Frequently Asked Questions

December 2025 - Extended School Year (ESY)

1. What is Extended School Year (ESY)?

Extended School Year services are specialized instruction and related services provided to students with disabilities beyond the traditional school calendar. ESY is a continuation of your child's current educational program, not a separate summer school program. For example, summer 2025 ESY services are part of the 2025-2026 school year.

It's important to understand that ESY is quite different from the district’s summer school program. Summer school serves as a general education enrichment or credit recovery program open to all students. In contrast, ESY is an individualized special education program designed to meet the unique needs outlined in a student's IEP. If an IEP team determines that ESY services are necessary for a student to receive a Free Appropriate Public Education (FAPE), the school district is legally obligated to offer them.

2. How does my child qualify for ESY services?

ESY eligibility must be determined on an individual basis using current data and evidence specific to your child. Decisions cannot be based on disability category, grade level, or blanket district policies. Your child may qualify for ESY if assessment data demonstrates one or more of the following:

• Disproportionate Regression: Your child experiences substantially greater skill loss during instructional breaks compared to typical learners, and these losses create meaningful barriers to educational progress.

• Prolonged Recoupment: Your child requires an unusually extended period to regain previously mastered skills following breaks, which interferes with accessing grade-level curriculum or making meaningful progress.

• Critical Skill Development: Your child is approaching mastery of an essential skill—such as reading fluency, functional communication, or behavioral self-regulation—and interrupting services would result in a significant setback or loss of educational benefit.

• Unique Circumstances: Individual factors such as medical conditions, mental health needs, absence of comparable services outside the school setting, or documented patterns from previous school breaks indicate a need for continuous services.

3. What do ESY services include, and who determines the scope?

The IEP team, which includes you as the parent, collaboratively determines which goals and services require ESY support. This decision-making process mirrors the annual IEP process: each goal and service area is reviewed individually to determine whether ESY is necessary in that area and what level of service your child needs to receive FAPE.

ESY services must be tailored to your child's individual needs rather than fitting into a predetermined district program or formula. If your district claims "we don't offer Adapted Physical Education during ESY" or "we automatically provide half the regular service minutes because ESY is half-day," they are not complying with federal law requiring individualized consideration of your child's needs.

4. How many days of ESY should my child receive? Is there a California requirement for 20 days?

While federal special education law does not specify a minimum or maximum number of ESY days, California Education Code establishes that districts must offer at least 20 instructional days to claim state funding for ESY attendance. However, this funding requirement does not mean every student automatically receives exactly 20 days, nor does it create a 20-day ceiling.

The IEP team determines the appropriate number of days and hours for each student based solely on what that individual child needs to receive FAPE. Some students may require fewer than 20 days; others may need significantly more. The decision must be driven by your child's data and needs, not district funding formulas.

5. Why do schools request ESY decisions in January? Can I wait for more data?

Many California school districts encourage families to commit to ESY decisions as early as January or February. This pressure stems from administrative concerns about staffing, scheduling, and budgeting rather than any legal requirement. ESY positions are notoriously difficult to fill, and districts prefer early commitments so they can secure qualified teachers, aides, and specialists before staff make other summer plans.

From an educational standpoint, January is usually premature for making informed ESY decisions because:

• Insufficient progress monitoring data has been collected for the current school year

• Only one extended break (winter) has occurred, making it difficult to establish reliable regression and recoupment patterns

• Your child's skills and needs may change substantially between winter and spring

• Decisions made this early often rely on speculation rather than concrete evidence

As a parent, you have the right to request that ESY discussions be postponed until adequate data is available. You might say: "We need more current data and progress monitoring information to make an informed ESY decision. I'd like to schedule this discussion for spring, after we've had additional time to observe my child's patterns and collect evidence."

Remember that the timing of ESY determinations, like the ESY decision itself, must be individualized to meet your child's needs and based on sufficient evidence.

If you have any questions regarding your child’s ESY program, or want expert support at your IEP meeting, we are here for you!

November 2025 - Behavior & Mental Health Support

1.What is a Functional Behavior Assessment?

An FBA (Functional Behavior Assessment) is a systematic way of figuring out why your child is engaging in a particular challenging behavior. Think of it as detective work - if your child is having meltdowns, hitting, or refusing to cooperate, an FBA helps identify what's triggering these behaviors and what your child is getting out of them (i.e., what the function of the behavior is).

There are generally three functions for behavior:

• Positive reinforcement – gaining something the child wants/needs. (Current research uses a four-function framework that separates positive reinforcement into the two categories of access to tangibles and attention.)

• Negative reinforcement – avoiding or escaping from an aversive (something the child doesn’t like)

• Automatic or Self-reinforcement – sensory stimulation via “stimming”, proprioceptive input (pressure), or vestibular input (movement).

The FBA typically involves observing your child in different settings, talking with parents and teachers, and collecting data to understand patterns. The goal is to answer questions like: Does this behavior happen when your child is tired, overwhelmed, seeking attention, trying to avoid something difficult, or wanting access to something they can't have?

Once the team understands the "why" or function behind the behavior, they can create a proactive plan that addresses the root cause of the behavior rather than just reacting to the behavior itself. For example, if a child is acting out to avoid difficult tasks, the plan might include breaking tasks into smaller steps or teaching them to ask for help appropriately.

2. How do I know if my child needs an FBA?

If your child's behavior is interfering with their learning or the learning of others, and current strategies aren't working, it might be time to request an FBA. Warning signs include: repeated behavioral incidents at school, repeated calls to pick them up early, suspensions or threats of suspension, teachers reporting the same issues without improvement, or your child struggling with self-regulation despite consequences or rewards. In California, while FBAs are not automatically required (the Hughes Bill was repealed in 2013), the IEP team must still consider positive behavioral interventions and supports when behavior impedes learning. You don't need to wait for things to get worse, if behavior is a barrier to education, request the assessment in writing.

3. Can the school refuse my request for an FBA?

In California, an FBA is legally considered an “evaluation” as they are conducted to determine the special education services a child needs. The school can refuse your request, but they must provide you with Prior Written Notice explaining why. If your child's behavior is significantly impacting their education, the refusal may not be appropriate. If you disagree with a refusal, you can file a state complaint or request mediation. Document all of your behavioral concerns thoroughly to support your request.

4. What's the difference between counseling as a related service and just having the school counselor “check in” with my child?

Counseling as a related service is written into the IEP with specific goals, frequency, and duration (for example, "30 minutes of individual counseling twice per week"). I Progress is monitored and reported just like with academic or other goals. A school counselor "checking in" is informal, not guaranteed, and does not meet your child's legal entitlements if counseling is a need. If your child needs consistent mental health support to access their education, it should be a formal IEP service, not a casual arrangement. Under California Education Code, you do not need an "Emotionally Disturbed" eligibility to receive counseling services - any student whose emotional needs affect their education can receive these services.

5. What is the difference between Counseling services and ERMHS or ERICS?

Counseling services in an IEP are considered a Related Service under IDEA. These services are provided to help students benefit from their special education program and address social-emotional needs that impact their learning. Counseling may be provided by school counselors, social workers, or psychologists, and focus on helping the student access and benefit from their educational program.

Educationally Related Mental Health Services (ERMHS) are more intensive mental health services available under California law (AB 3632/AB 114) for students with significant emotional or behavioral challenges. Some districts use the term ERICS (Educationally Related Intensive Counseling Services) instead of ERMHS, but they refer to similar intensive services.

The IEP team determines whether counseling or ERMHS/ERICS is appropriate based on the severity, impact, and intensity of the behaviors. Need for ERMHS/ERICS is determined by an assessment and clinical recommendation, whereas counseling services can be added to the IEP based on team recommendation without additional assessment.

If your child needs support with everyday challenges like making friends or managing stress, regular counseling services may be sufficient. If your child has more significant mental health needs that substantially impact their ability to learn, ERMHS/ERIC services may be necessary.

October 2025

1.How often will we have IEP meetings?

IEPs are reviewed at least once a year; those are informally referred to as “Annuals”. Parents may request a meeting at any time if concerns arise. If you request a meeting, the district must hold it within 30 calendar days (excluding school breaks of more than 5 days). Students must also be reevaluated at least every three years, called “triennials” or “re-evaluations”, unless the team agrees otherwise. Assessments can also be conducted, with mutual consent, as needs or requests arise

2. Can I bring someone with me to the IEP meeting?

Parents may bring an advocate, attorney, friend, or family member with them for support. Many parents find it helpful to have someone take notes or provide another perspective. If you have an attorney, they are aware they must provide the district with notice of representation and notification that they will be attending the meeting. Most districts require a district-level administrator to attend meetings when an advocate is present and require a district-level administrator and/or the district’s own attorney to attend meetings when the parent’s attorney is attending.

3. What does “least restrictive environment (LRE)” mean?

LRE means children with disabilities should learn alongside non-disabled peers to the greatest extent appropriate, while still receiving the services and supports they need. The exact setting depends on each child’s individual needs. In short, a child’s LRE is the least restrictive setting in which they can access and meaningfully benefit from their educational program with the supports noted in their IEP.

4. What if I disagree with the district’s evaluation?

Both federal and California law enable you to request an Independent Educational Evaluation (IEE) at public expense if you disagree with the district’s assessment.

If you request an IEE, the school district must either:

• agree to fund an independent evaluation conducted by a qualified examiner who is not employed by the district, or

• file for a due process hearing to prove its evaluation was appropriate.

In many cases, the district might offer a re-assessment by district personnel. Depending on the issue at hand, it may be to a parent’s benefit to rescind the request for an IEE and allow the district to reassess. That can enable new assessment to occur, and potentially get services and supports underway, much more quickly. If you disagree with the reassessment, you can still request an IEE.

Should you choose to pursue an IEE, put your request in writing to the district’s Special Education Director and the person who signed the assessment plan/report. You do not need to explain why you disagree with the district’s evaluation and the district cannot delay your request by requiring an explanation.

Once you make the request, the district must respond “without unnecessary delay.” In practice, this means the district should quickly either:

• provide you with the criteria for selecting an independent evaluator and explain how the IEE process works, or

• file for due process to defend their assessment if they refuse to fund the IEE.

If the District Refuses and files for due process, a hearing officer will decide whether the district’s evaluation was appropriate.

If the hearing officer agrees with the district, you can still obtain an IEE at your own expense and share the results with the IEP team. The team must consider it in making decisions about your child’s program.

5. Do I need a new evaluation if my child already has a diagnosis from a doctor?

Even if a child already has a medical diagnosis, the school district will assess to determine the educational impact of the disability.  A private medical diagnosis alone does not compel a school to provide special education services. The school will consider external evaluations but still requires its own assessment process to determine eligibility and the appropriate educational supports under IDEA. Parents can submit external reports as part of the evaluation evidence, but a formal school evaluation is typically required for the development of an Individualized Education Program (IEP) or determination of services. We recommend that parents share outside evaluations with the district as results can be compromised if the same tests are re-used within specific time frames.

September 2025

1.What is the difference between an IEP and a 504 Plan?

Both IEPs and 504 Plans provide support for students with disabilities, but they are not the same.

• An IEP is available to students who qualify for special education under IDEA. There is two-prong criteria for eligibility – the students must have a qualifying disability and must require specially designed instruction. It includes specific goals, services, and accommodations tailored to the student’s needs.

• A 504 Plan, based on Section 504 of the Rehabilitation Act, provides accommodations and supports for any students with qualifying disabilities, but does not include specialized instruction.

Advocates can help parents determine whether an IEP or 504 Plan is more appropriate for their child.

2. Can a child have an IEP and a 504 plan?

Typically, a student won’t need both and IEP and a 504 plan, because the IEP already includes accommodations. But yes — a student can legally have both when the 504 is addressing a separate, unrelated disability or a temporary condition. An IEP is focused only on the educational impact of a qualifying disability under IDEA, while a 504 plan can cover any condition (permanent or temporary) that substantially limits a major life activity, including situations that don’t require special education. Because the two laws have different scopes, a student might qualify for an IEP for one disability and a separate 504 plan for another issue that is not educational in nature. 

Examples:

1. Student with a Learning Disability (IEP) + Broken Leg (504)

• The IEP covers the student’s reading instruction due to dyslexia.

• The student then breaks a leg and needs temporary accommodations for mobility (elevator pass, extra time to get to class, a scribe for written work).

• The broken leg isn’t related to the IEP, so a short-term 504 plan may be used alongside the IEP.

2. Student with Autism (IEP) + Diabetes (504)

• The IEP provides social skills instruction, speech therapy, and academic modifications for autism.

• The 504 addresses medical needs related to diabetes: permission for snacks, blood sugar checks, nurse visits, and absences for medical appointments.

3. Student with Emotional Disability (IEP) + Concussion (504)

• The IEP supports behavioral and academic needs.

• After a sports injury, the concussion requires temporary accommodations under 504 (reduced homework load, breaks from screens, limited physical activity).

The IEP addresses educational needs tied to the qualifying disabilities. A 504 plan can supplement the IEP when there’s an additional, unrelated condition (often medical or temporary) that affects access, but not learning to the extent that special education is required. We would not advise adding accommodations needed for a non-qualifying disability to an IEP, primarily as it creates confusion when the short-term disability is resolved, and the accommodations are no longer needed.

3. What is the difference between an advocate and an attorney?

Attorneys provide legal representation, while advocates focus on the educational process. Some families use both - an attorney for legal matters and an advocate for ongoing school communication, IEP development, and problem-solving. Many families find advocates especially valuable for reviewing documents and preparation for meetings. Advocates do not provide legal advice, but rather support parents in understanding their legal rights regarding the IEP process.

4. What does a special education advocate do?

A special education advocate supports families by helping them understand their child’s rights under the Individuals with Disabilities Education Act (IDEA) and the California Education Code. Advocates guide parents through key stages of the process, including reviewing school evaluations, attending Individualized Education Program (IEP) meetings, and ensuring that services are delivered as written in the IEP.

If a school district is not fully implementing the IEP, advocates can help parents address those concerns and seek appropriate remedies. While advocates are not attorneys, they provide families with knowledge, strategies, and tools to effectively secure the supports their child is entitled to under the law.

5. How can an advocate help during IEP meetings?

IEP meetings can feel overwhelming, especially with multiple school staff present. An advocate can:

• Review documents before the meeting

• Help parents prepare questions and requests

• Ensure the team addresses all areas of need

• Clarify jargon and explain the school’s proposals in plain language

• Support parents in negotiating appropriate services

The advocate’s role is to make sure parents’ voices are heard and the student’s needs remain the focus of the discussion. 

August 2025

1.What is “special education”?

“Special education” includes instruction and related services that are specially designed to meet the unique learning needs of a child with a disability. It’s not a separate “place” but a set of services and supports that can be provided in general education classrooms, small groups, or separate settings. Services are provided at no cost to families under the Individuals with Disabilities Education Act (IDEA).

2. How do I find out if my child qualifies for special education?

Eligibility for special education is determined through a formal school-based evaluation. Parents have the right to submit a written request for an evaluation at any time. Once a request is received, the school district must respond within 15 calendar days (excluding school closures of more than 5 days) with either an assessment plan or a written explanation of why they are declining to assess.

After parents provide written consent to the assessment plan, the school has 60 calendar days (excluding closures of more than 5 days) to complete the evaluation and hold an initial eligibility meeting to review the results.

3. Can a school refuse to evaluate my child for special education?

Schools can refuse your request for evaluation, but they must provide a written explanation (called Prior Written Notice) that details why they are denying the request. Parents have the right to challenge this decision through dispute resolution options, including mediation or filing a due process complaint. An advocate can help families draft effective requests and navigate next steps if the district refuses to assess.

4. What can I do if the school is not following my child’s IEP?

An IEP is a legally binding document. If services, accommodations, or supports are not being provided as written, parents have the right to raise concerns. Advocates can help families request service logs, document concerns, and communicate with the school or district to ensure compliance. When lesser attempts to collaborate have been ineffective, parents can also pursue a compliance complaint with the California Department of Education.

5. Can you explain special education timelines?

Unless otherwise specified, the timelines in the law (e.g., 15 days, 60 days) refer to calendar days, not school days or business days. The count stops during school closures of more than 5 days.  

We recommend that parents consider the day their request is received by a district as Day 0 and count the following workday as Day 1. This aligns with broader legal practice in which the day of receipt/service is not counted; the count begins the following day. This avoids giving the parties involved less than the full time allowed.

Some advocates and attorneys like to send emails late on Friday afternoons, and count that day as Day 1, causing the district to lose 3 days of the allowable timeline (or more in the event of a school break). We do not recommend that approach as it is non-collaborative and has no added value for the student.

Here are two examples of how the counting of days works, using a 15-day timeline:

• Email from parent is received on Wednesday, April 1st. Schools are closed for spring break from April 6th though 10th.

• Day 1 is Thursday, April 2nd. Day 15 is Thursday April 16th. Because the break is only 5 days, those days are counted.

• Email from parent is received on Wednesday, October 15th. Schools are closed on Friday the 17th for a state holiday and from the 20th-24th for Fall Break.

• Day 1 is Thursday, October 16th. The count then stops (because the closure is for 6 school days) and resumes on the 27th, the next workday. The 15th day is November 9th, a Sunday. (Best practice is for the response to be sent by end-of-day on Friday the 7th.)