EXTENDED SCHOOL YEAR SERVICES Ensuring FAPE Under IDEA and MARSE

BY MARIA GIANCOTTI, M.ED. - STUDENT ADVOCACY MICHIGAN

Extended School Year (ESY) services are essential for some students with disabilities to receive a Free Appropriate Public Education (FAPE). Both federal law under the Individuals with Disabilities Education Act (IDEA) and state law under the Michigan Administrative Rules for Special Education (MARSE) establish guidelines for when ESY services are needed. Understanding these criteria ensures that students get the support they need yearround. The determination for ESY services is usually made in the spring, so now is the time to think about it and take action.

The Role of IDEA in ESY Services Under the Individuals with Disabilities Education Act (IDEA), FAPE is a right for students with disabilities. FAPE requires that educational services are tailored to meet the individual needs of students, which may include ESY services. ESY helps prevent significant regression during extended school breaks, such as summer vacation.

FAPE Under IDEA:

IDEA mandates that students with disabilities receive FAPE through an Individualized Education Program (IEP) that addresses their specific needs. In some cases, this includes ESY services to prevent skill regression that cannot be regained within a reasonable time.

ESY and IDEA:

IDEA doesn’t require ESY for all students with disabilities but mandates that ESY services must be provided if the IEP team determines they are necessary to prevent significant regression. These services are individualized based on the needs of the student.

Federal IDEA Legal Citations on ESY

Several IDEA sections guide ESY decisions:

• 20 U.S.C. § 1401(9): Defines FAPE and emphasizes individualized services, including the need for ESY when necessary.

• 20 U.S.C. § 1412(a)(1): Requires that states ensure the provision of FAPE, which includes determining if ESY is needed.

• 34 C.F.R. § 300.106: Specifies that ESY services must be provided if the IEP team determines they are necessary to prevent regression.

MARSE Criteria for Determining ESY In Michigan, the Michigan Administrative Rules for Special Education (MARSE) provide specific criteria for determining if a student requires ESY services. MARSE Rule 340.1703 outlines the following key factors:

1. Regression and Recoupment: If a student experiences significant regression during breaks from school and cannot regain skills within a reasonable period, ESY services may be necessary. The IEP team evaluates this based on the student’s needs.

2. Progress Toward IEP Goals: If the student is making limited progress toward their IEP goals, ESY services may be needed to ensure continued progress and prevent regression.

3. Critical Life Skills: For students with severe disabilities, maintaining or acquiring essential life skills may require continuous support. The IEP team may recommend ESY to help prevent setbacks.

4. Behavioral or Medical Needs: If a student’s behavioral or medical needs require ongoing support, ESY services may be necessary to maintain stability and prevent regression.

5. Family Input and Other Factors:

The IEP team considers the family’s input and any other relevant factors, such as socialization or therapeutic needs, when deciding on ESY.

Parent Involvement and Advocacy

Parents play a crucial role in advocating for ESY services. If you feel that your child needs ESY to receive FAPE or if you are unsure of the process, consider reaching out for assistance. Student Advocacy Michigan can guide you through the process and help ensure your child’s needs are met. You can contact them at www.studentadvocacymi.com or 248-372-9770.

Conclusion

ESY services are an important component of FAPE, ensuring that students with disabilities receive the support they need to succeed, even during extended breaks from school. Both IDEA and MARSE provide clear guidelines for when ESY is required. By evaluating factors such as regression, progress toward goals, and critical life skills, the IEP team can make informed decisions.

If you need assistance in navigating the ESY process, don’t hesitate to contact Student Advocacy Michigan. They can provide expert guidance and support to help ensure that your child receives the education they deserve.