Extended School Year in Oregon: ESY Eligibility and How to Request It

Summer break is not a right the school district gets to take unilaterally — not when your child's IEP requires it. Extended School Year (ESY) services exist precisely because some students with disabilities lose critical skills during long breaks and cannot recoup them quickly enough when school resumes. If your child qualifies, the district must provide ESY at no cost to your family. But the determination process is one where Oregon districts routinely underdeliver.

What ESY Is and What It Is Not

ESY is not summer school. It is not enrichment. It is a continuation of specially designed instruction and related services that is required under your child's IEP when the IEP team determines that the student needs them to receive a Free Appropriate Public Education (FAPE).

The distinction matters because districts sometimes offer generic summer programs and try to count them as ESY compliance. Those programs do not count unless they are explicitly tied to the child's IEP goals and delivered by qualified staff with fidelity to the student's specially designed instruction.

ESY services are governed by the IDEA and implemented in Oregon under OAR 581-015. The timing, format, and type of services are all IEP team decisions — not a district-wide policy applied uniformly to all students.

The Two Main Standards for ESY Eligibility in Oregon

Oregon uses two primary frameworks to determine whether a student qualifies for ESY:

1. Regression/Recoupment

This is the most commonly used standard. If a student regresses in critical skills during a break (for example, over winter break or a long weekend) and takes longer than a typical peer to recoup those skills, this pattern suggests the student will experience meaningful regression over the summer without services.

The key word is "critical." Minor skill loss that quickly returns is not the standard. The question is whether the regression is severe enough to prevent the student from benefiting from their special education program in the fall, and whether recouping the lost ground takes an unreasonably long time.

To support an ESY determination, you need documentation. Regression data should come from teacher notes, progress monitoring graphs, OT/PT/SLP session logs, and your own observations at home. Data across multiple breaks (winter, spring) is more persuasive than data from a single incident.

2. Emerging or Critical Skills

Some students do not need ESY because they regress, but because they are on the verge of achieving a breakthrough skill — one that, if interrupted, may not be reached again within a reasonable timeframe. Oregon recognizes this "emerging skills" rationale for ESY.

Examples include a student with autism who is beginning to use functional communication for the first time, or a student with cerebral palsy who is just beginning to achieve transfer skills. A 10-week summer gap at this exact developmental moment can functionally set the student back months or years.

When Districts Deny ESY

Districts deny ESY for several reasons, some legitimate and some not. Common illegitimate reasons include:

• "We don't have ESY programs available" — availability is not a legal standard; if the student qualifies, the district must arrange services
• "ESY is only for severe disabilities" — the law imposes no such restriction; any IDEA-eligible student can qualify
• "The parents haven't shown enough data" — the burden of initial assessment and data collection belongs to the district, not the parent
• Blanket district policies that cap ESY at specific hours or formats regardless of individual student need — these are illegal; ESY is an individualized determination

If the district denies ESY, they must provide Prior Written Notice (PWN) under OAR 581-015-2310 that documents why, what data they relied on, and what alternatives they considered. If you don't receive PWN, request it in writing immediately.

How to Make the ESY Case at the IEP Meeting

The ESY determination should happen at the annual IEP meeting, though it can also be addressed in a separate IEP meeting convened for this purpose. Before the meeting:

• Gather regression data from teachers, therapists, and your own home observations across multiple breaks
• Ask teachers and therapists to provide their professional opinion on ESY eligibility in writing before the meeting — these are required IEP team members whose input must be documented
• Review prior-year data on how long it took your child to reach their fall baseline after previous breaks

At the meeting, the team must consider whether the student needs ESY and document the determination. If the team agrees ESY is needed, the IEP must specify the services, dates, location, and frequency — not just say "ESY as appropriate."

If you believe ESY is warranted but the district disagrees, state your disagreement and request PWN. Then consider filing a state complaint under OAR 581-015-2030 if the district's rationale is unsupported by the data or violates the legal standard.

Getting the right outcome on ESY often requires knowing which arguments carry weight and having the right documentation in place before you walk into the meeting. The Oregon IEP & 504 Advocacy Playbook covers ESY advocacy in the context of Oregon's specific rules and the data documentation that makes a denial hard to defend.

ESY Services in Practice

ESY services look different depending on the student. Common forms include:

• Direct speech-language therapy sessions during summer
• ABA therapy or behavioral support during a partial school-day program
• Occupational or physical therapy for students at risk of motor regression
• Academic instruction in specific areas tied to IEP goals (reading decoding, math fluency, functional life skills)

Services can be delivered at school, in a community setting, or through an ESD program. In rural districts, ESDs often coordinate ESY programs across small component districts to pool resources. If your district uses an ESD for ESY, the same IEP rights apply — the program must be individually appropriate, not just the closest available option.

What to Do If the District Ignores ESY Entirely

Some districts simply fail to raise ESY at the annual IEP meeting. This is itself a procedural concern. If the team did not discuss ESY at all, you can:

1. Send a written request for an IEP meeting specifically to address ESY, citing the child's regression data
2. Ask the district for documentation of whether an ESY determination was made at the annual review
3. If ESY was never considered and your child clearly qualifies, include this in a state complaint

The 60-day window after the school year ends is not a reason to wait. ESY planning should happen in early spring so services can begin promptly in summer.

The Oregon IEP & 504 Advocacy Playbook includes specific guidance for requesting ESY and responding when the district either ignores it or denies it without adequate justification.

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