As the 2007-2008 school year is coming to a close, thoughts turn to ESY services our children may need. But do the school districts provide all of the services they are required as part of the Extended School Year?

Extended School Year services (ESY) are compised of special education and related services that are provided to a child with a disability beyond the normal school year in accordance with the child's IEP at no cost to the parents, if the child needs such services to receive FAPE. 34 C.F.R. 300.309 (a)(2).

A common theme must, if not all, school district's like to use, is to provide services only when the district office's are open during the summer. The district will tell you it is their policy not to provide services while the district office's are closed for summer vacation. The district may also try to say they are required by law only to provide services while the district office's are open. Nothing could be further from the truth. A public agency (i.e. a school district) MAY NOT limit extended school year services to particular categories of disability or unilaterally limit the type, amount, or duration of those services, 34 C.F.R. 300.309 (a)(3).

Factors that must be taken into consideration inthe determination of eligibility for ESY include:

• the extent to which the student has mastered and colsolidated an important skill or behavior at the point when educational programming would be interrupted;
• whether the child is at the point of an emerging skill and/or breakthrough opportunity when the break in services is scheduled to occur;
• the extent to which a shill or behavior is particularly crucial to raching the goals of self-sufficiency and independence from caretakers;
• the extent to which successive interruptions in educational programming reduce a student's motivation and trust and may lead to an irreversible withdrawal from the learning process; and,
• whether the stident's learning disability is sever, such as autism/pervasive developmental disorder, serious emotional disturbance, severe mental retardation, degenerative impairments with mental involvement and severe multiple disabilities.

If there factors, either singly or in combination, make it unlikely that the student will maintain skills and behaviors relevant to IEP goals and objectives, or if the student otherwise needs ESY services to receive FAPE, the student is FAPE eligible. 34 C.F.R. 300.309 (a)(4).