Quarter four report cards, annual goal progress reports, state testing, graduation notices, retention letters, and rushed IEP meetings, it's all standard for many families. But if you're new, it can feel overwhelming.
We're here to help you get through this busy season and rev up for a summer that actually supports your child's growth. Today's topic: Extended School Year (ESY) services.
Why Extended School Year (ESY) Services Matter
In many IEP meetings, ESY is often brushed off with a quick "they don't qualify," sometimes before any real discussion takes place. Despite longstanding federal guidance from the Office of Special Education Programs (OSEP) that ESY services cannot be limited based on disability category, many IEP teams still rely on outdated notions of who "deserves" summer services.
We're here to change that. We'll equip you with the knowledge and confidence to advocate for the services your child may need.
What is Extended School Year (ESY)?
Extended School Year services are special education and related services provided beyond the normal school year, meaning during school breaks, including but not limited to summer, to help a student maintain skills and progress toward their Individualized Education Program (IEP) goals.
While most families associate ESY with summer, ESY can be provided during other breaks if necessary. The key point, as OSEP has clarified, is that ESY services are designed to ensure a Free Appropriate Public Education (FAPE) by preventing substantial regression.
If your child needs support during school breaks to avoid losing important skills or to stay on track toward their IEP goals, the school must consider and, if appropriate, provide ESY services. It's about maintaining critical skills, not advancing new ones, and ensuring meaningful progress.
Who Qualifies for Extended School Year Services?
ESY is for any student who needs it to maintain progress toward their IEP goals, not just students with "severe" disabilities.
While regression (losing skills) and recoupment (how long it takes to regain them) are common factors, they are not the only ones. According to OSEP guidance, other indicators include:
- Emerging critical skills that could be lost over breaks.
- Behavior needs that disrupt learning if routine is broken.
- Risk of losing functional, social, or communication skills.
- Incomplete transition services critical to postsecondary success.
There's no one-size-fits-all, and no legal requirement that a student must fail first to qualify for ESY services.
Common Mistakes Schools Make About ESY
- Believing ESY is only for students with "severe" disabilities.
- Saying ESY is only available if a child failed classes.
- Using arbitrary limits (e.g., "our district only offers 4 weeks").
- Refusing to even discuss ESY unless a parent demands it.
- Assuming cost, staffing, or scheduling can legally limit ESY.
- Failing to review data like regression, skill loss, or emerging skills.
If your IEP meeting feels like the ESY decision was already made before you walked in — that's a violation of your child's rights.
How to Know if Your Child May Need ESY
Look for signs like:
- Significant skill loss after past breaks (winter, spring, summer).
- Struggles to re-learn old skills after breaks.
- IEP goals that are critical for life skills, communication, or independence.
- Emerging skills (close to mastering reading, math, behavior goals) that could regress without continued instruction.
- Gaps in critical areas that threaten your child's long-term success if left unsupported.
Understanding Regression and Recoupment
Let's break down these critical terms and look at real examples of what schools should be measuring:
- Regression: A loss of previously learned skills during school breaks
- Recoupment: The time needed to relearn and return to pre-break performance levels
- Recoupment Period: Generally, 6-8 weeks is considered reasonable for skill recovery
Example 1: Reading Fluency Data
A typical student might show some skill loss over summer but recovers within 4-6 weeks. A student needing ESY shows:
- Significant drop in performance during break (more than 50% loss)
- Minimal recovery even after 6 weeks of instruction
- Continued struggle to reach pre-break levels
Example 2: Math Fact Fluency
Math fact fluency (speed and accuracy) is a key indicator of skill maintenance. In this example:
- Typical student maintains about 75% of their math fact speed over summer
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Student needing ESY shows:
- Sharp decline from 45% to 15% accuracy during break
- Minimal improvement even with daily practice
- Continued difficulty with previously mastered facts
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This pattern often indicates:
- Loss of automatic recall
- Return to counting on fingers
- Increased frustration with new math concepts
How to Push Back When the IEP Team Says "No" to ESY
Ask for the data. Request specific progress monitoring that shows your child doesn't need ESY. This should include reading levels, math assessments, behavior tracking, and any other relevant measurements from before and after previous breaks. If the team can't produce this data, that's a red flag.
Request specific discussion about regression and recoupment. Keep the conversation focused on evidence, not opinions. Ask questions like: "How long did it take my child to return to their previous reading level after winter break?" or "Can you show me the data comparing September performance to May performance?"
Document everything. Keep detailed notes during the meeting. Write down who said what, what data was presented, and what alternatives were discussed. Follow up every verbal conversation with an email summarizing what was discussed. Request written copies of all assessments and progress monitoring. Save everything, including informal communications about your child's progress.
Use data from previous breaks. If your child showed significant skill loss after winter or spring break, bring this up. These shorter breaks can provide evidence of how your child might be affected by the longer summer break. Point out any patterns you've noticed in homework completion, behavior changes, or skill retention after breaks.
Focus on critical skills. Highlight specific skills that are essential for your child's progress. For example: "Without consistent practice, he loses his ability to decode new words, which impacts all areas of learning" or "Her emerging communication skills need continuous support to prevent regression."
Stay calm. Stay firm. Expect decisions based on your child's unique needs, not generalizations or district policies. If you hear phrases like "we don't usually" or "we typically don't," remind the team that ESY decisions must be individualized. Use language like: "I understand that's the typical approach, but let's look at my child's specific data and needs."
Reference the law. Remind the team that IDEA requires ESY services when necessary to provide FAPE. The decision can't be based on:
- District resources or convenience
- One-size-fits-all policies
- Disability category
- Type of placement
What to Do if the School Still Refuses ESY
Request Prior Written Notice (PWN). The school must provide a detailed written explanation of why they're refusing ESY services. This document should explain what data they considered, why they rejected ESY, and what other options they considered. If the PWN is vague or doesn't address specific concerns you raised, request a more detailed explanation in writing.
Consider mediation. Before moving to more adversarial options, request mediation through your state's education agency. Mediation is free, less formal than due process, and often leads to mutually agreeable solutions. The mediator can help facilitate productive discussion about your child's specific needs and potential compromises.
File a state complaint. If mediation isn't successful or you prefer a formal investigation, file a state complaint. Detail how the school violated IDEA's ESY requirements, attach your evidence, and specify what resolution you're seeking. The state must investigate and respond within 60 days. Focus on procedural violations like failing to properly consider ESY or making blanket policy decisions.
Consider due process. While more complex and often requiring legal representation, a due process hearing might be necessary if other options fail. The hearing officer can order ESY services if they find the school's decision inappropriate. Remember that you generally have two years from when you knew or should have known about the violation to file.
Connect with an advocate. An experienced special education advocate can help evaluate your case, organize your documentation, and recommend next steps. They can also attend IEP meetings, help draft complaints, and connect you with other resources. Look for advocates with specific experience handling ESY disputes in your state.
Explore alternatives. While pursuing your rights, also research summer programs, tutoring options, or other services that could help maintain skills. Keep records of any private services you arrange, as you may be able to seek reimbursement if the school's ESY denial is found inappropriate. Document any regression that occurs without ESY services, as this could support future requests.
Final Thoughts: Protect Your Child's Summer Learning
Summer matters. Your child's learning and growth don't pause just because the school calendar does. Extended School Year services ensure that critical skills are preserved, not lost, over extended breaks.
If you believe your child needs ESY and you're facing resistance, we can help.
Need Help With ESY Services?
Connect with an advocate today to review your child's needs, prepare for your IEP meeting, and make sure summer supports are on the table.
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