Legal References Regarding ESY Services | Federal Regulations
Legal References Regarding ESY Services | Rules and Regulations
Click on above link for: Special Education Rules and Regulations (side-by-side)—search for §89.1065. Extended School Year Services (ESY Services).
Extended School Year (ESY) Services
is an individualized instructional program for eligible students with disabilities that is provided beyond the regular school year. The need for ESY services must be determined on an individual basis by the admission, review, and dismissal (ARD) committee. The individualized education program (IEP) developed for ESY must include goals and objectives.
The need for ESY services must be documented from formal and/or informal evaluations provided by the district or the parents. If a student requires a significant amount of time to recoup acquired critical skills, then the ARD committee should discuss whether the student needs extended educational and/or related services during school breaks. If the loss of acquired critical skills would be particularly severe or substantial, or if such loss results, or reasonably may be expected to result, in immediate physical harm to the student or to others, ESY services may be justified without consideration of the period of time for recoupment of such skills.
Each district must ensure that extended school year services are available as necessary to provide a free appropriate public education in order to maintain identified critical skills for those students in need of these services.
- ESY services are determined by the student’s ARD committee. Services are student need driven and include a variety of options. ESY Goals/Activities are reflected in the student’s current IEP.
- ESY services are not limited to particular categories of disability. District information reflects that all disability categories are considered for ESY. Consideration is by individual student need.
- ESY services are not unilaterally limited as to the type, amount, or duration. Consideration of service delivery includes community options/services.
- Transportation, as a related service, is considered and offered to students with disabilities who need this service to benefit from ESY services.
All district staff, including administrators, supervisors, teachers, related service personnel, and teaching assistants, understand the purpose of ESY services and the role staff play in the consideration and delivery of ESY services. District staff will participate in the consideration of ESY services discussion. Those staff involved in the provision of ESY services will be informed of the student’s goals and other information related to ensuring the effectiveness of the services.
ESY Services are connected to previous and future school year services. A communication system will be in place that defines roles and responsibilities for ESY documentation to flow between and among district staff. Sending and receiving teachers will provide information and feedback regarding the provision and effectiveness of the ESY services. Framework for the ESY program will include a process for planning prior to the initiation of and following the end of ESY services.
District staff will ensure that parents understand information provided to them in regard to the purpose and intent of ESY services and the role they play in the consideration and delivery of the ESY services. When parents have questions regarding this service, they will know who to ask for further discussion and/or explanation of the process. Parents will participate in the ARD committee discussion regarding the consideration of ESY services. When needed or appropriate, parents will provide documentation to the ARD committee for use in the determination of ESY eligibility. Parents will communicate with district staff and participate in the ESY services as they would for their child’s school year services.
Education Service Centers
Texas is divided into 20 geographic regions. Each regional ESC provides leadership, training, and technical assistance in the area of special education for students with disabilities in accordance with the Texas Education Agency's focus on increasing student achievement. Each regional ESC serves as first point of contact for school districts, parents, and other community stakeholders.
Parent Training and Information Centers
Parent centers in each state provide training and information to parents of infants, toddlers, school-aged children, and young adults with disabilities and the professionals who work with their families. This assistance helps parents participate more effectively with professionals in meeting the educational needs of children and youth with disabilities.
Parent Information Line | 1-800-252-9668 (toll free)
This toll free message line is reserved for parents and other family members who have questions about student rights and regulatory requirements as they relate to special education complaint investigations, mediations, and due process hearings. Calls are returned by trained professionals during normal business hours.
Texas Administrative Code (TAC), Title 19, Part II Chapter 89. Adaptations for Special Populations: Commissioner’s Rules for ESY (§89.1065. Extended School Year Services (ESY Services).
Special Education in Texas Main Page
Texas Project First
Division of Federal and State Education Policy
1701 North Congress Avenue | Austin, Texas 78701-1494
Telephone: 512.463.9414 | Fax: 512.463.9560