Extended School Year (ESY)
Your child's right to Extended School Year services during summer and other long breaks, including eligibility criteria, what schools cannot do, and how to request ESY.
Page Information
Jurisdiction: Federal IDEA + California special education law
Reviewed: Pending expert review
This page is informational but is still being reviewed by a special education expert. Some details may change.
Extended School Year (ESY)
Does Your Child Need Services Beyond the Regular School Year?
If your child receives special education, you may have heard the term — or ESY. This refers to special education and that are provided beyond the regular school year, typically during summer break. ESY is not summer school in the general sense. It is specially designed instruction and services that your child needs to maintain the skills they've gained during the school year.
Here is the most important thing to understand: ESY is not a bonus or a reward. It is a right. If your child's team determines that your child needs ESY services to receive a , the school must provide them — at no cost to you.
ESY services can include anything that is in your child's IEP — specialized instruction, speech therapy, occupational therapy, behavioral support, counseling, or any other service your child receives during the regular year. The key question is whether your child needs those services during extended breaks to avoid losing critical progress.
Tip
ESY is not just for summer. It applies to any extended break — winter break, spring break, or any interruption in services long enough that your child would lose significant progress. However, summer is the most common period addressed.
How ESY Eligibility Is Determined
The IEP team — which includes you — must consider ESY eligibility at least once a year, usually during the annual IEP review. The decision must be made on an individual basis, looking at your specific child's needs. The school cannot use blanket rules or formulas.
The primary factors the IEP team considers include:
Regression and Recoupment
This is the most commonly discussed ESY criterion. refers to how much skill your child loses during breaks from school. refers to how long it takes your child to get those skills back once school resumes.
- If your child loses significant skills during breaks (regression)
- And it takes them an unusually long time to regain those skills when school starts again (slow recoupment)
- Then your child likely needs ESY to maintain their progress
Other Factors
Regression and recoupment are important, but they are not the only criteria. California regulations require the IEP team to also consider:
- The nature and severity of the disability — Children with more significant disabilities may be more vulnerable to skill loss
- Rate of progress — If your child is making very slow progress, a long break could erase months of gains
- Emerging skills and breakthrough opportunities — If your child is on the verge of mastering a critical skill, an interruption could cause that window to close
- Interfering behaviors — If your child's behavior is a significant concern, a long break without behavioral support could result in major setbacks
- Special circumstances — Any other factor that suggests your child needs services beyond the regular year
Tip
You do not have to prove that your child has already regressed. The IEP team can — and should — consider whether regression is likely based on past data, the nature of your child's disability, and professional judgment. Ask the team: "Given what we know about my child, what is likely to happen over a 10-week break without services?"
What Schools Cannot Do
The law is clear about several restrictions on how schools handle ESY:
- Cannot limit ESY to certain disability categories. The school cannot say "ESY is only for students with autism" or "ESY is only for students with intellectual disabilities." Every student with an IEP must be considered individually.
- Cannot limit the type of services. ESY is not limited to academics. If your child needs speech therapy, occupational therapy, behavioral support, or counseling during the break, those services should be included.
- Cannot limit the amount or duration. The school cannot automatically set ESY at a certain number of hours or weeks. The services must be based on your child's individual needs.
- Cannot require you to prove regression first. The school does not need to wait for your child to actually regress before providing ESY. Predictive data and professional judgment are valid bases for the decision.
- Cannot use cost as a reason to deny ESY. If your child needs the services, the school must provide them regardless of budget.
What the Law Says
What To Do Next
- Bring up ESY at the IEP meeting. If the school does not raise ESY, you should. Ask the team: "Has the team considered whether my child needs Extended School Year services?" Make sure this discussion is documented in the IEP notes.
- Gather your evidence. Before the meeting, collect data that supports your request. This might include: past patterns of regression after breaks, slow progress during the school year, teacher observations, therapy progress reports, or documentation of behavioral changes after extended absences.
- Ask for data-based decision making. Request that the school provide data on your child's skill levels before and after previous breaks. If the school does not have this data, ask them to begin collecting it.
- Be specific about what services your child needs. Don't just ask for "ESY." Specify which services (speech, OT, specialized instruction, behavioral support) your child needs during the break, and how often.
- Request Prior Written Notice if denied. If the IEP team decides your child does not qualify for ESY, request a Prior Written Notice explaining the decision, the evidence considered, and the alternatives discussed. This is your right under IDEA § 300.503.
Sample Letter: Requesting ESY Consideration
Dear [Special Education Director or Case Manager],
I am writing to request that my child's IEP team formally consider Extended School Year (ESY) services for [Child's Name], who is currently in [grade] at [School Name].
I am concerned that [Child's Name] will experience significant regression during the upcoming [summer/extended break] without continued support. My concerns are based on [describe specific evidence — for example: "previous years' data showing significant skill loss after summer break," "the slow rate of progress my child is making, which could be erased by a long break," "my child's difficulty with [specific skill] that is just beginning to emerge," or "behavioral challenges that worsen without consistent structure and support"].
Under IDEA Section 300.106 and California Code of Regulations Title 5 Section 3043, the IEP team is required to consider ESY on an individual basis, taking into account regression, recoupment, the severity of the disability, and other relevant factors. I am requesting that this discussion take place at the next IEP meeting and that the team consider all relevant data.
Specifically, I am requesting ESY services in the following areas: [list specific services — for example: "specialized reading instruction," "speech-language therapy," "occupational therapy," "behavioral support"].
Please contact me to schedule this discussion. Thank you.
[Your Name] [Your Contact Information] [Today's Date]
If the School Denies ESY
If the school says your child does not qualify for ESY, do not give up. Here's what to do:
- Request Prior Written Notice explaining the reasons for the denial, the data considered, and the alternatives discussed
- Review the data yourself — if you believe the school is not looking at the full picture, you can present your own evidence
- Request an IEP meeting to revisit the decision with additional information
- File for mediation or due process if you believe your child is being denied by not receiving ESY services
- Contact a parent advocate who can help you present your case
Tip
The most common reason ESY is denied is that the school claims there is "insufficient data" to show regression. If this happens, ask why the school has not been collecting regression data — and request that they start collecting it immediately by assessing your child's skill levels before and after the next break.
When to get one-on-one help from an advocate or attorney
Consider contacting an advocate or attorney if any of these apply:
- The district fails to respond to your assessment request within 15 days, misses the 60-day assessment deadline, or repeatedly refuses requests you've made in writing.
- Your child is losing instruction time, being disciplined frequently, or showing significant regression.
- The district wants to move your child to a different school or classroom against your wishes, or you are preparing for mediation or due process.