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1342.12 Companion

July 12, 2017

Page 164

Extended School Year (ESY)

DoDM 1342.12

E4 S11 p37

ESY services are special education and related services that are provided to a student with a disability

beyond the normal DoDEA school year, in accordance with the student’s IEP, are at no cost to the

parents, and meet the standards of the DoDEA school system.

ESY services must be provided only if a child’s IEP team determines that the services are necessary for

the provision of FAPE to the child. DoDEA may not:

Limit ESY services to particular categories of disability; or

Unilaterally limit the type, amount, or duration of ESY services.

ESY services are only necessary to provide a FAPE when the CSC determines that progress and

instructional benefits for a student will be significantly jeopardized without the provision of ESY services.

The mere fact of likely regression is not a sufficient basis for providing ESY; most students (with and

without disabilities) are likely to show regression in skills some extent during lengthy breaks from

school. ESY services are warranted and required only when such regression will substantially thwart the

goal of meaningful progress or when other factors are present (see below).

Determining the Need for ESY Services

The need for ESY services, for all IEP students, must be presented in the context of the IEP process and

must be determined by the CSC at an IEP meeting. The CSC should consider the need for ESY services at

least annually, but must consider the need for these services, at any time, if so requested. The request

to consider ESY services may be initiated by the parent, the student, the student's teacher(s), related

service providers, or administrators. The consideration for ESY services should be an integral part of any

IEP meeting, including the initial IEP meeting.

The determination must be based on those services required in order for the student to receive FAPE.

Thus, the CSC must also review and consider the need for any related services and transportation.

Related services or transportation must be provided if they are determined to be necessary for the

student to benefit from the special education services provided during the ESY. The CSC considers and

reviews a variety of data when determining the need for ESY. The following sources of data should be

considered and reviewed as appropriate:

historical data;

review of current and previous IEPs;

documentation of regression and recoupment time;

documented clinical evidence;

classroom observations;

progress notes;

standardized assessments;

student work samples;

behavior logs;

parent interviews;

parent input including outside reports/evaluations; and

attendance information.