Extended School Year Services

Extended School Year Services


Parents of children with disabilities must remember that their children may be eligible for Extended School Year Services (ESY). This is a factor that can be considered in whether a Free and Appropriate Education (FAPE) is provided by a school district.
ESY is not summer school. Summer school is to provide remediation to those students who did not obtain passing grades during the regular school year. ESY services are individualized and based upon the child’s specific needs. The purpose of ESY services is to limit the regression of skills that a student may suffer from the extended break over the summer and the recoupment time that would be necessary to bring the student back to the skill level attained prior to the summer break. Washington Administrative Code (WAC) 392-172A-02020: and Oregon Administrative Rules (OAR) 581-015-2065. Also see Code of Federal Regulations (CFR) 300.106.
In an OSEP Policy letter (Given letter) (2003), they stated that some of the factors that states may use in making ESY determinations are: likelihood of regression, slow recoupment of skill and predictive data of professionals familiar with the student.
However, in MM v. School District of Greenville County 303 F. 3d 523 (4th Cir. 2002) the court determined that

“ESY services are only necessary to a FAPE when the benefits of a disabled child gains
During a regular school year will be significantly jeopardized if he is not provided with
An educational program during the summer months” p. 538.

Parents must carefully document their child’s progress during the school year, but additionally must be cognizant of and document any academic, functional or behavioral regression in your child that occurs over the summer break and evaluate how much time is spent the next year recovering the very same skills that your child possessed before the summer break. Losing instruction time and continuing to teach skills already acquired limits a students’ progress.


This is legal information only, not legal advice!
The above listed information about special education law is for general information only. General legal information is not the same as legal advice -- which requires the application of law to an individual's specific circumstances. Although I believe the information to be accurate and useful, I strongly recommend that you consult a lawyer if you want professional advice regarding your specific legal situation and do not rely solely on the information provided above.