Yes, ESY Regulations Vary by State. Find Yours Here.
Navigating the maze of Extended School Year (ESY) services can feel like trying to assemble IKEA furniture without the instructions—frustrating and confusing. While the Individuals with Disabilities Education Act (IDEA) provides a federal framework for ESY, each state adds its own twist, making it crucial to understand your state’s specific regulations.
To save you from endless Google searches, I’ve compiled a comprehensive guide to ESY regulations for all 50 states. This resource breaks down each state’s unique approach to ESY and provides direct links to the relevant legal codes.
This is a list of the 50 states and their specific ESY regulations. If you want more information about ESY as pertains to IDEA…..and advocating for ESY, go to this link: A Parent’s Guide to IEP Extended School Year (ESY)
Resource: IEP Laws and IDEA Regulations, Explained: IDEA Laws for all 50 States
In my experience, government webpages at all levels are terrible at staying current with redirects. If they redo or rewrite a page, they often just publish the new page and let the old link go dead. It’s incredibly frustrating for sites like mine, who want to maintain current information
Anyway, that’s why I added the code names and numbers–so that if you find a dead link, it should be easier to find online.
Alabama: Alabama mandates that ESY services be considered annually by the IEP team. Decisions are based on whether the interruption of services would deny a child a Free Appropriate Public Education (FAPE).
Code to Google: Alabama Administrative Code 290-8-9-.05(9)
Link: Alabama ESY Regulations
Alaska: Alaska requires that ESY services be considered for all children with disabilities. The IEP team must determine the necessity based on individual needs, focusing on preventing significant regression.
Code to Google: 4 AAC 52.144
Link: Alaska ESY Regulations Legal Information Institute
Arizona: Arizona requires that ESY eligibility be determined no later than 45 calendar days before the end of the school year. The state provides specific criteria for eligibility.
Code to Google: Arizona Administrative Code R7-2-408
Link: Arizona ESY Regulations
Arkansas: Arkansas defines ESY services in its regulations and emphasizes that decisions must be individualized, based on the student’s needs.
Code to Google: Arkansas Department of Education 005.18.2-2.27
Link: Arkansas ESY Regulations
California: California stipulates that ESY services must be provided for individuals with exceptional needs who require special education and related services in excess of the regular academic year.
Code to Google: California Code of Regulations Title 5, Section 3043
Link: California ESY Regulations
Colorado: Colorado’s guidelines focus on the legal requirements for ESY services, emphasizing that decisions must be made based on individual student needs.
Code to Google: Colorado Code of Regulations 1 CCR 301-8
Link: Colorado ESY Guidelines
Connecticut: Connecticut requires that the need for ESY services be reviewed annually by the Planning and Placement Team (PPT), considering both regression and non-regression criteria.
Code to Google: Connecticut IEP Manual Section 9
Link: Connecticut ESY Services
Delaware: Delaware’s regulations state that ESY services are based on needs and goals found within the child’s IEP, with consideration for rare and unusual extenuating circumstances.
Code to Google: Delaware Administrative Code Title 14, 923.6.0
Link: Delaware ESY Regulations
Florida: Florida emphasizes that ESY services are necessary to provide FAPE and must be provided in conformity with the child’s IEP.
Code to Google: Florida Department of Education ESY Guidelines
Link: Florida ESY Guidelines
Georgia: Georgia requires that each Local Education Agency (LEA) ensures ESY services are available as necessary to provide FAPE, with decisions made by the IEP team.
Code to Google: Georgia Rule 160-4-7-.02
Link: Georgia ESY Regulations
Hawaii: Hawaii’s Administrative Rules state that ESY services are provided only if a student’s IEP team determines they are necessary, based on individual needs.
Code to Google: Hawaii Administrative Rules Chapter 60
Link: Hawaii ESY Guidelines
Idaho: Idaho mandates that ESY services be considered annually for all students with an IEP, with decisions based on whether the services are necessary for FAPE.
Code to Google: Idaho Special Education Manual Chapter 5
Link: Idaho ESY Services
Illinois: Illinois provides general information regarding ESY services and assists IEP teams in determining eligibility based on individual student needs.
Code to Google: Illinois Administrative Code Title 23, Part 226
Link: Illinois ESY FAQ
Indiana: Indiana defines ESY services as special education and related services provided beyond the normal school year, in accordance with the student’s IEP.
Code to Google: Indiana Administrative Code 511 IAC 7-32-39
Link: Indiana ESY Regulations
Iowa: Iowa’s regulations require that ESY services be provided if necessary to provide FAPE, with decisions based on individual student needs and data.
Code to Google: Iowa Administrative Code 281-41.106
Link: Iowa ESY Services
Kansas: Kansas mandates that ESY services be provided if the IEP team determines they are necessary for FAPE, with decisions based on individual student needs.
Code to Google: Kansas Special Education Process Handbook
Link: Kansas ESY Guidelines
Kentucky: Kentucky requires that ESY services be provided if the IEP team determines they are necessary for FAPE, with decisions based on individual student needs.
Code to Google: Kentucky Administrative Regulations 707 KAR 1:290
Link: Kentucky ESY Regulations
Louisiana: Louisiana mandates that ESY services be provided if the IEP team determines they are necessary for FAPE, with decisions based on individual student needs.
Code to Google: Louisiana Bulletin 1706, Subpart A, Section 101
Link: Louisiana ESY Guidelines
Maine: Maine requires that ESY services be provided if the IEP team determines they are necessary for FAPE, with decisions based on individual student needs.
Code to Google: Maine Unified Special Education Regulation Chapter 101
Link: Maine ESY Regulations
Maryland: In Maryland, ESY services are determined by the IEP team based on individual student needs. The regulations emphasize that ESY services must be provided if the IEP team determines they are necessary for the provision of a Free Appropriate Public Education (FAPE).
Code to Google: COMAR 13A.05.01.09
Link: Maryland ESY Regulations
Massachusetts: Massachusetts requires that ESY services be provided when the IEP team determines they are necessary for the provision of FAPE. The state’s regulations outline the criteria for determining ESY eligibility.
Code to Google: 603 CMR 28.05(4)(d)
Link: Massachusetts ESY Regulations (Listen, I’m really sorry, but the state of Massachusetts frequently changes their link and doesn’t forward them, which is why this is not updated.)
Michigan: In Michigan, ESY services are provided when the IEP team determines they are necessary for the provision of FAPE. The state emphasizes individualized decisions based on the student’s needs.
Code to Google: Michigan Administrative Rules for Special Education (MARSE) R 340.1721e
Link: Michigan ESY Regulations
Minnesota: Minnesota mandates that ESY services be provided when the IEP team determines they are necessary for the provision of FAPE. The state’s regulations provide guidance on determining eligibility.
Code to Google: Minnesota Rule 3525.0755
Link: Minnesota ESY Regulations
Mississippi: Mississippi requires that ESY services be provided when the IEP team determines they are necessary for the provision of FAPE. The state’s regulations outline the criteria for determining ESY eligibility.
Code to Google: Mississippi Department of Education State Board Policy Chapter 74, Rule 74.19
Link: Mississippi ESY Regulations
Missouri: In Missouri, ESY services are provided when the IEP team determines they are necessary for the provision of FAPE. The state emphasizes individualized decisions based on the student’s needs.
Code to Google: Missouri State Plan for Special Education, Regulation X
Link: Missouri ESY Regulations
Montana: Montana mandates that ESY services be provided when the IEP team determines they are necessary for the provision of FAPE. The state’s regulations provide guidance on determining eligibility.
Code to Google: Administrative Rules of Montana (ARM) 10.16.3508
Link: Montana ESY Regulations
Nebraska: Nebraska requires that ESY services be provided when the IEP team determines they are necessary for the provision of FAPE. The state’s regulations outline the criteria for determining ESY eligibility.
Code to Google: Nebraska Department of Education Rule 51, Section 007.07
Link: Nebraska ESY Regulations
Nevada: In Nevada, ESY services are provided when the IEP team determines they are necessary for the provision of FAPE. The state emphasizes individualized decisions based on the student’s needs.
Code to Google: Nevada Administrative Code (NAC) 388.284
Link: Nevada ESY Regulations
New Hampshire: New Hampshire mandates that ESY services be provided when the IEP team determines they are necessary for the provision of FAPE. The state’s regulations provide guidance on determining eligibility.
Code to Google: New Hampshire Code of Administrative Rules Ed 1109.06
Link: New Hampshire ESY Regulations
New Jersey: New Jersey requires that ESY services be provided when the IEP team determines they are necessary for the provision of FAPE. The state’s regulations outline the criteria for determining ESY eligibility.
Code to Google: New Jersey Administrative Code (N.J.A.C.) 6A:14-4.3(c)
Link: New Jersey ESY Regulations
New Mexico: In New Mexico, ESY services are provided when the IEP team determines they are necessary for the provision of FAPE. The state emphasizes individualized decisions based on the student’s needs.
Code to Google: New Mexico Administrative Code (NMAC) 6.31.2.11(I)
Link: New Mexico ESY Regulations
New York: New York mandates that ESY services be provided when the IEP team determines they are necessary for the provision of FAPE. The state’s regulations provide guidance on determining eligibility.
Code to Google: New York Codes, Rules and Regulations (NYCRR) Title 8, Section 200.6(k)
Link: New York ESY Regulations
North Carolina: North Carolina requires that ESY services be provided when the IEP team determines they are necessary for the provision of FAPE. The state’s regulations outline the criteria for determining ESY eligibility.
Code to Google: North Carolina Policies Governing Services for Children with Disabilities, Section NC 1501-7.1
Link: North Carolina ESY Regulations
North Dakota: In North Dakota, ESY services are provided when the IEP team determines they are necessary for the provision of FAPE. The state emphasizes individualized decisions based on the student’s needs.
Code to Google: North Dakota Administrative Code (NDAC) 67-23-03-05
Link: North Dakota ESY Regulations
Ohio: Ohio mandates that ESY services be provided when the IEP team determines they are necessary for the provision of FAPE. The state’s regulations provide guidance on determining eligibility.
Code to Google: Ohio Administrative Code (OAC) 3301-51-02(G)
Link: Ohio ESY Regulations
Oklahoma: Oklahoma requires that ESY services be provided when the IEP team determines they are necessary for the provision of FAPE. The state’s regulations outline the criteria for determining ESY eligibility.
Code to Google: Oklahoma Administrative Code (OAC) 210:10-13-23
Link: Oklahoma ESY Regulations
Oregon: Oregon’s guidance includes both school-age and early childhood (ages 3–5) services, referred to as Extended Year Services (EYS). The IEP/IFSP team must consider the need for ESY/EYS for each child.
Code to Google: Oregon ESY Guidance
🔗 Making Determinations Related to Extended School Year (ESY) Services or Extended Year Services (EYS) for Early Childhood Special Education
Pennsylvania: Pennsylvania provides detailed criteria for ESY eligibility, including factors like regression, recoupment, and the severity of disability.
Code to Google: 22 Pa. Code §14.132
🔗 Extended School Year Eligibility | Department of Education
Rhode Island: Rhode Island’s ESY eligibility is determined through regression and recoupment analysis, focusing on the severity of academic or functional skill regression.
Code to Google: 200-RICR-20-30-6
🔗 Extended School Year (ESY) – RI Department of Education
South Carolina: South Carolina requires substantial regression and recoupment issues during breaks in the previous IEP year to qualify for ESY services.
Code to Google: SC Policies and Procedures for Special Education
🔗 Final Guidance – Special Education Services – South Carolina
South Dakota: South Dakota’s ESY services are delivered during extended school breaks if there’s a likelihood of significant regression or need to maintain critical life skills.
Code to Google: South Dakota Parent Guide to the Special Education Process
🔗 Parent Guide to the Special Education Process
Tennessee: Tennessee distinguishes between ESY, compensatory education, and summer learning programs. The state’s guidance emphasizes individualized planning to address student needs and leveraging data for decision-making.
Code to Google: Tennessee ESY Guidance
🔗 Addressing Learning Loss Through Extended School Year Services
Texas: Texas requires that ESY services be provided only if the ARD committee determines and documents in the IEP that, in one or more critical areas addressed in the current IEP goals and objectives, the student has exhibited, or reasonably may be expected to exhibit, significant regression during an interruption in services.
Code to Google: 19 TAC §89.1065
🔗 Considerations for Extended School Year and Compensatory Services (sorry, they keep letting the link go bad with no redirects)
Utah: Utah’s regulations stipulate that ESY services must meet the standards of Part B of the Individuals with Disabilities Education Act (IDEA). The state emphasizes that ESY services should be determined on an individual basis as a component of FAPE.
Code to Google: R277-751
🔗 R277-751. Special Education Extended School Year (ESY)
Vermont: Vermont requires that ESY services be provided when the IEP team determines they are necessary for the provision of FAPE. The state’s regulations outline the criteria for determining ESY eligibility.
Code to Google: Vermont Special Education ESY
🔗 Extended School Year Services and In-Person Services
Virginia: Virginia mandates that ESY services be provided when the IEP team determines they are necessary for the provision of FAPE. The state’s regulations provide guidance on determining eligibility.
Code to Google: 8VAC20-81-100
🔗 8VAC20-81-100. Free appropriate public education.
Washington: Washington requires that ESY services be provided only if the student’s IEP team determines on an individual basis that the services are necessary for the provision of FAPE.
Code to Google: WAC 392-172A-02020
🔗 WAC 392-172A-02020: – | WA.gov
West Virginia: West Virginia’s regulations for ESY services are outlined in the state’s Procedures Manual for the Education of Students with Exceptionalities. The manual provides guidance on determining ESY eligibility and service provision.
Code to Google: West Virginia Policy 2419
🔗 TITLE 126 – sos.wv.gov – West Virginia
Wisconsin: Wisconsin mandates that ESY services be provided only if a child’s IEP team determines, on an individual basis, that the services are necessary for providing FAPE to the child.
Code to Google: Wisconsin DPI Bulletin 10.02
🔗 Information Update Bulletin 10.02 | Wisconsin Department of Public Instruction
Wyoming: Wyoming’s regulations specify that ESY services can be added through an amendment to the IEP and must be determined on an individual basis as a component of FAPE.
Code to Google: Wyoming Chapter 7, Section 5(c)
🔗 Keys to Effective Parent Participation in Special Education Process (sorry! This one has been removed by the state of Wyoming website, and I can’t find the update)
Let me know if you need any further assistance or information!