Extended school year (ESY) services are defined as individualized instructional
programs beyond the regular school year for eligible students with disabilities.
(1) The need for ESY services must be determined on an individual
student basis by the admission, review, and dismissal (ARD) committee in accordance
with 34 Code of Federal Regulations (CFR), §300.309, and the provisions
of this section. In determining the need for and in providing ESY services,
a school district may not:
(A) limit ESY services to particular categories of disability;
or
(B) unilaterally limit the type, amount, or duration of ESY
services.
(2) The need for ESY services 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
individualized education program (IEP) objectives, the student has exhibited,
or reasonably may be expected to exhibit, severe or substantial regression
that cannot be recouped within a reasonable period of time. Severe or substantial
regression means that the student has been, or will be, unable to maintain
one or more acquired critical skills in the absence of ESY services.
(3) The reasonable period of time 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, ESY services
may be justified without consideration of the period of time for recoupment
of such skills. In any case, the period of time 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 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.
(5) If the district does not propose ESY services for discussion
at the annual review of a student's IEP, the parent may request that the ARD
committee discuss ESY services pursuant to 34 CFR, §300.344.
(6) If a student for whom ESY services were considered and
rejected loses critical skills because of the decision not to provide ESY
services, and if those skills are not regained after the reasonable period
of time for recoupment, the ARD committee shall reconsider the current IEP
if the student's loss of critical skills interferes with the implementation
of the student's IEP.
(7) For students enrolling in a district during the school
year, information obtained from the prior school district as well as information
collected during the current year may be used to determine the need for ESY
services.
(8) The provision of ESY services 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
ESY services because the student receives care and treatment services under
the auspices of other agencies.
(9) Districts are not eligible for reimbursement for ESY services
provided to students for reasons other than those set forth in this section.
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