Does Your Child Qualify for Extended School Year Services?

When developing an IEP for a student with disabilities, the IEP team must consider whether the student’s special education needs can be met during the traditional school year.  If the child requires an extended day or an extended year in order to receive a Free Appropriate Public Education (FAPE), then the school district is required to provide the student with programming.  Generally, this is referred to as Extended School Year Services (ESY). 

ESY can take any form that will ensure FAPE and should not be dependent upon the school district’s schedule, services, availability of personnel, etc. – in other words ESY, like the IEP, should be based on the child’s individual needs and not the convenience of the school district.

The IEPs used by many NH school district’s include a section to consider ESY, but it is not uncommon for that section to contain language indicating that the decision regarding the need for ESY will be determined by a specific date.  April seems to be the month to discuss ESY.  Regardless of whether the discussion is taking place when the IEP is first developed or at a later date, the discussion is part of the IEP process and therefore must take place within a team meeting.  At the IEP meeting that discusses ESY, the team should consider the student’s needs for ESY, including degrees of progress, emerging skills, regression over breaks, length of time to recoup skills lost over breaks, the nature or severity of the disability, interfering behaviors, as well as any other factors the team determines appropriate in consideration of whether FAPE will be provided. 

ESY is not a one size fits all program.  ESY is not reserved for only specific categories of students with disabilities.  ESY is not an enrichment program.  ESY is not determined by administration based on NECAP, NWEA, DRA, or any other acronym’s scores.  ESY does not have to take place in a school setting.  As with all IEP discussions, ESY discussions should be based on the student’s needs and a focus on how those needs will be met. 

When preparing for the IEP team meeting to discuss ESY, consider:

1. The student’s progress during the traditional school year
2. The type of programming the student receives and best practices for that type of programming
3. The need for consistency in schedule
4. The ability to focus more intensely on skills to foster emerging skills
5. The need for social interaction in a structured and supported setting

For more information regarding a ESY, see NH DOE Memo 44.

URGENT REMINDER: NH Special Education Rules Being Revised – Time Sensitive Alert

The New Hampshire Rules for the Education of Children with Disabilities are in the Rule Making stage which requires an opportunity for public comment.  A meeting is scheduled for December 9, 2009 at 12:30 at the NH Department of Education on Pleasant Street in Concord, New Hampshire.

This is an opportunity for all who have an interest in the proposed changes to let your voice be heard.  Bonnie Dunham, of Parent Information Center, has developed a short "unofficial" summary document of the changes that are being proposed.  Ms. Dunham has also developed a sample letter to follow to provide written input. 

Plan to attend the public session on December 9, 2009 at 12:30 to let the Department of Education receive your input to these important changes to the NH Special Education Rules.

New NH Special Education Rules Have Been Proposed

The Individuals with Disabilities Education Act (IDEA) was reauthorized in 2004 and renamed the Individuals with Disabilities Improvement Act, although the statute states that we can continue to call the reauthorized act IDEA.  IDEA is considered the minimum a state must do when educating children with disabilities; each state can either follow IDEA or offer additional rights and protections.  New Hampshire has always afforded children with disabilities more rights than required by IDEA.  The state laws, or statutes, can be found at RSA 186-C.  As the name implies, the New Hampshire Rules for the Education of Children with Disabilities (Ed. 1100) are the rules based on the state statutes that govern the education of children with disabilities. 

Although the New Hampshire Rules for the Education of Children with Disabilities were revised in June 2008 and amended in June 2009, there are still some areas that need to be aligned with the IDEA.  Therefore, the New Hampshire Board of Education agreed on October 14, 2009 to enter into rule making for Ed 1100.  As part of rule making, the board must hold public comment sessions.  A public session is scheduled for December 9, 2009 at 12:30 PM.

For more information visit the NH DOE’s website.