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How to Read an IEP: West Virginia

Understanding Extended School Year & Transition Services and Planning

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West Virginia IEP Guide: Transition Services and Plan

West Virginia IEP Guide: Extended School Year

What is extended school year (ESY)?

ESY is summer school for students with disabilities. Typically, programs will run on a half day schedule for one month over the summer– something like nine to noon, Monday to Thursday.

Qualifying for ESY is a team decision but the criteria should be whether the student will regress over summer without IEP services. 

In general, the only students who qualify for this are students with more significant needs for whom a break without school can cause significant regression. This might be a child with Autism who without the routine of school over the summer will have a lot of challenges managing in the fall or a child with really, really significant learning challenges who will regress over the summer. Only a small fraction of students typically get ESY– although any parent can request it and see what happens.

ESY is taught by whoever the district can find and generally consists of activities like making ants on a log and recess with a lot of supported communication from a speech pathologist. So don’t expect it to be like a hard hitting summer school– it’s a routine of going to school made as fun as the staff can pull off. 

Where in the IEP is ESY?

Sometimes there is an ESY box on the special factors page. If not, it can literally be anywhere in the IEP. To be annoying, most districts don’t spell out ESY and the page never states that it is extended school year. If you think your child needs it, hunt for it. If not, ignore it.

How does ESY vary across districts and states?

Extended school year is part of IDEA. That means that every single district in the United States is required to offer it. Some try to hide it and will never mention it and some will offer it readily– and some have programs so bad it is a waste of your child’s time. But all of them are legally required to have an ESY program. However, there is no rule about what ESY needs to look like, how many days per week it needs to meet, or how many hours per day. ESY has to exist under the law– but everything else from who goes to how long it is to what happens during it (other than the delivery of basic IEP services) can vary widely across districts and states. 

What does the IDEA law say about ESY?

The Individuals with Disabilities Education Act says that students with disabilities should be able to receive services beyond the school year if the student needs it as part of their free and appropriate education– and districts can’t put limits on who gets ESY by things like disability category.

What IDEA says in 34 C.F.R. § 300.106: 

300.106 Extended school year services.

(a) General.
(1) Each public agency must ensure that extended school year services are available as necessary to provide FAPE, consistent with paragraph (a)(2) of this section.
(2) Extended school year services must be provided only if a child’s IEP Team determines, on an individual basis, in accordance with §§300.320 through 300.324, that the services are necessary for the provision of FAPE to the child.
(3) In implementing the requirements of this section, a public agency may not—
(i) Limit extended school year services to particular categories of disability; or
(ii) Unilaterally limit the type, amount, or duration of those services.
(b) Definition. As used in this section, the term extended school year services means special education and related services that—
(1) Are provided to a child with a disability—
(i) Beyond the normal school year of the public agency;
(ii) In accordance with the child’s IEP; and
(iii) At no cost to the parents of the child; and
(2) Meet the standards of the SEA.

This IEP comes from the West Virginia department of education. See the full IEP here. 

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PART III A: EXTENDED SCHOOL YEAR (ESY) DETERMINATION

Will ESY be considered while developing this IEP?
☐ Yes  ☐ No (for gifted only)

The IEP Team in making its determination of a student’s need for ESY shall review documentation that the student exhibits, or may exhibit:

  • Significant regression during an interruption in educational programming;

  • A limited ability to recoup, or relearn skills once programming has resumed;

  • Regression/recoupment problem(s) that interfere with the maintenance of identified critical skills as described in the current IEP; and

  • Other factors that interfere with the maintenance of identified critical skills as described in the current IEP, such as predictive data; degree of progress; emerging skills and breakthrough opportunities; interfering behaviors; nature and/or severity of the disability; and special circumstances.

(The lack of clear evidence of such factors may not be used to deny a student ESY services, if the IEP Team determines the need for such services and includes ESY in the IEP.)

Does the student need extended school year services?
☐ Yes  ☐ No  ☐ Defer until: ________________________________

PART III B: EXTENDED SCHOOL YEAR SERVICES

ESY ServicesLocation of ServicesExtent/Frequency ___ per ___Initiation Date m/d/yDuration m/y
     
     
     
     

After review of the proposed extended school year services, the parent(s)/guardian(s)/adult student:
☐ accepts extended school services.
☐ rejects extended school services.

What do I look for in the IEP to know if it is good?

If the child qualifies for extended school year, there needs to be a box checked on the IEP and information entered about what goals will be worked on. If you want your child to get something out of ESY, prepare to be organized. ESY teachers are almost never the regular school year case managers and ESY programs are infamously disorganized. You will want a copy of your child’s IEP and, if possible, a binder of stuff for them to work on that you can hand deliver to the ESY teacher. For real. Sometimes it takes all of ESY for the teacher to get access to the IEP. I subbed a month once and never got IEPs. I used to hand deliver all of my students’ IEPs to their ESY teachers along with every piece of work I wanted them to do over the summer– and they prayed they would do at least a fraction of it.

Note that it is up to the team if a student will qualify. The criteria is supposed to be whether a student will regress but a lot of students who regress academically over the summer will not be offered ESY– districts tend to focus on students with significant communication or social needs. If you want your student to have ESY, push for it! But you also need to know that you aren’t getting credit recovery summer school or services with your child’s case manager– you are most likely getting something much more laid back!

When and how should I get help?

It depends on who you are. If you are a parent, you have the right to show the IEP to anyone you want to get their thoughts on it– and the right to bring someone who has “knowledge or special expertise regarding the child” to the IEP meeting. To learn more about parents’ rights in IEP, visit our page on the rights hidden inside district procedural safeguards.

If you are a teacher at the school and are worried about the quality of the IEP goals, feel out the case manager. If you hit resistance, try meeting with a service provider at the school an administrator, or a special education teacher that you are more comfortable with– but try the case manager first to get a sense of what is going on.

Here is what IDEA says in 34 C.F.R. § 300.321(a)(6) about bringing people to meetings:

‘‘(vi) at the discretion of the parent or the agency,
other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and
What are the disclaimers?

This website is not a lawyer or an educational advocate. Nothing on this site is, nor is intended to be, legal advice. The information here is for informational purposes only. 

If you are worried about your student or child’s IEP, please reach out to a real, live human.

Many law schools have free educational law clinics for special education. Many larger districts employ ombudsmen to bridge the gap between parents and schools. Many regions and states have parent centers that can help parents connect to other parents and find resources in their community. All of those are free, as is talking through the paperwork with a friend. Educational advocates are often paid professionals with special expertise who can also help. While we are happy to address general questions about the IDEA law or IEP process, please note that any communication via email is for informational purposes only and cannot be treated as legal advice. You can email questions to rose@spedhelper.org.

What are transition services and plans?

This is the part of the IEP where the team discusses the student’s plan for transitioning from high school into higher education or employment. Generally, this section is either blank or missing entirely from IEPs for younger students but, beginning at age 16, it is a required part of students’ IEPs and will appear in all high school students’ IEPs. In this section, the team has to list what the student’s goals are for after high school, how they will get there, and any transition specific services they need. It also often includes the courses a student will take throughout high school, with a list of the courses they expect to take each year and how many credits they need for graduation.

Where in the IEP are transition services and plans found?

Varies widely! You might not even see it in younger students’ IEPs. It is always labeled transition but can be literally anywhere in an IEP.

How does transition planning vary across states and districts?

So much! The placement can vary and how the questions are phrased– and whether it appears on younger students’ IEPs at all. All districts will have both evidence of transition assessments and goals for older students, but the phrasing of them can vary a lot!

What does the IDEA law say about transition planning?

The Individuals with Disabilities Education Act says the IEPs need to include goals for life after high school and supports to help students get there for students who turn 15 or older during the course of their IEP. 

What IDEA says in 34 C.F.R. § 300.320(b)

(b) Transition services. Beginning not later than the first IEP to be in effect when the child turns 16, or younger if determined appropriate by the IEP Team, and updated annually, thereafter, the IEP must include—
(1) Appropriate measurable postsecondary goals based upon age appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills; and
(2) The transition services (including courses of study) needed to assist the child in reaching those goals.

This IEP comes from the West Virginia department of education. See the full IEP here. 

PART VI: TRANSITION PLANNING

(For students beginning no later than the first IEP to be in effect when the student is 16, or younger if appropriate)
(Refer to Policy 2419, 2510, and IEP instructions)

Age of Majority
The student and parent have been informed of the transfer of educational rights that will occur on reaching age 18
☐ Yes  ☐ No  Date ________________
Student Initials ________________ Parent/Guardian Initials ________________
NOTE: Age of Majority brochure is available on the WVDE website.

Transition Planning Considerations:
How were the student’s preferences and interests considered?
☐ Student interview/survey  ☐ Interest inventory  ☐ Parent interview/survey  ☐ Functional vocational evaluation

Transition Assessments Reviewed (specify):

The student’s educational program will lead to a:
☐ standard diploma  ☐ alternate (modified) diploma
NOTE: Alternate (Modified) Diploma brochure is available on the WVDE website.

Appropriate measurable postsecondary goals based upon age appropriate transition assessments:

  1. Education/Training Goals:

  1. Employment Goals:

  1. Independent living skills goal(s) (if appropriate):

Select one of the following Career Clusters:

☐ Agriculture, Food and Natural Resources
☐ Architecture and Construction
☐ Finance
☐ Business Management and Administration
☐ Education and Training
☐ Hospitality and Tourism
☐ Government and Public Administration
☐ Health Sciences
☐ Law, Public Safety, Correction and Security
☐ Human Services
☐ Information Technology
☐ Science, Technology, Engineering and Mathematics
☐ Manufacturing
☐ Marketing
☐ Cluster Undetermined (Option for Grade 7 or below)
☐ Transportation, Distribution and Logistics
☐ Arts, A/V Technology and Communication

Specify the program of study that aligns with the career cluster the student selected:

Select one of the following program of studies which aligns with the student’s chosen career cluster and provides the best option for success in the global workplace and postsecondary education:

☐ State-Approved Career and Technical Education (CTE) Program of Study
is an approved sequence of four CTE courses which align to a CTE cluster and pathway, impacts state economic labor market needs as verified by Workforce data and leads to an industry-recognized credential or certificate or opportunity for continuing into postsecondary level education. Students must be capable of passing 100% of the safety exams for the respective program of study.

☐ State-Approved Individual Work Readiness Competencies (IWRC) – Prerequisites: Before selecting IWRC, students must have initially selected the State-Approved (CTE) Program of Study option; completed at least two CTE courses in their chosen area of career interest; passed ALL safety exams; demonstrated the ability to acquire basic/core CTE skills at an entry level; were unable to master ALL of the required skill sets associated with their state-approved CTE program of study.
IWRC is an approved sequence of four CTE courses which align to a CTE cluster and pathway that provides students with a current IEP the opportunity to gain valuable work readiness through a CTE program of study. Students demonstrate the necessary skill sets for entry level support jobs in a specific occupational area. Students must be pursuing a standard diploma and be capable of passing 100% of the safety exams for the respective program of study.

☐ State-Approved Career Integrated Experiential Learning (CIEL)
a CTE program of study that provides opportunities for students to test for multiple nationally recognized certifications while earning credit for relevant job-readiness skills. CIEL can only be initiated at the Office of Diversion and Transition. CIEL credits will transfer to the receiving high school allowing for the continued enrollment for graduation credit.

☐ Locally Developed Career and Technical Education (CTE) Program of Study
is a locally approved sequence of four CTE courses which align to a CTE cluster and pathway, impacts a local economic labor market need as verified by local advisory council and leads to an industry-recognized credential or certificate or opportunity for continuing into postsecondary level education.

☐ Locally Developed Personalized Program of Study
is a locally approved sequence of four courses which align to a career cluster and a program of study that could lead directly to an industry-recognized certificate or license or credit-bearing academic college courses. Best practice would be to encourage college bound students to take at least 1 (one) AP and/or AC course with corresponding examination, a fourth science or computer science credit, and 2 credits in one world language.

☐ Locally Developed Community Ready Program of Study
is a locally approved sequence of four courses which align to a career cluster that will lead to placement in entry-level support jobs or workforce training programs.

☐ Undetermined – Option for Grade 7 or below

Specific course selections must be documented in the student’s Personalized Education Plan (PEP) in collaboration with the school counselor, teachers, advisors and parent/guardian. A copy of the PEP must be kept with student’s IEP.

 
What do I look for in the IEP to know if it is good?

These are pretty all over the place! Generally, you want to see that there was an age appropriate transition assessment where the student was asked about what they want to do after high school. You should also see measurable transition goals. These are often something like the ones in the Arizona sample IEP; “1. Kyra will meet with Vocational Rehabilitation Services before she graduates to develop a career and independent living plan. 2. Kyra will apply to rent an apartment so that she may live independently. 3. Kyra will enroll in Mohave Community College to get her basic requirements for an AA degree.” You should see that there is both a current assessment and meaningful goals related to that assessment. 

Teachers, the only thing to look for here is the student’s goal. It gives you a sense of what the student is planning after high school– which can tell you what the student is into and whether college is in the picture or not.

When and how should I get help?

It depends on who you are. If you are a parent, you have the right to show the IEP to anyone you want to get their thoughts on it– and the right to bring someone who has “knowledge or special expertise regarding the child” to the IEP meeting. To learn more about parents’ rights in IEP, visit our page on the rights hidden inside district procedural safeguards.

If you are a teacher at the school and are worried about the quality of the IEP goals, feel out the case manager. If you hit resistance, try meeting with a service provider at the school an administrator, or a special education teacher that you are more comfortable with– but try the case manager first to get a sense of what is going on.

Here is what IDEA says in 34 C.F.R. § 300.321(a)(6) about bringing people to meetings:

‘‘(vi) at the discretion of the parent or the agency,
other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and
What are the disclaimers?

This website is not a lawyer or an educational advocate. Nothing on this site is, nor is intended to be, legal advice. The information here is for informational purposes only. 

If you are worried about your student or child’s IEP, please reach out to a real, live human.

Many law schools have free educational law clinics for special education. Many larger districts employ ombudsmen to bridge the gap between parents and schools. Many regions and states have parent centers that can help parents connect to other parents and find resources in their community. All of those are free, as is talking through the paperwork with a friend. Educational advocates are often paid professionals with special expertise who can also help. While we are happy to address general questions about the IDEA law or IEP process, please note that any communication via email is for informational purposes only and cannot be treated as legal advice. You can email questions to rose@spedhelper.org.

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Author and Vetted by Rose Sebastian, EdD. Founder of Spedhelper. Special education expert specializing in IDEA-compliant IEP development.
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