I have written about Extended School Year (ESY) before. However, as we approach summer, I wanted to expand on some of the regulations and advocacy items that may help a parent in securing these services for their child.
Certain children with disabilities require special education and related services beyond the typical school year to receive Free Appropriate Public Education (FAPE). Extended School Year (ESY) services refer to the special education and/or related services provided outside of the usual school year, primarily during periods when school is not in session, such as summer.
It is important to note that ESY services differ from summer school, summer enrichment programs, and compensatory education. ESY services are customized to meet the specific needs of the child as outlined in their Individualized Education Program (IEP) and are provided at no cost to parents. Transportation from the student’s home, to the school on a special education bus with an aide, is also provided.
ESY is discussed at the end of every IEP meeting. You should not have to feel that the team is glossing over the ESY section. Especially after a long, tiring IEP meeting, some teams will simply get to the end of the IEP meeting and say that the student does not qualify for ESY and end the meeting.
The ESY section is as important as the rest of the IEP. You have the right to understand and discuss in detail how your child does or does not qualify for ESY. Speak up! Let the team know you would like to discuss the questions that need to be answered regarding ESY before closing out the IEP meeting.
Having your child qualify for ESY does not mean you are obligated to send them. Qualifying for ESY is never determined by whether or not the parent wishes to send their student to ESY or not. FIRST decided if the student qualifies, and THEN the parent can decide, independently (without the need for team discussion), if they wish to send their child to ESY.
The determination of whether your child will receive ESY services and the specific services they will receive will be made by your child’s IEP team. YOU are a main part of that team, so PARTICIPATE!
The factors for consideration for a child to receive ESY services are threefold.
1. Does the team feel that the student regresses or may regress during extended breaks from instruction and cannot relearn the lost skills within a reasonable time?
For example a student may learn how to use a word to request an item, and then loses this ability over a long break (such as winter or spring break) and must be retaught this skill over several weeks. The data collected before the break shows that they could perform the skill and data after the break shows that they can no longer perform the skill or have regressed in their progress. This data suggests that the student requires ESY.
2. Will the benefits a student has gained during the regular school year be significantly jeopardized if they are not provided with an educational program during extended breaks from instruction?
For example, the student may have learned independence through skills such as emotional regulation, toileting, eating, etc. during school instruction. Over the long summer break, the lack of instruction may be detrimental to the student’s ability to function independently and safely.
3. Is the student is demonstrating emerging skill acquisition (“window of opportunity”), that will be lost without the provision of an educational program during extended breaks from instruction?
For example, the student may demonstrate that they are about to make the connection from looking at a group of letters and understanding they make up a word that communicates meaning. Or that they are on the cusp of understanding that they can gain a preferred item or activity when they successfully use a taught calming technique.
If any of the teams answers to these questions is “Yes”, then the student qualifies for ESY.
Once eligibility for ESY is determined, the team must discuss which specific goals from the student’s IEP must be worked on during ESY. They must also determine for how long and how many days per week the skill require instruction.
You may encounter misinformation about ESY. For example, you might be told that ESY services are not available for children in your child’s specific eligibility category, or simply that the student does not show regression. There are no categories, disabilities or needs that are excluded from ESY programs. If your child does not show regression, they still may be eligible for ESY under the other two questions above.
It is crucial to be knowledgeable about the law and regulations. While Extended School Year (ESY) is not explicitly mentioned in the IDEA statute, it is addressed in the IDEA regulations. You can read the relevant regulation about ESY in 34 CFR § Section 300.106.
The regulations surrounding Extended School Year (ESY) services can often be confusing for parents and educators alike.
ESY is intended to minimize regression in critical skills for students with disabilities during breaks in their regular education, but the criteria for eligibility, the services provided, and the decision-making processes can vary significantly from one school district to another. This inconsistency, combined with complex legal jargon and differing state interpretations of federal laws, can leave families feeling overwhelmed and unsure of their rights.
Be active in advocating for what your chaild needs! Research the areas where the school is giving you push-back.
If you feel like some 3rd party support is what you could use, an advocate can play a vital role in your process by providing guidance and expertise, helping you navigate the intricacies of ESY regulations.
I am available to assist in understanding eligibility criteria, advocating for appropriate services, and ensuring that your student’s unique needs are clearly communicated and addressed in the IEP meetings. I empower families to make informed decisions and navigate the special education landscape with greater confidence and assurance.
Give me a call for a free consult!
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