Will an Extended School Year or Extended School Day Benefit Your Child?

By Hillary D. Freeman, Esq.

Some students require additional instruction beyond the typical school day or typical school year to make meaningful progress towards their IEP goals. This is referred to as extended school day (“ESD”) and extended school year (“ESY”).

Under the Individuals with Disabilities Education Act ("IDEA"), such services must be provided to a child if it is determined by the IEP team that the services are necessary for the individual.

Regression/Recoupment Analysis: One of the most common factors in determining a child's need for such services is the regression/recoupment analysis. Under this analysis, the amount of regression a student will experience if there is an interruption in educational services and the amount of time it would take that individual to regain the prior level of skill are considered. If the child will regress during the summer break (or between school days) in academics or skills learned or emerging, or if the child will not be able to recover the skills learned at the level previously demonstrated in enough time and thus prevent further progress, then an ESD and/or ESY should be provided to the child.

There are other factors that should be considered however, in addition to the above analysis. Specifically, these additional factors include:

  • Degree of impairment;
  • Ability to interact with non-disabled children;
  • Child's rate of progress;
  • Vocational needs of the child;
  • Rate of progress;
  • Behavioral and physical needs of the child;
  • Availability of alternative resources;
  • Educational structure provided at home;
  • Whether ESY is an extraordinary service based on the child's specific needs;
  • Areas of the curriculum which need continuous attention; and
  • Whether the child is at a developing state of a skill critical to his or her self-reliance

ESD and ESY services may be provided in a variety of forms. This could include but not be limited to 1:1 tutoring, related therapies, social skills groups, or practicing skills in the home and/or community. Whatever the service may be, it must be provided in accordance with the student’s individualized needs.

Freeman Law Offices, LLC is available to assist you in securing an appropriate IEP for your special needs child. Please call us at (609) 454-5609 or contact us through our website for help.

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