ESY Determination

EXTENDED SCHOOL YEAR (ESY)

School districts are required to provide extended school year (ESY) services to a student if the IEP team determines the services are necessary during a break in instruction in order to provide a Free Appropriate Public Education (FAPE).

ESY Determination:

At least annually, the IEP team must determine a student is in need of ESY services if the student meets the conditions of item 1, 2, or 3. (see ESY Decision Flowchart)

  1. There will be significant regression of a skill or acquired knowledge from the student's level of performance (i.e., the student’s level of performance prior to the break in instruction) on an annual goal that requires more than the length of the break in instruction to recoup unless the IEP team determines a shorter time for recoupment is more appropriate;
  2. For a student who is in a functional curriculum, services are necessary to attain and maintain self-sufficiency because of the critical nature of the skill addressed by an annual goal, the student's age and level of development, and the timeliness for teaching the skill. To attain self-sufficiency, the student must maintain skills consistent with their IEP goals in any of these skill areas:
    1. basic self-help, including toileting, eating and dressing,
    2. muscular control,
    3. physical mobility,
    4. impulse control,
    5. personal hygiene,
    6. development of stable relationships with peers and adults,
    7. basic communication;, or
    8. functional academic competency, including basic reading and writing skills, concepts of time and money, and numerical or temporal relationships; or
  3. The IEP team otherwise determines, given the student's unique needs, that ESY services are necessary to ensure the student receives a Free Appropriate Public Education.

 

Sources of Information:

The IEP team must decide the basis for determining whether a student is eligible for ESY services using information including:

  1. Prior observation of the student's regression and recoupment over the summer;
  2. Observation of the student's tendency to regress over extended breaks in instruction during the school year; and
  3. Experiences with other students with similar instructional needs.

 

Other Factors to be considered:

In making its determination of ESY, the IEP team must consider the following factors, when relevant:

  1. The student's progress and maintenance of skills during the regular school year;
  2. The student's degree of impairment;
  3. The student's rate of progress;
  4. The student's behavioral or physical problems;
  5. The availability of alternative resources;
  6. The student's ability and need to interact with nondisabled peers;
  7. The areas of the student's curriculum which need continuous attention; or
  8. The student's vocational needs.

 

Documentation:

When a student is eligible for ESY Services, the team must determine which goal(s) will be addressed during ESY services, and the amount and type of services necessary to maintain the skill or address the self-sufficiency concern, and document its decision via use of the Extended School Year (ESY) Services form.

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