19 Texas Administrative Code § 89.1065. Extended School Year Services (ESY Services). 

Extended school year (ESY) services are defined as individualized instructional programs beyond the regular school year for eligible students with disabilities. 

. . . 
(4)  A skill is critical when the loss of that skill results, or is reasonably expected to result, in any of the following occurrences during the first eight weeks of the next regular school year: 
(A)  placement in a more restrictive instructional arrangement; 
(B)  significant loss of acquired skills necessary for the student to appropriately progress in the general curriculum; 
(C)  significant loss of self-sufficiency in self-help skill areas as evidenced by an increase in the number of direct service staff and/or amount of time required to provide special education or related services; 
(D)  loss of access to community-based independent living skills instruction or an independent living environment provided by noneducational sources as a result of regression in skills; or 
(E)  loss of access to on-the-job training or productive employment as a result of regression in skills. 
. . . 

Last Amended:  January 1, 2015, 39 TexReg 10446
Entered: Jan. 19, 2015