Extended School Year FAQs

General Information

  1. QUESTION: What is extended school year (ESY)?

    ANSWER: Extended School Year services are special education services that are provided to a student with a disability during extended school breaks. Per the Individuals with Disabilities Education Act (IDEA) and California Code of Regulations section 3043, these services assist the student in working toward the same goals and objectives that the student works on during the school year and are only provided in those areas on the current IEP that the student has demonstrated:

    1. Regression of skills during an extended school break and
    2. Limited ability to benefit from re-teaching skills after an extended school break.

    In addition to the two criteria above, case law includes "emerging skills" (i.e., when a student is on the brink of learning to read) in the analysis of eligibility of ESY. If a student is in a critical stage of learning a skill that could lead to a greater level of independence, and interruption of instruction would cause loss of the current level of skill development, ESY should be considered by the IEP team (Reusch v. Fountain, 1994).

  2. QUESTION: What is the difference between ESY and summer school?

    ANSWER: ESY refers to special education and related services for students who require such services, on an individualized basis, per their IEP. Summer school is a program available to all students, through general education, which may provide instruction related to re-teaching skills from the preceding school year or pre-teaching skills for the upcoming school year. Summer school requirements are set forth by the LEA's local governing board.

  3. QUESTION: What should IEP teams consider when discussing ESY?

    ANSWER: A determination regarding the appropriateness of ESY is achieved through ongoing assessment and the review of progress towards annual goals/objectives. The IEP team must review the student's progress, considering a variety of measurements to provide a baseline that documents the student's rate of regression and recoupment related to their IEP goals and objectives.

    Determining ESY eligibility should be a data-informed decision-making process that helps the IEP team determine whether services are necessary for a student to progress over time and to benefit from the IEP. Two themes emerge in the determination of eligibility:

    1. ESY services are necessary when a child will experience a significant regression in the absence of an educational program and the time it will take to relearn the skills is excessive, referred to as the regression/recoupment model.
    2. ESY services are necessary when the progress the student made during the school year will be significantly jeopardized during school breaks; when a student is at a critical point in skills acquisition (e.g., demonstrating emerging skills).


Guidance for IEP Teams

  1. QUESTION: What do the terms "regression" and "recoupment" mean?

    ANSWER: Regression refers to a decline in knowledge and skills that can result from an interruption in education. Recoupment is the amount of time it takes to regain the prior level of functioning. All students experience some level of regression resulting from their summer break. The challenge for students with disabilities exists when a child will experience serious regression without the ability to recoup the loss.

  2. QUESTION: How can we collect regression/recoupment data?

    ANSWER: To gather regression/recoupment data, service providers may consider the following methods:

    • A best practice approach would include taking data on IEP skill performance within the last 1-2 weeks of the school year and after the first 6-8 weeks of school in the Fall. This data comparison will inform the IEP team whether the student has recouped regression occurring from the summer break.

    If pre and post data is not available before and after the summer break, service providers may also consider the following methods:

    • Take data on IEP goal skill performance on the final day or two before a break greater than five school days (e.g., the student has a reading fluency goal and on Friday before the break, she is reading 57 words per minute). Then, gather data on the same IEP goal skills within a day or two of the student's return from break (e.g., the Monday after a two-week break the student is now reading at 48 wpm).
    • Take data after an interval equal to the length of the break (e.g., take data 14-16 days after a return from a two-week break).
    • Evaluate the data. If the student has regained the skills she/he has lost (e.g., is now reading at 57 or more wpm) the data does not establish a need for ESY. If the student has not yet regained the level of skill demonstrated before the break (e.g., is still reading 56 or fewer wpm) the IEP team may conclude that the student requires ESY.

  3. QUESTION: How can IEP teams identify emerging skills?

    ANSWER: ESY may be warranted when a student is in a critical stage of learning a skill that could lead to a greater level of independence, and interruption of instruction would cause loss of the current level of skill development (Reusch v. Fountain, 1994). These emerging skills are characterized by slow progress toward the acquisition of a skill followed by sudden progress in the days or weeks before the break. The purpose of ESY in these cases is to enable the student to practice the new skills so as not to lose the learning that has recently been attained.

  4. QUESTION: Does a student's ESY program need to be the same as their regular school year program?

    ANSWER: No. A student may require ESY services in one or more areas of their regular school year program. For example, a student may demonstrate regression without recoupment in the area of speech language skills, but not academics. In this case, the IEP team might determine that the student requires only speech language services during ESY. In addition, ESY services do not need to be provided in the exact same manner (i.e., number of hours, frequency, location) as services during the regular school year. Instead, the IEP team should consider the student's identified area(s) of need and make ESY service decisions accordingly.


IEP Team Reminders

  1. QUESTION: When do IEP teams need to discuss ESY?

    ANSWER: A discussion regarding ESY eligibility must occur at least annually, preferably during the annual IEP meeting. However, if the IEP team did not address ESY eligibility at the last annual or most recent IEP meeting, the team must convene to determine eligibility and/or services prior to the LEA's summer break.

    The team must include all required members including but not limited to the general education teacher, the special education teacher, the parent, and the administrative designee. Additional IEP team members may be included as necessary. For example, if a student receives related services (e.g., speech/language, occupational therapy, counseling) then the related service providers must be present to assist with determining eligibility for the related services.

  2. QUESTION: What if the team cannot make an ESY determination at the initial IEP meeting?

    ANSWER: A determination regarding eligibility is achieved through ongoing assessment and the review of progress towards annual goals/objectives. The IEP team must review the student's progress, considering a variety of measurements to provide a baseline that documents the student's rate of regression and recoupment related to their IEP goals/objectives. The IEP team may not be able to make this determination at an initial IEP meeting. Under this circumstance, data may be collected after the student has been receiving special education services for a reasonable amount of time as determined by the IEP team. The team would then reconvene, prior to summer break, to review the data and discuss the appropriateness of ESY.

  3. QUESTION: How do IEP teams document the decision-making process for ESY?

    ANSWER: IEP teams should utilize the "ESY Worksheet" (SELPA form 68I). Although the questions are written in yes/not format, teams should utilize them to guide meaningful discussion and to document information where specified in the worksheet.


Program Considerations

  1. QUESTION: What if our school district or charter school (also known as local education agency or LEA) does not have an ESY program?

    ANSWER: ESY services must be tailored to the unique needs of the student and cannot be based on the availability of LEA services during the summer. Services must be provided by properly credentialed individuals. LEAs may consider opening an ESY program at their school site, providing services at a mutually agreeable public location such as a library, contracting with another LEA such as a local school district or charter school that has an ESY program, and/or contracting with a Nonpublic School or Nonpublic Agency that has appropriately credentialed staff available in the summer.

  2. QUESTION: Can LEAs collect average daily attendance (ADA) for ESY students?

    ANSWER: Sometimes. Per California Code of Regulations section 3043, in order to quality for average daily attendance revenue for extended year students, the LEA's extended year program must be provided for a minimum of 20 instructional days, including holidays. A maximum of 55 instructional days, excluding holidays, shall be allowed for individuals in special classes or centers for the severely handicapped. A maximum of 30 instructional days excluding holidays shall be allowed for all other eligible students needin an extended year. In order to quality for average daily attendance revenue for extended year students, the following conditions must be met:

    1. Extended year special education shall be the same length of time as the school day for students of the same age level attending summer school in the LEA in which the extended year program is provided, but not less than the minimum school day for that age unless otherwise specified in the individualized education program to meet a student's unique needs.
    2. The special education and related services offered during the extended year period are comparable in standards, scope, and quality to the special education program offered during the regular academic year.

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