Yes. Alabama's extended school year guidance says the IEP team does not have to show that your child actually lost skills before providing ESY. The guidance says a child's need can be shown with predictive data when past data are not enough. It also lists expert opinion and anecdotal reports as information the team can use. The decision is made for your child on an individual basis, after a thorough review of all the retrospective and predictive data.
This comes from guidance by the Alabama State Department of Education (ALSDE), not from the text of a law. Guidance shows how the state reads the rules.
“The IEP Team is not required to demonstrate a showing of actual regression before ESY services are provided. A child’s need for ESY services may be established by predictive data.”
— ALSDE Extended School Year Technical Assistance Paper, PDF p. 3 of 4
This section is educational support, not legal advice. Special education rules can depend on your state and your child's facts. Talk with your IEP or 504 team, and with counsel when you need legal advice.
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