Does ESY have to address all of a student’s IEP goals?

Published: June 16th, 2016

Extended school year services are special education and related services that are provided to a child with a disability beyond the normal school year, are in accordance with a child’s IEP, are provided at no cost to the parents, and are in alignment with the standards set by the state education agency (SEA). [34 C.F.R. § 300.106(b)] The regulations that implement the IDEA require IEP teams to determine, on an individual basis, whether ESY services are necessary to provide a FAPE to the child. [34 C.F.R. § 300.106(a)(1)] “The critical question that each IEP team must ask regarding ESY services is whether meaningful progress on critical skills related to IEP goals that occurred during the regular school year will be significantly jeopardized (thus significantly jeopardizing the provision of FAPE) if ESY is not provided.” [Arizona Department of Education, Exceptional Student Services (ESS) AZ-TAS Guidelines for Extended School Year Services, February 2007, pg. 2] A critical skill is defined as an academic, social, functional or behavioral skill that is related to an IEP goal and is critical to the student’s overall school and community functioning. [Id. pg. 5] Not all goals on a student’s IEP are necessarily critical skills. It is incumbent on the IEP team to make “a determination if the student’s IEP contains critical skills that need ESY services in order to ensure [a] FAPE to the student.” [Id. pg. 12]