Summer break often feels like a time to hit pause. School’s out, routines shift, and families adjust to a different rhythm.
But one thing that doesn’t take a vacation? The ongoing and unwavering rights and protections provided under disability law.
Suppose your child receives services through an IEP. In that case, if you rely on accommodations under the ADA or are navigating extended school year (ESY) services, it’s essential to understand that disability law doesn’t stop when the school year ends.
The summer months can be a crucial time to ensure ongoing access, equity, and progress.
With the expert guidance of Pinyerd Law, a leading firm specializing in disability law, here’s what you need to know about how disability law applies during summer vacation.
IDEA Still Applies: Your Child’s Rights Don’t Disappear in Summer
The Individuals with Disabilities Education Act (IDEA) ensures that students with disabilities receive a Free Appropriate Public Education (FAPE). That obligation doesn’t pause in the summer.
If a student’s disability is likely to result in significant regression over the break, they may qualify for Extended School Year (ESY) services.
These are special education and related services provided outside of the traditional school year to help students maintain the progress they’ve made.
The key here is that the need for ESY isn’t about boosting achievement; it's about preserving it.
If your child qualifies for ESY, request an IEP meeting early in the year. ESY isn’t automatically provided, and it must be discussed and decided on a case-by-case basis.
Section 504 and the ADA: Equal Access Doesn’t Stop With the School Bell
Disability law under Section 504 of the Rehabilitation Act and the Americans with Disabilities Act (ADA) also remains entirely in effect during the summer.
If your child attends a summer program operated by a public school, a private camp, or a third-party provider using school facilities, those programs must offer reasonable accommodations and ensure equal access.
This means if your child uses assistive technology, has dietary restrictions, or needs extra time or supervision to participate in activities, those accommodations should still be made, just as they would be during the school year.
If a summer program refuses to make reasonable accommodations, it may be in violation of federal law. Don’t hesitate to advocate and, if needed, file a complaint with the Office for Civil Rights (OCR).
Private Camps and Programs: What About Them?
Many families rely on private summer camps and programs to provide care, enrichment, and social development. These programs can be held to different standards, but the ADA still applies to most of them, especially those open to the public.
That means they must provide reasonable accommodations, such as providing a visual schedule, quiet breaks, or mobility support unless doing so would alter the nature of the program or impose an undue burden.
If your child requires a visual schedule, quiet breaks, or mobility support, the camp may need to make adjustments to comply with the law.
Before enrolling, it’s a good idea to talk with staff about your child’s needs and make sure they have a plan in place.
Also, consider putting agreements in writing to help avoid confusion later on.
Planning Ahead Matters: Your Role as an Advocate
Summer support doesn’t happen magically; as a caregiver or advocate, you have the power to plan for it. Your proactive role is essential in ensuring your child's needs are met.
It’s essential to:
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Start conversations about ESY during the IEP review process.
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Research summer programs early and ask questions about their inclusion and accommodations policies.
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Keep documentation of any service refusals or denials.
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Stay informed about your legal rights.
The earlier you prepare, the more smoothly summer can go. By staying proactive, you’re not only helping your child, but you’re also reinforcing their right to equal opportunity.
Disability Rights Are Year-Round Rights
Disability laws in the U.S. are designed to protect access and support in all areas of life every day of the year. They are there to support you and your child, regardless of the season.
Just because the educated calendar ends doesn’t mean those rights do.
Whether it’s through continued learning, accessible recreation, or consistent care, summer should be just as inclusive as the school year.
Summer Break, Not a Break from Support
Summer should be a time for growth, fun, and development, not a season where vital services are overlooked.
By staying informed and advocating early, families can protect their children’s rights, promote ongoing progress, and enjoy a more inclusive summer experience.
Failure to do so could result in your child not receiving the support they need, which could hinder their development and enjoyment of summer activities.
Disability law may not be printed on the camp brochure or summer school flyer, but it’s still there, working for you.
Don’t let the calendar dictate when support begins and ends. If your child needs services to thrive, those protections extend year-round, and you have every right to speak up.
Media Contact
Company Name: Pinyerd Disability Law
Contact Person: David Pinyerd
Email: Send Email
Address:9201 N. Meridian Street, Suite 210
City: Indianapolis
State: IN 46260
Country: United States
Website: https://pinyerdlaw.com/