Don’t Wait for the Summer: What Parents Need to Know About Extended School Year Services

Have you ever sat in an IEP meeting when ESY (Extended School Year) came up, and the Team just said, “Your child didn’t show regression over breaks”? No data, no examples, just a blanket statement. But without actual evidence, how can anyone really know if they regressed or not? 

Lack of data is often the first issue however, too often, schools focus only on regression when deciding ESY eligibility, completely missing the bigger picture. What many people don’t know, and this includes educators and school administrators, is that Federal law actually requires Teams to consider many factors, not just summer slide, before making a decision.

Let’s break it down.

What Is ESY?

ESY provides special education support beyond the regular school year, usually in summer, for students who need help maintaining or building critical skills.

How Do Students Qualify?

Importantly, ESY is not just about preventing regression. Federal law requires schools to consider multiple factors when determining eligibility, including:

  • Maintaining skills and progress
  • Acquiring critical skills
  • Behavioral or safety needs
  • Emerging skills that might be lost without continued support

So even if your child doesn’t lose skills after a short break, they may still qualify for ESY.

Schools should use data to decide eligibility. This can include:

  • Progress reports and assessment results
  • Work samples or assignments
  • Teacher and service provider observations
  • Behavioral or functional skill data

Parents should be part of this process. Start the conversation early. I recommend requesting a Team meeting as early as February or March so there’s time to collect data and plan for your child’s needs.

Warning Signs and Red Flags

Some schools may incorrectly tell parents a child isn’t eligible for ESY. Watch for these warning signs:

  • The school says your child isn’t eligible just because they didn’t regress after a short break.
  • Progress data showing slow gains is ignored.
  • Behavioral, social, or safety needs aren’t considered.
  • Emerging skills that might be lost over the summer are overlooked.

If you notice any of these, ask for the data used to make the decision and request a meeting to discuss your child’s needs in detail. You’d be surprised at how often schools don’t have any data to back up their decision that a child isn’t eligible. 

Tips for Parents

  • Start early: Discuss ESY eligibility with your child’s IEP team early in the spring. I recommend requesting a Team meeting to discuss eligibility as early as February or March.
  • Gather data: Track progress, save work samples, and note observations throughout the year.
  • Know the factors: ESY eligibility includes regression, acquisition of skills, behavior, safety, and emerging skills.
  • Ask questions: If the school says your child isn’t eligible, ask how that decision was made and what data was used.
  • Advocate for the least restrictive environment (LRE):Ensure your child receives services in the least restrictive environment appropriate for them.

The best time to start thinking about ESY is at the start of the school year. Collecting baseline information early lets you have a meaningful, fact-based conversation later.

Quick ways to track regression on your own:

  • Compare goals & progress reports: How did your child finish last year vs. now?
  • Watch routines at home: Struggles with independence, frustration, or daily tasks can be signs.
  • Check assessment scores: Compare results from last year to this year.
  • Track recovery time: If your child takes a long time to re-learn skills after breaks, that’s important.
  • Save their work: Keep examples of assignments and projects for meetings.

ESY services are a valuable way to help your child keep and build on the skills they’ve worked so hard to develop during the school year. Staying proactive, informed, and prepared with data can make a huge difference in making sure your child receives the support they need.

Feeling overwhelmed by ESY? You’re not alone. Many parents come to us feeling lost and overwhelmed. If you’re unsure about how to get your child the support they need during the school year or over the summer, reach out. We’re here to guide you through the process and help you understand your rights so you can feel confident in making the best decisions for your child.

Jennifer Rutland is a non-attorney special education advocate and Board Certified Behavior Analyst. Information or materials provided by AdvUcate LLC are for general informational purposes only and do not constitute legal, clinical, behavioral, or educational advice. Content should not be used as a substitute for individualized guidance from qualified professionals who are directly involved in a child’s evaluation, treatment, or educational planning.