Common Ground is committed to informing families and guardians about parental rights and special education advocacy.
In this and upcoming editions we will share a series of basic and important special education topics on the rights, responsibilities, administrative processes, and legal remedies parents and students may encounter, and to which they are entitled.
For some students with a disability, an Extended School Year (ESY) program can be an important part of special education.
Q: What is ESY?
A: An extended school year (ESY) refers to special education services that are provided beyond the traditional 180-day school year.
Q: How is eligibility for ESY determined?
A: The decision about the need for ESY is individualized. Although federal and state laws do not provide specific criteria, the courts have identified several factors that should be considered, the most notable of which is “regression/recoupment.”
Regression refers to a decline in skills and abilities during or following an interruption in educational programming. Recoupment refers to the rate at which skills and abilities are regained following an interruption in educational programming.
Q: What factors must be considered?
A: Regression is not the only factor in determining eligibility for ESY services. State rules require the IEP team to consider “all relevant factors” including:
- Degree of progress toward IEP goals and objectives.
- Emerging skills/breakthrough opportunities (will a lengthy summer break cause significant problems for a child who is learning a key skill, like reading?).
- Interfering behavior.
- Nature and/or significance of disability.
- Special circumstances.
- Availability of alternative resources.
- Vocational needs.
Q: Can my child’s school district say “we don’t do ESY”?
A: Districts may not establish an across-the-board policy limiting ESY services. Federal law requires that the IEP team consider the “duration of services” when developing the components of a free appropriate education (FAPE) in the IEP. The courts have interpreted this to mean that any child may be entitled to an extended school year (ESY) as part of his/her entitlement to a free appropriate public education, if it is necessary.
Q: If a student received ESY services last year, is he/she automatically eligible this year?
A: No. Like all aspects of the IEP, the need for ESY is determined annually.
Q: Are preschoolers eligible for ESY?
A: Yes. If a child has an IEP, he/she should be considered for ESY services. For young children leaving the Early Intervention System who need ESY, services should start in the summer.
Q: What if a school district doesn’t agree?
A: As with all advocacy efforts, it is vital that decisions and denials be communicated in writing. It may be helpful to request an independent evaluation. Parents have the right to request mediation, an administrative due process hearing, and/or complaint investigation to resolve any dispute involving ESY.
Adapted from Extended School Year Fact Sheet, Statewide Parent Advocacy Network
Resources
- New Jersey Special Education Advocacy Guide, Disability Rights New Jersey.
- The Right to Special Education in New Jersey, Ed. 2; Education Law Center.
- Parental Rights in Special Education (PRISE), 2019; New Jersey Department of Education, This is the procedural safeguards statement required in accordance with New Jersey Administrative Code (N.J.A.C.) 6A:14-2.3(g)7. An updated edition of NJ’s PRISE document is expected in 2023.
- NJDOE IEP Special Education Directories, New Jersey Department of Education, Office of Special Education. Various directories of approved agencies and clinics, bilingual child study team professionals, approved transition programs, approved private schools for students with disabilities (in state and out of state), and more.
- NJDOE IEP Development and Resources, New Jersey Department of Education, Office of Special Education. Various IEP templates and procedural forms.
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