Under the Individuals with Disabilities Education Act (IDEA), Extended School Year (ESY) services are defined as special education and related services that:

1. Are provided to a child with a disability.
2. Are provided beyond the normal school year of the public agency. This means they extend beyond the typical academic calendar, often during summer break, but can also include other extended breaks, such as winter or spring holidays.
3. Are in accordance with the child’s Individualized Education Program (IEP). The services provided through ESY must be specifically outlined in the student’s IEP and be tailored to their individual needs and goals.
4. Are provided at no cost to the parents of the child. ESY services are part of a Free Appropriate Public Education (FAPE), and schools are responsible for covering the costs.

The primary purpose of ESY is not to provide summer school, remediate learning gaps, or offer enrichment. Instead, it is to prevent significant regression of skills that a student with a disability has already learned and to help them maintain those skills during breaks in instruction.

Key factors an IEP team considers when determining ESY eligibility often include:

• Regression and Recoupment: Whether the child is likely to lose previously acquired skills during a break from school and how long it would take them to regain those skills. If the regression is significant and recoupment is prolonged, ESY may be necessary.
• Emerging Skills/Breakthrough Opportunities: If a child is in a critical stage of learning a new, vital skill (e.g., communication, self-care) and an interruption in services would jeopardize the acquisition or mastery of that skill.
• Nature and Severity of the Disability: The overall impact of the disability on the child’s ability to learn and retain skills.
• Degree of Progress: If a child is making very slow progress, ESY might be needed to ensure they continue to make meaningful educational progress.

The decision for ESY services is made by the IEP team on an individualized basis, considering the unique needs of each student, utilizing the information available to make a data-based decision.

When Should the IEP Team Discuss ESY?

During the Annual IEP Meeting the IEP team should conduct a thorough discussion and determine the necessity of Extended School Year (ESY) services. Sometimes this discussion is missed, and the IEP Case Manager may have marked that your student does or does not qualify without your input. You can request an IEP meeting to open this discussion.  

As a parent, you have the right to request and review all data informing this decision. This includes, but is not limited to, progress monitoring reports, assessments conducted before and after breaks, and behavioral data. Understanding the data helps ensure the decision is evidence-based.

During this discussion, your feedback is invaluable and should be actively solicited. This feedback might include:

• Documented observations of skill regression or difficulties encountered by your student when returning from school break, like school reluctance/avoidance (delaying getting in transportation, feeling sick or pretending to be sick) or refusal.
• Reports or letters from external providers (e.g., private therapists, medical specialists) that offer relevant insights into your student’s needs related to regression, recoupment, or emerging skills. 
• A written statement sharing your perspective on why ESY services are essential for your student to maintain educational progress.

Ensure Meaningful Participation

The IEP process is designed to be collaborative. If you find that the ESY discussion has been overlooked, or if a decision has been made without your meaningful input, you have the right to request an immediate IEP meeting to address this component of your child’s educational program.

After determining that a student qualifies for ESY, the IEP must decide on individualized services for your student.

A Parent’s Victory for Individualized ESY

When WAA’s Operations Manager Trish’s son was in preschool, his LRE was a co-operative preschool alongside non-disabled peers, where he received support from a 1:1 paraprofessional for his Behavioral Intervention Plan.

As the school year drew to a close, Trish noticed her son’s IEP didn’t include ESY services, despite having no team discussion about it. She promptly requested an IEP meeting to address the oversight. The IEP Case Manager initially resisted, claiming the decision had already been made. Trish, however, politely but firmly reiterated her understanding that ESY is an IEP team decision and proposed meeting dates, copying the Special Education Director. Her persistence paid off, and the meeting was scheduled.

Trish then requested that the team bring all relevant data to the meeting. This proved crucial. During the discussion, the team confirmed her son experienced significant regression and difficulty regaining skills after breaks, thus qualifying him for ESY. However, they initially offered a limited program: two days a week, four hours a day for one month, exclusively with disabled peers. When Trish proposed a private preschool placement to maintain her son’s LRE the district stated that the LRE doesn’t apply to ESY and that the continuum of placements did not apply to ESY. She could “take it or leave it”.Trish, armed with knowledge, explained that the district could not unilaterally restrict the type, amount, or duration of his ESY services, and that all IEP services, including ESY, must be provided in the Least Restrictive Environment and that the district must maintain a continuum of placements for ESY. She cited the Washington Administrative Code (WAC), clarifications related to ESY on the 71 Fed. Reg. 46582 (Aug. 14, 2006): precedent of T.M. by A.M. v. Cornwall Central School Districtwhich affirmed that LRE applies to ESY and districts must offer a continuum of placements. Faced with this clear understanding of the law, the district agreed to place her son in a private preschool for three months, the time needed for him to avoid regression and recoupment.

Summary

Navigating ESY is a challenging but vital part of ensuring your child’s access to the services they are entitled to. Remember, as a parent, you are an equal member of the IEP team and have the right to speak up when you feel that your child is not receiving the supports they need. Washington Autism Alliance is here to provide guidance in order to help you advocate for your family’s needs.