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Advocating for Extended School Year Services for Your Child with Autism

My 3-year-old son with autism needs ESY due to regression, but the school denied it. How can I effectively advocate at mediation?

📌 What is Extended School Year (ESY)?

ESY services help students with disabilities maintain progress during school breaks. They are not for new learning but to prevent significant skill regression that would take an extended time to recover.


🛠️ Steps to Effectively Advocate for ESY

1️⃣ Gather Evidence of Regression

📌 The school bases its decision on their data, but you can provide your own evidence:
✔️ Home Documentation: Track skills lost over weekends, holidays, or breaks.
✔️ Videos & Work Samples: Show progress before and after breaks.
✔️ Therapist & Provider Reports: Ask your child’s private therapists for written statements on skill loss.
✔️ IEP Progress Reports: Highlight specific goals where regression is occurring.


2️⃣ Know Your District’s ESY Policy

📌 Each district has specific ESY guidelines—find out what criteria they use.
✔️ Request a copy of the district’s ESY policy before mediation.
✔️ Research state and case law on ESY decisions.


3️⃣ Strengthen Your Argument in Mediation

📌 Clearly explain why your child qualifies under the law:
✔️ Regression & Recoupment: Show that without ESY, your child loses skills and takes too long to regain them.
✔️ Emerging Skills: If your child is at a critical learning point, stopping services may cause setbacks.
✔️ Severe Disability Impact: If your child’s autism significantly affects learning, ESY may be necessary.


4️⃣ Bring a Support Person to Mediation

📌 Having another person (e.g., an advocate, lawyer, or private therapist) can provide:
✔️ Credibility to your claims.
✔️ Legal or professional support in presenting evidence.


⚖️ Final Tips for Mediation Success

✅ Stay calm, focused, and data-driven.
✅ Insist that ESY decisions be based on individual need, not budget constraints.
✅ If denied again, consider filing a due process complaint or reaching out to a special education attorney.

💡 Tip: Your child has the right to a Free Appropriate Public Education (FAPE)—if ESY is necessary to maintain progress, the school is legally obligated to provide it! 🏫✅