It is April. Your child worked hard all year to learn to use a communication device. The school calendar says summer break starts in six weeks. You have one question: what happens to the skills your child has just built?
Extended school year services, usually called ESY, are the part of the law that speaks to that question. This guide explains what the federal rule says, what one state's parent guide adds, and what you can bring to the team. It is general information, not legal advice, and state standards vary.
What the rule says
Section 300.106 requires each school to make sure ESY services are available as necessary to provide a free appropriate public education. It defines them as special education and related services that are provided to a child with a disability beyond the normal school year, in line with the child's IEP, at no cost to the parents, and that meet the state education agency's standards.
Two limits protect families. A school may provide ESY only if the IEP team decides, on an individual basis, that it is necessary for your child's free appropriate public education. And the school may not limit ESY to children with particular disability categories, and may not unilaterally limit the type, amount, or duration of the services.
How the team decides
Because the federal rule leaves the details to states, the test varies. North Dakota's Department of Public Instruction publishes a parent's guide that shows one state's approach, and its language is typical.
- Everyone is considered. All children with a current IEP must be considered for ESY at least once a year.
- The team decides. The IEP team, including you, decides the need.
- The central question. "Will the learning that occurred during the regular school year be significantly jeopardized if ESY services are not provided?"
- Regression and recoupment. The team uses these two ideas, along with other factors.
| Term | North Dakota's definition |
|---|---|
| Regression | A decline to a lower level of functioning shown by a decrease of previously learned skills that occurs as a result of an interruption in educational programming |
| Recoupment | The ability to recover or regain skills at the level shown before the interruption |
The guide adds that some children reach a critical learning stage at the end of a school year, and may need ESY to avoid permanent loss of a learning opportunity. For others, skills that support continued placement in the least restrictive environment can only be maintained with ESY.
What information the team looks at
North Dakota's guide says the need is shown through ongoing measurement of progress toward current IEP goals, and through observations and input from the family, the child, and educators. Team members supply information such as regression and recoupment history, performance in the classroom, community activities, family circumstances, and recent behavioral and medical problems.
This is where you can help most. Parents often have the best evidence of what happens over a break.
What to bring
Dates and examples are more persuasive than general worry. If your child has lost skills over past breaks, say how many weeks it took to recover. See questions to ask at an IEP meeting for how to ask for specific data.
Common myths, from the same guide
| Myth | What the North Dakota guide says |
|---|---|
| A child must fail first | A child cannot be required to fail or show no progress for a whole year to prove need |
| ESY is for catching up | ESY addresses the maintenance of previously learned skills, not teaching new skills or catching up |
| Missing a goal means ESY | ESY should not be granted solely because a child did not meet one or more goals |
| One summer guarantees the next | The decision is made each year |
Related services and transportation
The guide says the team must consider whether a child needs related services, such as physical therapy, occupational therapy, or speech therapy, to benefit from special education. A child may not need extended year special education and still need related services during the break. It also says transportation is a related service and should be added for the length of ESY if it is needed. See related services in an IEP.
What the IEP should say
North Dakota's guide says documentation of ESY should specify which goals will be reinforced, the type of services, the beginning and ending dates, the minutes per week of each service, who will provide them, and where. It also says the team's reasons for its decision must be written down.
If the team says no, ask for the reasons in writing. A refusal of something you asked for should come with a written notice, as described in what is prior written notice.
Timing
Plan early. The guide says the team must consider ESY at the annual IEP meeting, and that it can set a date to meet again if more information is needed. The federal rule does not set how many days before the end of the school year the decision must be made, so the guide says the meeting should be held early enough for planning. Any team member, including you, can request a meeting to reconsider ESY. See what to expect at the annual review for where ESY fits in the calendar.
If you disagree
If you disagree with a decision not to provide ESY and there is not enough time to resolve it first, North Dakota's guide recommends that the child receive ESY while the dispute is worked out. Ask the school what it would do in that situation. The routes for disagreement, such as mediation, a state complaint, and due process, are the same as for other IEP matters. The school cannot compel a child to take part in ESY if you decide not to.
ESY mix-ups
- Treating ESY as summer school. The two can overlap in place, but ESY follows your child's needs, not the school's calendar.
- Waiting until May. The time to ask is at the annual review.
- Bringing worry instead of examples. Dates and skills help.
- Assuming last year's answer applies. The decision is yearly.
Terms are in the glossary.