(The following is NOT to be considered legal advice. To be sure you are armed with the correct information, we urge you to attain special education rights training--see the links to the left of this page)

ESY is provided for under federal law (IDEA).

Sec. 300.309 Extended school year services.

(a) General.
(1) Each public agency shall ensure that extended school year services are available as necessary to provide FAPE, consistent with paragraph (a)(2) of this section.
(2) Extended school year services must be provided only if a child's IEP team determines, on an individual basis, in accordance with Secs. 300.340-300.350, that the services are necessary for the provision of FAPE to the child.
(3) In implementing the requirements of this section, a public agency may not--
(i) Limit extended school year services to particular categories of disability; or
(ii) Unilaterally limit the type, amount, or duration of those services.

(b) Definition. As used in this section, the term extended school year services means special education and related services that-
(1) Are provided to a child with a disability--
(i) Beyond the normal school year of the public agency;
(ii) In accordance with the child's IEP; and
(iii) At no cost to the parents of the child; and
(2) Meet the standards of the SEA.
(Authority: 20 U.S.C. 1412(a)(1))

1) Is ESY summer school?

NO! ESY is provided at NO COST TO PARENTS! ESY is not limited to the summer break! If the IEP teams decides that a student's FAPE (Free and Appropriate Public Education )requires ESY and that the child/student may recieve some of those services through a summer school program, the parents are not to be charged for the program...ESY if needed MUST be written into the IEP.

2) What should we look at in deciding ESY for my child?

In Reusch v. Fountain (1994) the courts found the following to be consdered-

1. Regression and recoupment - Does the child lose skills over a break in the school year and does the child struggle to retain those skills within a reasonable time once back at school?

2. Degree of progress toward IEP goals and objectives;

3. Emerging skills/breakthrough opportunities -(sample) Did your dyslexic student have a breakthrough in reading prior to the end of the school year?......IS that child going to lose those emerging skills over a break?

4. Interfering Behavior - does the child’s behavior interfere with his or her ability to benefit from special education;

5. Nature and/or severity of disability;

6. Special circumstances that interfere with child’s ability to benefit from special education.

3) Can my school district say they it's not district policy to provide ESY, therefore they don't provide it?

They can say it but they will be violating your child's legal rights! Remind them that federal law will supercede their district policy!

4) My school district told me they have a "special needs summer program" for ESY and that my child can only recieve a set amount of related services such as speech or pt. Is this right?

Nope! The IEP team decides the amount, duration and location of services and those services MUST be individualized to the child's needs...not the programs needs!

Parents make sure you do your research on ESY. Make sure it is discussed at your child's IEP...BRING IT UP! Some states require it to be discussed at the annual IEP other states do not require it to be discussed!!!

Example..In Wisconsin it is not required to be discussed unless an IEP team member raises the issue of ESY. YOU ARE A TEAM MEMBER! This could be the very reason why many parents in Wisconsin, especially rural Wisconsin, have NO IDEA what ESY is!!! This could also be the reason why when one of our members asked a related service personnel (Speech Therapist) about ESY services for her child, that "experienced and knowledgable" therapist said "What's ESY?"

Educate yourself than educate the IEP team! Do not let them (school district personnel) be the ones to give you legal advice!!!

Learn More...

ESY - Wrightslaw

ESY - Reed Martin