Special Education and Extended School Year

ESY stands for Extended School Year, and it is available to special education students. In addition to the traditional 180-day school year, ESY may require the student to enroll in other programs.

Can All Students With Disabilities Participate in ESY?

There is no requirement for ESY to be available to all students with disabilities under federal or state law. ESY eligibility is determined on a case-by-case basis.

What Determines ESY Eligibility?

ESY eligibility requirements vary by state. In most cases, eligibility is determined by assessing the goals of an individualized education plan (IEP). A team of parents, teachers, administrators, and other interested parties determines if ESY is necessary to meet the IEP’s objectives.

Many states do not offer ESY services to kids with learning and thinking differences. However, it’s important to check with your state’s department of education. You can find out what the local standards are.

ESY services cannot be limited to kids with certain disabilities under IDEA. For instance, a school cannot decide not to provide services to students with dysgraphia. Similarly, it can’t cater to kids with autism spectrum disorders alone.

ESY: When Is It Needed?

ESY is needed when a student will suffer substantial regression in learning skills and difficulty regaining those skills without the extended program.

How Does an IEP Team Determine Whether ESY Services Are Needed?

The IEP team may discuss ESY services with your child if they are eligible. There are two main issues the team looks at:

• Regression (losing skills); and
• Recoupment (relearning skills).

The team considers the following questions:

• Without continued support and teaching, will your child lose critical skills?
• Can your child regain those skills quickly – faster than a child without a learning difference?

IEP teams will take into account a child’s history of regressing and struggling to relearn. A decision can be more difficult if there is no data. However, the team may ask some questions to determine whether your child is likely to regress.

Among them are:

• Is your child having difficulty retaining skills after a short break?
• Is your child known to have problems with working memory?
• Does your child need constant reinforcement to keep skills during the normal school year?
• Does your child’s behavior interfere with their learning during the year? Will that be an issue next year without continued support over the summer?
• Are your child’s IEP goals being met? Does a break in services threaten those goals?
• Is your child just starting to master a fundamental skill, such as reading?

What Are the Best Ways for Kids to Get Help During the Summer?

While not all kids are eligible for ESY services, every IEP team should discuss it. Talk to your child’s next teacher if you think your child might need ESY.

The team might ask your child’s teachers to assess any regression or recoupment issues your child has after the shorter school breaks. Make sure your children are assessed after summer breaks as well. The team can use that information to plan for the next summer.

Don’t forget that ESY isn’t the only way to keep kids learning. Other types of summer learning programs can also be used to reinforce your child’s IEP goals at home.

Regression and recoupment are the two most common eligibility factors.

An IEP team will look at the child’s risk of regressing – losing skills and knowledge – during a break from school when determining eligibility for ESY services.

Recoupment will also be considered – how long it might take for the child to regain the skills and information they may have lost during the break.

When the summer break/school vacation is likely to result in a significant regression in the child’s progress, or if the child’s progress will be significantly delayed when the break ends, the school will determine what services the child may need to prevent this.

In addition, there may be the following factors:

• When a student is on the verge of making a breakthrough
• When a specific IEP goal has stalled
• When an important skill for self-sufficiency and independence needs to be continued by the child

Is ESY the Same Thing as Summer School?

The purpose of ESY is not to help students make up for missed goals or prepare for the upcoming school year. It allows students to retain their knowledge and skills when school is not in session and prevents them from regressing. Also, ESY services can be provided during school vacations, such as winter and spring breaks.

Are Each Child’s Needs and Goals Taken Into Account When Providing Services?

When students meet the eligibility requirements, they can participate in an ESY program at their school. ESY programs are tailored specifically to each child’s IEP. The ESY services your child receives must focus on improving those speech and language skills as your child will likely regress over summer break.

Some services are as simple as take-home worksheets.

ESY services are not always provided in person. Many students who require less support are given instructions for home-based activities that their parents or caregivers can do with them. Full-time ESY services may be available for students who need greater support in school.

Is Summer ESY Optional?

Parents can refuse ESY services even if their children meet eligibility requirements, if they do not want their child to attend or if it does not work with their summer schedule. During the COVID-19 pandemic, some parents declined virtual ESY services if their children could not benefit from virtual learning. Autism Speaks is currently advocating for expanded access to summer learning opportunities during the COVID-19 pandemic.

When Deciding Whether or Not to Offer an ESY Program, What Factors Do Schools Consider?

ESY eligibility is determined by several factors. A few of these factors are:

• The severity of the student’s disability (students with more severe disabilities tend to regress and have more difficulties)
• Age of the student
• Self-sufficiency level
• Students with disabilities who are learning a new skill, such as reading, when the school year ends may suffer significant regression
• A student with behavioral problems interfering with their ability to learn may require ESY to ensure that he does not regress and resume the negative behavior

ESY Offers What Kinds of Programs?

ESY offers a wide range of programs to help your students maintain their learning skills. The most common types of programs are:

• Summer school
• Parent consultations to teach parents how to support their children academically and prevent regression
• A summer camp that emphasizes maintaining learning skills
• Private school programs

If you have questions or concerns about your child and ESY, you may want to speak with a lawyer experienced in education and schools.

Can You Sue Regarding Special Education and Students with Disabilities?

Students who require special education and students with disabilities have certain rights in relation to schools. The Individuals with Disabilities Education Act (IDEA) provides that children who qualify and have a disability are entitled to free and appropriate education.

Public schools must evaluate children to determine if they meet this qualification. Children who meet the requirements are entitled to receive specialized services and instruction from their school. If the school fails to comply with IDEA, there are grounds for a complaint.

Should I Contact a Lawyer?

A government lawyer can tell you more about your child’s rights to ESY under IDEA and can assist you in protecting those rights. Use LegalMatch today to find the right government lawyer in your area.