Extended school year services are special education and related services that are provided to a child with a disability beyond the normal school year, are in accordance with a child’s IEP, are provided at no cost to the parents, and are in alignment with the standards set by the state education agency (SEA). Regulations that implement the IDEA require IEP teams to determine, on an individual basis, whether ESY services are necessary to provide a FAPE to the child.  

 

Under state law, a student must meet certain eligibility requirements for ESY services. In a recent case, the court held that in California, extended school year services shall be provided for each student with exceptional needs who has disabilities which are likely to continue indefinitely or for a prolonged period, and interruption of the child’s educational programming may cause regression, when coupled with limited recoupment capacity, rendering it impossible or unlikely the child will attain the level of self-sufficiency and independence that otherwise would be expected in view of his disabling condition. Similarly, in another case the court held that extended school year services are offered when the IEP team determines that a Student requires special education and related services in excess of the regular school year because interruption of the pupil’s educational programming during the summer break may cause regression. Therefore, under California law to qualify, a student must show:

1.  His disabilities “are likely to continue indefinitely or for a prolonged period;

2. Interruption of her educational program may cause regression;

3. Limited recoupment capacity; and

4. The above factors make it “impossible or unlikely” that he will attain self-sufficiency and independence without ESY services.

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When determining eligibility for ESY services, IEP teams will look at whether or not the child is at risk of regressing – losing skills and knowledge – during a break from school. They will also look at recoupment – how long it might take for the child to regain the skills and knowledge they may have lost over the break. If the summer break/school vacation is likely to lead to a significant regression in the progress the child has been making, and/or if the child’s progress will be significantly delayed when the break is over, the school will determine what services may be required to prevent that from happening.  

 

Finally, ESY is not the same as summer school. ESY is not designed to help students make up for what goals may not have been achieved during the school year, or prepare for the school year ahead. The services are available to those eligible to allow the student to retain their knowledge and skill levels, and prevent them from regressing when school is not in session. In addition, ESY services can be provided over school vacations such as winter or spring break, not only over the summer.