Decision on ESY and FAPE by HI District Court CIVIL NO. 12-00154
Helen Gillmor, US District Judge
The Hawaii District Court reversed the hearing officer’s decision and determined that a 14 year old student required ESY services to receive a FAPE. The student had dyslexia and experienced regression if he didn’t receive instruction several days a week throughout the year. The decision states,
“An IEP must include ESY services when an IEP Team determines
that such services are necessary to provide a FAPE. 34 C.F.R.
§ 300.309(a); Haw. Admin. R. § 8-60-7. ESY services are necessary
to a FAPE ‘when the benefits a disabled child gains during a
regular school year will be significantly jeopardized if he is
not provided an educational program during the summer months.’”
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