Who Gets Extended School Year
(ESY) Services?
Q: What are Extended School Year (ESY) Services?
A: ESY services are special education and/or related services that are provided when school is not usually in session – typically during the summer. Like other services in a student’s Individual Education Program (IEP), ESY and transportation services are provided at no cost to parents.
Q: Is ESY the same as summer school?
A: No. ESY services are different from summer school, summer camp, summer remedial classes, and summer enrichment programs. ESY services are individualized, based on the student’s IEP, and are provided at no cost to parents.
Q: Who is eligible for ESY?
A: The decision about eligibility for ESY is part of the IEP process, so the decision is made by the IEP team, which always includes the parent(s). Many students are eligible for ESY based on their learning, social, emotional, and behavioral challenges.
Q: Are certain disability categories excluded from ESY?
A: No. The law requires that the decision about ESY be made on an individual basis. It is illegal for a state or school district to exclude a category of student – for example, learning disabilities – from ESY services.
Q: What about related services and transition services?
A: Students can receive related services based on the IEP, including speech and language therapy, counseling and individual psychotherapy, occupational therapy, and physical therapy. Transition-aged students can take part in community-based instruction and volunteer experiences.
Q: What factors should be considered by the IEP team when determining eligibility for ESY services?
A: The courts have identified several standards for determining the need for ESY, the first of which is that there can be NO single criterion. IEP teams must also consider a range of criteria including:
Regression/recoupment is the cycle of decline in knowledge and skills that can result from an interruption in education and the amount of time it takes to regain the prior level of functioning. This criterion for eligibility, often used by IEP teams, is only one of several criteria to be considered in making ESY decisions. It covers both instructional and related services for the prevention (or reduction) of academic and physical regression.
Emerging skills and ‘breakthrough opportunities’ happen when a child is on the brink of learning something new (talking, toileting, learning to read) and the student has great potential for increasing their self-sufficiency. If the student does not completely acquire and master the skills, it is likely that the current level of acquisition will be lost due to the interruption of summer vacation.
Nature and severity of the student’s disability is a key factor in the ESY eligibility determination. Children with severe disabilities are more likely to be involved in ESY programs since their regression may be more significant and their recoupment abilities may extend over a longer time.
Ability of the parents to provide educational structure at home must be considered in determining the need for ESY. If parents can provide the proper structure at home, the regression and recoupment issues will not be as severe.
Notice and timing must give parents enough time to exercise their right to administrative review or appeal. Eligibility for ESY must be considered at each annual review meeting. Districts must document the discussion and the decision reached.
Content and duration of ESY services may vary based on the student’s needs. An individualized determination of the number of weeks, days per week, and hours per day that should be provided must be spelled out in the IEP.
| 
