FACTS/LRE Information Sheet on Extended School Year

--Traditional

As states and communities, early intervention programs, local school districts, Head Start programs and others attempt to build a comprehensive system of services for young children with special needs, it becomes apparent that the current system allows for some lapses in services and leaves some children vulnerable. Team members writing an interagency agreement to secure uninterrupted services for children turning age three often come to an impasse when a child's birthday occurs in the summertime or shortly before school ends. Here are some facts and suggestions for your team as you attempt to cross what, for some, has been too "wide" of a lapse--a delay in services where some children and families languish. Other service providers have found ways to implement policy and pool resources so that these children and families don't have to wait needlessly for vital services.

How The Law Helps

Section 679 of IDEA, 20 U.S.C. 1479, has been amended to allow Part H funds to be used to provide a free and appropriate public education (FAPE) in accordance with Part B to children with disabilities from their third birthday to the beginning of the following school year. This provides states the flexibility to use Part H funds to provide FAPE to 3-year-old children with disabilities during the summer. Has your state decided to take advantage of this option?

(On a similar matter, under section 619 (b) (1) (B) of IDEA, 20 U.S.C. 1419 (b) (1) (B), states also have the option to use Preschool Grants funds to provide FAPE for those 2-year-old children with disabilities who will reach age 3 during the school year. This option may be particularly useful when a child's third birthday falls shortly after the school year begins.)

It should also be noted that when children with disabilities reach their third birthday during the summer, some necessary personnel may not be available. Therefore, the State's transition system should take this into account by providing methods to assure that the meeting held at least 90 days prior to the third birthday occurs while necessary personnel are available. The IEP or IFSP (yes, the IFSP can be used in this instance!) developed for a child who will reach age 3 during the summer would specify the child's program upon the third birthday, including extended school year (ESY) services, if needed by a particular child to receive FAPE. If ESY services are not needed to provide FAPE, the date of initiation of services could be the beginning of the upcoming school year (OSEP Memorandum #14, April 1, 1993).

Addressing the ESY in the Interagency Agreement

How have various communities addressed ESY services when writing the interagency agreement on transition? Here are some examples:

An Illinois County--If a child turns 3 after April 1 and before September 1, and if a school system is unable to provide the level of service deemed appropriate by the team due to lateness in the academic year and the fact that school is not in session during the summer, the sending agency (i.e. early intervention) agrees to provide supportive services. The receiving agency (i.e. the local educational agency) agrees to provide in-kind services determined relevant to the team (e.g. space, auxiliary staff, partial or full funding).

A Washington State County--Those children who will turn three after April 1st will continue to receive early intervention services from their current program provided funding is available. These children will begin receiving special education services from the school district the first day of school in the fall.

When writing this portion of the agreement, all parties should discuss current practice regarding ESY and creative ways for delivering services when ESY is deemed necessary.

Creative Solutions

Although the actual decision about where ESY services are delivered is up to the decision-makers on each child's IEP team, many transition teams writing interagency agreements discuss creative options for where ESY services can occur. In certain communities, Head Start, private preschools, day care, park district programs, YMCA and YWCA programs, and summer day camps have been discussed as possible places to deliver ESY services. Brainstorming on this issue has provided some communities with more placement options than they originally thought they had. Creative collaborations between EI and ECSE also occur when resources and personnel are shared in new ways. The interagency agreement team can take this opportunity to think about seamless delivery system unique to their circumstances and envision better ways so that "the water isn't wide."

-Michael W. Wischnowski
FACTS/LRE Consultant
State University of New York at Geneseo

April 12, 1999
Send comments to FACTS/LRE Webmaster.