Extended School Year (ESY) Services

What Are ESY Services?

Extended School Year (ESY) services are special education and related services provided beyond the normal school year. Most commonly, ESY takes place during the summer, but it can also cover other extended breaks (winter break, spring break) depending on the child's needs.

ESY is not the same as summer school. Summer school is a general education program available to all students. ESY is an individualized special education service provided at no cost to the family, specifically designed to prevent a child with a disability from losing critical skills during breaks from school.

Under IDEA, every school district must make ESY services available to students who need them. The decision about whether a child qualifies for ESY is made by the IEP team on an individual basis.

Who Qualifies for ESY?

The fundamental question is: Does your child need ESY services to receive a free appropriate public education (FAPE)? The IEP team should consider ESY when there is evidence that without services during breaks, the child will experience significant loss of skills or knowledge that cannot be recouped within a reasonable time after school resumes.

Factors the IEP Team Should Consider

Regression and Recoupment: This is the most commonly used criterion. Does the child lose critical skills during school breaks (regression)? How long does it take the child to regain those skills when school resumes (recoupment)? If the child experiences significant regression and takes an unusually long time to recoup, ESY may be warranted. Most schools consider a recoupment period of more than 6-8 weeks to be excessive.
Emerging or Critical Skills: Is the child at a breakthrough point in learning a critical skill (such as learning to read, developing communication, or mastering self-care skills)? A break in instruction could cause the child to lose the window of opportunity.
Severity of the Disability: Children with more severe disabilities may be more likely to need ESY, though severity alone is not the sole criterion.
Nature of the Skill: Some skills are more susceptible to regression than others. Self-help skills, behavioral skills, and communication skills may be particularly vulnerable.
Rate of Progress: Is the child making such slow progress that a break would significantly set them back?
Behavioral or Physical Needs: Does the child have behavioral or physical needs that require consistent, year-round intervention?
Special Circumstances: Are there other factors that make ESY necessary? For example, a child who is transitioning out of school and needs continuous services to prepare for adult life.

Important: The school cannot limit ESY eligibility to only certain disability categories or use a single criterion (like regression/recoupment alone). The decision must be individualized and consider all relevant factors. The school also cannot limit the type, amount, or duration of ESY services based on what the district typically offers.

Common Myths About ESY Eligibility

Myth: Only students with severe disabilities qualify for ESY. Fact: Any student with an IEP can qualify if the IEP team determines it is necessary for FAPE.
Myth: The school has to wait and see if the child regresses before providing ESY. Fact: The IEP team can (and should) use predictive data, professional judgment, and historical patterns to determine ESY eligibility. The child does not have to fail first.
Myth: ESY is only for the summer. Fact: ESY can cover any school break where the child would experience harmful regression.
Myth: ESY must be the same as the regular school year program. Fact: ESY services are individualized and may look different from the regular program. They are targeted to the specific skills at risk of regression.
Myth: If the school does not offer ESY, your child cannot get it. Fact: If the IEP team determines your child needs ESY, the school must provide it, even if it does not have an existing ESY program.

How to Request ESY Services

Step 1: Gather Evidence

Before the IEP meeting where ESY will be discussed (usually the annual review in late winter or spring), collect evidence that supports your child's need for ESY:

Progress monitoring data showing regression after previous breaks
Data showing how long it took your child to recoup skills after past breaks
Teacher observations about skill loss
Your own observations of regression during breaks
Documentation from therapists or other service providers
Evidence that your child is at a critical learning point

Step 2: Put Your Request in Writing

Submit a written request for ESY consideration to the IEP team. Sample language:

"I am requesting that the IEP team consider Extended School Year (ESY) services for my child, [name]. I have observed [specific examples of regression or concerns]. I request that the team review all available data, including progress monitoring data, teacher observations, and any regression/recoupment data, in determining whether ESY is necessary for [child's name] to receive FAPE."

Step 3: Participate in the IEP Meeting

ESY should be discussed at the IEP meeting (typically the annual review)
Present your evidence and observations
Ask the school to present their data on regression and recoupment
Discuss which specific skills and goals should be addressed through ESY
If ESY is approved, make sure the IEP specifies: which goals ESY will address, the type and frequency of services, the location, and the dates

Step 4: If ESY Is Denied

Ask for the denial in writing, including the data and reasons for the decision
Review the data yourself to see if you agree with the school's analysis
Request an IEP meeting to discuss the denial
Consider whether an Independent Educational Evaluation (IEE) would provide additional evidence
File a state complaint or request due process if you believe ESY is being wrongfully denied
Contact your Parent Training and Information Center (PTI) or Protection and Advocacy organization for guidance

What ESY Services Can Include

Specialized Instruction

Individualized or small-group instruction targeting specific IEP goals that are at risk of regression. This may be fewer hours per week than the regular school year, or it may be comparable, depending on the child's needs.

Related Services

Speech therapy, occupational therapy, physical therapy, counseling, or other related services that are necessary to prevent regression on critical skills.

Behavioral Services

Behavioral support, social skills training, or implementation of the Behavior Intervention Plan during the break period to maintain behavioral progress.