How Is ESY Eligibility Determined?  

Every student who is eligible for special education has an IEP that describes the programs and services necessary for the student to receive FAPE. One of the issues discussed and decided upon at the IEP team meeting is whether the student requires ESY services as part of the student’s special education program. ESY must be considered each year for every student with a disability. The IEP team makes its decision about providing ESY services by examining data that has been collected throughout the school year, including before and after scheduled breaks. The team also reviews input provided by teachers, parents, related service providers, or other members of the IEP team. 

There are seven factors that the IEP team must consider in determining if a student is eligible for ESY services. However, no one factor by itself can be used to determine eligibility for ESY services. The child may be eligible by meeting just one of the criteria, but all seven factors must be considered by the IEP team.