ESY vs summer school
By the IEP Atlas editorial teamLast updated
Short answer
Extended school year (ESY) is special education your child gets beyond the regular school year because the IEP team decided it is needed for your child's progress. It is free and written into the IEP. Summer school is a general program open to many students, often for credit recovery or enrichment. The deciding question: is the service needed to keep your child's IEP progress?
Extended school year services, or ESY, and summer school can happen in the same building in the same weeks. They are still different things with different rules. ESY is part of your child's special education. Summer school is a district program that any student may be offered.
Federal rules say each district must make ESY available when a child needs it to receive a free appropriate public education. The IEP team decides this for each child, one at a time. The district cannot limit ESY to certain disabilities or set the same amount for everyone.[1]
The deciding question
Ask: does my child need this service over the break to keep the progress made on IEP goals?
If yes, that points to ESY, and the IEP team has to consider it. If the goal is to catch up on a failed class, get ahead, or have a structured summer, that is summer school.
Side-by-side table
| ESY | Summer school | |
|---|---|---|
| What it is | Special education and related services beyond the normal school year, given under the IEP[1] | A general program run by the district, often for credit, remediation or enrichment |
| Basis | Federal special education rules, plus state standards[1] | District or state policy; not a special education right |
| Who decides | The IEP team, including you | The district, the school, or the family by sign-up |
| Who can attend | Only students whose IEP team decides they need it | Often any student who qualifies or signs up |
| Cost to families | Free | Usually free, sometimes with fees, depending on the district |
| What is taught | The IEP goals the team picks for ESY | A set course or curriculum |
| How long | What your child needs, set in the IEP; not a fixed length for everyone | Fixed dates and hours for all students |
| Where it is written | In the IEP, with services, minutes and location | In a registration form or course record |
| If you disagree | Your procedural safeguards apply, including written notice and dispute options | District policies apply |
How teams decide ESY
Federal rules do not list a test for ESY. States and courts have set the standards, so the factors differ by state. Many states look at some mix of these:
- Regression and recoupment. Does your child lose skills over breaks and take a long time to get them back? For example, a child reads 60 words correct per minute in June and 41 in September, and needs 8 weeks to get back to 60.
- Emerging skills. Is your child close to a breakthrough, such as just starting to use a talking device to ask for things?
- Critical skills. Is the skill one your child needs for safety or daily life, such as toileting or not leaving an area?
- Nature and severity of the disability, and other special circumstances.
Data from before and after breaks, such as winter break, helps the team decide. If your child's teacher has graphs from the weeks before and after a break, ask to see them. The ESY glossary entry defines the term in more detail.
Three examples
These children are made up to show how the deciding question works.
Sam, age 8, reading
Sam reads 55 words correct per minute in May. After winter break he dropped to 38 and took 6 weeks to recover. His state uses regression and recoupment. Answer: ESY. The team adds reading instruction 3 times a week for 6 weeks, 45 minutes each, to keep his decoding and fluency gains.
Mia, age 15, failed algebra
Mia has an IEP for a learning disability and failed Algebra 1. She makes steady progress on her IEP math goals and keeps her skills over breaks. Answer: summer school. She can enroll in credit recovery like any student. Her IEP accommodations still apply in that class. ESY is not about earning the credit.
Eli, age 6, communication
Eli just started using his speech device to make requests: 12 requests a day in May, up from 2 in March. The team worries he will stop using it over 10 weeks without practice. Answer: ESY. The skill is emerging and critical for him. The team writes speech therapy twice a week and a home practice plan.
When your child might use both
A child can attend summer school and receive ESY. For example, a teenager could take a summer art class for credit and also get 2 speech sessions a week as ESY. The ESY part follows the IEP. The class follows school rules, with the child's accommodations.
Some districts deliver ESY inside a summer school program, so your child may sit in the same building as summer school students. That is fine, as long as your child gets the ESY services, minutes and goals written in the IEP. If the summer program does not match what the IEP says, ask the case manager who will provide the missing part.
What to do next
- Ask at the spring IEP meeting whether the team will consider ESY, and what data they are using.
- Ask for data from before and after winter or spring break.
- If the team says no, ask for the reason in writing. The school must give you prior written notice when it refuses a change in services.[2]
- For help, contact your state's Parent Training and Information Center through the Center for Parent Information and Resources.[3]
ESY is one part of the bigger question of where your child learns. The least restrictive environment guide covers the rest, and the special education rights overview lists your options if you disagree.
Frequently asked questions
Is ESY the same as summer school?
No. ESY is special education written into your child's IEP because the team decided your child needs it to keep progress. Summer school is a general program run by the district. They can share a building and dates but follow different rules.
Does ESY have to be a full day all summer?
No. The amount is what your child needs. It might be two speech sessions a week for six weeks, or a few hours a day. The district cannot set one length for every child.
Can my child get ESY if they have not regressed before?
Possibly. Many states also look at emerging skills, critical life skills and the nature of the disability. Ask the team which standards your state uses and what data they reviewed.
Use it in IEP Atlas
- ESY in the IEP glossary
- LRE in the IEP glossary
- Continuum of placements in the IEP glossary
- Prior written notice in the IEP glossary
Related guides
- Least restrictive environment, with examples
- Special education rights for parents and students: an overview
- The IEP meeting: before, during and after
- IEPs in virtual school
- Shortened school days for students with IEPs
- ESY eligibility: regression, recoupment and critical skills
Sources
- 34 CFR §300.106: Extended school year services, Legal Information Institute, Cornell Law School
- 34 CFR §300.503: Prior notice by the public agency; content of notice, U.S. Department of Education (IDEA website)
- Center for Parent Information and Resources, CPIR
- ESY: Services Beyond the School Year for Students With IEPs, CPIR
Written and checked by the IEP Atlas editorial team under our editorial policy. This guide describes general practice and federal rules. It is not legal advice; your state may add requirements, and the IEP team makes the decisions for each student.