Does My Child Get Services Over the Summer?

Summer break is supposed to be a time to relax — but if your child has an IEP, you may be worried about what a long break without services will do to their progress. Will they lose the skills they worked so hard to gain? Will they fall behind even further? These are real concerns, and the law recognizes them.

The Quick Answer

Your child may be eligible for Extended School Year (ESY) services — special education services that continue during summer break and other extended breaks. The school must consider ESY eligibility every year at the IEP meeting. ESY is not the same as regular summer school. It is individualized support to prevent your child from losing critical skills during the break.

Your Rights in This Situation

• The IEP team must consider ESY at least once a year. This should happen at the annual IEP review. If the school does not bring up ESY, you can — and should.
• ESY is based on your child's individual needs. The school cannot deny ESY based on your child's disability category, budget limitations, or a blanket "we don't offer that" policy.
• The primary criteria are regression and recoupment. If your child loses significant skills during breaks and takes a long time to get those skills back, they likely need ESY. But these are not the only criteria — the IEP team must also consider the severity of the disability, the rate of progress, and whether emerging skills could be lost.
• ESY can include any IEP service. It is not limited to academics. Speech therapy, occupational therapy, behavioral support, and other related services can all be part of ESY.
• ESY is free to you. Like all special education services, ESY is provided at no cost.

What to Do

1. Bring up ESY at the IEP meeting. If the school does not raise it, you should. Ask: "Has the team considered whether my child needs Extended School Year services?" Make sure this discussion is documented in the IEP notes.

2. Gather evidence of regression. Think back to previous summers or long breaks. Did your child seem to lose ground? Did teachers at the start of the new year comment on how much your child had regressed? Write down these observations and bring them to the meeting.

3. Ask the school for data. Request that the school share 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 by assessing your child right before the break and right after school resumes.

4. Be specific about what services you're requesting. Don't just ask for "ESY" in general. Think about which services are most critical for your child over the summer — specialized reading instruction, speech therapy, behavioral support — and name them specifically.

5. Get it in writing if ESY is denied. If the school says your child does not qualify, request a Prior Written Notice explaining the reasons, the evidence considered, and your options for disagreeing. This is your right.

6. Consider filing for due process if needed. If you believe your child needs ESY to receive FAPE and the school refuses, you have the right to request mediation or file for due process.

Learn More

• Extended School Year (ESY) — Full details on ESY eligibility, what the law requires, and how to challenge a denial
• IEP Basics — Understanding the IEP process and what the plan must include
• Placement and Least Restrictive Environment — How placement decisions are made and your child's right to be educated with peers