Extended School Year (ESY)

What Is Required

"Extended school year services (ESY) services" means special education and related services that (34 CFR 300.106(b)) are provided to a child with a disability (34 CFR 300.106(b)(1)) beyond the normal school year of the local education agency CFR 300.106(b)(1)(i)in accordance with the child's individualized education program (IEP) (CFR 300.106(b)(1)(ii)) at no cost to the child (CFR 300.106(b)(1)(iii))

The provision of ESY services is limited to the educational needs of the child and must not supplant or limit the responsibility of other public agencies to continue to provide care and treatment services pursuant to policy or practice, even when those services are similar to, or the same as, the services addressed in the child's IEP (19 TAC 89.1065(8))

In determining the need for and in providing ESY services, the local educational agency (LEA) may not (CFR 34 300.106(a)(3)) and (19 TAC 89.1065(1)) limit ESY services to particular categories of disability (CFR 300.106(a)(3)(i) and 19 TAC 89.1065(1)(A)) or unilaterally limit the type, amount, or duration of ESY services ( CFR 300.106(a)(3)(ii)and TAC 89.1065(1)(B) )

The need for ESY services must be determined on an individual basis by the admission, review and dismissal (ARD) committee ( 19 TAC 89.1065(1).Each LEA must ensure that ESY services are available as necessary to provide free appropriate public education (FAPE) (CFR 300.106(a)(1)) and ESY services must be provided only if a child's ARD committee determines, on an individual basis, that the services are necessary for the provision of FAPE (34 CFR 300.106(a)(2)). If the LEA does not propose ESY services for discussion at the annual review of a child's IEP, the parent may request that the ARD committee discuss ESY services (19 TAC 89.1065(5) )

The ARD committee must determine the need for ESY from formal and/or informal evaluations provided by the district or the parents (19 TAC 89.1065(2)). For a child enrolling in the LEA during the school year, information obtained from the prior LEA as well as information collected during the current year may be used to determine the need for ESY services (19 TAC 89.1065(7)).

The ARD committee must identify the critical areas addressed in the current IEP objectives, if any, in which the child has exhibited, or reasonably may be expected to exhibit, severe or substantial regression that cannot be recouped within a reasonable period of time (19 TAC 89.1065(2))

A skill is critical when the loss of that skill results, or is reasonably expected to result, in any of the following occurrences during the first six weeks of the next regular school year (19 TAC 89.1065(4)): Placement in a more restrictive instructional arrangement ( 19 TAC89.1065(4)(A)); Significant loss of acquired skills necessary for the child to appropriately progress in the general curriculum ( 19 TAC89.1065(4)(A)); Significant loss of self-sufficiency in self-help skill areas as evidenced by an increase in the number of direct service staff and/or amount of time required to provide special education or related services ( 19 TAC89.1065(4)(A)); Loss of access to community-based independent living skills instruction or an independent living environment provided by noneducational sources as a result of regression in skills (19 TAC89.1065(4)(D)); or Loss of access to on-the-job training or productive employment as a result of regression in skills ( 19 TAC89.1065(4)(E)); and

"Severe or substantial regression" means that the child has been, or will be, unable to maintain one or more acquired critical skills in the absence of ESY services (19 TAC89.1065(2) ).

What We Do

Extended School Year (ESY) services are considered for all students receiving Special Education services. The ARD/IEP Committee decision is based upon several criteria as described in the ESY/ARD Decision Making Guide below.

Components of ESY Services:

• The student qualifies for ESY services if: in one or more critical areas (addressed in the student’s current IEP) he or she has exhibited, or reasonably may be expected to exhibit, severe or substantial regression that cannot be regained within a reasonable period of time.
• The term "severe or substantial regression" means that the student has been, or will be, unable to maintain one or more acquired critical skills in the absence of ESY services.
• A skill is critical when the loss of that skill results, or is reasonably expected to result, in any of the following occurrences to the student during the first six weeks of the next regular school year:
  1. removal to a more restrictive placement,
  2. a significant loss of skills needed to progress in the general curriculum,
  3. a significant loss of self-help skills, and therefore requires more direct services and support,
  4. loss of access to non-educational community-based independent living skill instruction or an independent living environment as a result of losing skills, or
  5. loss of access to on-the-job training or productive employment due to losing skills.
• If the loss of acquired critical skills would be particularly severe or substantial, or if such loss results 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 regaining such skills.
• In any case, the period of time for regaining a critical skill shall not exceed six weeks. If the ARD/IEP Committee determines that the student is in need of ESY services, then the IEP must include goals and objectives for ESY services from the student’s current IEP in the ESY Supplement.
• For students who qualify under Autism Spectrum Disorders, ESY is included as one of the possible services offered through the Autism (AU) Supplement that is reviewed by the ARD committee.