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Extended School Year Services

Extended School Year (ESY) services refers to IEP-based special education interventions that are provided beyond the regular 180-day school year. The need for these services must be individually determined.

Boy with physical disabilities in Special Education Extended School Year program - Special education lawyer, David Giles, South Orange NJ ESY services should be included in your child’s IEP if his or her skills and abilities substantially decline during or following an interruption in educational programming. This is commonly termed “Regression.” ESY services should also be considered if your child requires substantial time to regain his or her learned skills and abilities after such an interruption, commonly referred to as “Recoupment.”

Beyond Regression and Recoupment, regulations require that the need for ESY services consider other factors, including progress toward IEP goals and objectives, interfering behavior, vocational needs, and whether the interruption of services will interfere with learning emerging skills.

IDEA and New Jersey Administrative Code require ESY services to be an extension of special education and related services, and be provided in accordance with your child’s IEP.

The degree and duration of ESY services must be based on your child’s individual needs.

ESY programs typically are provided during the summer months and operate for three to 10 weeks. They may be provided in full- or half-days, and commonly operate four or five days a week. Your school district is not permitted to unilaterally limit which services, their amounts or duration are available during ESY. School districts are not permitted to limit eligibility for ESY services to any particular group of students or specific disabilities.

Like all other special education services, ESY services are required to be available for all students with an IEP, including preschool students. ESY services are also required to be provided at no expense to parents.

If the school district denies ESY services or you disagree with any of the services proposed, you have the right to file for Mediation or Due Process to seek a resolution.

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