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My DC did ESY last year. We were enrolled at a charter that had a cost for summer school, it was a small cost by a cost none the less. Is it legal to charge for ESY? Services included OT as well as support in the classroom to continue with goals established earlier in the IEP.
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ESY is part of public school and should not cost more, but in many places it is half day. Perhaps the charge was for part of the program that was not strictly ESY. |
| Any sort of summer programs in DC charter schools are rare. I thik you should call and speak to someone at OSSE about what is and isnt' allowed. |
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No, it is not legal to charge for ESY -- ESY is provided when a child needs it to access a *free* appropriate public education.
However, in many places ESY and summer school are separate. If this was not made clear to you and/or regular summer school was the only way that this charter school offers services, I would pursue a complaint for reimbursement. |
As others have said, no they can't charge. But was ESY on the IEP? Or was it simply offered as part of their summer program? That is, did the team determine your child needed ESY for FAPE or did they simply offer to continue IEP services during the summer session they already have for everyone? Also, there may be a charge for hours that aren't ESY hours, but as someone else said they'd need to allow you to do ESY for free alone - assuming it was IEP driven/on the IEP, ESY for free must be an option, even if they also offer extended or other hours that you can take advantage of. |
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Not OP but trying to understand.
So if one had ESY goals that required 2 hours of speech langauge instruction and 1 hour of OT to meet, and these were delivered as part of a regular summer school program, you could be charged for the other 37 hours of time per week the same as any other family who was enrolled in the summer program (assuming the school doesn't offer free summer school to anyone?) |
Yes - we had an IEP with ESY on it. We had a meeting to modify the IEP and add in ESY. |
Were there hours specified for services? |
I dont know about other districts, but in Fairfax County, the ESY is half day for four weeks in the summer. When DC was offered it, it was three hours, one for reading, one for math and one for social skills. It was all or nothing. I assume a student who qualified for OT or other serices would get them at the expense of one of the other three. It was also a 45 minute bus trip each way (I was curious so I looked and there were 34 other ES schools closer to our house than the one they chose for his ESY, (in additon, funnily, closer to more ES in DC, Montgomery county and Arlington). DC only needed the reading hour and they would not guarantee the reading program that would be used but basically said it would be highly unlikely to be the one thathe used during the year. So for five hours of his day he would receive the reading for one hour, but not in the program that was working and which he was already familiar and it would only cover four of the eleven weeks of the summer. So, we declined and upped his private tutoring to three times a week for the summer, in addition to supplementing at home. If there are programs that fill in the rest of the day, they would be pay as you go. Summer school is different and volunary, which is why it is pay to play. |
Yup. You would, of course, have the option of not enrolling in the summer program at all, and just taking your child to the location 3 hours a week. If your IEP calls for 3 hours of services, you don't get 37 hours of summer programming for free. (And where are these 40 hour a week summer schools?) |
yes this is true, but usually ESY is more one size fits all than anything else in special ed. districts run an ESY program - 3 weeks, 4 weeks, 6 weeks, half day or whatever, and that's what every.single.kid. who gets ESY gets. I imagine if you launch a huge fight and or sue someone you might get something in addition. But usually since the bar for ESY is so high, it's less than what many kids who attend get during the school year (at least in the suburbs - I'd bet DC charter schools may have unique oddities in some cases). |