Shattering Extended School Year Myths That Hurt Your Child
Secure Your Child’s Right to Extended School Year Services—Backed by Special Education Law
When the School says no—but you know better
When the school pushes back, you don’t have to accept “no.”
“We only offer ESY to students with severe disabilities.” “Your child is doing fine, so ESY isn’t necessary.” “Let’s wait and see if they regress over the summer.”
These statements are common—and often incorrect. Schools frequently downplay or deny ESY access, especially when parents aren’t fully informed of their rights. But knowledge changes the conversation. Let’s examine the 3 Myths of ESY through the eyes of a parent.
Mary’s Story: Part 1 – The Surprise at the IEP Table
Mary, a single mom of an 8-year-old named Leo, walked into her spring IEP meeting ready to advocate. Leo had made major strides in speech and social engagement. But when she asked about summer support, the team shut it down: “We only offer Extended School Year Services to students who show academic regression. Leo’s grades are fine.”
Mary left frustrated and unsure. But progress isn’t just about grades—and she was right to question that response.
This blog breaks down the myths, the law, and the questions every parent should be asking when ESY season begins.
What Is Extended School Year (ESY) and Who Qualifies?
Break it down
Extended School Year (ESY) services are special education and related services that are provided beyond the regular school year. It may look like this: the School year ends in May and your child continues to receive special education beyond that date, or a number of weeks are offered in July with your child being bussed to the location of the services. ESY is not Summer School. Don’t confuse the two.
Summer school is designed for kids in general education who may be behind or need more instruction to progress to the next grade. Your child is covered by The Individuals with Disabilities Education Act (IDEA), and this requires schools to offer ESY when it’s necessary for a child to receive specially designed instruction AKA a Free Appropriate Public Education (FAPE).
What Schools Might Miss—and How You Can Be Smarter
Many parents think ESY is only for children who lose academic skills over the summer—but regression and recoupment are just one factor. A child may also qualify if:
- They’re at risk of losing critical life skills like communication or self-care
- Their rate of progress is too slow without consistent support
- They’re working toward emerging skills that could be lost without reinforcement
- They’ve experienced frequent interruptions in instruction during the year
The law is clear: ESY decisions must be based on individual needs—not administrative convenience.
That same week, Mary read up on ESY and discovered that the law says grades and academic regression aren’t the only factors. If a child is building emerging skills—like Leo’s new communication abilities—those can qualify too.
Myth Busting: Common Misunderstandings About ESY
Top 3 Myths Parents are Told
❌ Myth 1: ESY is only for academic subjects like reading and math
→ Truth: ESY can support behavioral, functional, communication, or life skills too. If your child has social goals, speech therapy, or occupational therapy in their IEP, those may continue during ESY.
❌ Myth 2: Kids with good grades or no regression don’t qualify
→ Truth: IEP goals—not grades—determine eligibility. A student can be excelling academically while still at risk of losing key social, behavioral, or communication skills.
❌ Myth 3: You have to prove regression over summer breaks
→ Truth: Courts have ruled that schools must use more than just regression to determine eligibility. That includes teacher observations, parent input, and IEP goal data from the school year.
Mary’s Story: Part 2 – The Turning Point
This time, Mary came prepared—with data. She logged how Leo’s skills slipped over breaks and how long he needed to recover. It was compelling. And it worked.
Mary returned to the table with data and asked, “What factors beyond grades and regression have been considered?”
The team paused—and this time, they listened.
Strategic Questions to Keep the Door Open on ESY
When a school says ESY isn’t needed, try asking:
- “What data are you using to make that decision?”
- “Has the team considered all factors beyond regression?”
- “What steps were taken to assess whether my child needs ESY to receive FAPE?”
- “Are behavioral and social goals part of the ESY discussion?”
Your role on the IEP team is equal—and informed questions change outcomes.
How to Build a Data Case for ESY—Even If the School Doesn’t
Turn “No” Into “Let’s Revisit”: The Data You Can Track
Sometimes the school doesn’t have enough data—or doesn’t want to collect it. That’s where you come in. Before you meet with your IEP team, request your child’s complete educational file. Do this every time and if you received it for the last meeting, request the complete file for the time since that has elapsed since the last meeting to the present.
If the school cannot produce the data for your review and it is not contained in the record, it’s likely that no data has been collected for ESY.
Make sure that you receive your child’s progress reports and that they have been properly measured against mastery criteria measurements. This means that if the goal is to be showing a skill in ⅘ observations, a progress report with “he’s on track to master this goal,” is not adequate reporting.
Here’s how to start tracking meaningful progress at home:
- Keep a weekly log of skill use (e.g., communication, toileting, reading fluency)
- Note regression after school breaks
- Document new or emerging skills
- Track how long it takes your child to “bounce back” after time off
Just like Mary did, keeping your own log can turn “no” into “let’s revisit.” Data doesn’t have to be fancy—just consistent.
📅 Tip: Consistent home data builds a stronger case than waiting for the school to notice regression.
What Meaningful ESY Should Look Like
Extended School Year Services Should Be Targeted, Not Tacked On
ESY doesn’t have to mirror the regular school day. In fact, it shouldn’t if your child learns best in a different setting, routine, or format.
Meaningful ESY could include:
- 1:1 or small-group sessions
- Therapy-based instruction (speech, OT, social skills)
- Community-based learning or real-life skills
- Modified schedules (shorter days or weeks)
For Leo, meaningful ESY wasn’t busywork—it was strategic reinforcement. Short speech sessions and a structured peer group directly supported his IEP goals.
If Your Child Lost Progress, You Need More Than an Apology
If your child was denied ESY and lost significant progress, you may be entitled to compensatory services. This means extra support to make up for missed opportunities under FAPE. Not only is your child in a position where he/she has taken several developmental steps backwards, but you may have to contemplate your best dispute option.
Prepare for this possibility by obtaining the following. Note that PWN is the school’s obligation to give you written reasons on why they are proposing or refusing an action. It requires that the IEP team provide their data-based rationalization for these decisions.
Ask for:
- A Prior Written Notice (PWN) if the team refuses ESY
- A meeting to discuss compensatory options if services were insufficient
Schools are obligated to offer compensatory services when ESY was wrongfully denied. Don’t wait—document, request a meeting, and put your concerns in writing.
Take Action Before It’s Too Late
Too many families find out about ESY after the damage is done. Don’t be one of them.
Mary’s Story: Part 3 – A Different Summer Ahead
Leo qualified for ESY. Not because Mary had a law degree—but because she asked the right questions, tracked the right things, and spoke up when it mattered most.
You can do the same.
Next Steps for Parents
🗓️ Need a strategy to secure ESY for your child? Book a 30-minute strategy call, and let’s map out your next steps before the window closes.
🖐 [Book Your ESY Advocacy Session]
📚 Sources:
Council of Parent Attorneys and Advocates (COPAA): https://copaa.org
IDEA (Individuals with Disabilities Education Act): https://sites.ed.gov/idea
Wrightslaw on ESY: https://wrightslaw.com/info/esy.index.htm
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