ESY question

[justinsmom]

Ok Justin has been denied ESY on several occasions because he retains everything but my question is can I request ESY based on behavioral problems, such as if he misses even a week of school it takes him awhile to get back into the groove, so I was thinking if he was to go thru ESY maybe it would help him learn on how to behave in class, I hope this is making sense . He has missed alot of school but he usually does starting in Nov. until April because of URI and stuff like that. His IEP and 3 yr eval are scheduled for May 11th so hopefully I can find something out before then. Thanks everyone in advance

[momofrussell]

Well, from the workshop I went to.. I'd say YES. Most districts tell you the "recoupment/regression" stuff... when determining ESY... and make it sound like this is the ONLY reason a child qualifies... and it's NOT true.... there are LOTS of other reasons a child can qualify... although most districts will tell you otherwise. ESY is based on a child's unique needs and it's NOT just because of recoupment/regression. Now.. I will post here what comes off our state's (MO) stuff on ESY but this is federal stuff they talk about.. maybe this will help you. Then maybe you can find the same in MI's dept of ed site and stuff there.... this is what they say needs to be considered for an ESY program, ect....

Nature of the child's disability;
The severity of the disability;
The areas of learning crucial to the child's attainment of self- sufficiency and independence;
Child's progress, behavioral and physical needs;
Opportunities to practice skills outside the formal classroom setting
(the more functional the skill, the more opportunities the child has to practice it);
Availability of alternative resources;
Areas of child's curriculum which need continuous attention;
Child's vocational needs;
Ability of child's parents to provide educational structure at home; and
Opportunity for the child to interact with non-disabled children.

Regression/recoupment rate is recognized across the nation as the standard in determining whether or not to provide ESY. However, districts must not limit their policies to documented regression/recoupment. Instead, the case law indicates a need for the policy to allow for an extended school year based on the prediction of regression/recoupment problems and must always keep in mind that the decision whether to provide ESY for each student eligible for special education is a decision which should be made based on the unique characteristics of the individual student. Prediction of regression/recoupment problems is a decision the IEP team might make based on evaluation information, evaluator opinion, and/or looking to the numerous factors, referenced above, from various court cases.

************

Jackie.. what I would do.. is request in writing, to your team, the need for ESY due to behavioral stuff.... make a good case for it.. and go from there. That doesn't mean they might not deny it and you might have to go through Due Process even.... but according to the workshop we went to... regression/recoupment is not the ONLY reason ever... districts just WANT you to think that!

How much you willing to fight? LOL

A.

[justinsmom]

Thanks A. I tried looking for this here I remember you posted something regarding ESY but when I did the search I couldn't find it. And LOL on how much am I willing to fight, for us parents isn't that an automatic given lol.....thanks again A.

[momofrussell]

You are welcome. I think it sucks things like this some of us DO have to fight for. ESY has ALWAYS been on Russell's IEP's since day one, age 3.... no matter what state we lived in over the years... what district... he has always had ESY no questions asked... I never had to mention it in and IEP nor beg for it or rely on some burden of proof.....Now.. on one hand.. I am thrilled for Russell.. but come on...even though Russell "qualifies" and is very delayed.. I KNOW he is not the ONLY child entitled to it.. and it pisses me OFF that most kids don't get it... or they play the 'regression/recoupment" card and expect the wait and see game to fly. It's just not acceptable.

You know... they have these federal laws.. then I suppose there were alot of grey areas so states and districts applied the law how they interpreted it. Then said "THIS IS HOW WE DO IT HERE" and most parents say OK.. or are to spent to fight... so.. there are probably very few that do. I would assume that if more fought over the years... to truly go back and re-interpret the IDEA laws.... this wouldn't keep happening? (*inserts silly laugh*) I doubt it!!! LOL

A.

[CC]

A~ is 100% correct when she said "ESY is based on a child's unique needs and it's NOT just because of recoupment/regression"

Our district pulled the same BS Jackie and would not put ESY in Christopher's IEP and gave us the exact reason why he didn't need it. Funny well actually sad if you ask me, I get an advocate for other reasons, she just mentions that Chris should have ESY in his IEP and part of his program and BAM we got it.
I was happy BUT really how crazy but you have to know our districts they are truly scared of advocates, and stop most the BS when you have one involved, reason I don't leave home without one when it comes to school issues LOLOL

BEST of Luck

CC

[momofrussell]

ANOTHER thing I learned.... which is in the copied piece up above... is that most, if not all districts (ours included) will also say "ESY is X amount of days and hours" and that is that... well, TECHNICALLY THAT is kinda illegal too. But most don't ever fight or question it. Because it's based on a child's unique needs... they acutally have to give your child what is appropriate for YOUR child..NOT what the district has scheduled for that summer for a program. Basically ESY is a "on program fits all" program for the most part.. and that kinda stomps the "indivualized and based on unique needs" part of it dontcha think!?

After this past workshop... a friend of mine that went with me, addressed her district with the new found info and they looked at her like she had 3 heads LMAO! Special School District will NOT provide anymore services... it's what their program is period. And again... no one ever fights it! Even I don't.... But in reality.... it's really not the way it's suppose to be... but it's been done this way for so long and all over the USA....

A.

[justinsmom]

Thanks A. and CC, Justin is not in his home district we pulled him out because of the way things were done there so he is in a neighboring district so I know we are going to get a little messy here with them saying he has to go to his home district for that even though they have it also grrrrrrrrr I'm still trying to find something as far as our involved districts concerning this but haven't came up with anything yet. I know ESY would be a GREAT benefit for him just with his behaviors alone, so now I'm in the process of writing up MY copy of his IEP and trying to list the why's other than the regression aspect. Last but not least I have my trusty copy of IDEA sitting right along side me with my little BRIGHT colored stickies hanging out of the folder LOL.