Understanding Extended School Year (ESY) Services in Special Education

The end of the school year often brings a mix of excitement and concern, especially for parents of students with disabilities. While students look forward to a break from schoolwork, parents may worry about potential learning losses during the summer months. To address this concern, the Individuals with Disabilities Education Act (IDEA) mandates that school districts provide extended school year (ESY) services to special education students who need them to receive a free and appropriate public education (FAPE).

What are ESY Services?

Extended School Year Services, also known as ESYS or ESY, are additional special education services provided during the summer months, after the regular school year has ended. These services are available to all students with an Individualized Education Program (IEP) who qualify and are designed to help students maintain skills addressed in their IEPs during the school year. ESY services are offered free of charge, including transportation, and are tailored to meet the individual needs of each student. The school district determines the location where ESY services will be provided.

It is important to understand that ESY services are not a substitute for childcare, nor are they meant to act as a summer camp. They are not used to develop new IEP goals and objectives for the summer months.

ESY vs. Summer School

Although ESY and summer school might appear similar on the surface, they serve very different purposes and populations. Summer school is typically available to any student who wants to participate, often with a focus on academic catch-up or enrichment. Summer school programs tend to follow general education curriculum goals, while ESY services are driven by IEP goals and individualized needs. ESY may also include related services such as speech therapy, occupational therapy, or physical therapy, depending on what the student requires to maintain skills. This distinction matters when planning resources and staffing. ESY is NOT summer school. Repeating ESY is NOT summer school!

Eligibility for ESY Services

All students with an IEP must be considered for extended school year services, but not every student with an IEP is eligible. Each state sets the criteria that are used to determine if a student qualifies for ESY services, and a student’s qualification is determined annually and may vary from year to year. Like all IEP team decisions, a student’s qualification for ESY services is made based on student data. If a student qualifies for ESY in one area, it doesn’t mean they will qualify in all areas.

The Individuals with Disabilities Education Act (IDEA) is clear that ESY determinations are individual determinations & must be made based on detailed information relating to the child that is NOT limited to how much regression might occur.

Regression and Recoupment

The most widely used criteria for determining the need for ESY services are regression and recoupment. 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.

If a student qualifies for ESY services, it means they need these services to prevent them from backsliding-losing skills-during the summer. It’s an important part of their education and it would be wise to let your child attend. It is important to remember the services are free and transportation should be provided. The summer months are long, and without continued academic support and structure, many students can experience a slower start to the next school year. Attending ESY services can help students maintain important skills needed to be ready and prepared for the next school year. Being prepared can help students, parents, teachers, and related service providers to have a stronger and smoother start to the school year.

Other Factors for Determining Eligibility

However, regression and recoupment is not the only criteria to use when determining the need for ESY services. Other factors may include:

Critical Point of Instruction/Breakthrough of an Emerging Skill: In Reusch v. The critical point of instruction/breakthrough of an emerging skill must also be discussed. This is the point at which a student has almost mastered the skills in an instructional sequence. Interruptions during these windows of growth can cause those fragile gains to disappear.
Mastery and Consolidation of Skills: Another relevant concern is the extent to which the child has mastered and consolidated an important skill or behavior at the point when the program is interrupted. Since behaviors or skills that have not yet been generalized, mastered, and consolidated are more easily lost, a child is more likely to regress in that skill or behavior area if his/her special education programming is interrupted before mastery and consolidation have been achieved.
Behavior Concerns: Is there a behavior concern? The IEP team should discuss if there are behavior concerns that interfere with learning and if a disruption in behavior support will risk an increase behaviors when a student returns to school in the fall.
Progress on IEP Goals: If little or no progress has been made on IEP goals then ESY can be used to help close any gaps on critical skills. ESY is not to continue instruction on all IEP goals. The focus of ESY should be on critical skills where regression due to an extended break may occur.
Nature and Severity of Disability: The nature and severity of the child’s disability should be considered when determining eligibility for ESY. No disability category may be excluded from consideration for ESY, however, the nature and severity of a child’s disability is a key factor in the ESY eligibility determination. Children with severe disabilities are more likely to need ESY services because their regression may be more significant as well as their recoupment of skills may take longer.
Parental Ability to Provide Educational Structure: Special circumstances such as parent’s ability to provide educational structure at home. The IEP team needs to consider if a parent/guardian is unable to maintain a child’s level of progress during a break in special education programming because of the complexity of the program, time constraints, lack of expertise, or other factors. When appropriate, IEP teams should consider offering training to parents/guardians to help them maintain their child’s level of performance during interruptions in special education programming. IEP teams may also consider offering support services in the home, either directly or in cooperation with other agencies.

The IEP Team's Role in Determining ESY Eligibility

Eligibility for ESY services is assessed by a student’s IEP team. An IEP or special education services in school does not automatically make the child eligible for ESY. Eligibility varies by school district and/or state and must be looked at by the child’s IEP team annually. Parents can request an ESY program through the child’s school district or at the next IEP meeting. Similar to other decisions made by the school district, if a child is denied ESY services, the parent can appeal the decision.

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Deciding who qualifies for ESY services isn’t something done in isolation. It involves a collaborative process led by the student’s IEP team, which includes educators, service providers, and families. This conversation typically happens in the late winter or early spring. It should be based on objective evidence, not assumptions. For instance, has the student consistently required extended time to recoup after school breaks?

A student’s performance on IEP goals and objectives is monitored during the school year. Teachers and related service providers collect data regularly to monitor student progress. The data collected should be specific and give a clear picture of the student’s progress toward mastering IEP goals and objectives. Data that they review for this purpose may include IEP progress reports, report cards, current IEP, graded assignments, work samples, test scores, and other data the IEP team believes is important. Many different factors are considered when reviewing student data to determine qualification. It is important to talk to your child’s school to understand your state’s criteria for qualifying for ESY services. If your child does not qualify , you have the right to appeal the decision.

What ESY Services Look Like

ESY programs are not one size fits all. Requirements for specifying the content and duration of ESY programs were strongly stated in the Reusch v. Fountain decision.

Range of Services

There are a wide range of services offered, some as simple as take-home worksheets. Not all ESY services are provided in person. In fact, many students who require fewer supports may be given instructions for home-based activities that they can do with their parents or other caregivers. For those students who require greater supports in school, ESY services may be available full-time. Sometimes ESY may only consist of related services & no academic services. ESY does not always have to take place in the school environment. The law is clear that schools can provide services in other locations. ESY services should not be limited.

Individualized Approach

There is not a general school ESY program that students can participate in if they meet the eligibility requirements. Each ESY program is tailored specifically to the child based on their IEP. For example, your child will likely regress in their speech and language skills over summer break, the ESY services they receive must be focused on those speech and language skills.

Service Delivery Models

Schools now have more flexibility than ever in how they deliver ESY services. In-person ESY allows for hands-on support, structure, and social interaction. Hybrid models provide a mix of face-to-face and remote services. Virtual ESY works well for students who can attend independently or benefit from digital tools. When choosing a service delivery model for ESY, consider the student’s documented needs, family input, and the team’s ability to deliver meaningful instruction. Some commonly used platforms for virtual ESY services include Zoom for Healthcare, TheraPlatform, and SimplePractice.

Documenting ESY Services in the IEP

Once the team determines eligibility, the next step is proper IEP documentation for ESY. Some teams choose to amend the IEP with an addendum for summer services. Others include ESY directly in the main body of the IEP. Either way, details matter. Vague entries like “student will receive ESY as needed” don’t meet compliance standards. Instead, list the service type (such as speech therapy), frequency, duration, and setting. Good documentation also protects the team.

To document ESY services properly, schools may use IEP amendments or addenda, depending on district procedures and timing. An IEP amendment updates the existing IEP without a full team meeting. Both are acceptable ways to document ESY services, but always follow your local and state guidelines.

Writing Effective ESY Goals

Writing ESY goals starts with clarity and purpose. Unlike yearlong IEP goals, ESY objectives focus on maintenance, not new instruction. ESY goals don’t exist in isolation. They should be closely aligned with the student’s current IEP and long-term priorities. By aligning ESY objectives with current IEP targets, you create a seamless continuation of support-and avoid duplication or confusion about priorities.

The Importance of Communication and Collaboration

Communication between the home and school is very important, even when it comes to understanding the criteria to qualify for ESY services. It is important for you to know the goals and objectives in the IEP, and how they will be monitored by the teacher and related service providers. You should monitor your child’s progress data and collaborate with the service providers throughout the school year to ensure that everyone has the same understanding of your child’s progress. This is especially important if you notice a difference in your child’s performance after school vacations, or after the summer months. If your child loses skills when not in school, it means they should qualify for ESY.

Strong ESY programming also relies on clear, transparent communication with families. When schools proactively explain eligibility, share data, and include parents in decision-making, families feel more confident and supported.

Legal Considerations and Compliance

Each LEA must ensure that ESY services are available as necessary to provide a free appropriate public education (FAPE). The provision of ESY services is limited to the educational needs of the child and must not supplant or limit the responsibility of other public agencies to continue to provide care and treatment services pursuant to policy or practice, even when those services are similar to, or the same as, the services addressed in the child's IEP.

The ARD committee must consider ESY services at the annual review of a child's IEP. ESY services must be provided only if the ARD committee determines, on an individual basis, that the services are necessary for the provision of FAPE. If the loss of acquired critical skills would be particularly severe or substantial, or if such loss results, or reasonably may be expected to result, in immediate physical harm to the child or to others, ESY services may be justified without consideration of the period of time for recoupment of such skills.

Each public agency must ensure that extended school year services are available as necessary to provide FAPE (free appropriate public education), only if a child’s IEP Team determines, on an individual basis…that the services are necessary for the provision of FAPE to the child.

Ensuring FAPE

Providing Extended School Year services when appropriate is not optional for school districts. It is a legal obligation that falls under the broader mandate of offering a Free Appropriate Public Education. If a student’s learning would be substantially compromised without summer services, then ESY must be included in their IEP. Failing to provide those services when needed could be a violation of FAPE, exposing districts to compliance issues or due process claims. For clinicians and school teams, understanding the connection between ESY and FAPE is essential.

State Regulations

Ensuring compliance with federal and state regulations is extremely important when planning and delivering Extended School Year (ESY) services. Under IDEA, ESY services must be provided to students with disabilities who require them to receive a Free Appropriate Public Education (FAPE). However, IDEA doesn’t prescribe a specific standard for eligibility or delivery. Instead, it leaves much of the implementation up to individual states. States may define how regression and recoupment are evaluated, what timelines must be followed, and how services should be documented in the IEP. Due process disputes related to ESY often stem from inconsistent or undocumented decision-making.

Documentation

Thorough ESY documentation is essential, not just for IEP compliance, but also for billing and data tracking. ESY paperwork and documentation are often reviewed during compliance audits and monitoring visits. In short, your ESY paperwork should make it clear how the decision was made, who was involved, and how the services will be delivered.

Optional Nature of ESY Services

A parent can refuse ESY services even if their child meets eligibility requirements if they don’t want their child to attend, or if it simply doesn’t work with your summer schedule. For example, some parents declined the virtual ESY services offered during the COVID-19 pandemic if their child is unable to benefit from virtual learning.

Addressing Skill Loss if ESY is Declined

If the child for whom ESY services were considered and rejected loses critical skills because of the decision not to provide ESY services, and if those skills are not regained after the reasonable period of time for recoupment, the ARD committee must reconsider the current IEP if the child's loss of critical skills interferes with the implementation of the child's IEP.

If your child does not qualify for extended school year services, you can be proactive and spend time during the summer working with them on the goals and objectives in their IEP. It would be a good idea to document the skills addressed and work done during the summer, and share this with the service providers at the beginning of the school year. If you see that your child struggles with skills during the summer months, you should have a conversation with the service providers at the beginning of the school year about the challenges faced during the summer.

ESY and the Least Restrictive Environment (LRE)

If a student’s IEP specifies that the ESY program must be provided in a setting that includes students without disabilities for the student to benefit from special education services, and the school district operates summer learning programs for students without disabilities, then the school district must provide methods for meeting the least restrictive environment (LRE) requirements. If a student’s IEP specifies that the ESY program must be provided in a setting that includes students without disabilities for the student to benefit from the special education services, and the school district does not operate summer programs for students without disabilities, then the school district must provide alternative methods for meeting LRE requirements.

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