Now is the time to consider ESY determinations-before the Winter Break. We will address what is ESY, how to make determinations, and the steps to consider over the next ew weeks. 

What is ESY?

• Pursuant to 34 CFR 300.106 (a):
  1. Each public agency must ensure that extended school year services are available as necessary to provide FAPE, consistent with paragraph (a)(2) of this section.
  2. Extended school year  services must be provided only if a child’s IEP Team determines, on an individual basis, in accordance with 34 CFR 300.320 through 34 CFR 300.324 , that the services are necessary for the provision of FAPE to the child.
  3. In implementing the requirements of this section, a public agency may not —
     • Limit extended school year services to particular categories of disability; or
     • Unilaterally limit the type, amount, or duration of those services.
• Pursuant to 34 CFR 300.106 (b), the term “extended school year services” means special education and related services that —
• Are provided to a child with a disability–

• Beyond the normal school year of the public agency;
• In accordance with the child’s IEP; and
• At no cost to the parents of the child; and
• Meet the standards of the state educational agency.
• A student’s IEP team determines, on an individual basis, whether ESY services are necessary for the provision of FAPE. 34 CFR 300.106 (a)(2).

STANDARDS FOR DETERMINING NEED FOR  ESY  SERVICES

Courts have delineated various standards that school districts should utilize to assess whether a student requires Extended School Year (ESY) services. ESY services are special education and related services provided to students with disabilities beyond the normal school year, aiming to prevent significant learning loss.

One of the primary methods employed in this evaluation is the regression-recoupment analysis. This approach involves assessing whether a student would regress, or lose critical skills, during a break in instruction (like summer vacation) and whether they would struggle to recoup those skills once instruction resumes. The underlying principle is to ensure that breaks in schooling do not disproportionately disadvantage students with disabilities.

A landmark case that illustrates this principle is Cordrey v. Euckert, decided in the Sixth Circuit in 1990. This case, which reached the Court of Appeals, set important precedents for how ESY eligibility is determined. Although the U.S. Supreme Court denied certiorari in 1991, the case remains a significant reference point in special education law.

In Cordrey v. Euckert, the Court emphasized the need for individualized determinations of ESY eligibility based on each student’s unique needs and the potential for regression and delayed recoupment. The decision in this case reflects a broader commitment to ensuring that students with disabilities receive a free and appropriate public education, as mandated by the Individuals with Disabilities Education Act (IDEA).

The implications of this and similar rulings are substantial. School districts must carefully evaluate each student’s potential for regression and recoupment, considering factors like the nature and severity of the disability, the student’s rate of progress, the student’s behavioral and physical needs, and the availability of alternative resources. This ensures a more equitable and effective education system for students with disabilities, providing them with the necessary support to achieve their full academic potential.

Steps to Take Before the Winter Break

Taking data for Extended School Year (ESY) determinations before a long winter break is VITAL aspect of assessing the need for ESY services for students with disabilities. This process involves several key steps and considerations:

1. Purpose of Data Collection

Identifying Regression and Recoupment Risks: The primary objective is to determine if a student is likely to regress, or lose critical skills, during the winter break and if they will have difficulty recouping these skills when school resumes.

Individualized Assessment: Each student’s needs and abilities are unique, and data collection helps in making individualized determinations.

2. Types of Data to Collect

Academic Performance: Assessments of the student’s current level in core academic areas.

Behavioral Data: Observations and records of the student’s behavior, which may impact their learning.

Skill Retention: Information on how the student has previously managed breaks in the school year.

Progress Trends: Data showing the student’s rate of progress and achievement over the current school year.

3. Methods of Data Collection

Standardized Tests: Administering tests that measure the student’s current performance levels.

Observations: Teachers and specialists observing and recording the student’s performance and behavior.

Review of Records: Analyzing past academic records, IEP (Individualized Education Program) goals, and progress reports.

4. Timing

Before the Break: Collecting data before the winter break provides a baseline to compare against post-break performance.

Consistency: It’s important to maintain consistency in data collection methods and timing for accurate comparisons.

5. Post-Break Assessment

Reassessment: Upon return, students are reassessed to evaluate any regression in skills or knowledge.

Comparison with Baseline: The post-break data is compared to the pre-break data to assess the level of regression and the rate of recoupment.

6. Considerations for Decision Making

Individual Needs: The decision for ESY is based on each student’s specific needs, not just on general policies or benchmarks.

Collaboration: Involving parents, teachers, and specialists in interpreting the data and making decisions.

7. Best Practices

Accuracy and Objectivity: Ensure the data collected is accurate and objectively reflects the student’s abilities.

Comprehensive Approach: Using a variety of data sources for a well-rounded understanding of the student’s needs.

This thorough and proactive approach in collecting data before the winter break is crucial in making informed decisions about the necessity of ESY services for each student, ensuring continuity and effectiveness in their education.