2 Awesome Laws

One of the scariest things for a district to hear is a parent who comes into an IEP meeting and can spout out some law citations! So, here are 2 laws that are fantastic to know!

Reusch vs. Fountain (Getting ESY Services!!!)
I am willing to bet that when you have been denied Extended School Year services, the school told you that you child didn't regress enough over Christmas/ spring break, and said that the child needed to regress in order to qualify for ESY. 

BUT- did you know that there are several other ways that a child can qualify for ESY?

In the Reusch vs Fountain 1994 case in Maryland (practice saying that so you can rattle it off to the IEP team and amaze (or terrify) them!), the ways to qualify a child for ESY were laid out:

1. Regression and recoupment
2. Degree of progress
3. Emerging Skills/ Breakthrough opportunities
4. Interfering Behaviors
5. Nature and/ or severity of disability
6. Special Circumstances 

Endrew vs. Douglas County
In this 2017 case, a boy named Endrew was making very minimal progress at his public school, so his parents pulled him out and placed him in a private school for children with Autism, and sent the bill to the school district.

The district of course, refused to pay it, stating that Endrew DID make progress at their school, however small or slow it was. Endrew's parents argued that their child needed a meaningful education, not a minimal one.

In the end, Endrew won out!!! Which is SUPER exciting for special needs parents!! Our children deserve an education that yields better results than barely making minimal progress!

You can read about Endrew's case HERE.