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The term "extended school year" services means educational programming beyond the traditional 180 day school year for eligible students with disabilities as outlined by the Individuals with Disabilities Education Act (IDEA).

Every student with a disability under IDEA must be considered for ESY services. The determination of whether a student is eligible for ESY services is made on an individual basis by the student's IEP team and must be discussed at each annual IEP review meeting.

The IEP team determines eligibility for ESY services. The team is made up of the parent, student if appropriate, regular education teacher if the student is or may be in a regular class, at least one special education teacher or provider, at least one evaluation team member, the school district representative who is qualified to provide or supervise the provision of special education and is knowledgeable about the general curriculum and the available resources, and others at the parent's or school's discretion. ESY is not limited to certain categories of disability and must be considered for all students with disabilities receiving special education and related services.

Use of a single standard or criterion in making an ESY eligibility determination is not legal and case law has established several factors to be considered. The Kent School District has identified three criteria. One standard is the regression/recoupment analysis that considers the amount of regression a student experiences as a result of an interruption in educational services with the amount of time required to regain the prior level of skill. A second standard is the degree of progress on the IEP goals and objectives. A third standard used by Kent is that of exceptional circumstance that includes issues preventing the student from receiving some meaningful benefit from the regular education school year program. Consideration of all pertinent information and individual student circumstances are taken into account in determining appropriateness of ESY programming.

Consideration of a broad range of highly detailed information by the IEP team is essential when determining eligibility for ESY services. Parent/teacher ongoing communication and assessment of the IEP goals and objectives as they relate to the regression and recoupment of a student's progress, work samples, test results, report cards, homework, progress reports and parent observations are examples of typical information and documentation used when determining eligibility for ESY services. Establishing a series of measurement timelines is helpful in providing a baseline to document regression and recoupment. In general, any information that can assist the IEP team in developing a composite of the level of functioning and circumstances having an impact on the student's educational performance should be presented.

A schedule for collecting data about a student's progress can be helpful. Collecting data related to the IEP goals and objectives as they relate to ESY determination can provide the essential information in determining not only ESY eligibility but also the specific services that may be needed by the student. A recommended schedule for data collection includes:

• At the end of the regular school year;
• At the end of the summer program;
• At the beginning of the subsequent school year;
• At the end of the subsequent school year;
• Before/after school vacations;
• An ongoing collection of information throughout the school year; and
• Before/after student has been out of school for other reasons.

No. Students cannot be required to fail before being eligible for ESY. ESY must be determined individually based on the needs of the student.

The District will determine the type, duration, and frequency of services for a student receiving an ESY program based on the recommendation of the IEP team. The goals and objectives should be a continuation of a part of the school year IEP.

No. A student's program and placement for ESY services may differ from the regular school year program. When a student is determined to need ESY services, the IEP team will determine what services need to be provided through the IEP meeting process.

No. Eligibility determination for ESY services is made on the present needs of the student and is determined each year.

No. ESY services may not necessarily be provided in a classroom or school setting. The location and delivery of program services may be provided in the home or at an alternative location (such as the local library, etc.) taking into consideration the identified individual needs of the student in an appropriate environment.

The purpose of providing ESY services to students with disabilities is to maintain identified skills to prevent or avoid substantial loss of previously acquired or emerging skills or behavior. With this objective it is expected that not every student will be in need of ESY services.

Parents and school districts are encouraged to resolve matters of disagreement. Mediation has proven to be an effective method of dispute resolution. Upon request, the Office of the Superintendent of Public Instruction (OSPI) will assign an impartial mediator to assist the parties in resolving differences. Mediation is voluntary; therefore, the participants (parent[s]), guardians, and school district) must agree to mediation. In addition, parents and school districts can always exercise their right to request a due process hearing.