- Recoupment in the Fall
- Window of opportunity to learn emerging skills
- Child's rate of progress
- Child's behavioral or physical problems
- Availability of alternative resources
- Areas of the child's curriculum that need continuous attention
- Vocational needs
In Reusch v. Fountain, (U.S. MD 1994), the court listed six factors the IEP team should consider in deciding if the child is eligible for ESY:
- Regression and recoupment - is the child likely to lose critical skills or fail to recover these skills within in a reasonable time
- Degree of progress toward IEP goals and objectives
- Emerging skills/breakthrough opportunities - Will a lengthy summer break cause significant problems for a child who is learning a key skill, like reading
- Interfering Behavior - does the child’s behavior interfere with his or her ability to benefit from special education
- Nature and/or severity of disability
- Special circumstances that interfere with child’s ability to benefit from special education
Over the years, federal courts have issued similar rulings on the factors schools must consider in ESY cases. Your State Department of Education may publish an ESY Manual or similar publication that clarifies the standards in your state.
Meet with Your Child's Team
Schedule a meeting with your child's team to discuss your child's need for ESY. Since prepartion is the key to success, you need to prepare for this meeting.
Make copies of Standards for Extended School Year by Nissan Bar-Lev for members of your child's team. Since Dr. Bar-Lev is a respected director of special education, your team is more likely to accept what he has written.
You should also bring two copies of your state's ESY Manual or Standards. Give one copy to the team leader. Your copy looks well-read - pages are tabbed or have Post-It notes, and are marked up with a highlighter.
The Need to Save Face and How to Use the "Columbo Strategy"
If your child's team has already taken the position that your child does not need ESY services, and it becomes clear they were wrong, you need to give them a way to change their position while also saving face.
As one parent learned in How I Got ESY Services After the School Said No, it is helpful to ask questions and use the Columbo Strategy.
To learn more about these issues, Read Chapter 4: Learning the Rules of the Game, Chapter 5: Obstacles to Success and Chapter 25: Preparing for Meetings in Wrightslaw: From Emotions to Advocacy, 2nd Edition.
Next, read How to Solve Parent-School Problems and Protect Relationships.
Learn more about Extended School Year (ESY) Services
Learn more about the parent as expert and special education advocacy.
About the Authors
Peter W.D. Wright and Pamela Darr Wright were Adjunct Professors of Law at the William and Mary Law School where they taught a course about special education law and advocacy and helped to develop the Law School's Special Education Law Clinic.
They are co-authors of several books published by Harbor House Law Press including Wrightslaw: Special Education Law, 2nd Edition (ISBN: 978-1-892320-16-2); Wrightslaw: From Emotions to Advocacy, 2nd Edition (978-1-892320-09-4); Wrightslaw: All About IEPs (ISBN: 978-1-892320-20-9); Wrightslaw: All About Tests and Assessments, 2nd Edition with Melissa Farrall; and produced the award-winning documentary, Surviving Due Process: Stephen Jeffers v. School Board DVD Video.
The Wrights built several websites to help parents of children with disabilities in their quest for quality special education programs. They also publish The Special Ed Advocate, an online newsletter.
Revised too many times to count, including on 07/20/22
