Students with disabilities who have IEPs are entitled to educational programming that extends beyond the standard 180 day school year if, because of a  break in their programming,  they would:  regress in their skills, take a significantly long  time to recover (recoup) the lost skills, fail to maintain skills they have attained, interrupt their education at a critical point for mastery of a skill, withdraw from the learning process, or be unlikely to attain self-sufficiency and independence from caretakers, or if their disability is of the severity that would require longer programming. The IEP team must consider all of these factors in making a decision about a student’s ESY eligibility.

ESY is a status—not a program.  If your child is determined to be eligible for ESY, he or she is eligible for whatever services and programs are necessary to prevent the harms ESY is intended to address.

The timeframe for resolving ESY issues is short.  We can help you resolve any dispute about your child’s ESY eligibility or services through meetings, negotiations, mediation, and, if necessary, due process hearing and litigation.