Your child’s IEP may recommend Extended School Year (ESY) services (also known as “12-month services”). ESY services are special education instructional programs and/or related services provided during July and August. ESY services are different from general education summer school.  Extended School Year (ESY) services are offered for qualifying students in order to prevent substantial regression. 

In accordance with section 200.6(k) of the Regulations of the New York State Commissioner of Education, students must be considered for 12-month ESY special services and/or programs to prevent substantial regression if they are students:

• whose management needs are determined to be highly intensive and require a high degree of individualized attention and intervention, and who are placed in special classes;
• with severe multiple disabilities, whose programs consist primarily of habilitation and treatment and are placed in special classes;
• who are recommended for home and/or hospital instruction whose special education needs are determined to be highly intensive and require a high degree of individualized attention and intervention or who have severe multiple disabilities and require primarily habilitation and treatment;
• whose needs are so severe that they can be met only in a seven-day residential program; or
• who are receiving other special education services and who, because of their disabilities, exhibit the need for a 12-month special service and/or program provided in a structured learning environment of up to 12-months’ duration in order to prevent substantial regression.

If your child was determined to require ESY services at his/her IEP meeting, the CSE recommended either that s/he receives the same program and services in July–August as in September–June, or less intense services, according to his/her individual needs. The 12-month Service and/or Program page of your child’s IEP shows whether your child is recommended for ESY and, if so, which services will be provided.

The CSE/CPSE must determine annually on an individual basis if a student requires an ESY program (sometimes also referred to as 2-month, 12-month, or July and August programs) and is on a student's Individual Education Plan (IEP). A child's entitlement to ESY programs as part of a free appropriate public education (FAPE) continues to apply even if public schools do not provide other educational services during summer school breaks. It is important to remember that CSE/CPSE determinations regarding ESY programs are prospective and not intended to make up for past denials of FAPE.

In accordance with sections 200.6(k)(1) and 200.16(i)(3)(v) of the Regulations of the Commissioner of Education, students must be considered for ESY programs to prevent substantial regression if they are students:

• whose management needs are determined to be highly intensive and require a high degree of individualized attention and intervention and who are placed in special classes;
• with severe multiple disabilities, whose programs consist primarily of habilitation and treatment and are placed in special classes;
• who are recommended for home and/or hospital instruction whose special education needs are determined to be highly intensive and require a high degree of individualized attention and intervention or who have severe multiple disabilities and require primarily habilitation and treatment;
• whose needs are so severe that they can be met only in a seven-day residential program; or
• who are receiving other special education services and who, because of their disabilities, exhibit the need for a 12-month special service and/or program provided in a structured learning environment of up to 12-months’ duration in order to prevent substantial regression.
• If you have any questions regarding ESY this summer, please contact our ESY principals above through their email link or call the Special Education Hotline at 262-8220. Additional information and supports regarding ESY can also be found on the Department of Special Education website https://www.rcsdk12.org/specialeducation.