EXTENDED SCHOOL YEAR SERVICES

Document items indicate requirements to be documented in the special education process. They can be addressed on forms or by a representative statement in a written dialogue.

Practice items are requirements, which must be reflected in practice.

19 Texas Administrative Code § 89.1065. Extended School Year Services (ESY Services). 

Extended school year (ESY) services are defined as individualized instructional programs beyond the regular school year for eligible students with disabilities. 

(1)  The need for ESY services must be determined on an individual student basis by the admission, review, and dismissal (ARD) committee in accordance with 34 Code of Federal Regulations (CFR), §300.106, and the provisions of this section. In determining the need for and in providing ESY services, a school district may not: 
(A)  limit ESY services to particular categories of disability; or 
(B)  unilaterally limit the type, amount, or duration of ESY services. 
. . . 


Last Amended:  January 1, 2015, 39 TexReg 10446 
Entered: Jan. 19, 2015

19 Texas Administrative Code § 89.1065. Extended School Year Services (ESY Services). 

Extended school year (ESY) services are defined as individualized instructional programs beyond the regular school year for eligible students with disabilities. 

(1)  The need for ESY services must be determined on an individual student basis by the admission, review, and dismissal (ARD) committee in accordance with 34 Code of Federal Regulations (CFR), §300.106, and the provisions of this section. In determining the need for and in providing ESY services, a school district may not: 
(A)  limit ESY services to particular categories of disability; or 
. . . 


Last Amended:  January 1, 2015, 39 TexReg 10446 
Entered: Jan. 19, 2015

19 Texas Administrative Code § 89.1065. Extended School Year Services (ESY Services). 

Extended school year (ESY) services are defined as individualized instructional programs beyond the regular school year for eligible students with disabilities. 

(1)  The need for ESY services must be determined on an individual student basis by the admission, review, and dismissal (ARD) committee in accordance with 34 Code of Federal Regulations (CFR), §300.106, and the provisions of this section. In determining the need for and in providing ESY services, a school district may not: 
. . . 
(B)  unilaterally limit the type, amount, or duration of ESY services. 
. . . 


Last Amended:  January 1, 2015, 39 TexReg 10446
Entered: Jan. 19, 2015

19 Texas Administrative Code § 89.1065. Extended School Year Services (ESY Services). 

Extended school year (ESY) services are defined as individualized instructional programs beyond the regular school year for eligible students with disabilities. 

(1)  The need for ESY services must be determined on an individual student basis by the admission, review, and dismissal (ARD) committee in accordance with 34 Code of Federal Regulations (CFR), §300.106, and the provisions of this section. In determining the need for and in providing ESY services, a school district may not: 
(A)  limit ESY services to particular categories of disability; or 
(B)  unilaterally limit the type, amount, or duration of ESY services. 
. . . 


Last Amended:  January 1, 2015, 39 TexReg 10446 
Entered: Jan. 19, 2015

19 Texas Administrative Code § 89.1065. Extended School Year Services (ESY Services). 

Extended school year (ESY) services are defined as individualized instructional programs beyond the regular school year for eligible students with disabilities. 

. . . 
(5)  If the district does not propose ESY services for discussion at the annual review of a student's IEP, the parent may request that the ARD committee discuss ESY services pursuant to 34 CFR, §300.321. 
. . . 


Last Amended:  January 1, 2015, 39 TexReg 10446
Entered: Jan. 19, 2015

19 Texas Administrative Code § 89.1065. Extended School Year Services (ESY Services). 

Extended school year (ESY) services are defined as individualized instructional programs beyond the regular school year for eligible students with disabilities. 

. . . 
(2)  The need for ESY services must be documented from formal and/or informal evaluations provided by the district or the parents. The documentation must demonstrate that in one or more critical areas addressed in the current individualized education program (IEP) goals and objectives, the student has exhibited, or reasonably may be expected to exhibit, severe or substantial regression that cannot be recouped within a reasonable period of time. Severe or substantial regression means that the student has been, or will be, unable to maintain one or more acquired critical skills in the absence of ESY services. 
. . . 


Last Amended:  January 1, 2015, 39 TexReg 10446  
Entered: Jan. 19, 2015

19 Texas Administrative Code § 89.1065. Extended School Year Services (ESY Services). 

Extended school year (ESY) services are defined as individualized instructional programs beyond the regular school year for eligible students with disabilities. 

. . . 
(7)  For students enrolling in a district during the school year, information obtained from the prior school district as well as information collected during the current year may be used to determine the need for ESY services. 
. . . 


Last Amended:  January 1, 2015, 39 TexReg 10446  
Entered: Jan. 19, 2015

19 Texas Administrative Code § 89.1065. Extended School Year Services (ESY Services). 

Extended school year (ESY) services are defined as individualized instructional programs beyond the regular school year for eligible students with disabilities. 

. . . 
(2)  The need for ESY services must be documented from formal and/or informal evaluations provided by the district or the parents. The documentation must demonstrate that in one or more critical areas addressed in the current individualized education program (IEP) goals and objectives, the student has exhibited, or reasonably may be expected to exhibit, severe or substantial regression that cannot be recouped within a reasonable period of time. Severe or substantial regression means that the student has been, or will be, unable to maintain one or more acquired critical skills in the absence of ESY services. 
. . . 


Last Amended:  January 1, 2015, 39 TexReg 10446  
Entered: Jan. 19, 2015

19 Texas Administrative Code § 89.1065. Extended School Year Services (ESY Services). 

Extended school year (ESY) services are defined as individualized instructional programs beyond the regular school year for eligible students with disabilities. 

. . . 
(2)  The need for ESY services must be documented from formal and/or informal evaluations provided by the district or the parents. The documentation must demonstrate that in one or more critical areas addressed in the current individualized education program (IEP) goals and objectives, the student has exhibited, or reasonably may be expected to exhibit, severe or substantial regression that cannot be recouped within a reasonable period of time. Severe or substantial regression means that the student has been, or will be, unable to maintain one or more acquired critical skills in the absence of ESY services. 
. . . 


Last Amended:  January 1, 2015, 39 TexReg 10446  
Entered: Jan. 19, 2015

19 Texas Administrative Code § 89.1065. Extended School Year Services (ESY Services). 

Extended school year (ESY) services are defined as individualized instructional programs beyond the regular school year for eligible students with disabilities. 

. . . 
(4)  A skill is critical when the loss of that skill results, or is reasonably expected to result, in any of the following occurrences during the first eight weeks of the next regular school year: 
(A)  placement in a more restrictive instructional arrangement; 
(B)  significant loss of acquired skills necessary for the student to appropriately progress in the general curriculum; 
(C)  significant loss of self-sufficiency in self-help skill areas as evidenced by an increase in the number of direct service staff and/or amount of time required to provide special education or related services; 
(D)  loss of access to community-based independent living skills instruction or an independent living environment provided by noneducational sources as a result of regression in skills; or 
(E)  loss of access to on-the-job training or productive employment as a result of regression in skills. 
. . . 


Last Amended:  January 1, 2015, 39 TexReg 10446
Entered: Jan. 19, 2015

19 Texas Administrative Code § 89.1065. Extended School Year Services (ESY Services). 

Extended school year (ESY) services are defined as individualized instructional programs beyond the regular school year for eligible students with disabilities. 

. . . 
(4)  A skill is critical when the loss of that skill results, or is reasonably expected to result, in any of the following occurrences during the first eight weeks of the next regular school year: 
(A)  placement in a more restrictive instructional arrangement; 
. . . 


Last Amended:  January 1, 2015, 39 TexReg 10446  
Entered: Jan. 19, 2015

19 Texas Administrative Code § 89.1065. Extended School Year Services (ESY Services). 

Extended school year (ESY) services are defined as individualized instructional programs beyond the regular school year for eligible students with disabilities. 

. . . 
(4)  A skill is critical when the loss of that skill results, or is reasonably expected to result, in any of the following occurrences during the first eight weeks of the next regular school year: 
. . .  
(B)  significant loss of acquired skills necessary for the student to appropriately progress in the general curriculum; 
. . . 


Last Amended:  January 1, 2015, 39 TexReg 10446
Entered: Jan. 19, 2015

19 Texas Administrative Code § 89.1065. Extended School Year Services (ESY Services). 

Extended school year (ESY) services are defined as individualized instructional programs beyond the regular school year for eligible students with disabilities. 

. . . 
(4)  A skill is critical when the loss of that skill results, or is reasonably expected to result, in any of the following occurrences during the first eight weeks of the next regular school year: 
. . . 
(C)  significant loss of self-sufficiency in self-help skill areas as evidenced by an increase in the number of direct service staff and/or amount of time required to provide special education or related services; 
. . . 


Last Amended:  January 1, 2015, 39 TexReg 10446
Entered: Jan. 19, 2015

19 Texas Administrative Code § 89.1065. Extended School Year Services (ESY Services). 

Extended school year (ESY) services are defined as individualized instructional programs beyond the regular school year for eligible students with disabilities. 

. . . 
(4)  A skill is critical when the loss of that skill results, or is reasonably expected to result, in any of the following occurrences during the first eight weeks of the next regular school year: 
. . .  
(D)  loss of access to community-based independent living skills instruction or an independent living environment provided by noneducational sources as a result of regression in skills; or 
. . . 


Last Amended:  January 1, 2015, 39 TexReg 10446
Entered: Jan. 19, 2015

19 Texas Administrative Code § 89.1065. Extended School Year Services (ESY Services). 

Extended school year (ESY) services are defined as individualized instructional programs beyond the regular school year for eligible students with disabilities. 

. . . 
(4)  A skill is critical when the loss of that skill results, or is reasonably expected to result, in any of the following occurrences during the first eight weeks of the next regular school year: 
. . .  
(E)  loss of access to on-the-job training or productive employment as a result of regression in skills. 
. . . 


Last Amended:  January 1, 2015, 39 TexReg 10446
Entered: Jan. 19, 2015

19 Texas Administrative Code § 89.1065. Extended School Year Services (ESY Services). 

Extended school year (ESY) services are defined as individualized instructional programs beyond the regular school year for eligible students with disabilities. 

. . . 
(3)  The reasonable period of time for recoupment of acquired critical skills must be determined on the basis of needs identified in each student's IEP. If the loss of acquired critical skills would be particularly severe or substantial, or if such loss results, or reasonably may be expected to result, in immediate physical harm to the student or to others, ESY services may be justified without consideration of the period of time for recoupment of such skills. In any case, the period of time for recoupment must not exceed eight weeks. 
. . . 


Last Amended:  January 1, 2015, 39 TexReg 10446  
Entered: Jan. 19, 2015

19 Texas Administrative Code § 89.1065. Extended School Year Services (ESY Services). 

Extended school year (ESY) services are defined as individualized instructional programs beyond the regular school year for eligible students with disabilities. 

. . . 
(3)  The reasonable period of time for recoupment of acquired critical skills must be determined on the basis of needs identified in each student's IEP. If the loss of acquired critical skills would be particularly severe or substantial, or if such loss results, or reasonably may be expected to result, in immediate physical harm to the student or to others, ESY services may be justified without consideration of the period of time for recoupment of such skills. In any case, the period of time for recoupment must not exceed eight weeks. 
. . . 


Last Amended:  January 1, 2015, 39 TexReg 10446  
Entered: Jan. 19, 2015

Last Amended: June 7, 2022, 47 TexReg3248

Entered: June 9, 2022

Extended School Year Services for Students with Disabilities (TEA)

Alamo Heights v. State Board of Education, 790 F.2d 1153 (5th Cir. 1986)

OSEP Letter to Kleczka (September 29, 1998)