KBS Reference Desk: ESY Services for students with disabilities

Q:        Our District is considering Extended-School-Year (“ESY”) services for students with disabilities during Summer 2020.  Will school limitations resulting from COVID-19 affect the provision of ESY?

A:        Yes. Although school closures may impact the method of delivery for ESY services during Summer 2020, a District is required to make appropriate adjustments once it has determined ESY services are necessary to meet the individual needs of a student. 

ESY services are defined by 19 TAC § 89.1065 as individualized instruction and services to prevent the severe or substantial loss of skills or learning beyond the regular school year when schools are not in session. See also 34 C.F.R. § 300.106. The decision to provide ESY services is determined at the annual Admission, Review, and Dismissal (“ARD”) committee meeting under 34 C.F.R. § 300.324(b)(1). The need for ESY services may also be addressed by a subsequent ARD committee meeting or through a proposed amendment to the IEP which complies with procedural safeguards. ESY services are required only if the ARD committee determines and documents in the IEP that, in one or more critical areas in IEP goals and objectives, the student has exhibited, or reasonably may be expected to exhibit, severe or substantial regression that cannot be recouped within a reasonable period of time. In Texas, severe and substantial regression means that the student has been, or will be, unable to maintain one or more acquired critical skills in the absence of ESY services. 

For ESY services during Summer 2020, the ARD committee was required to rely on data collected during the 2019-2020 school year.  In addition, the ARD committee would have considered parental observations during distance learning.  If a review of existing data and parental input indicated a need for ESY services, then the ARD committee should have determined how best to deliver ESY services. The method of delivery for ESY services is secondary to the determination that services are needed for students with disabilities. 

In compliance with guidance from the local health department in conjunction with TEA guidance on operations for summer instruction, the District may provide on-campus ESY services during Summer 2020. On June 9, 2020, TEA issued guidance for summer instruction, amending the social distancing provisions.  A copy of that guidance can be located HERE. The referenced guidelines pertain to face-to-face instruction; however, if appropriate, the District may provide for the continuation of virtual learning for students eligible for ESY services.  

For specific questions or additional information regarding summer school ESY, please contact your local school attorney.

Related Posts

Leave a Reply

Recent Articles

KBS Reference Desk: Evaluating SPED Teachers after COVID-19
April 2, 2021
KBS Reference Desk: Pay During Closure
February 26, 2021
KBS Reference Desk: Virtual Learning and Child Find
February 5, 2021
KBS Reference Desk: American Rescue Plan
January 29, 2021
KBS Reference Desk: TOMA Suspension Extension – Additional 30 days
January 15, 2021
KBS Reference Desk: Updated FFCRA Guidance
January 8, 2021
KBS Reference Desk: New Stay-at-Home Protocols
December 18, 2020
KBS Reference Desk: Vaccine as a Requirement for School Attendance
December 11, 2020
KBS Reference Desk: Campus Closure due to COVID-19 and Funding
December 4, 2020
KBS Reference Desk: Nonexempt Volunteer Work
November 20, 2020
KBS Reference Desk: TPIA – 10-day Extension
November 6, 2020
KBS Reference Desk: Discontinue Virtual Learning
October 30, 2020
KBS Reference Desk: Political Dress
October 23, 2020
KBS Reference Desk: Emergency Safety Drills
October 16, 2020
KBS Reference Desk: Requests for Homebound Instruction During COVID
October 9, 2020
KBS Reference Desk: Mask Exception
October 2, 2020
KBS Reference Desk: UIL Football Streaming
September 26, 2020
KBS Reference Desk: Eligible Expenses Under Coronavirus Relief Fund
September 18, 2020
KBS Reference Desk: Confidentiality and the ADA
September 11, 2020
KBS Reference Desk: Threat Assessment
September 4, 2020
KBS Reference Desk: Emergency Board Meetings
August 28, 2020
KBS Reference Desk: Homebound Services
August 21, 2020
KBS Reference Desk: COVID-19 Student Privacy and Virtual Learning
August 14, 2020
KBS Reference Desk: ADA Accommodations Based on Family Member’s Disability
August 7, 2020
KBS Reference Desk: EPSL EFML
July 31, 2020