Determination of the Need for ESY
Emerging Skill – Regression/Recoupment – Self-Sufficiency
Children qualify for ESY services in three general areas: emerging skill, regression/recoupment, or self-sufficiency. ESY services must be provided only if a child’s IEP Team determines, on an individual basis, that the services are necessary for the provision of FAPE to the child. Provision of ESY services for one year does not mean that the child needs such services each year. A district may not limit ESY services to particular disability categories or unilaterally limit the type, amount, or duration of those services.
ESY services can be based on one or more of three general areas using the following guidelines. A “yes” response to all questions within one area provides a strong indication that ESY services are warranted.
When few, if any, gains are made during the regular school year and a critical skill is in the process of emerging, and it is believed that with ESY services the child could make reasonable gains, then ESY services must be considered. Collect documentation to assist the IEP Team in determining the following:
a. Does progress toward the goals and objectives or benchmarks over an extended period show few, if any, gains?
b. Is a skill emerging?
c. Does documentation support that ESY services are needed to avoid irreparable loss of the learning opportunity?
When the child would regress to such an extent and the amount of time required to re-learn skills or behaviors becomes so significant that he or she would be unable to benefit from his or her special education program, then ESY services must be considered. Collect documentation to assist the IEP Team in determining the following:
a. Do progress reports and data show that the child demonstrates periodic regression, which is related to breaks in instruction throughout the school year?
b. Do progress reports and data show that the child regresses and cannot re-learn the skills in a reasonable amount of time following the breaks?
c. Does documentation support that without ESY services the child would regress to such an extent and have such limited recoupment ability that he or she would be unable to benefit from his/her special education program?
When the acquisition of critical life skills that aid in the child’s ability to function as independently as possible, thereby reducing the child’s reliance on caretakers or other institutionalized care, would be threatened by an interruption in services, ESY services must be considered. The IEP Team should collect documentation to assist in determining the following:
a. Does documentation identify critical life skills that are needed for independence?
b. Will failure to maintain acquired critical life skills cause major or permanent loss of the skills and create a dependence on caregivers?
c. Without ESY services, would the child fail to maintain these critical life skills?