What are Extended School Year (ESY) services?
Extended school year services are special education and related services that are provided to a child with a disability beyond the normal school year, are in accordance with a child’s IEP, are provided at no cost to the parents, and are in alignment with the standards set by the state education agency (SEA). [34 C.F.R. § 300.106(b)] The regulations that implement the IDEA require IEP teams to determine, on an individual basis, whether ESY services are necessary to provide a FAPE to the child. [34 C.F.R. § 300.106(a)(1)] “Student participation in an ESY program is not compulsory. ESY services are not required for all students with a disability.”[A.A.C R7-2-408(D)] “Eligibility for [ESY] participation shall not be based on need or desire for any of the following: 1) A day care or respite care service for students with a disability; 2) A program to maximize the academic potential of a student with a disability; and 3) A summer recreation program for students with a disability.” [Id. at Subsection (E)]
Does ESY have to address all of a student’s IEP goals?
Extended school year services are special education and related services that are provided to a child with a disability beyond the normal school year, are in accordance with a child’s IEP, are provided at no cost to the parents, and are in alignment with the standards set by the state education agency (SEA). [34 C.F.R. § 300.106(b)] The regulations that implement the IDEA require IEP teams to determine, on an individual basis, whether ESY services are necessary to provide a FAPE to the child. [34 C.F.R. § 300.106(a)(1)] “The critical question that each IEP team must ask regarding ESY services is whether meaningful progress on critical skills related to IEP goals that occurred during the regular school year will be significantly jeopardized (thus significantly jeopardizing the provision of FAPE) if ESY is not provided.” [Arizona Department of Education, Exceptional Student Services (ESS) AZ-TAS Guidelines for Extended School Year Services, February 2007, pg. 2] A critical skill is defined as an academic, social, functional or behavioral skill that is related to an IEP goal and is critical to the student’s overall school and community functioning. [Id. pg. 5] Not all goals on a student’s IEP are necessarily critical skills. It is incumbent on the IEP team to make “a determination if the student’s IEP contains critical skills that need ESY services in order to ensure [a] FAPE to the student.” [Id. pg. 12]
What does an IEP team have to consider when making an ESY eligibility determination?
The determination of whether a pupil is eligible for ESY services shall take into account least restrictive environment considerations and shall be determined by a multifaceted inquiry by the [IEP] team based on retrospective data, such as past regression and the rate of recoupment, and predictive data. [A.R.S. § 15.881(B)] “The critical question that each IEP team must ask regarding ESY services is whether meaningful progress on critical skills related to IEP goals that occurred during the regular school year will be significantly jeopardized (thus significantly jeopardizing the provision of FAPE) if ESY is not provided.” [Arizona Department of Education, Exceptional Student Services (ESS) AZ-TAS Guidelines for Extended School Year Services, February 2007, pg. 2] A critical skill is defined as an academic, social, functional or behavioral skill that is related to an IEP goal and is critical to the student’s overall school and community functioning. [Id. pg. 5] It may be that some goals on a student’s IEP are not critical skills. Therefore, it is incumbent on the IEP team to make “a determination if the student’s IEP contains critical skills that need ESY services in order to ensure [a] FAPE to the student.” [Id. pg. 12]
When is a school required to make an eligibility determination for ESY services?
The regulations that implement the IDEA require IEP teams to determine, on an individual basis, whether ESY services are necessary to provide a FAPE to the child. [34 C.F.R. § 300.106(a)(2)] Arizona State Board of Education rules state that, “For a student with a disability currently enrolled in special education, eligibility for ESY services shall be determined no later than 45 calendar days prior to the last day of the school year.” [A.A.C. R7-2-408(C)]
