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Christopher Suriano
Application Procedures for July/August Extended School Year Special Education Programs Pursuant to Section 4408 of the Education Law
February 1, 2017

ESY Applications

The purpose of this memorandum is to provide information on the application process for Extended School Year (ESY) Special Education Programs. Applications to operate a new ESY program or to modify a currently approved program are due not later than June 1, 2017.

Initial Application

New applications are only required if the agency is not currently approved to operate an ESY program of any type (i.e., specialized instruction, related services, or special class program).

Modification Applications

You must submit a modification application if you are currently approved to operate a Special Education Summer ESY Program and you propose to modify your approval in any of the following areas:

  • Add a new full-day or half-day Special Class Program (9000 or 9010);
  • Add a new full-day or half-day Integrated ESY Special Class (9050 or 9055);
  • Modify your currently approved special class program to:
  • modify the class size (i.e., student to staff) ratio;
  • add a new class ratio;
  • change the operating hours (e.g., from full day to half day or half day to full day)
  • Establish a new 9015 Specialized Instruction and/or Related Service Program (9015-A, 9015-B, 9015-C and/or 9015-D)

If you are increasing or decreasing the number of classes at the currently approved staff/student ratio, you do not need to complete a modification application.

Due Date

The deadline for submission of any new program application and/or any application for a program modification is June 1, 2017.  Any application received after that date will not be accepted.  To be eligible for reimbursement of public funds, prior approval by the New York State Education Department (NYSED) is required for any new program or any program modification specified on the application.

Operation of Approved Programs

All providers are reminded that they can only provide ESY services consistent with their approval from NYSED.  The System to Track and Account for Children (STAC) reimbursement records for students will not be processed if the services provided are not consistent with individualized education program (IEP) recommendations and the conditions of NYSED approval.

Program Operation

For any public school ESY program that has not submitted STAC reimbursement records showing that the program has operated for three or more years, NYSED will remove program code(s) from the rate setting records.  This update to our records does not remove the program’s approval to operate an ESY program.  However, the district/BOCES would need to inform the Rate Setting Unit (via the email address if it reinitiates operations in order for the district to receive reimbursement for the program(s).

Initial and Modification Applications must be submitted to the following address:

New York State Education Department
Office of Special Education
89 Washington Avenue
Room 309, Education Building
Albany, NY 12234

Attention: Section 4408 J/A Extended School Year Application Review

If you have any questions regarding this memorandum, you may contact Linda Keech in the Office of Special Education at (518) 473-0170.  For questions regarding reimbursement policy, please contact the STAC and Medicaid Unit at  Questions regarding ESY rates should be directed to the Rate Setting Unit at (518) 474-3227.  Questions regarding your individual programs may be directed to the Special Education Quality Assurance Regional Offices:

Western Regional Office (585) 344-2002
Central (Syracuse) Regional Office (315) 428-4556
Eastern (Albany) Regional Office (518) 486-6366
Hudson Valley Regional Office (518) 473-1185
New York City Regional Office (718) 722-4544
Long Island Regional Office (631) 952-3352

For information on this new ESY program model, see Questions and Answers #16-18 in the Questions and Answers document.