Special Education Tip – ESY Eligibility – 60-2017

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Rochelle’s Special Education Tips

Yes. No. Why?
ESY ELIGIBILITY

Often the IEP team answers “yes” to one of the ESY eligibility questions during the IEP team meeting, but then answers “no” to the very last question (Will the benefits that the student receives from his/her educational program during the regular school year be significantly jeopardized if the student is not provided ESY?) When the final answer is “no,” be sure to document “why” the answer is “no.” Why won’t the benefits be jeopardized? Do not repeat the conclusion (that the benefits that the student will receive from his/her educational program will not be significantly jeopardized). That tells the reader nothing. For instance, if there are significant behaviors, which is one of the ESY factors, but ESY services will not positively impact the extinguishing of these behaviors, state that conclusion and on what facts you are basing this conclusion. It could be that ESY services were previously provided and were not beneficial in any way.

Also, if the parent states up-front that the family is not interested in ESY services, you must still go through the ESY section and answer the ESY questions. It may be an exercise in futility, and you may be annoying everyone at the meeting, but you must still discuss ESY at the meeting and answer all of the questions. It’s the law.

Rochelle’s Special Education Tips (“Tips”) are designed to be helpful and thought provoking, but should not be considered legal advice as they may not be accurate for use in all situations. Tips are based on my opinions and positions in accordance with federal and Maryland law and my over 35 years of experience in the special education legal field. – Rochelle S. Eisenberg, Esquire

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