How to Request an Extended School Year (ESY) for Your Child

Extended School Year — ESY — is one of the most consistently overlooked services in special education. Most IEP teams do not bring it up unless a parent asks. Many parents have never heard of it. And yet, for children who regress significantly during summer or school breaks, ESY can be the difference between maintaining hard-won progress and spending months of the new school year rebuilding what was lost.

This post explains what ESY is, who qualifies, how to request it, and what to do if the school says no.

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What Is Extended School Year (ESY)?

Extended School Year services are special education and related services provided beyond the standard school year — typically during summer, but also potentially during other school breaks. ESY is not summer school in the traditional sense. It is an IEP service, governed by the same legal framework as your child's regular IEP.

Under IDEA, school districts are required to provide ESY services to children with disabilities when those services are necessary for the child to receive a Free Appropriate Public Education (FAPE). The key word is "necessary" — ESY is not optional enrichment, and it is not automatically denied just because the district has not offered it before.

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Who Qualifies for ESY?

The most commonly discussed basis for ESY eligibility is regression and recoupment — meaning the child loses significant skills during a break and takes an unreasonably long time to recover those skills when school resumes.

However, regression and recoupment is not the only basis for ESY. Courts and the Department of Education have recognized other factors that IEP teams must consider, including:

• Breakthrough point: The child is at a critical point in learning a skill, and a break would interrupt progress before the skill is consolidated.
• Emerging skills: The child is developing a skill that could be lost or significantly set back by an interruption in instruction.
• Behavioral concerns: A break in services would result in significant behavioral regression or loss of behavioral gains.
• Vocational and transition goals: For older students with transition plans, a break in services could interfere with progress toward adult independence goals.
• Nature of the disability: Some disabilities — particularly those involving significant cognitive, communication, or behavioral components — carry higher risk of regression during unstructured breaks.

IDEA does not set a single national standard for ESY eligibility. Instead, eligibility is determined individually by the IEP team based on the child's specific needs and circumstances.

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What ESY Does Not Require

Before getting into how to request ESY, it is worth knowing what the law does not require for your child to qualify:

• The child does not have to fail. A child who is making adequate progress during the school year can still need ESY if the team determines that a break would cause significant regression.
• The district does not have to have an existing summer program. If your child needs ESY and the district does not run a summer program, the district must arrange and fund services — including contracting with outside providers.
• ESY does not have to look the same as the regular school year. ESY services are individualized. They do not have to replicate the full IEP — they should target the areas most at risk of regression.
• Cost is not a legal reason to deny ESY. The district's budget does not override their obligation to provide ESY if it is educationally necessary.

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How to Request ESY

Step 1: Request it in writing before the annual IEP meeting.

ESY should be discussed at every annual IEP meeting, but you can raise it at any time. A week or two before the meeting, send the special education coordinator or case manager a written note stating that you would like ESY to be discussed and formally considered at the upcoming meeting.

Step 2: Bring data.

If your child has experienced regression in the past, document it. Review past progress reports. Talk to the previous year's teacher about what the child's performance looked like in September compared to June. Ask the speech therapist, OT, or other service providers whether they observed regression at the start of previous school years. Written documentation from providers carries significant weight.

Step 3: At the meeting, ask the team directly.

You can say: "I would like the team to formally discuss whether my child is eligible for Extended School Year services, and I would like any decision documented in the IEP."

The team must consider ESY and document their decision — including the reasons if they deny it.

Step 4: Get any denial in writing.

If the team decides your child does not need ESY, ask for a Prior Written Notice documenting the decision, the reasons for it, and the evidence the team considered. A district that denies ESY without a Prior Written Notice is committing a procedural violation under IDEA.

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What ESY Services Typically Look Like

ESY is highly variable depending on the child's needs and the district's resources. Common formats include:

• Pull-out sessions with a special education teacher 2–3 times per week during summer
• Continued speech, OT, or ABA therapy at the same frequency as the school year
• Reduced-frequency services targeting only the highest-priority skills
• Group instruction programs for children with similar IEP goals
• Contracted services with outside providers when the district does not operate a summer program

The IEP team determines the frequency, duration, and type of ESY services based on the individual child's needs — not on what happens to be available.

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What to Do If the School Says No

If the IEP team denies ESY and you believe your child needs it, you have several options:

Request a Prior Written Notice. This is your first step. The district must explain in writing why they are refusing, what evidence they considered, and what other options they evaluated. Read the PWN carefully — vague or legally insufficient reasoning is grounds for a complaint.

Request an Independent Educational Evaluation. If the team's denial is based on their own assessments and you disagree with their conclusions, you can request an IEE at district expense. An independent evaluator may document regression risk that the district's team missed.

File a state complaint. If the district refuses to even consider ESY or denies it without adequate documentation, you can file a complaint with your state's department of education. State complaints are investigated and can result in required compensatory services.

Request mediation. If you and the district disagree about ESY eligibility, mediation is a less formal alternative to a due process hearing and can resolve the dispute faster.

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When to Start the Conversation

ESY should be discussed at the IEP meeting held in the spring — ideally at least 6–8 weeks before summer begins. This gives the district time to arrange services and gives you time to appeal a denial if necessary.

If your child's annual IEP meeting is scheduled in the fall or winter, raise ESY as a separate agenda item before the school year ends. Do not wait until the meeting is automatically scheduled — by then, summer may be too close for a meaningful appeal process.

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A Note for Texas Families

In Texas, the ESY discussion happens at the ARD (Admission, Review, and Dismissal) committee meeting. The same principles apply — the ARD team must consider ESY for every student at every annual review and document their decision. Texas uses the term "ESYP" (Extended School Year Program) rather than ESY in some contexts, but the federal legal framework is the same.

For Texas-specific rights, visit our Texas ARD Guide or your Texas IEP Rights page.

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Extended School Year is a right, not a favor. If you believe your child needs services during the summer to maintain their progress, the law requires the IEP team to seriously consider it — and to put any denial in writing. If you want help reviewing whether your child's current IEP is appropriately addressing regression risk and ESY eligibility, our IEP Review Service covers this as part of a comprehensive IEP analysis.

For more on your child's overall IEP rights, visit our ADHD hub, Autism hub, Dyslexia hub, or Down Syndrome hub.

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Disclaimer: This post is for general informational purposes only and does not constitute legal advice. ESY eligibility standards vary by state. Consult a qualified special education advocate or attorney for guidance specific to your child's situation.