Extended School Year: Legal Issues and Implications

Abstract

Much of the research and material published on the extended school year (ESY) to date has failed to provide comprehensive and accurate information on determining eligibility and the need for ESY services for children with disabilities. Eligibility for ESY can be based on several criteria, including individual need, nature and severity of the disability, educational benefit, regression and recoupment, self-sufficiency and independence, and failing to meet short-term goals and objectives. An examination of the ESY case law history reveals that it is difficult to determine “judicially manageable standards” for the various categories of eligibility. Therefore, decisions regarding ESY are based on an assimilation of criteria, particularly when considering ESY for children with severe disabilities. This article provides a thorough (exhaustive) review of the legal issues, including statutory and case law, and practical guidelines that will assist educators in their efforts to comply with federal statutes.