Extended
School Year Services
by
Herbert D. Hinkle, Esq.
Herbert D. Hinkle
Law Office
2651 Main Street
Lawrenceville, New Jersey 08648
(609) 896-4200 or (215) 860-2100
Many children
with disabilities are entitled to educational programs during the
summer. Such programs are known formally as "extended school year
programs" or "ESY" for short. Usually, a child will receive ESY services
because of the risk of serious regression.
While the requirement
for ESY services is based on federal special education law, Pennsylvania
and New Jersey take slightly different approaches in providing these
services. In Pennsylvania, a student is entitled to an ESY program
if "regression caused by interruption in educational programming and
limited recoupment capacity renders it unlikely that the student will
attain a level of self-sufficiency and independence from caretakers
that would be expected in view of the student's disability."
To reflect recent
changes in the federal law, New Jersey recently adopted a new standard
regarding when ESY services are required. A student is entitled to
such services if (1) the student suffers regression in his skills
during summer, and (2) recoupment of the lost skills cannot be expected
in a reasonable length of time.
Two cases litigated
by this office provide useful illustrations about how the law works
in both states.
Child "X" was
8 years old and had a diagnosis of autism. The Pennsylvania district
proposed a summer recreational program that would run three days a
week through most of the summer. The family challenged this, arguing
it was too unstructured to prevent regression. The hearing officer
agreed and required the district to assign a teacher to work with
the child five days a week.
In New Jersey,
a child with severe physical orthopedic difficulties was not offered
an ESY program. The family challenged this finding. The case settled
when the district agreed to provide a formal 5 week education program,
and home-based services during the month of August.
Many variations
are possible, and for some children, extended services might be needed
even during holiday breaks to prevent serious regression.
Copyright 1999
H.D. Hinkle. All rights reserved.
Mr. Hinkle maintains
a multi-state law practice with offices in Lawrenceville, Florham
Park, and Marlton, NJ, and Yardley, Pa. Mr. Hinkle and his colleagues
Ira Fingles, and Paul Prior lecture and write frequently on topics
of law, aging, and disability, and are available
to speak to groups in New Jersey and Pennsylvania
at no charge. Call (609) 896-4200.
