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Extended School Year 101: Knowing Your Child's Rights

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Leeshua Pica

on 5 February 2013

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Transcript of Extended School Year 101: Knowing Your Child's Rights

Extended School Year 101:
Knowing Your Child's Rights Thank you for your attention! Based off 7 Standards (Multiple Criteria)
Child DOES NOT need to have previously experienced regression over a break in order to receive services What is ESY? Common Myth:
ESY is just about Regression & Recoupment. 7 Factors of ESY Eligibility Background of ESY Important Case:
Armstrong vs. Kline Armstrong v. Kline, 476 F. Supp. 583 (E.D. Pa. 1979)
Mandate in Pennsylvania for ESY programming for children with any type or severity of disability who meet the court's eligibility standard
Following this case, the PA Legislature adopted its "seven factors" test into law Reliable Sources of Information Progress on Goals in IEP
Reports mandated by educators, therapists and others having direct contact with the student
Reports by parents of negative changes in adaptive behaviors in other skill areas.
Medical or other agency reports indicating degenerative-type difficulties, which become exacerbated during breaks in educational services.
Observations and opinions by educators, parents and others.
Results of tests
22 Pa Code 14.132(b) Policy on Timing and Method of ESY Timely Decisions for ALL Students Timing of an ESY determination depends on whether the student is in the “target group” (Armstrong Guidelines)
“Target Group” can include:
Serious Emotional Disturbance
Serious Mental Retardation
Degenerative Impairments with Mental Involvement
Severe Multiple Disabilities “Target-Group”Important Dates Annual IEP meeting to determine services must occur no later than February 28 of each school year
If eligible, A Notice of Recommended Placement (NOREP) containing this decision should be sent to the parents and the program specifics must be included in the IEP. This should be done by March 31 “Target-Group” Exceptions to Deadlines If student transfers to LEA after the date
If not previously eligible, determination is made at the IEP meeting
If a student enrolls and was previously determined eligible on prior IEP, the content and eligibility remain “status quo” unless parent agree to change or change through an appeal is authorized Non “Target-Group” Students not in the “target-group” can still be considered eligible!
Students who are not considered in the “target-group” are not subject to the same timelines
HOWEVER, if the parents do not agree to the LEA’s decision they will be afforded an expedited due-process hearing as per chapter 14.132(e)
For all students, ESY should be discussed at every meeting The ESY NOREP Decision of eligibility or ineligibility MUST be sent through a NOREP
This may be included with other IEP revisions--always check the ESY section of your child's IEP for changes
A NOREP is issued when:
Proposal to add ESY that previously did not have it
Proposal to delete ESY from IEP
Refusal to initiate ESY requested by parent
Proposing or refusing to change the provision of the ESY program What the ESY Contents of the IEP Should Look Like Description of the type and amount of ESY services,
Projected beginning date and duration,
Individualized to your child Pendency “The pendency provisions of state and federal law apply to ESY eligibility determinations. Therefore, if an IEP team proposes by NOREP to change a student's ESY eligibility status or previous ESY program, and the parent requests due process, there must be no change in ESY eligibility or program from the previous year, unless agreed to by the parties, pending completion of due process procedures.” 22 Pa code § 14.162(s) 12-month stretch calendar
No break longer than 3 weeks
Individualized determination
Some children may need “fewer and/or no breaks” to maintain skills
Aim: continual progress from year-to-year Local Programs Local Resources Great Resources for Summer Programs – At times IEP can be implemented in these programs – Please see Handout

**We cannot endorse the appropriateness of any specific program for any specific child** Practical Applications References 22 Pa Code § 14
Advocacy and Consulting for Education
Armstrong v. Kline, 476 F. Supp. 583 (E.D. Pa. 1979)
Pennsylvania Department of Education
The Wanna Play Program
D.F. v. Red Lion School District, C.A. No. 1:10-CV-1558, 2011 WL 7070537 (M.D. Pa. Sept. 26, 2011) ESY for Pre-School Pre-school Assessing Social Skills Programs for Appropriateness for your Child Does the program
include: Homogeneous Groups with developmentally similar
peers to support consistency of instruction and facilitation Opportunities for modeling of appropriate social and play skills Direct instruction of social skills specific to your child’s social goals Play skill instruction specific to your child’s play ability Facilitated free play to help generalize play skills Introduction of new play themes or
diverse social concepts Use of strategies and instruction of skills to improve
behavior then opportunities to generalize these skills Offering of sensory based activities to increase sensory regulation Tracking of social and behavior goals with documen-
tation given at the end of summer program Insurance and FAPE School districts work with public assistance programs, such as Medicaid, to pay for some IEP service costs.
Schools can also bill your private health insurance if you consent.
Services that can be billed include:
PT, OT, Speech and Language, and rehabilitation therapy The final regulations implementing Part B of IDEA require that the school’s use of third party payments
won’t cost you any out of pocket expenses now or in the future.
The regulations allow your school to bill third parties only if:
• it does not cost you anything (schools can offer to pay out-of-pocket expenses, such as copays or deductibles, in order to meet this requirement — you can still say no);
• it does not reduce your coverage;
• it does not cause your child to lose services needed elsewhere;
• it does not put you at risk of losing eligibility in other programs. (Fape.org "Facts-on-Hand Third Party Payments") Individualized Designed to sustain student’s mastery on the objectives in his/her IEP Designed to maintain readiness to enter the next year FREE:
At No Cost to the Parents Not Limited to the district’s existing program Least Restrictive Environment Regression: Decline in knowledge and skills that can result from an interruption in education
Recoupment: The amount of time it takes to regain the prior level of functioning Districts shall use the following factors, but may not decide eligibility based on a single factor
-(a)(2) 1 Whether the student reverts to a lower level of functioning as evidenced by a measurable decrease in skills or behaviors which occurs as a result of an interruption in educational programming (Regression). -(a)(2)(i) 2 Whether the student has the capacity to recover the skills or behavior patterns in which regression occurred to a level demonstrated prior to the interruption of educational programming (Recoupment). -(a)(2)(ii) 3 Whether the student’s difficulties with regression and recoupment make it unlikely that the student will maintain the skills and behaviors relevant to IEP goals and objectives. -(a)(2)(iii) 4 The extent to which the student has mastered and consolidated an important skill or behavior at the point when educational programming would be interrupted. -(a)(2)(iv) 5 The extent to which a skill or behavior is particularly crucial for the student to meet the IEP goals of self-sufficiency and independence from caretakers. -(a)(2)(v) 6 The extent to which successive interruptions in educational programming result in a student’s withdrawal from the learning process. -(a)(2)(vi) 7 Whether the student’s disability is severe, such as autism/pervasive developmental disorder, serious emotional disturbance, severe mental retardation, degenerative impairments with mental involvement and severe multiple disabilities. -(a)(2)(vii) 22 Pa Code § 14.132 Note 2012 Case: D.F. v. Red Lion SD (2012): District provided ESY NOREP with no particular ESY setting specified but same services as previous year; later told parents ESY would be at a different camp than previous year. Court concluded that pendency does not adhere to a particular street address and that District's action did not constitute a change in placement.
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