This document is intended to assist IEP teams when it is time to consider ESY eligibility and future discussions of compensatory education. This document is not intended to provide specific guidance for how compensatory education and ESY decisions will be made in this time of COVID-19. This information will be supplemented, updated, and changed if the Office of Special Education Programming (OSEP) releases new information/guidance.

Compensatory Education

It is important to remember that special education and related services support the student’s involvement and participation in general education. Therefore, decisions made regarding the provision of general education will directly impact how compensatory education is determined. Compensatory education determination is completed separately from determination for NDDPI will be issuing further information on compensatory education.

Extended School Year (ESY)

IDEA defines FAPE as special education and related services that are provided at public expense and are provided in conformity with an Individualized Education Program (IEP). Some students with disabilities may not receive FAPE unless they receive needed services during time periods when other students, whether they have a disability or not, normally would not be served. As part of the IEP process, the IEP team must determine if a student requires extended school year (ESY) services in order to receive FAPE.

Certain factors assist in determining whether a student will need ESY services. The factors related to whether the individual may benefit from ESY include:

  • The likelihood of significant regression of previously learned skills during a break in service. Whether there was limited or delayed recoupment of these skills after services begin again.
  • In addition to regression and recoupment, the student’s IEP team must also consider a broad range of relevant factors.

The following questions may assist IEP teams in making the determination whether ESY services are needed for individuals on an IEP.

Question #1

  • Will the learning that occurred during the regular school year be significantly jeopardized if ESY services are not provided?
    • Consider losses in the following: Social, Behavior, Academic, Communication, Self-sufficiency skills
      • Consider multi-factors such as: Degree of regression, Exact time of past regression, Ability of parent to provide ed structure at home, Child’s rate of progress, Child’s behavioral and physical problems, Availability of alternative resources, Child’s Vocational needs, Ability for child to interact with non-disabled peers, Consideration of other events/activities the student may or may not be involved in over extended school breaks.

Question #2

  • What data can be considered to determine the need for ESY services? 
    • Level of progress in current IEP goals and objectives
    • Progress of emerging skills and breakthrough opportunities
      • Observation and input from the IEP team in areas such as:  Performance in the classroom, Community based activities, Recent behavioral and medical concerns

For additional information: