I see you. It’s March, and if you’re reading this, you’re probably wondering: does my child need summer special education services? Maybe your school mentioned something called “ESY” at your last IEP meeting and you weren’t sure what it meant. Or maybe your child struggles every August after a long break and you’re wondering if there’s something the school is legally required to provide during summer.
I’ve been there. As a teacher, I watched students lose skills over the summer and come back to school behind. As a school administrator, I sat in the meetings where we decided who gets ESY and who doesn’t. And as an advocate, I help families understand that ESY is a right — not a privilege — if your child meets the legal criteria.
The window to request ESY services is closing. In Arizona, schools need time to plan for summer programming, and deadlines are typically in March or April. If you miss it, you’ll miss the summer window entirely. So let’s talk about what ESY really is, how Arizona schools make the decision, and what you need to do right now.
What Is Extended School Year (ESY) Services?
Let me be clear about what ESY is not first: it’s not summer camp, it’s not summer school, and it’s not childcare. Schools often try to blur these lines, especially when budgets are tight.
ESY — Extended School Year services — are special education and related services (like speech therapy, occupational therapy, or behavioral support) provided during the regular school year’s extended periods, typically summer vacation. ESY is part of your child’s IEP. It’s a requirement under federal special education law, IDEA (the Individuals with Disabilities Education Act), and Arizona’s version of that law.
Here’s the key: if your child qualifies, the school must provide ESY at no cost to you. It’s not an extra fee. It’s not optional for the school if the criteria are met.
Arizona’s ESY Eligibility Standard: Regression and Recoupment
In Arizona, the primary standard for ESY eligibility comes down to two concepts: regression and recoupment.
Regression means your child loses skills or progress during extended breaks from school. For example, your child’s speech becomes less clear over the summer. Or a child who was making progress on toilet training regresses during a long break. The question Arizona schools ask: does your child lose significant skills when school is not in session?
Recoupment means: even if your child does regress, can they catch back up quickly once school starts again? Arizona uses both factors together. A child might regress slightly, but if they bounce back within a few weeks of school restarting, the school might argue ESY isn’t necessary.
However — and this is important — regression and recoupment are not the only factors. Arizona recognizes three additional considerations:
Emerging Skills: Is your child on the verge of mastering a critical skill? If a child is very close to being able to read sight words, or almost has a conversation skill, ESY services during the break might be the push needed to cement that skill.
Crucial Skills: Does your child need to practice a skill that is foundational to their safety, independence, or ability to access education? A skill like communicating basic needs, or behavior management skills, or transitions between activities — these are sometimes deemed crucial enough that summer practice through ESY is warranted.
Interfering Behaviors: Does your child have a behavior that interferes significantly with learning? If the behavior is likely to intensify or worsen during an extended break without therapeutic support, ESY may be necessary.
How Schools Make ESY Decisions (What I’ve Seen from the Inside)
I’m going to be direct: schools don’t always apply these criteria evenly. I know this because I’ve been on the school’s side. I’ve heard the budget concerns, the staffing limitations, the push-back on ESY requests.
Here’s what happens in practice: A parent requests ESY. The school gathers data. Then the IEP team meets. And sometimes, the decision is made before the team meeting even starts, based on who’s in the room and what the budget allows.
That doesn’t make it right. But it’s the reality I want you to understand so you can counter it.
Schools are required to base ESY eligibility on objective data about your child, not on the school’s capacity or budget. If your child regresses, that’s measurable. If they have a crucial skill that needs maintenance, that’s documentable. The school can’t hide behind “we don’t have summer programming” or “we don’t have staff.” IDEA requires ESY if the child meets the criteria.
What I’ve noticed schools do well is use data from winter break. Winter break is usually about two weeks, and it’s a real test case. Did your child regress after the winter break? Do you have progress monitoring data before and after that shows loss of skill? That’s gold for an ESY request.
What to Track and Collect Right Now (Before You Request ESY)
If you’re thinking ESY might be needed, start gathering evidence now. Here’s what matters:
Winter Break Data: How did your child perform when they came back to school after winter break versus before? Ask the school for progress monitoring data if they have it. Keep a simple journal at home: what skills did you notice slipping?
Progress Toward IEP Goals: Is your child actually making progress on their IEP goals? If they’re stalled or plateauing, that’s relevant to the regression/recoupment discussion.
Benchmark Assessments: Many schools do benchmark testing. Ask for reports from fall and winter benchmarks. Are the results stable, declining, or improving?
Teacher Observations: Talk to your child’s teacher and service providers (speech therapist, occupational therapist, counselor). Ask directly: “What skills does my child need to practice continuously to maintain them?” Write down their responses.
Your Own Observations: You know your child best. If you notice that over summer breaks, specific skills slide — communication, self-care, behavior — document it. Keep a simple log.
All of this becomes evidence for your ESY request.
How to Request ESY (The Right Way)
Don’t rely on a casual conversation. Don’t assume the school will bring it up. Here’s what you do:
Step 1: Make a written request. Send an email to the school’s special education administrator or your child’s case manager. Keep it simple: “I am requesting an IEP meeting to discuss Extended School Year (ESY) services for my child.” Include the date you’re sending it.
Step 2: Ask for a specific ESY IEP meeting. Don’t wait until the spring annual IEP review. Request a separate meeting specifically to discuss ESY. Schools need time to evaluate whether your child meets the criteria and plan services. Do this in March or early April.
Step 3: Bring your data. Bring the evidence you’ve collected: winter break regression data, progress monitoring reports, teacher input, your own documentation.
Step 4: Come prepared with specific language. You don’t have to know the law inside and out, but knowing the five factors (regression, recoupment, emerging skills, crucial skills, interfering behaviors) helps. You can say: “I’m concerned about regression after the summer break. Here’s data from winter break that shows my child loses skills during extended time away from school.”
Step 5: Request the ESY determination in writing. At the end of the meeting, if the team agrees ESY is appropriate, make sure it’s documented in the IEP. If the team says no, ask for the denial in writing (called Prior Written Notice). You’ll need that document if you want to challenge the decision later.
What If the School Says No?
Schools deny ESY requests. It happens. When it does, you have options:
First, ask why. Get it in writing. The school must provide Prior Written Notice explaining their reasoning. Common reasons (and whether they’re legally valid):
- “We don’t have summer programming available.” NOT a valid reason. IDEA requires ESY services if the child qualifies. The school has to provide them or contract with someone who does.
- “Your child’s data doesn’t show regression.” This is debatable and worth challenging with additional data or an advocate’s input.
- “The regression is minor and the child recouped quickly.” This is a judgment call, but you can push back. “Recoupment” takes time and resources. If your child loses skills and then falls behind during the school year because they’re behind on day one, that’s still a loss.
If you disagree with the denial, you can request an IEP meeting to discuss it further, file a state complaint with the Arizona Department of Education, or pursue mediation. (I cover these options in detail in my other article on what to do when schools deny your requests.)
For now, the point is: don’t accept a no without understanding why.
The Timeline: When to Request, When Services Begin
This is critical and time-sensitive:
- Now (March): Request the ESY meeting.
- March/April: Have the ESY IEP meeting.
- April/May: School plans ESY services and communicates dates/locations to you.
- June/July/Early August: ESY services are provided (i.e., usually in shorter blocks, 3-4 days per week, 3-4 weeks total; a 5-day ‘boot camp’ the week leading up to the start of the school year, etc). Schools can be creative and not solely prescriptive.
If you miss the March/April window, you miss the summer. Some schools might have late requests, but don’t count on it. Plan now.
My Perspective from the School Side
I want to tell you something I learned as a school administrator: ESY denials are often about capacity and budget, not about what the law actually requires. I’ve seen schools deny ESY to save money or because they don’t want the staffing hassle. I’ve also seen schools grant ESY to students who probably didn’t meet the strict criteria because the administrators believed in the value and fought for it.
The difference? Advocacy. Parents who came prepared with data, who understood the legal standard, who pushed back when the initial answer was no — their kids got ESY.
I’m not here to be polite for the sake of being polite. I’m here to make sure your child gets what the law says they’re entitled to receive. If you believe your child needs ESY, request it. Gather the data. And if the school says no without a solid legal reason, challenge it.
What to Do Next
If you think your child might need ESY services:
- Collect winter break data right away. If you haven’t already, reach out to teachers and service providers with specific questions about regression.
- Send a written request for an ESY IEP meeting. Don’t wait for the school to bring it up.
- Gather your evidence: progress monitoring data, benchmark results, teacher input, your own observations.
- Prepare for the meeting. Know the five factors. Know what your child needs. Know that the school’s budget constraints are not a reason to deny ESY.
If the process feels overwhelming, or if the school denies your request and you want to understand your options, I’m here to help. ESY advocacy is something I do regularly, and I understand the stakes. Your child’s summer shouldn’t mean losing the progress you’ve worked so hard to build during the school year.
Let’s Talk
If your child might benefit from ESY services, or if the school has denied your request and you want to explore your options, reach out. I help families navigate ESY decisions and advocate for the services their children need.
Contact me at alison@stoneeac.com or call 480.973.3553.
The window is closing. Let’s make sure your child gets what they need for the summer.