LEAs Must Address the Issue of Extended School Year Services (ESY)

Julie Weatherly featured an article in a journal titled In Case, Volume 48, Numbers 4-6; and in Volume 49, Numbers 1-2. The title of the article is Avoiding Legal Disputes in Special Education: 21 Training Points for Administrators. According to Weatherly, "Although many federal courts had recognized entitlement for some students to extended year services prior to 1999, not all of them had done so. However, IDEA regulations specifically provide for the annual consideration of the provisions of ESY services for every student with a disability. Under the regulations, each public agency must ensure that ESY is available as necessary to provide FAPE and that they are provided if a student's IEP team determines, on an individual basis, that the services are necessary for the provision of FAPE to the student." School personnel must gather and maintain appropriate documentation supporting the recommendation for ESY services.