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Extended school year (ESY) provides special education or related services beyond the regular school year when needed for FAPE. The individualized decision belongs in the IEP rather than being limited to a general summer program.
Evidence to present
Section 13 of DEPR’s Manual examines regression and poor skill recoupment after extended interruptions. Gather work samples, progress reports, family observations, and data before and after breaks. Ask how long recoupment takes and how interruptions affect the program.
Limits the agency cannot impose
Section 300.106 prohibits limiting ESY to disability categories or unilaterally limiting its type, amount, or duration. General policies must be applied consistently with individual FAPE needs. Request consideration early, but seek an evidence-based decision if an administrative scheduling date is invoked.
Approval or refusal
The IEP should specify services, frequency, duration, and supports, including transportation when appropriate. For refusal, request reasons and prior written notice. ESY and compensatory education have distinct bases: needs outside the ordinary school year versus a past deprivation.
The answer for your situation depends on the facts and records. An inquiry does not suspend legal deadlines or guarantee that the office will accept the case.
Reference sources
34 C.F.R. §300.106 · Año escolar extendido / Extended school yearManual DEPR 2020 · §13, pp. 188–191: año escolar extendido34 C.F.R. §300.320(a) · Contenido del PEI / IEP content34 C.F.R. §300.503(a)–(c) · Notificación previa escrita / Prior written noticeRules must be read in context. This explanation may require updating and individual review.