How do I request ESY for my child?

Request it in writing to your child's special education case manager or director. The IEP team must consider ESY at least annually. If you believe your child needs it, put the request in writing before the IEP meeting.

Can the school conduct a reevaluation without my consent?

No, not for a reevaluation that involves new testing. The school must obtain your written consent before administering any new evaluations. If the school is reviewing existing data only (no new testing), they may not need consent for that review, but should notify you.

The school says they can just review existing records instead of new testing. Is that allowed?

Yes, but only if the team determines existing data is sufficient to establish continued eligibility and current needs. If you believe new testing is needed because the data is outdated or incomplete, you can advocate for it. You can also request an IEE if you disagree with assessment decisions.

Can I waive the reevaluation?

Yes, the school may ask you to sign a document agreeing a reevaluation is not necessary. You are not required to agree. If you have any questions about whether current data is still accurate, declining to waive and requesting a full reevaluation is the safer choice.

What if the reevaluation results say my child is no longer eligible?

Don't sign anything you disagree with at the meeting. Ask for more time to review. You can request an IEE, file a state complaint, or request a due process hearing. Losing eligibility means losing services, this decision deserves careful scrutiny, especially if your child is still struggling.

Special Education Resources

Extended School Year (ESY): What Parents Need to Know

Q: What is Extended School Year (ESY)?

ESY is special education services provided outside of the regular school year, typically during summer, for students whose IEP team determines a break would cause significant regression in skills.

Q: Who qualifies for ESY services?

Students with disabilities who are at risk of significant regression during breaks and who would take substantially longer to recoup lost skills than typical peers. Eligibility is determined by the IEP team based on data, not disability category.

If your child receives special education services, you may have heard about Extended School Year, or ESY. Maybe the school brought it up. Maybe they did not, and you are wondering why. This is one of those entitlements schools often underexplain, and families often miss.

Meghan Moore, BCBA, M.A. Special Education

What Is Extended School Year (ESY)?

Extended School Year refers to special education services provided outside of the regular school calendar, most commonly during summer break. ESY is not summer school in the traditional sense. It is not remediation for students who are behind, and it is not enrichment. ESY is special education, delivered during a break, because the IEP team has determined that stopping services would cause the student to lose skills that would be hard to rebuild once school resumes.

Under the Individuals with Disabilities Education Act (IDEA), school districts are required to provide ESY services to students with disabilities when those services are necessary for the student to receive a Free Appropriate Public Education (FAPE). The key word is "necessary." Not every student with an IEP qualifies, and not every student who qualifies needs the same services or the same amount of time.

Who Qualifies for ESY Services?

The legal standard for ESY eligibility centers on two concepts: regression and recoupment.

Regression means the student loses skills during a break from services. Recoupment refers to how long it takes the student to relearn those skills once services resume. If a student regresses significantly during breaks and takes substantially longer than typical peers to get back to where they were, that is the core indicator that ESY may be necessary.

Courts and federal guidance have identified other factors that IEP teams should consider when determining ESY eligibility:

Degree of regression during previous breaks
How long recoupment took after prior breaks
The nature and severity of the student's disability
The student's rate of progress toward IEP goals
Whether the student is at a critical learning stage or developmental juncture
Whether interruption of services would cause the student to lose critical life skills
Behavioral and emotional needs that require continuous programming

ESY eligibility is not tied to a specific disability category. A student with autism, intellectual disability, emotional behavioral disorder, or any other qualifying disability can be considered. The decision must be individualized, based on that specific child's data and needs, not a blanket district policy applied to all students.

What ESY Services Cannot Be Based On

Districts are legally prohibited from making ESY decisions based on administrative convenience or cost. A school cannot deny ESY because they do not have summer programming available, because it would be expensive, or because they apply a blanket policy limiting ESY to certain disability categories. If any of these reasons are given to you, that is a red flag worth addressing directly.

ESY decisions must be based on the individual student's needs and data. Period.

What Services Can Be Included in ESY?

ESY services should mirror whatever the student needs to prevent significant regression. That might include:

Special education instruction in specific academic or functional areas
Speech-language therapy
Occupational therapy
Physical therapy
Applied behavior analysis (ABA) or behavioral support
Life skills instruction
Social skills programming

The services provided during ESY do not have to be identical to what the student receives during the regular year. The IEP team identifies which skills are at risk of regression and designs ESY to address those specifically. If a student receives 30 minutes of speech weekly during the year but regression data suggests speech skills are the primary concern, ESY might focus heavily there, even if academic instruction is reduced.

How to Request ESY for Your Child

The IEP team is required to consider ESY at least once a year, typically at the annual IEP meeting. But "consider" does not mean they will automatically bring it up, and it does not mean they will propose it if your child needs it. You may need to raise it yourself.

Here is how to approach it:

Put your request in writing before the IEP meeting. Email the case manager or special education director stating that you want the team to formally consider ESY eligibility at the upcoming meeting. This creates a record and ensures the topic is addressed.
Bring regression data if you have it. Parent observations of skill loss during holiday breaks, progress monitoring data from teachers, or notes from outside therapists about regression all support an ESY request. The more concrete the data, the harder it is for the team to dismiss.
Ask the school what data they are using. If the team says your child does not qualify, ask them to explain the basis for that decision. What data did they review? Was regression considered? Was recoupment analyzed?
Ask for the decision in writing. If ESY is denied, the school must document that decision. Ask for written notice and their reasoning.

What If the School Says No?

A denial of ESY is not final. If you believe your child needs ESY services and the IEP team has denied the request, you have options.

First, ask for Prior Written Notice explaining the basis for the denial. Review it carefully. If the reasoning relies on district policy rather than your child's individual data, or if the team failed to consider regression and recoupment, those are grounds to challenge the decision.

Your formal options include mediation, a state complaint with your state's Department of Education, or a due process hearing. These are all available under IDEA. A due process case or state complaint citing ESY denial is not uncommon when districts apply blanket policies rather than individualized analysis.

You can also request an Independent Educational Evaluation (IEE) if you disagree with the school's assessment of your child's regression and recoupment. An outside evaluator can provide data that supports your position.

ESY and the IEP Document

If your child qualifies for ESY, it should be written into the IEP document itself. The IEP should specify:

The determination that ESY is necessary (or not necessary, with reasoning)
Which services will be provided during ESY
The duration, frequency, and location of ESY services
The goals ESY will address

ESY services can be provided in a range of settings, including the school building, a community program, a specialized facility, or even the student's home. Placement decisions follow the same least restrictive environment principles that apply during the regular school year.

Frequently Asked Questions About Extended School Year

Does my child have to qualify for special education to receive ESY?

Yes. ESY is a component of special education under IDEA. A student must have an IEP and qualify for special education services to be considered for ESY. Students with only a 504 plan are not entitled to ESY under IDEA, though Section 504 has its own provisions for ensuring students with disabilities have equal access to programs.

The school told me ESY is only for students with severe disabilities. Is that true?

No. Federal law does not limit ESY to students with severe disabilities. Courts have consistently held that districts cannot apply categorical rules excluding students based on disability classification. ESY eligibility is determined student by student based on regression and recoupment data and other relevant factors. If a school tells you ESY is not available for your child's disability category, that is legally incorrect.

What if we have a family trip planned during ESY? Can we decline services?

Yes. Parents can decline ESY services without forfeiting their child's right to them in future years. If you decline ESY for a given summer, document that decision and make sure it is reflected in the IEP. Declining services one year does not mean the district can deny them in future years when needed.

The school says they do not have ESY programming available. Is that a valid reason to deny it?

No. Lack of an existing program is not a valid basis to deny ESY when it is educationally necessary. The district is responsible for arranging services, which might include contracting with another provider, paying for a private program, or creating programming. Administrative inconvenience or the cost of establishing a program cannot override a student's right to FAPE.

My child just started receiving special education services. Can they qualify for ESY already?

Potentially, yes. There is no minimum time a student must have been receiving services before ESY can be considered. If the IEP team has data suggesting regression would occur, or if the student is at a critical developmental stage where interruption would be harmful, ESY can be considered even early in a student's time in special education.

How I Can Help

ESY decisions involve data, legal standards, and IEP team dynamics. If your child has been denied ESY and you believe they need it, or if you are not sure whether to request it, I can help you review the data, understand your rights, and prepare for the conversation with your school team.

Ready to talk through your situation? Book a free consultation.