Anonymous wrote:It isn't that the law forbids teaching. The point is that they are still working on the same IEP goals from during the school year rather than new goals. ESY is to maintain or ensure progress toward goals.

Exactly, I'm the person who originally stated that you kids can't learn something new.

For most students, ESY is justified to review and maintain skills, so that kids who would otherwise regress can pick up where they left off when they get to school in the fall. Now, will some kids progress? Yes. But that isn't the goal, it's not the purpose.

There are exceptions, for kids who have missed a lot of school, or for kids on the cusp of a transition for whom a skill is critical to being in LRE the next year (e.g. a rising kindergartener who is almost toilet trained might get ESY services to finish toilet training). But most of the time ESY is to maintain skills.

We were denied ESY from FCPS for the first time ever this year. Child has had ESY for 7 years and is several grade levels behind. We appealed through the FCPS channels, but it was shot down in a three sentence email that did not address any of our concerns and just rubber stamped our school’s decision.

It’s so discouraging. FCPS seems to be trying most days, but it’s nowhere near what my kid needs. Hiring a lawyer seems to be the only option at this point.

Anonymous wrote:If this is part of the IEP then you need a lawyer.

+1 IEP Law is federal, you have rights beyond what the school wants you to think. Get the lawyer if you’re ever denied services.

They do such a terrible job with ESY, its basically just a huge eff you to kids and their families.

It isn't that the law forbids teaching. The point is that they are still working on the same IEP goals from during the school year rather than new goals. ESY is to maintain or ensure progress toward goals.

It isn't that the law forbids teaching. The point is that they are still working on the same IEP goals from during the school year rather than new goals. ESY is to maintain or ensure progress toward goals.

There is no federal law forbidding schools from teaching
During ESY. How absurd.

I've heard good things about Todd Ratner for Fairfax.

If this is part of the IEP then you need a lawyer.

Anonymous wrote:ESY is a waste of time my DC never learned anything

This. Most families never show up. If FCPS only offers a terrible program and during inconvenient weeks, they don’t have to worry about actually staffing it.

Anonymous wrote:

Anonymous wrote:ESY is a waste of time my DC never learned anything

Under federal law ESY isn’t allowed to teach anything except in rare circumstances. It is supposed to be just enough review to prevent loss of skills.

Citation please? This is not the case in FCPS.

Here are the federal and Virginia regulations.

Federal Regulations Implementing IDEA:
34 C.F.R.§ 300.106
(a) General
(1) Each school division must ensure that extended school year services are available as necessary to provide FAPE.
(2) Extended school year services must be provided only if a child’s IEP Team determines, on an individual basis, that the services are necessary for the provision of FAPE to the child.
(3) In implementing the requirements of this section, a school division may not –
12 According to the Virginia Regulations, FAPE begins at two years of age. 8 VAC 20-80-60 A.1.
11

(i) Limit extended school year services to particular categories of disability; or
(ii) Unilaterally limit the type, amount, or duration of those services.
(b) Definition. The term extended school year services means special education and related services that:
(1) Are provided to a child with a disability –
(i) Beyond the normal school year of the school division;
(ii) In accordance with the child’s IEP; and
(iii) At no cost to the parents of the child; and
(2) Meet the standards of the State Educational Agency.


The Virginia Regulations:

The Virginia Regulations have addressed ESY as follows:
8 VAC 20-80-60 I, Extended school year services
1. Each school division shall ensure that extended school year services are available as necessary to provide a free appropriate public education.
2. Extended school year services must be provided only if a child’s IEP team determines on an individual basis that the services are necessary for the provision of a free appropriate education to the child.
3. A local school division may not:
(a) Limit extended school year services to particular categories of disability; or (b) Unilaterally limit the type, amount, or duration of those services.

Anonymous wrote:ESY is a waste of time my DC never learned anything

Under federal law ESY isn’t allowed to teach anything except in rare circumstances. It is supposed to be just enough review to prevent loss of skills.

ESY is a waste of time my DC never learned anything

My DS doesn’t qualify for ESY but in talking to some of my friends whose kids do qualify, none of them have been denied a spot this summer and they don’t know anyone who’s been denied either. We’ll see what happens. These are all elementary kids and mostly preschool or early elementary. Don’t know if the situation is different for older students.

Similar to last summer, FCPS is having significant difficulty staffing ESY. ESY starts June 27th and as of today, they have only hired 72% of the teachers and 57% of the IAs. ((https://www.fcps.edu/academics/academic-overview/special-education-instruction/extended-school-year-esy-services)

My child has received ESY for several years. She has significant learning and physical needs and suffers severe regression without ESY. In the IEP meeting, the PSL said that they were basing their decision on my child's progress this quarter towards her annual goals.

We are working with an advocate and I understand that we could do a "stay-put" to keep ESY from the last signed IEP. However, I am curious as to if other families that traditionally get ESY are being discouraged or denied ESY. It makes sense that FCPS might try to do this in an attempt to address the ESY staffing problems, but maybe I am missing something.


Not trying to start a debate about hiring for ESY. I know it's a hard job and that the teachers should be paid more! I also know the quality of FCPS ESY leaves much to be desired.