ESY is the provision of services, during the summer months, to a child who is eligible for special education and related services.
If your child's IEP team determines that ESY services are necessary for the provision of FAPE, then these services must be provided. The school district cannot get out of this responsibility by claiming that no such services are available; by claiming that only certain categories of disability are provided with services; or, by unilaterally limiting the type, amount or duation of those services.
At the very least, the appropriateness of ESY services should be discussed by the IEP team. For more information of what should be discussed at the IEP meeting and what the meeting agenda should look like, click here.