Does my child with an IEP need ESY?

September 26, 2017

What are extended school year services?

 

Extended year services, also called ESY, are special education and related services provided to students whose unique needs require they be provided special education and related services beyond the regular school year. These services are provided to students for a minimum of 20 days during the period of time between the close of one academic year and the beginning of the succeeding academic year.

 

As is true of services offered to students with IEPs during the regular school year, ESY services are individualized. And these services are to be comparable in quality and scope to the special education program the child is offered during the regular school year. So, if your child receives speech and language therapy during the regular school year, this service should be provided during the extended school year.

 

Who is eligible for ESY?

 

Under the Individuals with Disabilities Education Act (IDEA), ESY shall be provided to a student if the IEP team determines such services are necessary to provide a free appropriate public education (FAPE). The IDEA does not specify the factors to be considered in determining a student's entitlement to ESY services.

 

In California, ESY must be offered to students who meet the following requirements:

 

1) The student has a disability that is prolonged or likely to continue indefinitely;

 

2) An interruption in the child’s academic program may cause regression, and this coupled with the child's limited recoupment capacity makes it impossible or unlikely the student will attain a level of self-sufficiency and independence that would normally be expected.

 

Education means more than just academics. And ESY services may also be provided to your child due of a concern with social, behavioral, or emotional regression and recoupment. 

 

ESY services in California are not provided simply because your child is deficient in credit and they may not graduate with their class.

 

Are ESY services written in an IEP? Can they be waived?

 

When your child's IEP team determines they are needed, ESY services will be included in your loved one's IEP. 

 

You may waive the school district's offer of ESY services. Lots of parents waive extended school year services because the services are offered over the summer when the student's family is away on vacation. 

 

 

 

 

Martha Millar Law--A special education law firm

marthamillarlaw.com

marthamillarlaw@gmail.com

Telephone: 916-724-5211

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