ESY 2019 Extended School Year for Students with

ESY 2019 Extended School Year for Students with Disabilities Guidelines for Individual Education Plan (IEP) Committees The School Board of Broward County, Florida 1

The School Board of Broward County, Florida NORA RUPERT Chair HEATHER BRINKWORTH Vice Chair ROBIN BARTLEMAN ABBY FREIDMAN PATRICIA GOOD DONNA P. KORN ANN MURRAY DR. ROSALIND OSGOOD LAURIE RICH LEVINSON ROBERT W. RUNCIE Superintendent of Schools

Guidelines for Extended School Year (ESY) The following information was developed to provide individual educational plan (IEP) committees with guidelines for determining the extended school year needs of each student with a disability. The IEP committee determines whether or not there is the likelihood that critical life skills learned by the student during the current school year will be significantly jeopardized (e.g., substantial or significant regression will occur) without ESY services. ESY services are determined annually at the annual IEP review for each student or through an interim IEP review in the late winter/early spring. Definition of ESY ESY refers to special education and related services beyond the normal calendar year for students with disabilities. ESY is a set of activities designed to assure maintenance of previously learned skills that would be significantly jeopardized if the student did not receive ESY services. Looking at regression and recoupment over a break in education, (e.g., winter break, spring break, or summer break) would be appropriate. Parent and teacher reports are integral to accurately assess a student’s need for ESY. They are necessary in order to form a complete picture of the student’s level of functioning and to supply information such as regression and recoupment history, current instructional strategies, maintenance strategies, and recent academic, motoric, behavioral, and medical status. Legal Requirement ESY services may be provided as a part of the plan to provide a Free and Appropriate Public Education (FAPE) as defined in PL 105-17, Individuals with Disabilities Education Act (IDEA) Amendments. The amendments to the IDEA give educators responsibility for development and delivery of FAPE to students with disabilities. IDEA defines FAPE as special education and related services that are provided at public expense and are provided in accordance with an IEP. Determination of ESY cannot be based on a formula. Formulas lack the individualization to ensure that students with disabilities have appropriate educational planning to accommodate their unique needs. The most objective method for determining ESY services is direct, ongoing assessment of IEP goals as they relate to the regression and length of recoupment a student experiences. A central issue in FAPE is the IEP team’s determination of what services are appropriate. The IEP team examines a student’s present level of development or skill acquisition, as well as his or her ability to progress beyond that level if provided with an appropriate program. If that program is reasonably calculated to enable the student to receive educational benefits, then the student has received an appropriate education because he or she has benefited from schooling. An essential component of a student’s goals and objectives is the method to measure progress. Information can be gathered through a variety of formal and informal measures. Those measures may include a record of daily performance, criterion-referenced and norm-referenced test data, medical records, anecdotal records from information collected throughout the year, behavior checklists or student work samples. Progress toward meeting annual goals is monitored on a regular basis through periodic reports given to parents at least as often as all other parents are informed of their children’s educational progress (e.g., the Annual Goals Progress Report). The Annual Goals Progress Report includes a description of the student’s progress toward meeting each goal. The review of progress uses the same measurement criteria specified in the objectives. The review clearly specifies how the student’s performance at the time of review is different from performance observed at the time the IEP was written, addressing any lack of expected progress toward annual goals. The IEP team must determine if a student needs a program of special education and related services extending beyond the calendar school year in order to provide FAPE. Determining the Need for ESY Services The determination of whether a student with a disability needs ESY services must be made by the IEP team. The primary criteria in determining a student’s need for ESY services are the likelihood of significant or substantial regression of previously learned critical life skills from the current IEP during a break in service, and limited or delayed recoupment of these skills after services resume. In addition to these measures, the IEP team must consider the valuable information gathered through observations and input from the family, the student, and educators. This input is critical in developing an accurate and complete Regression/recoupment measures are an integral part of the determination of need for ESY services, although they are not the only measures. 3

picture of the student’s level of functioning. Information such as regression and recoupment history, performance in the classroom, community-based activities, family circumstances, recent behavior, motoric and medical status should also be considered. Regression/Recoupment Considerations Research shows that regression and recoupment occur in all students and will vary across skill, people and circumstances. The concern is that for some students with disabilities the regression is significant or substantial and the recoupment period so long that without ESY services, the learning that occurred during the regular school year would be significantly jeopardized if ESY services are not provided. Factors To Be Considered When Determining the Need for ESY Services The IEP team must consider regression/recoupment measures, in addition to all other appropriate factors, in determining whether the critical life skills learned during the current school year will be significantly jeopardized if ESY services are not provided. Additional factors may include but are not limited to: IDEA regulations and current court cases do not address the extent of regression/recoupment needed to qualify for ESY services. Guidelines from other states and Florida districts cite a period of review or re-teaching ranging between 20 and 40 school days for a non-ESE student who attends no educational program over the summer break. As a guideline for the purpose of determining need for ESY services, a review period of eight weeks or more would indicate that substantial or significant regression has occurred. In other words, a student may need ESY services if the period of review and re-teaching required to recoup the skill or knowledge level attained by the end of the prior school year is beyond the time ordinarily reserved for that purpose at the beginning of the next school year. Impact of disability—Recoupment capacity may well be affected by the impact a disability has had on a student. That is, the more the disability affect a student’s performance or functioning, the more likely it is that regression may occur. Students with severe emotional issues, for examples, may be more likely to revert to lower functioning levels or to exhibit inappropriate behaviors, such as extreme withdrawal or anxiety reactions, when their programs are interrupted. For many of these students, each successive interruption in programming and the resulting regression also reduces the level of motivation and trust which may lead to withdrawal from the learning process. Students who need concentrated, continuous work on critical life skills to maintain self-sufficiency and independence, from caregivers, may need additional help and support to reach those goals. The determination of need for ESY is made on an annual basis. The determination is made for each student on an individual basis after careful and critical analysis of the ongoing data and input gathered by the IEP team. The IEP committee must determine, through documentation, whether a student needs extended school year services in order to prevent significant or substantial regression in his/her skill level. This decision is based on the current IEP goals and objectives for the continued provision of FAPE. Significant or substantial regression assessment results are the primary factors available for IEP committee consideration in determining the need for ESY services. Other data sources should also be reviewed as they relate to educational performance. Absence of assessment data is not a valid reason for failing to consider a student’s need for ESY services. Rate of progress—Just as every student’s rate of learning, regression, and recoupment are different, an individual’s rate of learning specific skills or behaviors may differ from his or her rate of attaining other skills. Certain skills or behaviors are particularly essential to meeting the goals of self-sufficiency. For example, basic self-help skills such as toileting or eating, are essential for minimal independence; stable relationships; impulse control and appropriate peer interaction are necessary for community living. Therefore, if a student would suffer significant or substantial regression in a skill, emerging skill, or behavior which is critical to reaching the goal of self-sufficiency and independence from caregivers, the student may require extended school year services to address that skill or behavior. After consideration of all available data (both formal and informal), the committee must determine if skills learned by the student during the school year will be significantly jeopardized (e.g., significant or substantial regression will occur) without ESY services. Motor or communication skills—A critical need for continuity in order to maintain those skills without significant or substantial regression is identified in one or both of these areas necessitating ESY services. 4

Extended School Year (ESY) Services ESY services are determined by the IEP team on an individual basis and are intended to minimize or prevent significant or substantial regression. The provision of ESY services to a student with a disability is not automatic year after year. Therefore, it is reasonable for ESY services to concentrate on areas at risk. As always, the needs of the student dictate the services to be provided, rather than any available services dictating what is provided to the student. Option 1: Student Is Not Recommended for ESY. Based on available data, the IEP team agrees that it is not likely that the student will experience significant or substantial regression or that thee are any other factors that indicate a need for ESY services. Documentation must be provided using formal and informal assessment data to support professional judgment. The special education services, frequency, and duration for ESY services are indicated by the IEP committee. There are several options that may be considered for delivery of identified instructional or related services. These include but are not limited to: Option 2: Student Is Recommended for ESY. Based on available data, the IEP team agrees that it is likely that the student will experience significant or substantial regression or that there are other factors that document a need for ESY services. Home packets: If the IEP committee agrees that the needed services can be delivered through an individualized home packet for the student, the packet is developed at the school and provided to the parent. Periodic student contact: Perhaps 3-4 times during the summer to prevent regression. On-the-Job Support. School based programs that the student attends for a specific number of hours each week. Documentation must be provided using formal and informal assessment data to support the IEP team’s determination of need for ESY services. Explanation to parent should include: specific annual goals which the student experiences or may experience significant or substantial regression or other factors considered in this decision and methods used to make this determination (e.g., supporting data and other factors). Standards For Determining ESY The following standard should be used as the foundation for determining the need for ESY services. The IEP committee will determine if critical life skills learned by the student during the current school year (as reflected on the current IEP) will be significantly jeopardized without ESY services. While all available data must be considered, assessment/observation data will be the primary sources used in determining the need for ESY services. All students with disabilities must be considered for ESY. The determination for the need for ESY services is made based on data indicating the potential or the documented evidence of significant or substantial regression. This determination should not be made prior to the end of the first marking period, but must be made no later than the first week of April whenever possible. If the determination cannot be made at an IEP meeting, the appropriate box on the IEP form should indicate it will be addressed at an interim IEP meeting in the spring. There are two options to be considered: 5 services to address those already learned critical life skills. It should be made clear that these are the only areas in which the student will receive ESY services. Explain that services are focused on the areas identified. While the least restrictive environments is always part of the discussion, the school district is not required to create new programs as a means of providing ESY services to students with disabilities in integrated settings if the school district does not provide services for non-disabled students during the ESY duration dates.

Addressing ESY On Easy IEP A. Click ESY section of the IEP Process Tab B. Address all ESY questions (Yes/No) 1. Type in the “Data Sources” used to determine the need or lack of need for ESY. (Examples may include test scores, document teacher observation, work samples). a. These are required fields. If you do not complete each of the data sources you will receive an error message when creating the final IEP. b. You can copy and paste the information in these sections. 2. If the student requires ESY, you must enter the necessary services on this tab. a. Click the “Save and Add Additional Special Ed or Related Services.” b. Select the special education or related service for ESY from the drop-down menu. c. Enter the amount of time and frequency for the service. d. Enter the begin and end dates for the service. 3. Select the Goals which will be implemented during ESY, by checking the ESY box next to the Goal. 4. Answer all ESY special consideration questions. 6

Questions and Answers 1. Should new goals and objectives be developed for ESY services? A: 2. 5. A: No. ESY services address the maintenance of previously learned skills, as identified in the current IEP. The intent of ESY services is not to teach new skills. Therefore, new goals and objectives should not be added to a student’s IEP for implementation of ESY services. How does the IEP team determine the amount of ESY services for each child? A: 6. The determination of the extent of services must be made on an individual basis after a thorough review of the student’s goals and objectives. The IEP team must determine how much time is needed to assure maintenance of previously learned skills that would be jeopardized if the student did not receive ESY services. Direct service providers are an integral part of this conversation. How do LRE decisions? requirements relate to ESY 4. The requirements regarding placement in the least restrictive environment (LRE) during the academic year also apply to ESY, when feasible. However, “while ESY services must be provided in the LRE, a school district is not required to create new programs as a means of providing ESY services to students with disabilities in integrated settings if the school district does not provide services at that time for its non-disabled students.” (Federal Register, Vol. 64 No. 48. 199, pg. 12577). Thus, LRE considerations for ESY are not identical to LRE considerations that apply during the regular school year. The full continuum of educational options is usually not available during ESY, and the district is not required to create such a program for that sole purpose. 8. Yes. 10. Can a student attend both ESY and Reading Camp? A: A: The IEP from the sending district should be reviewed to determine what ESY services are indicated. Is transportation provided for ESY students? A: If a student does not regress over the summer, can ESY services be denied for the following summer break? School personnel should consider recording information after school breaks (e.g., over summer break, winter break, or spring break). This data would focus on the IEP objectives and the status of the child on these objectives upon their return to school. What happens if a student with a disability transfers into the district over the summer or in the last quarter of the school year? A: 9. Parents may exercise their right to a due process hearing. The IEP team should make ESY decisions in a timely fashion. There must be enough time for a due process hearing to be requested and held (minimum of 45 days) between the decision and implementation of ESY services, whenever possible. How can schools determine if regression has occurred? A: A: Some parents will decide not to have their child participate in ESY services, even if they qualify. If the family chooses not to have the child participate in ESY, school records will document this. Because compulsory school attendance laws do not extend beyond the regular calendar school year, the district cannot compel a student to participate. This does not impact future determination for ESY needs. What happens if the parent disagrees with the ESY decision? A: 7. 3. What happens if a parent does not agree to the student receiving ESY services? No. The decision for extended school year services is made annually based on all information available to the IEP team. Consideration should be given to the lack of regression the previous summer but that should not be the sole basis for determining no need for ESY services. 7 Since ESE decisions are made on an individual basis, schools should contact their District ESLS Program Staff for assistance whenever there is a request for a student to attend both ESY and Reading Camp.

Glossary Critical Life Skills Those skills, reflected in the IEP goals, that are essential for maintaining the student’s self-sufficiency and independence. Emerging Skills Describes learning that has just begun on the part of the student but may not be consistently displayed. Enrichment Programming that provides additional services or curriculum to advance a student beyond the regular curriculum. ESY The acronym for extended school year referring to special education programming that extends beyond the 180 day calendar school year. FAPE The acronym used for a Free Appropriate Public Education cited in IDEA. There are five common characteristics of FAPE under IDEA: FAPE is available to all children with disabilities without regard to severity of disability. FAPE is provided without cost to the parent. FAPE consists of individualized programming and related services. FAPE provides an education that is appropriate, but not necessarily the best possible. FAPE is provided in the least restrictive environment. IEP Committee The individual educational plan (IEP) committee is composed of at least the following: the child’s parent, the child’s teachers (both general education and special education), the evaluation specialist and the local education agency (LEA) representative (e.g., the ESE Specialist). The IEP committee meets to determine the student’s needs and develop a program that will provide the child with an appropriate education. 8 LRE The acronym used for Least Restrictive Environment cited in IDEA. It generally refers to the appropriate placement for a child with a disability that most closely approximates where the child, if not disabled, would be educated; not necessarily the general education classroom and not synonymous with inclusion or mainstreaming. Placement IDEA defines placement in terms of the amount of time a student spends with his/her non-disabled peers. This continuum of placements ranges from general education class to center schools or residential placements. Recoupment The ability to recover or regain skills at the level demonstrated prior to the interruption of educational programming. The period of reteaching or review ranges between 20 and 40 school days for non-ESE students. Regression A decline to a lower level of functioning demonstrated by a decrease of previously learned skills, which occurs as a result of an interruption in educational programming. Related Services Generally, services required to assist a child with a disability to benefit from special education. Related services include but are not limited to physical therapy, occupational therapy, transportation, psychological services and counseling services. Self-Sufficiency The acquisition of basic life skills that aid in the student’s ability to function as independently as possible. The goal of self-sufficiency is to reduce the student’s reliance on caregivers.

References “Answer Book On IEPs”, LRP Publications Legal Cases “DeKalb County School System: Extended School Year Handbook”, Department of Support Services, stone Mountain, Georgia (1998). Alamo Heights Independent School District v. State Board of Education 790 F.2d 1153 (5th Cir. 1986). Georgia Association for Retarded Citizens v. McDaniel, 716 F.2d 1565, 1576 (11th Cir. 1983). “Developing and Implementing Summer School Programs for Students with Severe Handicaps”, Sobsey, Dick (1985) Johnson v. Independent School District No. 4 of Bixby, Tulsa County, Oklahoma 4,921 F.2d. 1022, 1028 (10th Cir. 1990). “Extended School Year (ESY)”, ERIC Digest #E471, Pinkerton, Dianna (1990). Ruesch v. Fountain, 872 F. Supp. 1421 (D.Md. 1994). “Extended School Year. AZ-TAS Themes & Issues: A series of Topical Papers on Special Education”, Arizona State Department of Education, Phoenix. Division of Special Education (9/93) “Extended School Year Services”, New Jersey Department of Education, Office of Special Education Programs. “Extended School Year Services”, The Arc of Maryland, Inc. Maryland Institute of Continuing Professional Education of Lawyers, Special Education Law manual (1999) “Extended School Year Services For Students with Disabilities”, North Dakota State Department of Public Instruction, Bismarck Division of Special Education (4/00) “Extended School Year Services, Guidelines For Individual Education Plan (IEP) Committees”, The School Board of Broward County, Florida (2001) “Extended School Year Special Education Programming; Educational Planning”, Critical Issues in the Lives of People with Severe Disabilities, Browder, Diane, Lehigh University, Bethlehem, Pennsylvania (1988) “Ohio Rules for the Education of Handicapped Children”, Appendix C, Extended School Year Services Memo 89-11. “Toledo Public Schools: Extended School Year General Guidelines”, Special Education Department, Toledo Public Schools (4/95) 9

ESY Planning Forms The enclosed forms are being used by the District ESLS office to assist schools with ESY planning: ESY Student Checklist Planning: Extended School Year (ESY) 10

ESY Summer 2019 Student Information FSI # Last Name First Name Grade Eligibilities (circle all that apply): ASD DHH DD EBD InD LI OI SLD HH OHI SI TBI VI School Information: Home School Weeks Assigned School Days Hours ESY Site General Education or Special Program (circle one) Class Type (i.e. ASD, InD, SVE, Pre-k B, Pre-k C) Transportation Transportation: YES NO Harness: YES NO AT Equipment: Reading Programs: Fundations MEDICAL: Audiology: Wilson Just Words NO YES Seatbelt: YES NO Wheelchair: YES NO Other NURSE: NO YES ESE & Related Service minutes per week: Speech PBIP NO Language OT PT Counseling YES Details ESY Folder Checklist A04 Printout with ESY location added to the summer school field 3 copies of ESY information from EASY IEP ESY Planning Form Materials/books and work samples 2 copies of the completed and signed Parent Response Letter 2 copies of the Transportation Request Generated from EASY IEP. Equipment Property Passes included Photo of Student (For any Pre-K or Special Program Student) FBA/PBIP if applicable 11

12 2. 3. 2. 3. 2. 3. 2. 3. 2. 3. 2. 3. 2. 3. 2. 3. 2. 3. 2. 3. R e v is e d : O c t . 2 0 1 1 Revised: October 2018 1. 1. A c a d e m ic /P r e - A c a d e m ic - D e v e lo p m e n ta l S k ills 1. 1. C o m m u n ic a t io n S k ills 1. 1. S e lf H e lp /D a ily L iv in g S k ills 1. 1. I n d e p e n d e n t F u n c t io n in g / O r g a n iz a t io n a l S k ills 1. S c h o o l: 1. S o c ia l/ B e h a v io r S k ills IE P G o a l( s ) fo r E S Y S tu d e n t L u n c h N u m b e r: S tu d e n t: A c tiv itie s ( I n c lu d e r e in f o r c e r s , b e s t p r a c t ic e s , e tc . ) T e a c h e r: 3. 2. 1. 3. 2. 1. 3. 2. 1. 3. 2. 1. 3. 2. 1. P l a n n Planning: i n g : 2 0 1 2 E2019 x te n Extended d e d S c h o oSchool l Y e a r (EYear S Y )(ESY) M a t e r ia ls / E q u ip m e n t D a te :