Federal Law - IDEA PART B

MA Regulations 603CMR 28.00 - all sections

Federal Law - Definitions Under IDEA

Massachusetts  Advisories


The information on the following pages emphasizes key points, re-iterates answers to frequently asked questions and explains some of the processes used in Arlington from a parent’s point of view.  You must read the full text of the laws themselves to be fully informed.


Extended School Year Services (ESY)

Read DESE Q&A Guide on Extended Year services here


The law refers to these services as ESY, Arlington Public Schools refers to them as EYS (Extended Year Services) as a point of clarification.  The program of Extended School Year (ESY) as part of the IEP process is not simply an extension of time in school, nor is it required for every student.  The IEP team must consider at least once yearly, as appropriate, whether a child needs extended school year services in order to receive a free appropriate public education (FAPE).

In addition to significant regression and/or limited recoupment, courts have set forth other ESY criteria to be applied by a Team under IDEA.

The 7 legal standard criteria considered for Extended School Year:

  1. the degree of the child's impairment
  2. the parents' ability to provide structure at home
  3. the child's rate of progress
  4. the child's specific behavior and/or physical problems
  5. the availability of alternative resources
  6. the child's ability to interact with non-disabled children
  7. the specific curricular areas in which the child needs continuing attention
  8. the vocational and transition needs of the child
  9. whether the service requested is "extraordinary" rather than usual in consideration of the child's condition.

The school district's program may or may not be appropriate for your child, so be sure you know all the details about your child's individual needs and the program or services proposed.  If your child is eligible for services you have three options:

1. Have your child attend the APS ESY Program

2. Request APS fund an alternate program you believe is more appropriate to your child’s needs.  If APS refuses request a written explanation of their decision.  If you disagree you have the right to request mediation or hearing to argue why the placement is inappropriate and why the alternative you are proposing is necessary.

3. You may self-fund and send your child anywhere you choose.

You should begin considering Extended Year Services (EYS) in January.  If you choose not to participate in the APS program bear in mind, camps for children with special needs often fill very quickly and you need to begin contact early in the year.