If your child has an Individualized Education Program (IEP) in a New York City public school, summer is not automatically a break from services. For students who qualify, special education programs and related services continue through July and August under what New York State calls an Extended School Year (ESY) — sometimes called “12-month” or “two-month” services. The decision about whether your child gets ESY is made by your Committee on Special Education (CSE), and it is made one student at a time, every year. If you are heading into a June IEP meeting, this is the season to make sure ESY is on the table.

Here is exactly what ESY is, who qualifies, what the law actually requires, and what you should do right now to protect your child’s summer services.

What Extended School Year (ESY) actually is

ESY is special education programming delivered on a year-round basis — meaning it continues into the summer — for students whose disabilities require a structured learning environment of up to 12 months to prevent substantial regression. That last phrase is the whole ballgame, and New York State defines it precisely.

According to the New York State Education Department (NYSED), substantial regression means “a student’s inability to maintain developmental levels due to a loss of skill or knowledge during the months of July and August of such severity as to require an inordinate period of review at the beginning of the school year to reestablish and maintain IEP goals and objectives mastered at the end of the previous school year.”

In plain terms: if your child would lose so much ground over the summer that it would take an unreasonably long time to recover it in the fall, ESY exists to prevent that loss. It is not summer enrichment, and it is not summer camp — it is a continuation of the special education your child’s IEP already calls for.

Who qualifies for ESY in NYC

The CSE (or, for preschoolers, the Committee on Preschool Special Education, or CPSE) must consider every student with an IEP for ESY, but the law specifically directs that certain students must be considered to prevent substantial regression. Under the Regulations of the Commissioner of Education, those include students:

• Whose management needs are highly intensive, requiring a high degree of individualized attention and intervention, and who are placed in special classes;
• With severe multiple disabilities whose programs consist primarily of habilitation and treatment and who are placed in special classes;
• Recommended for home and/or hospital instruction whose needs are highly intensive, or who have severe multiple disabilities requiring primarily habilitation and treatment;
• Whose needs are so severe they can be met only in a seven-day residential program; or
• Receiving other special education services who, because of their disabilities, show the need for a 12-month program in a structured setting to prevent substantial regression.

That last category is broad and important: a student does not have to be in the most intensive placement to qualify. The test is whether a 12-month program is needed to prevent substantial regression, and that is a judgment the CSE makes using your child’s individual data.

How “regression” is measured

One of the most useful things for parents to understand is how the state frames the regression standard, because it gives you concrete language to use in a meeting.

NYSED’s guidance notes that the typical period of review or reteaching at the start of the school year — for any student who didn’t have summer services — runs between 20 and 40 school days. As a guideline for ESY eligibility, “a review period of eight weeks or more upon return to school would indicate that substantial regression has occurred.”

Crucially, the state is explicit that your child does not have to actually demonstrate eight weeks of regression to qualify. The standard is preventive: the CSE decides whether an ESY program is required to prevent substantial regression, and regression data can be collected at any point during the ten-month school year and reported to the CSE for that purpose. So if your child has a documented pattern of losing skills after breaks — winter recess, a long weekend, even between therapy sessions — that pattern is relevant evidence to bring to the table.

What ESY services can look like

ESY is not one-size-fits-all. The IEP written for the summer can differ from the ten-month IEP and should focus on the specific areas where your child is at risk of regression. Depending on need, a CSE may recommend any of the following for a school-age student:

• Related services only (such as speech, occupational, or physical therapy) at a site the CSE determines — which can include an approved summer program, a recreational program, or the student’s home;
• Specialized instruction from a certified special education teacher (for example, through consultant teacher or resource room services), combined with related services as appropriate;
• Full-day or half-day instruction in a special class, which may include related services; or
• Integrated co-teaching services, the same model used during the school year, with both a special education and a general education teacher.

State rules also set minimum daily hours for special-class ESY programs: not less than five hours of instruction for students in the kindergarten-through-grade-6 age range, and not less than 5½ hours for those in the grade 7-through-12 age range (half-day programs run not less than 2½ and 3 hours respectively). Programs consisting solely of related services follow the frequency and duration written in the IEP.

Step-by-Step: Securing ESY for your child

1. Raise ESY at the annual IEP review. ESY must be considered every year. Don’t assume it carries over — and don’t wait for the school to bring it up. If your meeting is happening this June, put it on the agenda.
2. Bring regression evidence. Gather examples of skill loss after breaks: progress monitoring data, therapist notes, report cards, or your own observations after winter and spring recess. You are helping the CSE document the risk of substantial regression.
3. Ask for the recommendation in writing. If the CSE recommends ESY, it should be reflected on the IEP, including the specific services, frequency, and duration for July and August.
4. Confirm the program and dates. Once eligibility is set, confirm the assigned summer program, location, and exact start/end dates with your CSE and on the official NYC Public Schools ESY page. Get the dates in writing before the school year ends.
5. If you disagree, you have options. If the CSE declines ESY and you believe your child needs it, you can request that the team reconvene, and New York families retain due-process rights, including mediation and impartial hearings, through the DOE.

Where to get help and confirm details

Because borough and district contacts and the exact summer calendar are set locally and updated each year, the safest move is to go straight to the official sources rather than rely on last year’s information:

• NYC Public Schools — Special Education: schools.nyc.gov/learning/special-education — the hub for IEP rights, services, and the Committees on Special Education.
• NYC Public Schools — Extended School Year Services: the official ESY page for July and August services and current-year details.
• Find and contact your CSE: Committees on Special Education.
• NYSED Office of Special Education: for state-level ESY questions, (518) 473-4818 or speced@nysed.gov.

If you’re still mapping out your child’s special education rights more broadly, our guide to NYC special education rights, IEPs, and 504 plans walks through the full process. And if you’re weighing summer options outside of ESY, see our rundown of free after-school and enrichment programs across NYC.

Frequently Asked Questions

Do I have to apply separately for Extended School Year services?

No. ESY eligibility is decided by your Committee on Special Education as part of the IEP process, not through a separate application. The CSE must consider ESY annually and on an individual basis. (Some students who qualify for ESY may also opt into extended-day enrichment, which can involve a separate sign-up — confirm that with your CSE and on the official NYC ESY page.)

Does my child have to fail or lose skills before qualifying for ESY?

No. New York State is explicit that a student does not have to demonstrate eight weeks of regression to qualify. The standard is preventive — the CSE decides whether ESY is needed to prevent substantial regression, using data collected during the school year.

How long does an ESY program run?

State rules require an approved special-class ESY program to operate for at least 30 days, five days a week, during July and August. Programs made up only of related services follow the frequency and duration written in the student’s IEP. Confirm your child’s exact dates with your CSE.

Is ESY the same as summer camp or summer enrichment?

No. Camping and recreational programs are not special education ESY programs. ESY is a continuation of the special education and related services in your child’s IEP, provided at no cost to families for eligible students.

What if the CSE says no and I disagree?

You can ask the team to reconvene and review additional regression evidence. New York families also have due-process rights, including mediation and impartial hearings through the DOE, if a disagreement can’t be resolved at the team level.

Program calendars, placements, and local contacts are set by NYC Public Schools and can change year to year. Always confirm current details with your Committee on Special Education and on the official NYC Public Schools special education pages before making plans.

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