Are you a parent of a child on the autism spectrum or with another disability? Are you worried about noticeable regression in skills and behaviors during summer vacation or other school breaks? If your child has an IEP, and you are able to document the need for continuous services during the summer break or other school breaks to prevent that regression, your child may have a legal right to extended year special education services. 

 Extended School Year is governed by the Individuals with Disability Education Act (IDEA), a federal law. "Extended school year (ESY) services means services meeting state standards provided to a student eligible for special education beyond the normal school year, in accordance with the student's IEP, and at no cost to the student's parents. A student's IEP team must decide whether the student requires ESY services and the amount of those services. In most cases, a multi-factored determination would be appropriate, but for some children, it may be appropriate to make the determination of whether the child is eligible for ESY services based only on one criterion or factor. Letter to Given, 39 IDELR 129 (OSEP 2003)". 34 CFR §300.106; WAC 392-172A-02020.

ESY is not guaranteed for all students with IEPs. ESY is extended service (s) beyond the 180 school days and not mandated 12-month service. Its primary purpose is to " maintain the student's learning skills or behavior, not the teaching of new skills or behaviors." 

Extended School Year Addendum to the IEP should list the following:

• Description of the skills and/or behaviors that require ESY services to be maintained
• Special education and related services to be provided during ESY
• Supplementary aid/services, program modification, or support for school personnel needed during ESY
• Initiation date
• Frequency (minutes per week)
• Location and setting
• duration of ESY
• transportation
• Staff responsible for delivering ESY services

If you feel that your child’s IEP team is unfairly denying your child’s need for these services, WAA can put you in contact with special education attorneys who can help get your child the educational services they are legally entitled to. You can contact WAA here to learn more about how we help advocate for your child’s educational rights.