Raven's Guide to
Special Education

Extended school year services

Legal requirements

Extended school year (ESY) is not mentioned in the IDEA statute, but is in the IDEA regulations, which state that ESY services must be made available to individual students who require such services in order to receive a free appropriate public education (FAPE). This requirement recognizes that some students with disabilities will not receive an appropriate education unless they have special education or related services during the summer months. ESY services were mandated to assist these students in maintaining or generalizing IEP objectives related to self-sufficiency, behavior, socialization, communication and academics.

Federal regulations define "ESY services" as special education and related services that are provided to a child with a disability, are beyond the normal school year of the school, are in accordance with the child’s IEP, are provided at no cost to the child's parents, and meet the standards of the state educational agency. These 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 child. Schools may not limit ESY services to particular categories of disability, and may not limit the type, amount, or duration of those services.

Determining ESY needs

For many severely impaired students, it is impossible to maintain the student in the least restrictive environment without ESY services. This is because the student's skill level or behavior deteriorates so much over the summer break that an excessive amount of time must be spent teaching the student those skills or behaviors again. This relearning process significantly reduces the time available for teaching such a student new skills. ESY services help overcome this problem.

 

Although eligibility for ESY services must be based on a variety of information, that provided by the student's special education teacher or therapist is usually the most accurate. Two commonly used methods are as follows:

  1. Information is collected on each objective in the student's IEP each day up to and after an extended break, while not changing the instruction during this period.
  2. Information is collected on one or more mastered objectives without scheduling review teaching sessions. If regression occurs, review sessions are scheduled. The student's regression-recovery patterns are documented by recording the time the student needs to regain the skills.

Since most students experience some regression over extended breaks in instruction, there must be a significant increase in the recovery period for a student to need ESY services. Each school district is responsible for developing procedures to decide what are reasonable regression and recovery rates for its students.

 

Children with severe disabilities are most likely to have difficulty maintaining and generalizing skills after breaks in instruction. Eligibility, however, must be determined for each special education student regardless of the student's special education classification or the severity of the student's impairment.

Appropriate factors for deciding ESY eligibility

Evidence of a regression/recoupment problem. Many children regress to a lower level of functioning over vacation periods, but both non-disabled and special education children usually recover (recoup) skills to the level achieved previously in a short period of time. A regression/recoupment analysis considers the amount of regression a child experiences as a result of a break from school with the amount of time required to regain the prior level of skill, and whether the child loses crucial self-sufficiency objectives during the break, with little possibility of a reasonable recoupment period.

Critical learning stages
that occur when a student has developed a concept, skill, or behavior and needs continued help maintaining or generalizing what has been learned to other situations.

 

Least restrictive environment. Some students with disabilities cannot be maintained in the least restrictive environment without ESY because without the service, the student's skill level or behavior would deteriorate significantly over the summer break.


Parental skills and abilities. The IEP team must consider the ability of parents to maintain a child’s level of skill during the summer break because of the complexity of the instructional program, their lack of expertise or other relevant reasons. (ESY might include parent training in specific areas to help prevent child regression.)

 

Information from teachers, parents, and agencies, including the following:

Regular observations of the student that are data-based and that document the student's progress.

 

The student's previous history, including evidence of past regression and previous ESY services.

Inappropriate factors for deciding ESY eligibility

 

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