Education Case Law
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In the Reusch v. Fountain (1994) case, 872 F.Supp. 1421 (D. MD 1994), a federal court addressed the
school district’s "hostility to providing ESY."
In this case, the court found that parents were prevented from advocating for their children by the district’
s refusal to provide parents with notice about their right to request these services. The district also
engaged in delaying tactics by requiring parents to attend futile meetings. The court listed six factors that
the IEP team should consider in deciding if the child is eligible for ESY as a related service:
child, Congress and the Supreme Court have made it clear that the child must prevail."
school district’s "hostility to providing ESY."
In this case, the court found that parents were prevented from advocating for their children by the district’
s refusal to provide parents with notice about their right to request these services. The district also
engaged in delaying tactics by requiring parents to attend futile meetings. The court listed six factors that
the IEP team should consider in deciding if the child is eligible for ESY as a related service:
- Regression and recoupment - is the child likely to lose critical skills or fail to recover these skills
within in a reasonable time; - Degree of progress toward IEP goals and objectives;
- Emerging skills/breakthrough opportunities - Will a lengthy summer break cause significant problems
for a child who is learning a key skill, like reading; - Interfering Behavior - does the child’s behavior interfere with his or her ability to benefit from special
education; - Nature and/or severity of disability;
- Special circumstances that interfere with child’s ability to benefit from special education.
child, Congress and the Supreme Court have made it clear that the child must prevail."
Important Cases to Know: