EXTNEDED SCHOOL YEAR '26

34 CFR §300.106 states the following about ESY services:

• Each public agency must ensure that extended school year services are available as necessary to provide FAPE.
• Extended school year services must be provided only if a child's IEP team determines, on an individual basis, that the services are necessary for the provision of FAPE to the child.
• In implementing the requirements of this section, a public agency may not limit extended school year services to particular categories of disability or unilaterally limit the type, amount, or duration of those services.

General Guidelines

• The key question before the IEP team is whether the child needs ESY services in order to secure the minimum benefits of a free and appropriate public education during the regular school year.
• ESY services do not need to duplicate the services provided during the school year because the purpose is different (prevent regression rather than continued progression). A student may require ESY services in only one area (e.g. speech and language) but not in other areas (e.g. specialized academic instruction).
• When an IEP team discusses ESY services, they should consider the student’s current placement in order to avoid placing the student in a more or less restrictive environment for ESY services.
• The determination of ESY eligibility must be based on empirical and qualitative data collected by the IEP team members for the student’s individual skills.
• The IEP should clearly indicate a start date, end date, frequency and duration of the ESY services.