By: Hinkle, Fingles & Prior, P.C., Attorneys at Law

The most common factor in determining whether a child needs an extended school year (“ESY”), is the regression / recoupment calculus. If a child will likely regress during the summer in either the academics or skills learned or currently emerging, because of a gap in education and related services, or if recovering the skills at the level previously demonstrated would take so long it would prevent further progress in the coming school year, then an ESY should be provided. However, regression / recoupment is not the only factor that should be considered. Additional factors include:

  • The severity of the student’s disabilities
  • Whether the child mastered the goals of his or her IEP during the preceding school year
  • Whether the student is on the verge of mastering a critical skill at the end of the school year
  • The extent to which skills being worked on at the end of the school year are necessary for the child to participate in the general education curriculum during the following year
  • The overall importance of the skills being worked on at the end of the school year to the student’s ability to become independent and self-sufficient by the time of graduation

The extent to which repeated interruptions in educational programming may negatively impact the student’s willingness to continue in the educational process.

ESY decisions can be imperative to your child’s educational and developmental progress. For more information on how to exercise and protect these rights, contact us. You may also use the workshop request form on our firm’s website to schedule a free workshop at your school or organization.

Published on Apr 27th, 2015. © Copyright 2015 Hinkle, Fingles & Prior, P.C., Attorneys at Law. All rights reserved.
For more information, contact us now. You may also use our contact form to schedule a free workshop at your school or organization. Comments and suggestions for future articles are welcome.

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Hinkle, Fingles, & Prior, P.C., Attorneys at Law is a multi-state law practice with offices in Lawrenceville, Cherry Hill, Florham Park, and Paramus, New Jersey, and Plymouth Meeting and Bala Cynwyd, Pennsylvania. The firm's partners and associates lecture and write frequently on topics of elder law, estate planning, special needs trusts, guardianship, special education, health care insurance & Medicaid, and accessing adult services, and are available to speak to groups in New Jersey and Pennsylvania at no charge. For more information, visit http://www.hinkle1.com/ or call (609) 896-4200, or (215) 860-2100.