Special Education

Questions and Answers on Individualized Education Program (IEP) Development, The State's Model IEP Form and Related Documents

12-Month Programs/Services- Updated April 2011

The following questions and answers address some of the important issues raised by requests for clarification of the federal and State requirements for IEPs.  This document will periodically be updated.  This guidance does not impose any requirements beyond those required under applicable law and regulations.  This document supersedes any previously issued guidance on this topic.

If you have questions regarding the IEP form and related requirements, you may submit them to the following mailbox: SEFORMS@nysed.gov.

  1. An IEP developed for July and August may differ from the IEP developed for the school year program.  Most often services in July and August focus on annual goals from the previous school year, but there are times when a new annual goal needs to be written related for the area of concern or regression but is not articulated in the previous annual goal.  Where and how would they be written?  Can we have goals for just for July and August?
    If the Committee determines that a student needs a new annual goal to be addressed during July and August, then the Committee must revise the student’s IEP accordingly.  Annual goals should be documented in the IEP under the section Measurable Annual Goals.  If the Committee has selected specific goals to be addressed during the July/August program, then the section of the IEP for 12-Month Service and/or Program could add clarification as to the goals to be addressed through the recommended services.
12-Month Service and/or Program – Student is eligible to receive special education services and/or program during July/August:   No   X Yes
If yes: 
Student will receive the same special education program/services as recommended above.
X Student will receive the following special education program/services:
Special Education Program/Services Service Delivery Recommendations Frequency Duration Location Projected Beginning/ Service Date(s)
Speech and Language Therapy To address annual goals relating to expressive language and social communication 2 times/week 30 minutes July 3- August 13
Name of school/agency provider of services during July and August:  XYZ BOCES
For a preschool student, reason(s) the child requires services during July and August: 
  1. Must the IEP indicate the projected beginning service date for extended school year (ESY) services when those services remain exactly the same as for the 10 month program? 
    No.  For a student recommended for the same special education program and/or service during July and August as the rest of the year, the beginning service date would already be documented on the Recommended Special Education Programs and Services chart that precedes the 12-month Service and/or Program chart.
  2. Under 12 month services/programs:  "For preschool student, reason(s) the child requires services during July and August."  What about school-age students?  Why does the form ask for preschool students to state the reason for 12-month services?
    Section 4410(5)(h) of Education Law and section 200.16(e)(4) of the Regulations of the Commissioner of Education require the IEP of a preschool student to include in its recommendation for services during the months of July and August a statement of the reasons for such recommendation.  There is no comparable State law and/or regulation relating to recommendations for July/August services for a school-age student.  However, the reasons for the recommendation for July/August services would need to be provided to the parent in prior written notice.
  3. For parentally-placed students who qualify for ESY, there is a need for an individualized education services program (IESP) for the school year and an IEP for the ESY programming.  Do we continue to do a 10-month IESP and a 6-week IEP for parentally-placed private school students?  Is this still the case?
  4. Is there a difference in 12-month programming vs. ESY?
    Twelve-month special service and/or program means a special education service and/or program provided on a year-round basis for students determined to be eligible in accordance with sections 200.6(k)(1) and 200.16(i)(3)(v) of the Regulations of the Commissioner of Education whose disabilities require a structured learning environment of up to 12 months duration to prevent substantial regression.  A special service and/or program must operate for at least 30 school days during the months of July and August, inclusive of legal holidays, except that a program consisting solely of related service(s) must be provided with the frequency and duration specified in the student's IEP.
    The terms ‘twelve-month special service and/or program’ and ‘extended school year (ESY)’ have the same meaning.
  5. When a student is in Special Class for a particular subject, how is that indicated in the IEP? For example, if the student has Special Class for Math and another Special Class for English, how would that be displayed in the IEP?
    For a student who is recommended for special class for a portion of the school day and only for specific subjects, the IEP should list them separately.  The chart below demonstrates how such recommendations would appear on the State’s model IEP form.
    Special Education Program/Services Service Delivery Recommendations Frequency
    How often provided
    Length of session
    Where service will be provided
    Projected Beginning/ Service Date(s)
    Special Education Program: Special Class - Math Special Class - English Class size: 12:1+1 Class Size:  12:1+1 5 days/week 5 days/week 40 minutes 40 minutes Separate class Separate class 9/7/10 9/7/10
  1. If a student has an amendment/program review in September or later, (after the summer services have ended), should the IEP print the ended 12-month services in the IEP? (Added 4/11)
    The school year begins on July 1.  For an IEP developed for a student needing July/August services that is later revised, the IEP should continue to include recommendations developed for July/August, even if those services have been completed since that is the IEP to be in effect for that school year.  If the revised IEP recommends discontinuation of a student’s eligibility for 12-month services for the next school year, this recommendation would be included in the IEP to be in effect for the next July and August.
  2. For those districts that maintain an Anniversary Date IEP for students:
    If the student is newly eligible for special education services when he/she is initially classified in November 2010 and his/her IEP begins 11/22/10 and ends 11/21/11, what should the district enter for the extended school year (ESY) eligibility section? (Added 4/11)

    When developing an IEP to be in effect from November 2010 to November 2011, the Committee would need to discuss and document in the IEP the Committee’s recommendations relating to the student’s eligibility for July/August programs for the summer of 2011.
    If the student is ESY eligible, but the district cannot determine who the specific providers will be for summer 2011, what should the district enter? (Added 4/11)
    The district must identify the provider of July/August services in the student’s IEP.  If the provider is unknown at the time the initial IEP is developed, the IEP could indicate “to be determined” but the Committee must reconvene to make a provider recommendation prior to the initiation of the July/August program and the student’s parents must receive prior written notice of the IEP recommendation.
  3. A CPSE-level child is receiving services in July and August for ESY needs, yet he/she will be transitioning to CSE in September.  How should that be noted on the IEP form?  Is the date of initiation for CSE services July or September?  What should be the initiation date for CSE-level IEP? (Added 4/11)
    A student is considered a preschool student through the month of August of the school year in which he/she first becomes eligible to attend school. The IEP developed by the CPSE addresses the student’s needs for July and August, prior to the date the child is eligible to start school in September. A preschool child receiving July and August services through the CPSE, who is eligible to attend school in September of the same year, would transition to the CSE in September.  The CSE must meet to determine continued eligibility for special education services and develop a new IEP for school-age special education services for the student, if appropriate.  The projected date of initiation of any school-age special education services is determined by the CSE.
  4. The IEP requires a "Yes" or "No" response to the question of eligibility for ESY.  This determination is most often made at a meeting held in the spring, which allows for careful review and consideration of the student's potential for substantial regression based on performance throughout the school year. For CSE meetings held earlier in the school year (e.g., for a newly referred student or a reevaluation), it would be more appropriate to have an alternative to the "Yes/No" response indicating that the determination of ESY would be made at the next annual review meeting.  Can such an option be added? (Added 4/11)
    While it is not necessary to add information to the IEP form for this purpose, prior written notice to the parent must include the Committee’s recommendation to defer its determination of ESY eligibility until the annual review prior to the July/August program. However, for a newly referred student, for example, where the Committee needs additional time and student progress information to determine the student’s need for 12-month special education services, it would be acceptable, as determined on a case-by-case basis, for the school district to add a text field to the State’s form in this section of the IEP for clarifying statements such as the one indicated above.  In this case, the projected date the Committee would meet to make the determination should be indicated in this IEP.
  5. The IEP requires a notation as to whether a student who is eligible for ESY will receive the same programs/services as that provided during the school year. If so, the CSE simply checks the corresponding box and is relieved of having to specify the ESY program/services. Can it be eliminated so that the CSEs would list all ESY programs/services, whether or not they are the same as those provided during the school year? (Added 4/11)
    No.  The State’s form may not be modified to eliminate this section.
Last Updated: April 18, 2011