Look below for state by state examples of this section!
How to Read an IEP: Extended School Year
A State-by-State Guide to Reading Extended School Year Sections
Understanding the Extended School Year Section of an IEP
What is extended school year (ESY)?
ESY is summer school for students with disabilities. Typically, programs will run on a half day schedule for one month over the summer– something like nine to noon, Monday to Thursday.
Qualifying for ESY is a team decision but the criteria should be whether the student will regress over summer without IEP services.
In general, the only students who qualify for this are students with more significant needs for whom a break without school can cause significant regression. This might be a child with Autism who without the routine of school over the summer will have a lot of challenges managing in the fall or a child with really, really significant learning challenges who will regress over the summer. Only a small fraction of students typically get ESY– although any parent can request it and see what happens.
ESY is taught by whoever the district can find and generally consists of activities like making ants on a log and recess with a lot of supported communication from a speech pathologist. So don’t expect it to be like a hard hitting summer school– it’s a routine of going to school made as fun as the staff can pull off.
Where in the IEP is ESY?
Sometimes there is an ESY box on the special factors page. If not, it can literally be anywhere in the IEP. To be annoying, most districts don’t spell out ESY and the page never states that it is extended school year. If you think your child needs it, hunt for it. If not, ignore it.
How does ESY vary across districts and states?
Extended school year is part of IDEA. That means that every single district in the United States is required to offer it. Some try to hide it and will never mention it and some will offer it readily– and some have programs so bad it is a waste of your child’s time. But all of them are legally required to have an ESY program. However, there is no rule about what ESY needs to look like, how many days per week it needs to meet, or how many hours per day. ESY has to exist under the law– but everything else from who goes to how long it is to what happens during it (other than the delivery of basic IEP services) can vary widely across districts and states.
What does the IDEA law say about ESY?
The Individuals with Disabilities Education Act says that students with disabilities should be able to receive services beyond the school year if the student needs it as part of their free and appropriate education– and districts can’t put limits on who gets ESY by things like disability category.
What IDEA says in 34 C.F.R. § 300.106:
300.106 Extended school year services.
(a) General.
(1) Each public agency must ensure that extended school year services are available as necessary to provide FAPE, consistent with paragraph (a)(2) of this section.
(2) Extended school year services must be provided only if a child’s IEP Team determines, on an individual basis, in accordance with §§300.320 through 300.324, that the services are necessary for the provision of FAPE to the child.
(3) In implementing the requirements of this section, a public agency may not—
(i) Limit extended school year services to particular categories of disability; or
(ii) Unilaterally limit the type, amount, or duration of those services.
(b) Definition. As used in this section, the term extended school year services means special education and related services that—
(1) Are provided to a child with a disability—
(i) Beyond the normal school year of the public agency;
(ii) In accordance with the child’s IEP; and
(iii) At no cost to the parents of the child; and
(2) Meet the standards of the SEA.
What do I look for in the IEP to know if it is good?
If the child qualifies for extended school year, there needs to be a box checked on the IEP and information entered about what goals will be worked on. If you want your child to get something out of ESY, prepare to be organized. ESY teachers are almost never the regular school year case managers and ESY programs are infamously disorganized. You will want a copy of your child’s IEP and, if possible, a binder of stuff for them to work on that you can hand deliver to the ESY teacher. For real. Sometimes it takes all of ESY for the teacher to get access to the IEP. I subbed a month once and never got IEPs. I used to hand deliver all of my students’ IEPs to their ESY teachers along with every piece of work I wanted them to do over the summer– and they prayed they would do at least a fraction of it.
Note that it is up to the team if a student will qualify. The criteria is supposed to be whether a student will regress but a lot of students who regress academically over the summer will not be offered ESY– districts tend to focus on students with significant communication or social needs. If you want your student to have ESY, push for it! But you also need to know that you aren’t getting credit recovery summer school or services with your child’s case manager– you are most likely getting something much more laid back!
When and how should I get help?
It depends on who you are. If you are a parent, you have the right to show the IEP to anyone you want to get their thoughts on it– and the right to bring someone who has “knowledge or special expertise regarding the child” to the IEP meeting. To learn more about parents’ rights in IEP, visit our page on the rights hidden inside district procedural safeguards.
If you are a teacher at the school and are worried about the quality of the IEP goals, feel out the case manager. If you hit resistance, try meeting with a service provider at the school an administrator, or a special education teacher that you are more comfortable with– but try the case manager first to get a sense of what is going on.
Here is what IDEA says in 34 C.F.R. § 300.321(a)(6) about bringing people to meetings:
‘‘(vi) at the discretion of the parent or the agency,
other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and
other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and
What are the disclaimers?
This website is not a lawyer or an educational advocate. Nothing on this site is, nor is intended to be, legal advice. The information here is for informational purposes only.
If you are worried about your student or child’s IEP, please reach out to a real, live human.
Many law schools have free educational law clinics for special education. Many larger districts employ ombudsmen to bridge the gap between parents and schools. Many regions and states have parent centers that can help parents connect to other parents and find resources in their community. All of those are free, as is talking through the paperwork with a friend. Educational advocates are often paid professionals with special expertise who can also help. While we are happy to address general questions about the IDEA law or IEP process, please note that any communication via email is for informational purposes only and cannot be treated as legal advice. You can email questions to rose@spedhelper.org.
