Extended School Year

Defining Extended School Year Services 

Extended School Year (ESY) services are special education and related services provided to a student with a disability during extended school breaks. These services differ from summer school, which is an extension of the regular school year available to all students. ESY services are special education and related services provided in accordance with the student’s Individualized Education Program (IEP). ESY services are not provided to enhance a student’s education or to provide the best possible educational program. Additionally, ESY services are not intended as compensatory time or to help a student who has missed school. Instead, ESY services should be provided when an IEP team has determined them necessary for the student to progress and benefit from their educational program. 

Legal Guidelines 

34 CFR §300.106 states the following about ESY services: 

  • Each public agency must ensure that extended school year services are available as necessary to provide a Free Appropriate Public Education (FAPE). 
  • ESY services must be provided only if a student’s IEP team determines, on an individual basis, that the services are necessary for the provision of FAPE to the student. 
  • In implementing this section’s requirements, a public agency may not limit extended school year services to particular categories of disability or unilaterally limit the type, amount, or duration of those services. 

The ESY program shall be provided for a minimum of 20 instructional days per the California Code of Regulations (CCR §3043). 

General Guidelines 

The following general guidelines should be considered when determining a student’s need for ESY services. The case manager may use the “ESY Eligibility Worksheets” located in the student’s future IEP on SEIS to document the IEP team’s decision-making process. 

  • The key question before the IEP team is whether the student needs ESY services to secure the minimum benefits of a free and appropriate public education during the regular school year.
  • ESY services do not need to duplicate the services provided during the school year because the purpose is different (prevent regression rather than continued progression). A student may require ESY services in only one area (e.g., speech and language) but not in other areas (e.g., specialized academic instruction).
  • When an IEP team discusses ESY services, they should consider the student’s current placement to avoid placing the student in a restrictive environment for ESY services.
  • The determination of ESY eligibility must be based on empirical and qualitative data collected by the IEP team members for the student’s individual skills.
  • The IEP should clearly indicate the start date, end date, frequency, and duration of the ESY services. 

Regression and Recoupment 

The two main criteria that need to be addressed to determine if a student qualifies for ESY services are the high probability that the student will regress without additional services during the summer and, their inability to recoup that loss within 4-6 weeks (about 1 and a half months) after the start of the school year. All students will experience regression during the summer. The problem exists when a student experiences serious regression without the ability to recoup the loss. Regression refers to a decline in knowledge and skill that can result from an interruption in education; recoupment is the amount of time it takes to regain the prior level of functioning. The issue is whether the benefits derived by the student during the regular school year will be significantly jeopardized if they are not provided an educational program during the summer months. 

Other Factors When Determining the Need for ESY Services 

In Reusch v. Fountain, the court listed other factors in addition to regression and recoupment that the IEP team should consider in deciding if the student is eligible for ESY as a related service. 

  • The degree of progress toward IEP goals and objectives
  • Emerging skills/breakthrough opportunities
  • Will a lengthy summer break cause significant problems for a student learning a key skill, like reading or speaking?
  • Interfering Behavior
  • Does the student’s behavior interfere with their ability to benefit from special education?
  • Nature and/or severity of disability
  • Special circumstances that interfere with a student’s ability to benefit from special education 

For more information about the extended school year, please see. “Charter SELPA’s FAQ for Extended School Year (ESY)"