Extended School Year
ESY
Extended school year is for special education students who need education services continued during the summer months or other vacations when school is not in session in order to maintain the skills they have learned as identified on the IEP. A recommendation for the program must be written into the IEP before your child can participate.
In order to qualify for these services you need to show that:
> the child would regress considerably in identified areas of the IEP without an extended school year program. (Regression)
> the child would require a substantial amount of time, after school starts, to recoup losses in identified areas of the IEP due to an extended school break. (Recoupment)
The Federal Regulations on extended school year:
Sec. 300.309 Extended school year services.
(a) General.
(1) Each public agency shall ensure that extended school year services are available as necessary to provide FAPE,
consistent with paragraph (a)(2) of this section.
(2) Extended school year services must be provided only if a child's IEP team determines, on an individual basis, in accordance with
Secs. 300.340-300.350, that the services are necessary for the
provision of FAPE to the child.
(3) In implementing the requirements of this section, a public
agency may not--
(i) Limit extended school year services to particular categories of
disability; or
(ii) Unilaterally limit the type, amount, or duration of those
services.
(b) Definition. As used in this section, the term extended school year services means special education and related services that--
(1) Are provided to a child with a disability--
(i) Beyond the normal school year of the public agency;
(ii) In accordance with the child's IEP; and
(iii) At no cost to the parents of the child; and
(2) Meet the standards of the SEA. (State Education Agency)
(Authority: 20 U.S.C. 1412(a)(1))
Section 300.309--Extended school year services--The final regulations specify that States may not limit eligibility for extended school year services based on disability and may not limit types and amounts of services; and clarify that States may establish standards such as likelihood of regression for determining eligibility for ESY and that every child is not entitled to receive ESY. These changes in the regulations impose no burden beyond what is required by the statute because they reflect the Department's longstanding policy interpretation of what is required to provide FAPE.
Considerations for Determining Eligibility
Regression and recoupment - the loss of the learned skills or acquired knowledge specified in the IEP which occurs during a break in instruction.
Nature and severity of the student's disability - The more severe the disability the higher the probability that the student will need ESY. It is reasonable to assume that students with more significant needs may be more likely to need ESY services.
The student's emotional, physical, vocational and cognitive needs - The student's needs may require continuation of services for maintenance of essential skills necessary for independence.
The student's current IEP goals and objectives - IEP goals and objectives are the focus for determination for an ESY program for a student. An ESY program might only be for math, if a student has trouble gaining the necessary skills. It might also focus on skills necessary for learning.
Least restrictive environment - LRE is a factor for the IEP committee to consider. ESY services are provided during a period of time when the full continuum of alternative placements is not normally available for any student. A full continuum of placements is not required to be available solely for the purpose of providing ESY services.
Availability of alternative community or family resources - If the family or community has resources that will allow the student to maintain essential skills, ESY may not be necessary. Summer camps, play groups, or other social activities may allow a child to maintain skills learned during the school year. If these resources are not available in the community or accessible to a student due to his/her disability or family situation, the chance for regression beyond reasonable recoupment is increased.
The student's previous progress during disruption of services - If the student continued to progress educationally from year to year despite the lack of ESY programming, ESY may not be necessary. If normal breaks in educational programming cause irreparable, permanent or major loss of skills, ESY may be necessary.
Other relevant factors - as determined by the IEP committee.
No single factor is determinative of the need for ESY services.
Consider the following when considering ESY:
- it is not required for all students with disabilities to receive ESY services;
- all students with disabilities, regardless of category, are to be considered for possible ESY services;
- the IEP committee shall document the consideration for the student's need for ESY services;
- the student's current IEP goals and objectives are the focus of the determination for an ESY program;
- the need for ESY services is determined annually;
- the consideration is made in a timely manner to ensure appropriate arrangements may be made by all parties involved; and
- the IEP committee members should be trained in the procedures for determining and providing ESY services.
Other Things to Consider:
Planning for extended school year should begin at least several months before the vacation period starts. If a parent strongly suspects that ESY may be necessary, they can request an IEP review to discuss it. It then must be written into the IEP. If the school disagrees with giving your child ESY, the school must provide you with written notice of its decision.
School districts collect data on students on an ongoing basis. A parent can supplement that data with observations of their own. They may also use data from specialists, private therapists or other professionals who may work with their children.
If the school refuses to provide ESY, a parent may request mediation, write a letter of complaint or request a due process hearing to resolve any disagreement about ESY.
ESY services may be provided at the school or any other place where they can be delivered. Many schools are closed through the summer months, so services may be provided in libraries, other buildings the school maintains, or even in the home.
Summer school is NOT the same as ESY. ESY services are provided at no cost to parents if a district agrees that they are necessary. If summer school is available to general education children, then it must also be accessible to children with disabilities and reasonable accommodations must be provided.