Monday, January 30, 2012

I am looking for advice on requesting ESY on my sons IEP. He has a PDD-NOS diagnosis.?

My son is 7 and is just completing 1st grade. He has had an IEP since kindy. He also has a heart defect which requires PT and OT. I am requesting ESY for this summer. Because of his Aspergers Syndrome he has a difficult time interacting with his peers and difficulty with social skills in general. He has a rule book in school to help him remember the rules and he does get social skills classes in school. The IEP acknowledges that he needs "daily help with social skills training in large group settings" and that he "has a difficult time interacting with his peers." However, they have denied the ESY. Basically siteing no regression or recoupment. They offered my a 1 week summer camp for kids with Aspergers but made it clear it was not ESY..just a sign of "good faith" because they realize he is in need of social skills help. I guess my question is are there state wide criterion for writing an IEP or does it differ by state? We are in Pa. On what grounds can I argue this?I am looking for advice on requesting ESY on my sons IEP. He has a PDD-NOS diagnosis.?
Here's a link to the PA Education code regarding ESY

http://www.pacode.com/secure/data/022/ch鈥?/a>



Here's a good link from Wrightslaw regarding ESY. There are caselaw examples, as well as the federal IDEA regulations.

http://www.wrightslaw.com/info/esy.index鈥?/a>
Whenever a school refuses something for a child who has an IEP plan, they have to give the parent 'prior written notice'.

The school has to have LEGAL reasons for refusing the ESY.



If a school makes decisions ILLEGALLY, When parents request this, the school will magically change their mind and grant your request because they will NOT put illegal reasons in writing.



Write to district sped director requesting prior written notice of refusal of ESY.



Here's a link about it to show you how it MUST be written -



http://idea.ed.gov/download/modelform2_P鈥?/a>



'good faith' LOL what a crappy way of getting out of their federal duties .I am looking for advice on requesting ESY on my sons IEP. He has a PDD-NOS diagnosis.?
Well the best thing to do is ask for their data that they are basing their decision on that there is no regression and recoupment.

www.wrightslaw.com talks about 7 criteria school districts can consider when determining if a child qualifies for ESY. Regression an recoupment is just one of the criteria. Honestly school districts usually offer a couple different summer school programs. 1 is a remedial academic program for general education students who are behind. 2. is a special education summer school program typically for kids with moderate to sever disabilities who need more practice to not loose skills. You could ask about regular summer school although your child might not need the remedial academic work, but perhaps being around typical peers in a structured setting is important. School typically don't have social skill programs running through the summer so it is difficult to create something for 1 child. I am actually impressed they offered you a week of camp. Ask for data decisions are being made on 2. research available summer school options for all district children to see if anything would make sense for your son to participate in. With budget cuts even some of these program here are being cut. Good luck.
He should qualify for Speech therapy services as well...I am a Speech-Language Pathologist and we cover these areas....I am looking for advice on requesting ESY on my sons IEP. He has a PDD-NOS diagnosis.?
I have a spectrum son the same age as well and he always qualifies based upon

degree of impairment or

breakthrough skills

ESY eligibility is determined at the IEP. Did you sign the IEP? I never sign until I get some compromise and see the minutes and report (I make them e-mail me). I always request more than I expect to get to make it seem like I am compromising

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