Understanding ESY: What It Is, Who Qualifies, and How to Advocate for Your Child

Extended School Year (ESY) is one of the most misunderstood parts of special education. If you’re a parent, caregiver, or advocate trying to make sense of ESY, this post breaks down what ESY really is, how eligibility works, what the law says, and what to do if your school makes a unilateral decision about your child’s eligibility.

What Is ESY?

ESY refers to special education and related services, provided beyond the regular school year, as part of a student’s IEP. It is part of the current/previous school year’s education program for that child. ESY is not:

• summer school

• a one-size-fits-all program

• limited to academics, specific disabilities, or particular placements

• optional for the district if the IEP team determines it’s needed

• required for the student if the parent chooses not to enroll them

Who Qualifies for ESY?

Eligibility for ESY is determined individually by the IEP team and should always be grounded in data and student need. A student may for ESY qualify if:

·      They Demonstrate Disproportionate Regression - All students regress during breaks (research says even general education students regress around 4%) but some regress more significantly and take much longer to relearn skills. ESY is considered when the regression is so substantial that it jeopardizes progress on IEP goals.

·      Recoupment of Skills Takes Excessive Time - If a child takes unusually long to regain lost skills after breaks, ESY may be needed to maintain essential progress and ensure they can access the next year’s program.

·      They Are at a Critical Stage of Skill Development - When a student is on the verge of acquiring a key skill - such as communication, reading, or behavior regulation - interruptions in services could cause that progress to stall or reverse.

·      Emerging Behaviors or Unique Circumstances - Some students qualify for ESY based on risk of regression due to medical or mental health conditions, lack of access to needed supports outside of school, and/or documented patterns after prior breaks.

How ESY Services Are Determined

If a student qualifies for ESY, the IEP team must determine:

·      Which Goals Need Support - ESY doesn’t automatically cover all goals, only those impacted by disproportionate regression and/or recoupment, or critical skill development.

·      Type and Frequency of Services - ESY may include any or all related or supplemental service/aid that is in the child’s IEP.

Services might be delivered in any setting including school, the community at home through packets or virtual lessons, 1:1, in small group, or in a program setting.

Duration and Scheduling of ESY

IDEA does not specify a minimum or maximum length of ESY; it merely says the district may not “limit … the type, amount, or duration of those services”. It leaves decisions about type, amount, and duration of ESY services to the IEP team.

California Education Code sets a minimum of 20 school days of ESY if a district wants to claim state funding for average daily attendance for their ESY program. The actual ESY services for an individual student determined by the IEP-team, which includes the parents. The 20-day minimum does not automatically mean every eligible student gets 20 days, nor that 20-days is the maximum number of days possible; the IEP team decides what is necessary for each individual student to receive FAPE.

What If the School Insists on Holding an ESY Conversation in January?

Districts often insist on holding IEP amendments or ESY discussions in January or February. This is about scheduling, staffing, and budgeting, NOT about legal requirements!

They want to know by January: how many teachers, aides, and related service providers to hire; how many classrooms to request; how many busses and drivers they will need.

ESY staffing is notoriously difficult as many teachers, aides, and service providers don’t want to work ESY. Administrators want names on the schedule before people say, “Sorry, I’m going to Cabo”. (Did you know that many school districts pay teachers significantly less per hour during ESY than they do for the regular school year!?!)

Some families prefer to wait until later in the year when more data is available. In that case, you can simply state, “I’d like to revisit ESY closer to spring, once we have more up-to-date information. Please add this to the IEP notes.” You might also mention that discussion ESY after spring break better enables the team to monitor progress, identify critical skills that may need support, use real data—not guesses—to make decisions.

If the district insists on discussing ESY early in the school year, you can give partial consent to the IEP and indicate you do not agree with the district’s current decision about ESY.

Final Thoughts

ESY isn’t a perk, a summer bonus, or a limited program. It is an extension of the IEP designed to ensure students with disabilities maintain progress and continue developing essential skills.

Families play a powerful role in the process. The more you understand about ESY, the better prepared you’ll be to advocate for equitable access to services that meet your child’s needs.

If you need help reviewing data, requesting an IEP meeting, or navigating ESY eligibility discussions, consider reaching out to us to support you through the process.