Extended School Year
Each public agency must ensure that extended school year services are available as necessary to provide FAPE. 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.
The need for Extended School Year (ESY) services must be considered for each student. This does not mean that these services must be provided for every student, only that the need for ESY services must be considered for each special education student. If required, the specific services, the starting and ending dates of these services, the site where services will be provided, and, if needed, the description of instructional service delivery should be recorded on the service page of the IEP.
The IEP team must determine on a case-by case basis if any of the factors below in isolation or in some combination will significantly jeopardize the student’s ability to receive some benefit from the student’s educational program during the regular school year, if the student does not receive extended school year services.
[34 C.F.R. 300.106; COMAR13A.05.01.03B(26); COMAR 13A.05.01.08B(2)]
ESY Decision Deferred
If an IEP team believes it is too early in a school year to adequately address a student’s possible need for ESY, the IEP team may defer this decision to a later date.
If the decision is deferred, the IEP team must reconvene to consider the student’s need for ESY services at a later date, yet early enough in order to provide the parent sufficient time to appeal the IEP team decision, if necessary.
ESY Questions
ESY Question 1
After IEP team consideration answer YES or NO
Discussion to Support Decision (optional)
A text field is available to an IEP team to provide additional information relative to ESY Question 1 regarding critical life skills on the student's IEP. If an IEP team intends to use the student’s IEP to satisfy the requirements for prior written notice (PWN), this text field provides space for that purpose. Please refer to the definition of prior written notice (PWN).
ESY Question 1a
After IEP team consideration, answer YES or NO
Discussion to Support Decision (optional)
A text field is available to an IEP team to provide additional information relative to ESY Question 1a regarding whether or not there is a likely chance of substantial regression and failure to recover those lost skills in a reasonable time. If an IEP team intends to use the student’s IEP to satisfy the requirements for prior written notice (PWN), this text field provides space for that purpose. Please refer to the definition of prior written notice (PWN).
ESY Question 1b
After IEP team consideration, answer YES or NO
Discussion to Support Decision (optional)
A text field is available to an IEP team to provide additional information relative to ESY Question 1b regarding the student's degree of progress toward mastery of IEP goals related to critical life skills. If an IEP team intends to use the student’s IEP to satisfy the requirements for prior written notice (PWN), this text field provides space for that purpose. Please refer to the definition of prior written notice (PWN).
ESY Question 2
After IEP team consideration, answer YES or NO
Discussion to Support Decision (optional)
A text field is available to an IEP team to provide additional information relative to ESY Question 2 regarding the presence of emerging skills or breakthrough opportunities. If an IEP team intends to use the student’s IEP to satisfy the requirements for prior written notice (PWN), this text field provides space for that purpose. Please refer to the definition of prior written notice (PWN).
ESY Question 3
After IEP team consideration, answer YES or NO
Discussion to Support Decision (optional)
A text field is available to an IEP team to provide additional information relative to ESY Question 3 regarding whether or not there are significant interfering behaviors. If an IEP team intends to use the student’s IEP to satisfy the requirements for prior written notice (PWN), this text field provides space for that purpose. Please refer to the definition of prior written notice (PWN).
ESY Question 4
After IEP team consideration, answer YES or NO
Discussion to Support Decision (optional)
A text field is available to an IEP team to provide additional information relative to ESY Question 4 regarding consideration of whether or not the nature and severity of the student's disability warrants ESY. If an IEP team intends to use the student’s IEP to satisfy the requirements for prior written notice (PWN), this text field provides space for that purpose. Please refer to the definition of prior written notice (PWN).
ESY Question 5
After IEP team consideration, answer YES or NO
Discussion to Support Decision (optional)
A text field is available to an IEP team to provide additional information relative to ESY Question 5 regarding other special circumstances, if any. If an IEP team intends to use the student’s IEP to satisfy the requirements for prior written notice (PWN), this text field provides space for that purpose. Please refer to the definition of prior written notice (PWN).
IEP Team Decision
After considering the questions and documenting the IEP team’s decisions relative to ESY, indicate:
YES – The IEP team believes the benefits that the student receives from his or her educational program during the regular school year will be significantly jeopardized if the student is not provided ESY. Indicate YES, if student is eligible for ESY services.
NO – The IEP team does not believe the benefits that the student receives from his or her educational program during the regular school year will be significantly jeopardized if the student is not provided ESY. Indicate NO, if student is not eligible for ESY services.
Document Basis for Decision(s) (required)
A required text field for an IEP team to provide additional information to document the basis of the IEP team’s decision. If addressed properly, documentation will meet requirements of prior written notice (PWN), in accordance with 34 C.F.R. §300.503 and COMAR 13A.05.01.12, PWN includes:
• A description of the action proposed or refused;
• An explanation of why the public agency proposes or refuses to take the action;
• A description of the options the public agency considered and the reason the options were rejected;
• A description of each assessment procedure, test, record, or report the public agency uses as a basis for the proposal or refusal;
• A description of any other factors relevant to the proposed or refused action;
• A list of sources a parent may contact to obtain assistance in understanding the provisions of IDEA; and
• If an action proposed by a public agency also requires parental consent, a public agency may provide notice at the same time it requests consent.
[20 U.S.C §1415; 34 C.F.R. §300.503; COMAR 13A.05.01.12]
