APPENDIX
G
NJ
DOE OSEP
POLICY
LETTERS
May
24, 1999
TO:
Chief School Administrator
Director of Special Education
Director of a State Facility
Administrator of a Charter School
Administrator of an Approved Private School for the Disabled
Administrator of a College-Operated Program
Administrator of an Approved Clinic or Agency
FROM:
Barbara Gantwerk, Director
Office of Special Education Programs
SUBJECT: Provision
of Related Services
The
federal Office of Special Education Programs (OSEP) monitoring report of
February 16, 1999 determined that some students with
disabilities were not receiving related services in accordance with an
individualized education program (IEP) as a required component of a
free, appropriate public education (FAPE).
The New Jersey Department of Education is required to ensure that
children with disabilities receive related services as required by 34
CFR §300.350(a)(1). In
particular, the report focused on counseling as a related service.
It noted that services were provided without any individual
determination of students’ needs and that IEPs contained no goals and
objectives that addressed the provision of this identified related
service.
Related
services, such as counseling, are provided to assist students with
disabilities to benefit from special education as specified in their
IEPs (N.J.A.C. 6A:14-1.3). Districts
must develop goals and objectives that are based on each student's need
for the service. It is not
permissible for students to be placed into programs where the provision
of related services is directed by the program in which the student is
placed rather than by the IEP, nor is it permissible to have the goals
and objectives of a related service determined outside of the IEP
process. In addition,
students cannot be placed into settings that provide only group
counseling with no opportunity for more intensive services on an
individual basis when the IEP requires them.
The local district is required to ensure all related services are
provided in accordance with the IEP.
With
respect to counseling issues, districts must develop IEPs that address
individual counseling needs of students when appropriate.
If the IEP team determines that counseling is needed for a
student to benefit from his/her education, then the IEP must determine
the amount and intensity of the service and have goals and objectives to
address those needs. A
district cannot place the burden of providing needed counseling on the
parent when a provider program does not have the required services, nor
can provider agencies unilaterally determine the extent of services to
be provided. The local education agency may be required to bring
additional services to students, regardless of the educational setting,
to ensure that their individual needs are met.
The Office of Special Education Programs will focus on this issue
in program reviews.
c:
David C. Hespe, Commissioner
Barbara Anderson
Bob DeSando
Douglas Groff
Madeleine Mansier
John Sherry
County Superintendent
County Supervisor of Child Study
State Special Education Advisory Council
Office of Administrative Law
Agency and Organization Concerned with Special Education
Higher Education Council
Reprint
of Department of Education Policy Letter
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of page
May 24,
1999
TO:
Chief School Administrator
Director of Special Education
Director of a State Facility
Administrator of a Charter School
Administrator of an Approved Private School for the Disabled
Administrator of a College-Operated Program
Administrator of an Approved Clinic or Agency
FROM:
Barbara Gantwerk, Director
Office of Special Education Programs
SUBJECT: Extended School Year
The issue
of extended school year for students with disabilities is of
considerable importance to this office.
In the last revision of the state special education regulations,
it was clarified at N.J.A.C. 6A:14-4.3(b) that the IEP team must
make an individual determination regarding the need for an extended
school year program at the IEP meeting.
To assist districts in understanding this responsibility, I am
issuing the attached clarification.
Attachment
c:
David C. Hespe, Commissioner
Barbara Anderson
Bob DeSando
Douglas Groff
Madeleine Mansier
John Sherry
County Superintendent
County Supervisor of Child Study
State Special Education Advisory Council
Office of Administrative Law
Agency and Organization Concerned with Special Education
Higher Education Council
Reprint
of Department of Education Policy Letter and Attachment
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EXTENDED
SCHOOL YEAR (Attachment)
The
federal law, Individuals with Disabilities Education Act (IDEA), and New
Jersey special education code specify the requirements local school
districts must follow in providing special education and related services
to students with disabilities.
In
meeting their obligation to offer each child with a disability a free,
appropriate public education (FAPE), local school districts must make
available programs and services that meet a child's individual needs.
Some children may require the provision of services beyond the
traditional school year. Such
services are components known as extended school year (ESY) services.
Federal and state law and regulations do not require that every
student with a disability receive extended school year services.
These decisions are to be made in each individual case based on
established eligibility criteria that have evolved over the past 20+ years
through case law and procedural application of the IDEA.
This
technical assistance document provides a summary of ESY requirements along
with helpful tips to be used by parents and school districts when
addressing issues involving the provision of extended school year
services. It is the result of
a concentrated analysis of leading case law and policy interpretations by
the U.S. Department of Education's Office of Special Education Programs (OSEP).
The document is presented in a question and answer format.
OSEP
periodically examines each state's ESY policy and implementation as part
of its regular monitoring procedures.
This document was produced to enable New Jersey to meet its
commitment of ensuring the delivery of a free and appropriate public
education to students with disabilities.
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FREQUENTLY
ASKED QUESTIONS
1.
What does Extended School Year (ESY) mean?
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).
2.
Who must be considered for ESY services?
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.
3.
Who determines ESY eligibility?
The
IEP team determines eligibility for ESY services.
The team is made up of the parent, child 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 child study 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.
4.
What criteria should be used in making an ESY eligibility determination?
While
there is no single criterion used in making an eligibility determination,
case law has estab-lished several factors to be considered.
One standard is the regression/recoupment analysis which 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. Other
criteria may include the nature and severity of the student's disability,
the ability of the child's parents to provide educational structure in the
home, behavioral and physical impairments, the ability of the student to
interact with nondisabled peers, the student's vocational needs, the
availability of alternative resources, whether the requested services are
"extraordinary" for the student's condition, "emerging
skills" and "breakthrough opportunities," as when a student
is on the brink of learning to read.
Regression/recoupment
analysis is an integral part of the determination of the appropriateness
of ESY services, but it is not the only measure used in determining the
necessity of a structured extended school year program.
Consideration
of all pertinent information and individual student circumstances are
taken into account in determining appropriateness of ESY programming.
ESY
is not limited to certain categories of disability and must be considered
for all students with disabilities receiving special education and related
services as identified.
5.
How is eligibility for ESY services determined?
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.
Additional
factors to be considered include the following:
- The degree of the impairment;
- The degree of the regression;
- The recovery time from the regression;
- The ability of the child's parents to provide the educational structure at
home;
- The child's rate of progress;
- The child's behavioral and physical needs;
- The availability of alternative resources;
- The ability of the child to interact with nondisabled children;
- The areas of the child's curriculum which need continuous attention;
- The child's vocational needs; and
- Whether the requested services are extraordinary for the child's condition
as opposed to an integral part of the program for those with the child's
condition.
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 the specific services that may be needed by the
student.
Recommended
Schedule:
- 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.
6.
Are students required to fail in order to be eligible for ESY services?
No.
Students cannot be required to fail before being eligible for ESY.
ESY must be determined individually based on the needs of the
student.
7.
How is ESY structured?
The
IEP team will determine the type, duration, and frequency of services for
a student receiving an ESY program. The
goals and objectives should be a continuation of all or part of the school
year IEP, although the ESY services may be modified to provide maintenance
of acquired skills during periods of interruption of school.
8.
What types of ESY models are available?
Like
any special education service decision, the individual needs of the
student determine the pro-gram and services to be provided. ESY service options may include, but are not limited to:
- Support services for maintenance of skills, such as math, reading, etc.;
- Home instruction or consultation to provide parents with support and
materials to prevent regression;
- Individual or group instruction;
- Recreational services to provide for the maintenance of identified IEP
skills; and
- Services during periods of school vacation.
Some
community agencies that provide recreation services have expanded those
opportunities to meet the needs of children with disabilities and youth.
The opportunity to explore and develop ESY services with community
agencies may offer opportunities to design services in natural community
settings and may provide a more cost effective partnership in meeting the
needs of children with disabilities requiring ESY services.
9.
Must all the services that are provided during the regular school year be
duplicated in the ESY program?
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.
10.
Is a student automatically entitled to ESY services because he/she was
determined eligible the year before?
No.
Eligibility determination for ESY services is made on the present
needs of the student.
11.
Do ESY services have to be provided in a classroom?
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 YMCA, library, Boys & Girls
Club, etc.) taking into consideration the identified individual needs of
the student in an appropriate environment.
12.
When is ESY not an appropriate decision?
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.
13.
What happens if there is disagreement regarding ESY?
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
New Jersey Department of Education 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.
More
information regarding mediation or a due process hearing can be obtained
by contacting the New Jersey Department of Education, Office of Special
Education Programs, at (609) 292-0147.
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