Common Q&A's ABOUT EXTENDED SCHOOL YEAR PROGRAMS AND SERVICES

QUESTIONS AND ANSWERS

1. Who is eligible for extended school year programs and services? The Committee on Special Education (CSE) must determine whether astudent requires extended school year special education services inorder to prevent substantial regression. Substantial regression would beindicated by a student's inability to maintain developmental levels dueto a loss of skill, set of skill competencies or knowledge during themonths of July and August. In accordance with Section 200.6 (j) of theCommissioner's Regulations, students must be considered for twelve-monthspecial services and/or programs to prevent substantial regression ifthey are:* Students whose management needs are determined to be highlyintensive and require a high degree of individualized attention andintervention and who are placed in special classes;* Students with severe multiple disabilities, whose programsconsist primarily of habilitation and treatment and are placed inspecial classes;* Students who are recommended for home and/or hospitalinstruction whose special education needs are determined to be highlyintensive and require a high degree of individualized attention andintervention or who have severe multiple disabilities and requireprimarily habilitation and treatment; students whose needs are so severethat they can be met only in a seven-day residential program; or* Students receiving other special education services who, becauseof their disabilities, exhibit the need for twelve-month special serviceand/or program provided in a structured learning environment of up to 12months duration in order to prevent substantial regression. Both quantitative and qualitative information should be reviewed by theCSE to substantiate the need for providing such services and programs. Astudent is eligible for a twelve-month service or program when theperiod of review or reteaching required to recoup the skill or knowledgelevel attained by the end of the prior school year is beyond the timeordinarily reserved for that purpose at the beginning of the schoolyear. The typical period of review or reteaching ranges between 20 and40 school days. As a guideline for determining eligibility for anextended school year program, a review period of eight weeks or morewould indicate that substantial regression has occurred.

2. What is the CSE's obligation to provide integrated extendedschool year programs and services for students whose IndividualizedEducation Programs (IEPs) must be implemented in integrated settings inorder for the student to benefit from the special education servicesneeded to prevent substantial regression?If a student's IEP specifies that special education services must beprovided in a setting with nondisabled peers in order for the student tobenefit from the special education services to prevent substantialregression, and the school district operates summer programs fornondisabled students, then the school district must provide methods formeeting the Least Restrictive Environment (LRE) requirements thatinclude, but are not limited to:* locating special classes in settings where nondisabled childrenattend during the summer; and* having students with disabilities interact with theirnondisabled peers to the greatest extent possible duringnon-instructional parts of the school day (e.g., during lunchtime forstudents attending full-day 9000 special classes).However, if a student's IEP specifies that special education servicesmust be provided in a setting with nondisabled peers in order for thestudent to benefit from the special education services to preventsubstantial regression, and the school district does not operate summerprograms for nondisabled students, then the school district must providealternative methods for meeting the Least Restrictive Environment (LRE)requirements. These include:* providing opportunities for participation (even part-time) inother summer programs operated by the school district or those availablein a neighboring district and in programs operated by BOCES;* providing special education services to students in approvedsummer school programs for nondisabled children that integrate childrenwith disabilities;* locating special classes in settings where nondisabled childrenattend during the summer; and* providing special education services to students in settingsthat the parent has arranged and pays for the child to attend. The CSEmust determine whether the student's IEP goals can be appropriately metat the setting identified by the parent and the district must ensurethat such programs are approved by a governmental agency to operate asummer program, and approved by local authorities for fire, health andsafely requirements.

3. Must the IEP for the extended school year program be identicalto the IEP developed for the school year program?An IEP developed for an extended school year program may differ from theIEP developed for the school year program. The Committee determines thetype and amount of services that a student needs for an appropriateextended school year program. The IEP developed for the extended schoolyear program should focus on the areas in which the student is expectedto experience regression. Extended school year programs or services may, at the recommendation ofthe CSE, be provided in a location that differs from one in which thestudent attends during the school year, provided that the CSE determinesthat the setting is appropriate for the student to benefit from thespecial education services and meet their IEP goals.

4. What programs and services can be recommended for July-August? A Committee should first determine if a student with a disability iseligible for an extended school year program. The IEP for theJuly-August program should indicate those areas where the student needsservices to prevent substantial regression. While some students withdisabilities require a continuation of their full-day 10-month programs,others may only require services in specified areas of development toprevent substantial regression. In order to provide the specific programs and services to meet thestudent's needs, a variety of program options can be considered. A CSEmay recommend any one of the following special education programs andservices as determined appropriate to the needs of the individualstudent:* related services at a site determined by the CSE including, butnot limited to, an approved summer school program*<http://www.vesid.nysed.gov/specialed/applications/esy/qa2008.htm#_ftn1>recreational program, or the student's home; or * specialized instruction in combination with related services asappropriate, provided by a certified special education teacher at a sitedetermined by the CSE including, but not limited to, an approved summerschool program, a community recreational or educational program, or thestudent's home; or * full or half-day**<http://www.vesid.nysed.gov/specialed/applications/esy/qa2008.htm#_ftn2>daily instruction in special class programs which may include relatedservices. (Home or hospital instruction may be required by some students inaccordance with Section 200.6 of the Regulations of the Commissioner.)

5. What is the required length of time that extended school yearprograms and services must be provided? The approved program providing half-day or full-day special classinstruction must operate for at least 30 days. However, the frequencyand duration of the special education programs and services provided toan individual student would be determined by the CSE and could be lessthan 30 days in duration.

6. If the CSE recommends the provision of specialized instructionand/or related services to be provided at summer recreational oreducational program in which the parent has enrolled the students, whois responsible for the fees to enroll the student in the program? Camping and recreational programs are not to be construed as extendedschool year special education programs and related services. Whilespecial education services identified on a student's IEP must be madeavailable as part of a free appropriate public education (FAPE), schooldistricts are not required to pay for the enrollment and other fees atsummer recreational or nonapproved educational programs in which theparents have enrolled their school-aged child. FAPE is defined asspecial educational related services that are provided at public expensein conformity with a student's IEP.

7. If a local school district recommends an appropriate integratedextended school year program for a student with a disability and theparent unilaterally places the student in another setting such as asummer camp program, must the school district make services available atthe other setting?No. The school district would have the option of providing therecommended extended school year program or making the servicesavailable at another setting.

8. Who can provide specialized instruction to students receivingextended school year services in settings other than approved specialclass programs? Specialized instruction can be provided by an appropriately certifiedspecial education teacher as a special education itinerant teacherservice and, in certain circumstances, as a consultant teacher service.For example, if specialized instruction is to be provided at the site ofa summer camp or recreational program or nonapproved educational programat which a student's parents/guardians have enrolled their child, theCSE could recommend specialized instruction provided by a specialeducation itinerant teacher.Some students who are eligible for extended school year services may bereceiving consultant teacher services during the school year to aid themin benefiting from regular education classes. Consultant teacherservices means direct and/or indirect services provided to a studentwith a disability who attends general education classes on a full-timebasis and/or to such student's general education teachers. In individualcases, it may be appropriate to continue consultant teacher services forthose students who attend approved summer school programs (8NYCRR 110).

9. Must transition services be provided as an extended school yearservice? For some students with disabilities, ages 15-21, transition services maybe required to prevent substantial regression. These activities mayinclude instruction, community experiences, related services,preparation for employment or other post-school living objectives and,when appropriate, the acquisition of adult daily living skills orfunctional vocational evaluation. A school district may establish formalagreements with other programs to obtain transition services such asvocational training programs approved by the Education Department oranother State agency.

10. What is the role of the paraprofessional in providing extendedschool year services? A teacher aide or a teaching assistant recommended on a student's IEPcan be provided only if a certified teacher provides the specialeducation instruction and the required supervision of theparaprofessional. Teacher aides may assist a certified teacher byperforming non-teaching duties otherwise performed by teachers (e.g.,assist students with behavioral/management needs, assist in physicalcare tasks). Persons hired as teacher aides may not perform the teachingduties of a general or special education teacher, even if they hold ateaching license or certificate.A teaching assistant may provide direct instructional services tostudents under the general supervision of a certified teacher. However,the duties and responsibilities of a teaching assistant do not includeacting as a primary instructor. As appropriate, a consultant teacher orspecial education itinerant teacher providing direct instructionalservices to a student could provide the required on-site supervision***<http://www.vesid.nysed.gov/specialed/applications/esy/qa2008.htm#_ftn3>of a teaching assistant for a student enrolled in a summer schoolprogram, a summer camp or a community recreation or education program.General supervision requires that certified teachers provide directionand guidance to teaching assistants concerning the direct instructionalservices they are providing to students.

11. Can the school district apply for reimbursement of the cost of ageneral education teacher employed by a public school or BOCES as aspecial education cost for services provided in an integrated setting?No. The school district will receive reimbursement only for the cost ofspecial education services provided by appropriately licensed orcertified staff to a student during the months of July and August. Forstudents attending approved summer school programs following Part 110 ofthe Regulations of the Commissioner, the district may include thestudent's attendance for purposes of State Aid.

12. How can the school district apply for State Aid reimbursementfor the provision of related services only or specially designedinstruction provided during extended school year programs?The Department is authorized to approve programs and to establish ratesfor all special services and programs provided during July/August, bothpublic and private. Therefore, any school district or agency that plansto operate a July/August program must first apply to the Department forapproval. Applications for programs serving school-age students can beobtained by going to:http://www.vesid.nysed.gov/specialed/applications/home.html. Foradditional technical assistance regarding the July/August extendedschool year application process, please call the Office of VESID/CentralOffice Administrative Support Services Team (COASST) at (518) 473-6108.Funding approval must be granted through the System to Account forChildren (STAC) for each eligible student who is to receive specialeducation and/or related services during July and August in order fordistricts to receive the correct amount of State Aid under Section 4408of the NYS Education Law. Questions regarding the filing of STAC formsmay be directed to the STAC and Special Aids Unit at (518) 474-7116.*<http://www.vesid.nysed.gov/specialed/applications/esy/qa2008.htm#_ftnref1> Approved summer school programs are those elementary, secondary andBOCES general education programs approved in accordance with Part 110 ofthe regulations of the Commissioner of Education.**<http://www.vesid.nysed.gov/specialed/applications/esy/qa2008.htm#_ftnref2> STAC forms for school-age students enrolled in a special class on ahalf-day basis should indicate half-time in item 11b.***<http://www.vesid.nysed.gov/specialed/applications/esy/qa2008.htm#_ftnref3> A certified teacher must provide periodic on-site generalsupervision of the paraprofessional. A paraprofessional may provideservices related to a student's IEP at times when the teacher is not atthe program site. However, the supervision must be accessible to theparaprofessional by telephone or other means during the time whenon-site supervision is not occurring at the program.