Extended
School Year/Extended
School Day
by
Herbert D. Hinkle, Esq. and Ira Fingles, Esq.
Herbert D. Hinkle
Law Office
2651 Main Street
Lawrenceville, New Jersey 08648
(609) 896-4200 or (215) 860-2100
Many
children are entitled to an extended school year ("ESY"),
an educational program provided during the usual summer vacation.
Usually, this is because the child has "regression/recoupment"
difficulties. Over summer vacation, some children suffer regression
in their skills because they do not have services available to them.
Then, when the next school year starts, they spend their time making
up or "recouping" skills they had already mastered during
the previous school year. Thus, they are unable to make significant
educational progress year-to-year.
Both
Pennsylvania and New Jersey have recently updated their regulations
regarding ESY services. In Pennsylvania, a student is entitled to
an extended school year program if "regression caused by interruption
in educational programming and limited recoupment capacity, or other
factors, makes it unlikely that the student will attain or maintain
skills and behavior relevant to established IEP goals and objectives."
In New Jersey, a student is entitled to an extended school year if
(1) the student suffers regression in his skills during the summer,
and (2) recoupment of the lost skills cannot be expected in a reasonable
length of time. Despite the differences in wording, both states apply
essentially the same test, which is based on the federal special education
law.
Aside
from the regression/recoupment test, there can be other reasons to
provide an extended school year. For example, a student might become
socially withdrawn or depressed during the summer such that returning
to school is very difficult in the fall. Some children simply may
require the additional instructional time to master important skills.
In
addition, some children require services beyond the usual six-hour
school day. For example, students with behavioral difficulties often
require behavior management plans that extend beyond the regular school
day. As another example, a student with problems socializing might
need to participate in an after-school social skills group. There
are no specific regulations dealing with extended school day programs.
However, as with all other questions relating to the services provided
to children with disabilities, the length of a studentās school day
must be decided based upon the studentās individual needs. School
districts can be required to provide services beyond the regular school
day to a child with a legitimate need for them.
Copyright 2000
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.
