This section covers the Code of Federal Regulations (CFR) under Title 34 of the Individuals with Disabilities Education Act (IDEA) regarding the Extended School Year (ESY) services of a Free Appropriate Public Education (FAPE). As with all of our sections on CFR, we will take direct excerpts from relevant sections for you to review, and we will also offer digest versions of these sections for the average reader. [Note: the symbol “§”stands for section, while “§§” stands for sections.]
§ 300.106 Extended school year services.
(a) General. (1) Each public agency must ensure that extended school year services are available as necessary to provide FAPE, consistent with paragraph (a)(2) of this section.
(2) Extended school year services must be provided only if a child’s IEP Team determines, on an individual basis, in accordance with §§ 300.320 through 300.324, that the services are necessary for the provision of FAPE to the child.
(3) In implementing the requirements of this section, a public agency may not—
(i) Limit extended school year services to particular categories of disability; or
(ii) Unilaterally limit the type, amount, or duration of those services.
(b) Definition. As used in this section, the term extended school year services means special education and related services that—
(1) Are provided to a child with a disability—
(i) Beyond the normal school year of the public agency;
(ii) In accordance with the child’s IEP; and
(iii) At no cost to the parents of the child; and
(2) Meet the standards of the SEA.
Whether your child requires ESY services is up to their Individualized Education Program (IEP) team, and will be decided as part of the drafting of your child’s IEP.
As part of their requirement to provide a FAPE to every child, every school district must provide ESY services to children who need them, and can’t be limited due to disabilities, time required, or kinds of services rendered during the summer. ESY services, as part of a FAPE, are provided outside the regular school year, at no cost.
When do you know your child will need ESY services? If your child regresses between school years (i.e., they tend to forget things they learned in the spring semester over the summer) then your child may be entittled to ESY services. It’s generally somewhat difficult to prove this, but if you see that they were doing well at the end of the spring semester, but struggle during the beginning of the fall semester (after the summer break), that might be cause to provide ESY services in the following year. With certain disabilities,(such as, traumatic brain injuries, or learning that occurs in fits and starts), ESY services may help the “momentum” of their learning.
ESY is always determined on a case-by-case basis, so if you have any questions regarding your child’s eligibility, it’s best to contact a child advocate or Legal Aid of Nebraska with questions regarding your child’s specific case.