Regression is not the only way to get ESY. Here is the checklist we use at our school. Answering yes to any of these questions qualifies her for services.

1. Without ESY services, is there a likelihood of substantial regress of critical life skills caused by the school break that would result in the failure to recover those lost skills in a reasonable time following the school break? __Yes __No (Check all that apply)
__Does the student need extensive review to demonstrate previously learned skills?
__Are there inconsistencies the student demonstrates in mastered or partially acquired skills?
__Has the student reached a critical point of instruction or behavior management where a break in programming would have serious, detrimental effects? __Does the student demonstrate behaviors or deficits that would cause regression if breaks in programming occur?
__Will a break in programming jeopardize the student’s placement in the least restrictive environment (LRE)?

2. Without ESY services, will the student’s degree of progress on any IEP goals and objectives targeting critical life skills significantly jeopardize the student’s receipt of educational benefit from his/her educational program during the regular school year?
__Yes __No

3. Are any of the IEP goals and objectives targeting critical life skills at a breakthrough point that the interruption of instruction on the critical life skills caused by the school break would significantly jeopardize the student’s receipt of educational benefit from his/her educational program during the regular school year without ESY services?
__Yes __No

4. Are there any interfering behaviors, such as stereotypical, ritualistic, aggressive, or self-injurious behavior(s), targeted by the IEP’s goals and objectives that would substantially jeopardize the student’s receipt of benefit from his or her educational program during the regular school year?
__Yes __No

5. Would the interruption of programming for this (these) behavior(s) listed above significantly jeopardize the student’s receipt of benefit from his or her educational program without ESY services?
__Yes __No

6. Without ESY services, is the nature and severity of the student’s disability likely to significantly jeopardize the student’s receipt of benefit from his/her educational program during the regular school year?
__Yes __No

7. Without ESY services, are there any special circumstances that will significantly jeopardize the student’s receipt of benefit from his/her educational program during the regular school year?
__Yes __No

I would have all therapists and teachers compile comparable measurable data (read - the same assessments done at least once a week for a 6 week period before a week long break and after a week long break)for you. They should already have this data. Ask for them to determine if there was any loss of previous gains and to put the information in a report. I had to do this with my 4 year old to get ESY after they told me that EI does not offer ESY. As a special ed teacher myself, I knew what to ask for and how to push. They got tired of me calling meetings, and my therapists and I were a united front not to be reckoned with lightly ;) Hang in there and fight. Just be sure to have the teachers, therapists, and data on your side. To hell with the budget, that isn't your problem. If you can prove need of ESY through hard data, then they should do as you ask - otherwise, just say the words 'due process" and they will scramble. Best of luck!

In my opinion, every parent should always fight to get services. If the school is closed, there is not much you can do about that, but it seems silly to me to allow a child to regress to prove that they need help. (Most school systems employ child development experts. I would think that experts would not recommend letting a child fall behind just to establish need.)

Even if your school is closed, there should be a school somewhere in the system that is not. If not a school, then a summer camp or tutoring program that emphasizes school skills. Don't give up. The school systems are underfunded, but they exist to help students, not to abandon them.