Indiana Extended School Year (ESY): When Your Child Is Entitled to Summer Services

Every spring, Case Conference Committees across Indiana make a decision that many parents do not know they can challenge: whether a child with an IEP will receive services during the summer. For many students with disabilities, summer regression — the loss of skills during an extended break — is real, measurable, and harmful. When that regression is severe enough, Indiana law requires the school to provide Extended School Year (ESY) services at no cost to the family.

The problem is that ESY is routinely denied, underprovided, or never raised by the district at all. Understanding the legal standard, how to make the case, and what to do when the school says no is essential knowledge for any Indiana parent heading into spring IEP season.

What ESY Is and Is Not

Extended School Year services are special education and related services provided beyond the normal school year when the CCC determines they are necessary to provide FAPE. The requirement in Indiana is codified at 511 IAC 7-32-39.

ESY is not:

• A summer school program that all students can attend
• Daycare or childcare
• Required simply because a child has a disability
• Limited to a specific setting or curriculum format

ESY is individually determined. The CCC must evaluate each student's specific circumstances and determine whether services beyond the normal school year are necessary for that student. Blanket district policies — "we only provide ESY for students with autism" or "our ESY program runs for six weeks and that's the only option" — are not compliant with Article 7. Every child is entitled to an individualized determination.

The Legal Standard: Regression and Recoupment

Indiana's ESY standard centers on regression and recoupment. The CCC must provide ESY services if it determines they are necessary to prevent severe regression of skills that cannot be recouped within a reasonable time during the normal school year.

Breaking that down:

Regression means the loss or deterioration of previously acquired skills during the break. Not all regression triggers ESY — the question is whether it is severe.

Recoupment refers to how long it takes the student to regain lost skills when school resumes. If a student loses six weeks of progress during a summer break and needs twelve weeks to fully recover it, the regression is significant and recoupment is slow. If regression is minimal and the student bounces back within a week, ESY is probably not warranted.

The CCC must make this determination based on data, not guesswork. Relevant data includes:

• Progress monitoring data from the current school year showing rates of skill acquisition
• Teacher and therapist reports documenting previous summer regression (if the child has been in the system before)
• Data from previous school years showing how quickly the child recouped skills after breaks
• Reports from parents documenting what they observe at home during school breaks
• Any medical or clinical documentation about the child's disability and its relationship to skill retention over time

If the district is making an ESY determination without reviewing any of this data, the process is inadequate.

How to Request ESY

ESY eligibility must be discussed at the annual CCC meeting — or earlier if you request it. You do not need to wait for the district to raise the issue. If you believe your child needs summer services, put your request in writing before the spring CCC meeting.

Your written request should:

• State that you are requesting the CCC consider ESY eligibility under 511 IAC 7-32-39
• Describe the regression you have observed during previous school breaks or on weekends
• Reference any data that supports a regression concern (benchmark scores, OT or speech progress notes, your own observations)
• Request that the CCC document its ESY determination in the IEP

If you are making the ESY request for the first time and do not have historical data, begin documenting now. Keep a log over winter break and spring break of what skills your child loses and how long it takes to recover them. That documentation becomes your evidence at the spring CCC.

When the District Denies ESY

If the CCC determines your child is not eligible for ESY and you disagree, you are entitled to Prior Written Notice explaining the basis for the denial — what data they considered and why they concluded regression and recoupment concerns do not meet the standard.

Common grounds for challenging an ESY denial:

No individualized data review. If the district made a blanket determination without reviewing your child's specific regression history, the process was inadequate.

Incorrect legal standard. Some districts deny ESY using standards that do not appear in Article 7 — for example, requiring that the child "be in danger of not meeting IEP goals" rather than focusing on the regression and recoupment standard.

Inadequate ESY offer. ESY services must be individually designed to address the specific skills at risk of regression. An offer of ESY that provides only academic services when your child's primary regression concern is communication or behavioral regulation skills may not meet the standard.

If the denial stands and you believe it is incorrect, you can file a state complaint through I-CHAMP arguing that the district failed to apply the correct legal standard. You can also request mediation or file for due process.

What ESY Services Actually Look Like

ESY services must be provided in an appropriate setting but do not need to replicate the school year program. ESY might involve:

• A specialized summer program at the school
• Home-based services for students who cannot tolerate summer school settings
• Related services only (speech, OT, or behavioral therapy) if those are the primary areas of regression concern
• Community-based instruction for students whose ESY goals focus on functional daily living skills

The IEP must specify what services will be provided during ESY, at what frequency, and in what setting. A vague commitment to "some ESY services" is not adequate. If the district offers ESY but the offered services do not address the skills most at risk, push back in the CCC meeting and document your objections.

For help preparing for a spring CCC meeting where ESY is on the agenda — including data collection frameworks and language for requesting Prior Written Notice on an ESY denial — the Indiana IEP & 504 Advocacy Playbook provides Indiana-specific guidance and templates.

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