Extended School Year Decision
Determination Process
February 3, 2015
2014 -2015
Extended School Year (ESY)
ESY as defined by State Board Policy 7219 and
the Individuals with Disabilities Education Act
(IDEA) means special education and related
services that are provided to a child with a
• Beyond the normal school year of the public agency;
• In accordance with the child's Individualized Education
Program (IEP); and
• At no cost to the parents of the child.
2014 -2015
Extended School Year (ESY)
The need for an ESY program must be
considered for all students
• Ages 3 – 20 years old (per current state law);
• With current eligibility; and
• With a current IEP.
All students meeting the above conditions must
be considered using all criteria for determining
the need for ESY services.
2014 -2015
Extended School Year (ESY)
Students with disabilities who turn twenty-one
(21) during the school year who are eligible for
ESY services may be served in an ESY program as
determined by the IEP Committee.
2014 -2015
Extended School Year (ESY)
Individuals with Disabilities Education Act (IDEA)
– Each public agency must ensure that ESY services are
available as necessary to provide a Free Appropriate
Public Education(FAPE), consistent with State Board
Policy 7212.
– ESY services must be provided only if a child’s IEP
Committee determines, on an individual basis, in
accordance with §§300.320 through 300.324, that the
services are necessary for the provision of FAPE to the
2014 -2015
Extended School Year (ESY)
In implementing the ESY requirements, a public
agency may not limit ESY services to particular
categories of disability or unilaterally limit the
type, amount, or duration of those services.
2014 -2015
Extended School Year (ESY)
• Designed to maintain student mastery of
critical skill(s) and objectives on the IEP
achieved during the regular school year;
• Designed to maintain a reasonable readiness
to begin the next year;
• Based on multi-criteria and not solely on
2014 -2015
Extended School Year (ESY)
Extended school year is a part of the
continuum of placement opportunities
available to students with disabilities
and is a part of the student’s IEP.
2014 -2015
Extended School Year (ESY) is Not:
• A mandated 12 months service for all students
with disabilities;
• Required for the convenience of the school or
parents and therefore cannot serve as a daycare
or respite care service;
• Necessary to continue instruction on all of the
previous year’s IEP goals during the ESY period;
• Considered to help the student with disabilities
advance in relation to his or her peers.
2014 -2015
Extended School Year (ESY) Standards
Standard 1: Local education agencies shall ensure that ESY qualifying
criteria are completed in accordance with State ESY
Standard 2: Parents shall be advised of and involved
qualificatio n process.
in the ESY
Standard 1: Local education agencies shall ensure that the ESY program
of each child is individ ually designed, reflects high priority
needs, and includes services necessary to conduct the
Standard 2: Parents shall be given opportunities to be involved
in the design and implementatio n of the ESY.
Standard 3: Local education agencies shall ensure that there is ongoing
communicatio n between regular school year staff and ESY
staff sufficient to ensure program continuity.
Standard 1: Local education agencies shall continue to address LRE
factors, includ ing integratio n with nondisabled persons, in
the implementatio n of the ESY program.
Standard 2: Local education agencies shall ensure that the services listed
on the IEP are provided.
Standard 3: Local education agencies shall ensure that instructio nal
activities conducted during ESY are documented.
Standard 1: Local education agencies shall ensure that instructio nal
personnel measure and report child outcomes.
Standard 2: Local education agencies shall evaluate ESY outcome data
to determine program effectiveness.
2014 -2015
Extended School Year (ESY) Guidance
• All students ages 3-20 with a current eligibility
and a current IEP must be considered.
• Objectives on the current IEP and all student
performance data must be reviewed.
• Data must be examined using all criteria. The
student with disabilities may be determined to
need ESY services according to one or more of
the criteria.
2014 -2015
Extended School Year (ESY) Guidance
• The intent of the ESY service is not to ensure
students pass a class or to remediate all
deficits noted during the school year.
• All members of the IEP Committee have input
into the decision making process. They are to
use professional judgment and make the
ultimate decision whether the student needs
ESY to receive a (FAPE).
2014 -2015
Extended School Year (ESY) Criteria
The following criteria are used to
determine a student’s need for ESY:
• Regression–Recoupment (R-R)
• Critical Point of Instruction (CPI)
• Extenuating Circumstances
2014 -2015
Regression-Recoupment (R-R)
• R-R can be characterized as a significant regression of
previously-learned skills during a break in service, and
limited or delayed recoupment of these skills after
services resume.
• R-R occurs when the amount of time required to
relearn skills or behaviors becomes so significant that it
interferes with the ongoing educational process.
• Example: A loss of skill on IEP objective(s) after at least
two (2) breaks in instruction without regaining the
documented level of skill(s) prior to these breaks
within the specified period.
2014 -2015
Break In Instruction
• A break of at least five (5) consecutive
instructional days
• Examples: Fall break; Christmas break; Spring
2014 -2015
Critical Point of Instruction
Students with disabilities may be
eligible for ESY if there is evidence that
ESY is needed to allow the student to
maintain progress during a critical
point of instruction.
2014 -2015
Critical Point of Instruction (CPI-1)
Utilized to prevent a loss of general education
class time OR an increase in special education
service time.
• Example: The student may not be keeping up
with work in the general education class and
the IEP Committee is considering movement
to a more restrictive setting.
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Critical Point of Instruction (CPI-2)
Utilized to prevent a loss of significant progress made
toward the acquisition and/or maintenance of a critical
• Example: A ten-year old child with Multiple
Disabilities has just learned to activate an
augmentative communication device to answer
basic questions and will not retain this skill unless it
is practiced consistently in a structured setting.
2014 -2015
Extenuating Circumstances
After the IEP Committee has reviewed student
performance data and decided the student does
not meet either Regression-Recoupment or
Critical Point of Instruction criterion, unusual
situations or circumstances may exist which
result in the IEP Committee determining the
student is in need of ESY services.
2014 -2015
Extenuating Circumstances
Example: A child enters the school at some point
during the year with little or no assessment data
or information from the sending school district and
the IEP Committee does not have the time to
collect the data as needed to determine
regression-recoupment (e.g., they did not have
two (2) breaks in instruction from which to collect
data) or critical point of instruction. However, the
IEP Committee has some data that indicate the
child will experience regression on critical skills
without the continued provision of special
education services.
2014 -2015
Extenuating Circumstances
In extenuating circumstances the IEP
Committee must use all available data,
their knowledge of the child, and their
professional judgment to determine
the child’s need for ESY services.
2014 -2015
ESY Decision-Making
It is recommended that the decisions
regarding the student’s need for ESY
services be submitted annually
between January 15th and April 15th.
2014 -2015
ESY Decision-Making
However, if any child with a disability
enrolls in school or will be three (3)
years old after the April 15th date, the
IEP Committee must still consider ESY
as a part of FAPE and amend the ESY
Project, if necessary.
2014 -2015
ESY Decision-Making
• All decisions regarding the need for the
provision of ESY services must be based
upon data that should be collected
throughout the school year.
• A review of all student performance
data must be completed and considered
when determining a student’s need for
ESY services.
2014 -2015
 This child attends a twelve (12) month program.
Determination of ESY Decision
Determination Date:
All of the following criteria used in determining eligibility must be considered:
 Regression-Recoupment: Refers to a child’s loss of a skill on IEP objective(s) after at least two (2) breaks in
instruction without regaining the documented level of skill(s) prior to the break within the specified period.
 Critical Point of Instruction 1: Refers to the need to maintain a child’s critical skill to prevent a loss of general
education class time or an increase in special education service time.
 Critical Point of Instruction 2: Refers to a point in the acquisition or maintenance of a critical skill during which a
length break in instruction would lead to a significant loss of progress.
 Extenuating Circumstances: Refers to special situations that jeopardize the child’s receipt of a FAPE unless ESY
services are provided
NOTE: Although ESY services typically focus on existing annual goals or STIO/Bs, the IEP Committee may determine the
child needs to master a new goal or objective to be able to master or maintain the critical skill identified as the basis for
ESY services. Only in this situation may the IEP Committee write a new goal and/or objective to address this critical skill.
The type or severity of the child’s disability must cause the skills learned by the child during the regular school
year to be significantly jeopardized if he/she does not receive ESY.
 This child’s situation MEETS criteria for ESY Services.
 This child’s situation DOES NOT MEET the criteria for ESY Services
Document the basis for the decision. Documentation of how the decision was made MUST be in the child’s file.
Measurable Annual Goals or Short-Term Instructional
Objectives/Benchmarks (STIO/B)
These must be existing measurable annual goals or STIO/Bs except for
situations as described in the note above.
TA =
Report of Progress
Methods of Measurement (MOM)
OBS = Observation
CRT = Criterion Reference Test
CBM = Curriculum Based Measure
Types of Service
Report of Progress
WS = Work Samples
D/P = Demonstration/Performance
A Progress Report will be given to parents every
or at the end of the child’s ESY services on
# of
CLP = Current Level of Performance
PAG = Progress on Annual Goal
See Annual Goal page for codes
Date(s) progress report given to parent
(See Special Education
and Related Service
page for code)
Start Date
End Date
Educational Services
Related Services**
** Any related services provided (except transportation) must have a corresponding measurable annual goal or STIO/B.
2014 -2015
ESY Decision-Making
• Determination of the need for ESY services
should flow from, and be incorporated within,
the IEP meeting(s) and regular school year
program and instructional data.
Determining if a student is in need of ESY services is
integrated within everything the IEP Committee
[including family member(s)] is already doing when
making instructional decisions on a regular basis
throughout the student’s program.
2014 -2015
On-Going Data Collection
The student’s performance on goals and
objectives on the IEP is monitored on an ongoing basis throughout the school year. The
assessment data collected should indicate the
progress the student makes toward acquisition
of his or her goals and objectives and may
include, for example:
– Grades
– Class/subject tests
2014 -2015
On-Going Data Collection
– Performance based assessments
– Portfolio entries
– Student work samples
– State & district accountability tests
– Progress reports
– Behavior checklists
– Task analyses
– Teacher observation logs
– Other
2014 -2015
On-Going Data Collection
The data that are collected on an on-going basis
throughout the school year, and used to make
instructional decisions for the student, are the
basis for making ESY decisions.
2014 -2015
ESY Determination Re-Cap
• At the annual IEP meeting, the teacher/IEP
Committee should:
• Discuss the student’s progress and related issues (including
• Explain and give the parent(s)/legal guardian the ESY Fact
• Discuss the R-R and CPI criteria, as well as the possibility of
extenuating Circumstances.
• Discuss on-going data collection techniques that will be used
to make instructional decisions, including determining the
need for ESY.
2014 -2015
ESY Determination Re-Cap
• During the school year the teacher/IEP
Committee should:
• Collect student performance information/assessment data.
• Review the student’s progress/lack of progress regularly.
• As part of the annual IEP meeting or as a separate
meeting specific to ESY examine the student’s
instructional data to review performance and
progress and determine the need for ESY
2014 -2015
Valecia Davis, Coordinator
[email protected]
Tanya Bradley, Bureau Director
[email protected]
Office of Special Education
Division of Technical Assistance
Roscoe Jones
[email protected]
Office of Special Education
Division of Program Management
(601) 359-3498
2014 -2015

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