Student Handbook
2007-2008
DETERMINATION OF ESY ELIGIBILITY BY THE IEP TEAM:
A central purpose of providing ESY services is to prevent or slow severe skill regression caused by an interruption of special education service(s) during the summer months.
(a) Eligibility for ESY service must be determined on an individual basis by the IEP team. ESY guidelines must not be invoked which have the effect of considering eligibility for ESY services based upon a category of disability.
(b) ESY services(s) must be provided only under the provision of an IEP. The IEP team must specify which long term goals and short term objectives are to be implemented in the ESY program.
(c) The question of the child's need for ESY services may be raised at any time by an IEP team member (including during a regularly scheduled IEP meeting) or may be incorporated into the annual IEP review. For a child whose current IEP provides for ESY services, the question of a continuing need for such services should be included in any subsequent meeting held to review, evaluate and revise the IEP.
DETERMINING ELIGIBILITY FACTORS:
The following factors must be considered by the IEP team in determining eligibility for ESY programming. There may be factors other than those listed, not is it intended that each factor would necessarily have an effect on the planning process for each child's IEP.:
1. Degree of disability
2. Degree of regression suffered
3. Recovery time from this regression
4. Ability of the parents to provide educational structure at home
5. Child's rate of progress
6. Child's behavioral problems
7. Child's physical problems
8. Availability of alternative resources
9. Ability of the child to interact with children who are not disabled
10. Area(s) in curriculum which need continuous attention
11. Child's vocational needs
12. Whether the requested service is extraordinary for the child's disability, as opposed to an integral part of a program for those with the child's disability
13. Other relevant factors as determined by the IEP team
**The Tenth Circuit Court of Appeals has held that the burden of proof in special education disputes rests with party "attacking" the child's IEP. It is not required that all children with disabilities receive ESY services. The key provision is that all children with disabilities, regardless of categorical class, have the opportunity to be considered for possible ESY services as determined to be appropriate by the IEP team in the provision of a free, appropriate public education. ESY disabilities who qualify based upon eligibility standards as incorporated into a local education agency's ESY policies and procedures.
DATA COLLECTION FOR DETERMINING ELIGIBILITY:
The IEP team must determine a child's eligibility for ESY services by collecting and analyzing all pertinent information, including, but not limited to, the child's: disability, educational history and present educational functioning. Such an analysis could necessitate a review of the following:
1. Criterion referenced and standardized tests, including pre-test and post-test data of a student's progress
2. Functional assessments used in natural environments, such as, home, community, work, school
3. Analysis of data collected on a regular basis
4. Evaluations of those areas involving related services
5. Parent, student, and/or service provider information
6. Interviews with teachers and parents on success or potential success of ESY services
7. Applied behavior analysis to directly assess student's performance of IEP objectives across time
ESY ELIGIBILITY CHECKLIST
A checklist may be completed by the IEP team during the annual IEP review or at any time eligibility for ESY services is being considered by the IEP team. Documentation should be considered and attached as appropriate. Contact the high school office for further information at 580-423-7371.