Extended School Year Considerations

Far too often, IEP Teams gloss over or fail to discuss whether a special education student is entitled to extended school year (ESY) services. Even if a robust discussion occurs, the prior written notice rarely explains why ESY was rejected or included. If the school finds itself in a due process hearing defending an IEP with this deficit, a procedural violation is guaranteed and a substantive violation is possible. Remind your IEP Teams to discuss ESY, consider all eligibility factors, and document that they did so.

ESY is specialized instruction and related services provided beyond the normal school day or school year, such as during summer vacation or other school breaks. ESY’s purpose is to maintain skills, not to work on new goals. A student qualifies for ESY if the student’s IEP Team determines, based on data collected throughout the year, that ESY is necessary to provide the student with a free appropriate public education (FAPE).

The Michigan Administrative Rules for Special Education clarify that a FAPE includes ESY if the student’s annual goals address one or more skills that require ESY services. To make that determination, the IEP Team must consider whether the data indicates any of the following:

1. Without ESY, the student will regress on an annual goal beyond a reasonable period of recoupment;
2. The severity or nature of the student’s disability indicates a need to provide services for the identified goal during scheduled breaks in the school year; or
3. That the student is at a critical stage, or in a critical area of learning, with respect to an identified annual goal which will be adversely impacted without ESY.

In April 2023, MDE published a worksheet to help IEP Teams determine whether a student needs ESY. An IEP Team must consider a student’s individual circumstances each year to determine ESY eligibility. If the team finds that data supports ESY as a requirement for FAPE, the team must then consider the location, duration, and type of services necessary to meet the student’s needs. School administrators may not limit students receiving ESY to specific subjects, times, or locations; students are entitled to individualized ESY services.