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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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