SPECIAL EDUCATION IN NORTH DAKOTA - Extended School Year (ESY) Services Guidelines

Oct 15, 2026

Guidelines for Extended School Year (ESY) services in North Dakota special education outline the legal basis, eligibility questions, and the process used to determine whether a student needs ESY. The document explains how regression and recoupment are evaluated, how frequently a child must be considered, and whether receipt of ESY in one summer affects the next. It also covers how services are determined, where ESY can be provided, related services considerations, transportation, and who may deliver ESY services, including core nondiscrimination statements.

LanguageEnglish

CategoryHealthcare

FormatPDF

Pages27

Reading Time1 h 8 min

AccessFree to download

Introduction

Legal Authority for ESY

Determining Need for ESY

Who is eligible for ESY services?

Who determines the need for ESY services?

What determines the need for ESY services?

What factors should be considered when determining need for ESY services?

How is the need for ESY services measured?

When is regression/recoupment considered severe or significant?

Is the IEP team required to demonstrate regression before ESY services are provided?

How often must a child be considered for ESY?

Does receipt of ESY services one summer assure such services the following summer?

If a child does not meet all of his or her IEP goals during the regular school year, does this mean ESY services are required?

Is the IEP team required to document the justification of the need for ESY services?

Determining Services for ESY

When should the IEP team meet to determine ESY services?

Should new goals and objectives be developed for ESY services?

How does the IEP team determine the amount of ESY services for each child?

How do LRE requirements relate to ESY decisions?

Where can ESY services be provided?

Related Services

Must the IEP team consider the provision of related services as ESY services?

Is transportation provided as part of ESY?

Who can provide ESY services?

Summer School

SPECIAL EDUCATION IN NORTH DAKOTA North Dakota Department of Public Instruction Kirsten Baesler, State Superintendent Office of Special Education 600 E. Boulevard Ave. , Dept. 201 Bismarck ND 58505-0440 701-328-2277 (voice) 701-328-4920 (TDD) 701-328-4149 (Fax) Guidelines: Extended School Year (ESY) Services United States Department of Education, Office of Special Education Programs (OSEP) NOTICE OF NON-DISCRIMINATION NORTH DAKOTA DEPARTMENT OF PUBLIC INSTRUCTION The Department of Public Instruction does not discriminate on the basis of race, color, national origin, sex, disability, or age in its programs and activities. For inquiries regarding nondiscrimination policies, please contact: Lucy Fredericks, Director of Indian/Multicultural Education, Department of Public Instruction, 600 E Boulevard Avenue, Dept 201, Bismarck, ND 58505-0440, 701-328-1718. . “Unless otherwise specified, citations to “section” or “sec.” are citations to federal regulations implementing IDEA found in the Code of Federal Regulations at 34 CFR Part 300, which consists of 34 CFR secs. 300.1 through 300.818 and appendices A through E.” CIVIL RIGHTS STATEMENT: In accordance with all regulations, guidelines and standards adopted by the US Department of Education, the US Department of Agriculture and the ND Human Rights Act, the ND Department of Public Instruction prohibits discrimination on the basis of age, gender, race, color, religion, national origin, status with regard to marriage or public assistance, disability or political beliefs. All divisions of the Department of Public Instruction will insure that no one is denied participation in, or denied the benefits of, or subjected to discrimination under any department program or activity. Equal education opportunity is a priority of the ND Department of Public Instruction. Publication Date: May 2007 Cover artwork: National Dissemination Center for Children with Disabilities (NICHCY) . Updated May 2016. Table of Contents Introduction .................................................................................................................................................. 6 Legal Authority for ESY.............................................................................................................................. 6 Determining Need for ESY ............................................................................................................................ 8 Who is eligible for ESY services? ............................................................................................................... 8 Who determines the need for ESY services? ............................................................................................ 8 What determines the need for ESY services? ........................................................................................... 9 What factors should be considered when determining need for ESY services? ...................................... 9 How is the need for ESY services measured? ......................................................................................... 12 When is regression/ recoupment considered severe or significant? ..................................................... 14 Is the IEP team required to demonstrate regression before ESY services are provided? ...................... 15 How often must a child be considered for ESY? ..................................................................................... 15 Does receipt of ESY services one summer assure such services the following summer? ...................... 15 If a child does not meet all of his or her IEP goals and objectives during the regular school year, does this mean ESY services are required? ..................................................................................................... 15 Is the IEP team required to document the justification of the need for ESY services? .......

FAQs

What legal authority governs Extended School Year (ESY) services?

ESY decisions are tied to federal regulations implementing IDEA, cited in the document as 34 CFR Part 300 and related sections.

How does an IEP team determine whether ESY services are needed?

The IEP team considers what determines the need, factors relevant to the decision, and how need is measured, including whether regression/recoupment is severe or significant.

Does providing ESY in one summer guarantee ESY the following summer?

Receipt of ESY services one summer does not automatically assure ESY services the following summer; the need must be considered as required by the ESY determination process.

Oct 15, 2026

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