By: Judd Fredstrom – Area
Special Education Coop

• “ESY” refers to special education services that are provided to a child with a disability beyond the normal school year of the district, in accordance with the child’s IEP, and at no cost to the parents of the child.
– School districts are required to provide ESY services to a child if the IEP team determines the services are necessary during a break in instruction in order to provide a Free Appropriate Public Education
(FAPE).

• The IEP team must document their determination regarding whether or not the child needs ESY services in order to receive FAPE.
• You will find this documentation on the IEP services section of SpEd Forms.
• Documentation must include the projected initiation date, duration, location and frequency of services.

• Prior observation of the student’s regression and recoupment over the summer.
• Observation of the student’s tendency to regress over extended breaks in instruction.
• Experience with other pupils with similar instructional needs.
Minn. R. 3525.0755, subp. 4(A), (B) and (C)

• Student’s progress and maintenance of skills during the regular school year
• Student’s degree of impairment
• Student’s rate of progress
• Student’s behavioral and physical problems
• Availability of alternative resources
• Student’s ability and need to interact with nondisabled peers
• Areas of the student’s curriculum which need continuous attention
• Student’s vocational needs
Minn. R. 3525.0755, subp. 5(A)-(H)

• SpEd Forms provides an optional guide for the IEP team to use in evaluating the need for ESY:

• “Level of performance” refers to a child’s progress toward annual IEP goals immediately prior to a break in instruction as seen in the progress measurements.
• “Regression” refers to the significant decline in the performance of a skill or acquired knowledge, specified in the annual goals as stated in the child’s IEP that occurs during a break in instruction.
• “Recoupment” refers to a child’s ability to regain the performance of a skill or acquired knowledge to approximately the same level of performance just prior to the break in instruction.
Minn. R. 3525.0755, subp. 2(A), (B) and (C)

Sample of Noncompliance
• The IEP indicates ESY services are not needed despite progress reports in the file that document a significant regression and subsequent significant recoupment time in reading skills that occurred over a holiday break.
Sample of Compliance
• The IEP documents ESY needs in the area of math skills, based on progress measurements taken prior to and after an instructional break. The IEP also includes the appropriate frequency, duration and location of ESY services to adequately address the child’s math needs.

• The IEP team must determine a pupil is in need of ESY services if services are necessary for the pupil to attain and maintain self-sufficiency because of the critical nature of the skill addressed by an annual goal, the pupil's age and level of development, and the timeliness for teaching the skill.
Minn. R. 3525.0755, subp. 3(B)
• “Self-sufficiency” refers to the functional skills necessary for a pupil to achieve a reasonable degree of personal independence as typically identified in the annual IEP goals for a child requiring a functional curriculum.
Minn. R. 3525.0755, subp. 2(D)

Minn. R. 3525.0755 subp. 2
• Self-sufficiency needs may apply to any disability category.

Minn. R. 3525.0755, subp. 3(C)
• Clarification:
– This statement allows that an IEP Team may determine ESY services are necessary, based on the unique needs of the child, for reasons OTHER than a significant regression in skill or knowledge or self-sufficiency needs.
– The “unique needs” under which ESY services are based must be documented in the special education file.

• The ESY services delivered are to be designed to meet the individual student’s needs in achieving critical goals.
• As such individual students may require ESY services delivered using different methods.
• The IEP team will choose the appropriate deliver model.

• These are written descriptions of activities for parents or other caregivers to provide for the student on a regular basis over the summer break.
• The activities will be written by the student's current school year service providers.
• Examples might include:
– parent directed activities to involve the student in when grocery shopping, guidelines for parents to follow when reading to the student,
– suggestions of community activities
– other guidelines for parents to assure necessary skill practice.

• These are school materials prepared and organized for the parent or caregiver to use on a regular basis over the summer break.
• The materials will be prepared and directions written by the student's current school year service providers.
– Examples might include: worksheets, flashcards, books, computer software, writing assignments, reading assignments, fine motor activities, and/or social skill activities.

• Service would typically be in addition to use of skill maintenance activities and/or packets.
• A licensed special education provider would be available for phone consult regarding use of the activities or packets at specifically scheduled intervals throughout the summer break.
• Licensed staff telephone consultation could be available to the parent, caregiver, or to some community agency or facility working with that student.

• This service would involve planned and pre-scheduled consultation sessions provided to parents, caregivers, or a community facility or agency.
• The licensed special education provider would schedule consultation sessions throughout the summer to assist parents and caregivers in providing skill practice opportunities to the student.
– Examples might include: arrangements for summer rec. staff to schedule consultation with a D/APE teacher when new activities are planned.

• The IEP team can determine that ESY services need to be delivered directly to students in designated schools.
• The ESY student is transported to the designated school by the school district.
• The student will attend the school for a specified number of hours each week and be instructed in those goal areas designated by the IEP team.
• School based services could be required when consultation, work packets and regular practice of skills will not be sufficient to allow the student to receive an appropriate education.

• A 13-year-old student with developmental cognitive disabilities who has almost learned the critical life skill of crossing a street safely and, if not provided with ESY, would lose significant progress and have to begin anew in the fall.
• ESY for this student might include 45 minutes per day for 4 weeks of community-based safety instruction, aimed at maintaining the streetcrossing progress.

• A student with autism who recently has met a social/behavioral objective on his/her IEP that is designed to decrease the frequency of self-injurious behavior but is likely to resume the self-injurious behavior to the previous level unless he/she receives ESY services to maintain the target behavior.
• ESY for this student might include 3 hours per day for 4-5 weeks of instruction, aimed at maintaining the social/behavioral objective.

• A 10-year-old student with developmental cognitive disabilities and cerebral palsy who has been learning to use an augmentative communication device since last fall. Using task analysis, a six-step procedure was developed. It has taken the student six months to independently master the first two steps. Because of the critical nature of this skill and the time involved for new learning, ESY is recommended.
• ESY for this student might include 1 hour per week for 4 weeks of speech therapy, in addition to consultation with the parent.

• A 20-year-old student with developmental disabilities who recently obtained paid, supported employment in the community and would likely lose the position at this critical transition to adult services without ESY services
• ESY for this student might include 5 hours per week for 4 weeks of onsite monitoring and support

• In late spring, a fifth-grade student with a specific learning disability has a breakthrough in reading decoding skills.
• ESY for this student might include 3 hours per day, 3 times a week for 4 weeks of special education instruction to maintain the breakthrough skills.

• As part of the development and content of an annual IEP, the team must
discuss ESY needs at each annual IEP and/or periodic review. An
Extended School Year (ESY) is not the same as summer school. ESY is a mandatory extension of special education services to learners with a disability over the summer months to retain skills and thus allow for benefit from a "free appropriate public education".
• The IEP team will look at three areas of possible student need:
– Prevent Significant Regression
– Attain or Sustain Self-Sufficiency
– Address Unique Needs