Extended year services (EYS) are defined as individualized instructional programs beyond the regular school year for students who are enrolled in a school district's special education program. (1) The need for EYS must be determined on an individual student basis by the admission, review, and dismissal (ARD) committee. (2) The need for EYS must be documented from formal and/or informal evaluations provided by the district or the parents. The documentation shall demonstrate that in one or more critical areas addressed in the current individual educational plan (IEP) objectives, the student has exhibited, or reasonably may be expected to exhibit, severe or substantial regression that cannot be recouped within a reasonable time period. Severe or substantial regression shall mean that the student has been, or will be, unable to maintain one or more acquired critical skills because of the absence of EYS. (3) The
reasonable time period for recoupment of acquired critical skills shall be determined on the basis of needs identified in each student's IEP. If the loss of acquired critical skills would be particularly severe or substantial, or if such loss results, or reasonably may be expected to result, in immediate physical harm to the student or to others, EYS may be justified without consideration of the time period for recoupment of such skills. In any case, the time period for recoupment shall not exceed eight weeks. (4) A skill is critical when the loss of that skill results, or is reasonably expected to result, in any of the following unplanned occurrences during the first eight weeks of the next regular school year: (A) placement in a more restrictive instructional arrangement; (B) 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; (C) 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 (D) loss of access to on-the-job training or productive employment as a result of regression in skills. (5) If the district does not propose EYS for discussion at the annual review of a student's IEP, the parent may request that the ARD committee discuss EYS pursuant to 34 Code of Federal Regulations (CFR), §300.504 and §300.505. (6) If a student for whom EYS was considered and rejected loses critical skills because of the decision not to provide EYS, and if those skills are not regained after the reasonable time period for recoupment, the ARD committee shall reconsider the current IEP if the student's loss of critical skills interferes
with implementation of the IEP. (7) For students enrolling in a district during the school year, information from the prior school district as well as information collected during the current year may be used to determine the need for EYS. (8) The provision of EYS is limited to the educational needs of the student and shall not supplant or limit the responsibility of other public agencies to continue to provide care and treatment services pursuant to policy or practice, even when those services are similar to, or the same as, the services addressed in the student's IEP. No student shall be denied EYS because that student receives care and treatment services under the auspices of other agencies. (9) Districts are not eligible for reimbursement for EYS provided to students for reasons other than those set forth in this section.
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