Extended School Year Services (ESY)

Since summer is quickly approaching, I wanted to mention this topic. Federal regulations say that schools must provide ESY services when they are necessary for the child to receive a free appropriate public education (FAPE). These services are provided beyond the normal school year, are based on the child’s IEP and must meet State standards. Schools can not limit services to particular categories of disabilities or unilaterally limit the type, amount, or duration of those services.

If a parent feels that ESY services are needed, they should bring up the topic, if the school does not. The school is to bring it up for every student, but generally someone quickly says that the school does not believe ESY services are needed and they move on, before the parent realizes what is being talked about. Typically State standards use a regression/recoupment , model. This means that critical skills (academic, behavioral, self-help, etc.) will be lost over the summer and can not be recouped in a certain amount of time, usually 6-8 weeks. The federal Department of Education says that states my just use this model, but courts have ruled in some cases that other factors should be considered.

Most schools concentrate on the regression/recoupment model, even if State standards allow for other criteria. If there is disagreement with the school, it is important to obtain a copy of your State’s ESY standards and study them. For example the Texas rules say "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 student or to others, ESY services may be justified without consideration of the period of time for recoupment of such skills." The Louisiana rules include self-injurious behavior, excessive absences (for medical reasons), late entry to the school (after Jan. 1), and employment (support for students who need it to keep a job). They also have a criterion called Extenuating Circumstances which is intended to "identify the student who meets the spirit, but not the letter, of the existing criteria." An interesting concept.

Hopefully this will give you ideas for building a case for ESY services when they appear to be needed for a child. Remember that any summer program that the school has should be available for students with a disability. Also transportation should be provided by the school if ESY services are being provided. Services may include or be limited to related services. Even if an IEP Team meeting has said ESY is not needed, a parent can ask for another meeting to reconsider this issue. There are many sources for additional information on this topic. I would suggest your state Parent Training and Information Center. Also check centers in other states. The Kansas Center has good resources on this at: www.familiestogetherinc.org/esycomphomebound.html.