When the IEP is developed initially or reviewed annually, the IEP team must consider the need for ESY services for children with disabilities. ESY services are different than general education summer school. ESY may or may not be provided in conjunction with the general education summer school. ESY may be needed by a student even though summer school is not offered for general education children. In fact, for certain students, services over winter or spring breaks may be needed. The reason for these services is to ensure the provision of a FAPE so that the student can make progress toward the goals specified on the student’s IEP and to prevent regression, which would impede such progress.
The need for ESY is to be decided individually. Therefore, a district must not have a policy that no ESY services will be provided, that they are only available to a certain group or age of students, or that services are only provided for a set amount of time or a specified number of days. Personnel providing ESY services should meet the same requirements that apply to personnel providing the same types of services as a part of a regular school program.
If the team decides to defer the decision regarding ESY eligibility, the deferred date can be no later than the end date of the current school year. It is only necessary to defer to a later date if the team does not have the information needed to determine eligibility for ESY services.
When determining ESY eligibility, the team will address the following questions:
To continue to the next step in the IEP Process: Creating Draft and Final IEPs in Easy IEP, click Next below.
IEP Process Extended School Year