Extended School Year Services (ESY)

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The following is excerpted from the State Department of Education’s

“Update #28”, dated January 10, 2002

From: George Dowaliby, Chief, Bureau of Special Education & Pupil Services

To:  Directors of Special Education & Pupil Services, Directors of Private Approved Special Education Facilities and Directors of Charter Schools.

A clarification note regarding the provision of extended school year services is necessary at this time.  Parents are reporting to the Bureau that some school districts limit analysis of a child’s eligibility for extended school year services to a regression/recoupment criterion.  This is not a correct application of the June 1, 1996 memo distributed to school districts or of the current case law that addresses this issue.  There are both regression and nonregression factors that must be considered in determining whether or not a child may be eligible for extended school year services.  They are:

  • The nature or severity of the student’s disability (non regression);
  • The student is likely to lose critical skills or fail to recover these skills within a reasonable time as compared to typical students (regression / recoupment);
  • The student’s progress in the areas of learning crucial to attaining self-sufficiency and independence from caretakers (nonregression);
  • The student’s stereotypic, ritualistic, aggressive or self-injurious interfering behaviors prevent the student, from receiving some educational benefit from the program during the school year (nonregression); or
  • Other special circumstances identified by the IEP team.

The provision of extended school year services is the exception and not the rule for students receiving special education and related services.  Extended school year means services provided beyond the length of the regular school year as described in the IEP and is provided at no cost to the parents.  Eligibility for ESY must be determined each year.

The determination of whether or not a child will be eligible for an extended school year program and the content and location of the program are generally discussed at the annual review for the child.  This should be done early enough to allow sufficient time for resolution of any dispute regarding the provision of the services before the start of the extended school year program.  All parents should be advised of the availability of extended school year services for eligible children in any parent or student manual or in any other descriptions of services provided by the district to parents.