ such limited

services....which they cannot. Also, if you augment your child's education

then be sure to bring that up because w/o what you are doing, again ask them

to prove the child will not regress.

Ronnie

Re: EYS Question

--

I found a link to the Federal Regs for EYS along with a commentary (kind of

explains what the law is supposed to mean).

http://www.ideapractices.org/searchregs/300subpartC/Csec300.309.htm

You could fight this -- the school does need to look at the unique,

individual needs of each child and provide appropriate programming for THAT

CHILD!!! You just need to make sure that your have the proper

documentation!!! If not, get it this coming year for next year!! But,

according to the law, the districts cannot unilaterally limit the type,

amount, or duration of those services. But, they WILL TRY!!! Might need an

advocate on this one, and some experts!!!

Barbara