Meet the standards of the State Educational Agency (SEA) (Title 34 of the Code of Federal Regulations § 300.106(b)). • A child who meets eligibility requirements for special education is entitled to FAPE. FAPE is defined, in pertinent part, as special education and related services that are provided at public expense and under public supervision and direction, that meet the state’s educational standards, and that conform to the child’s IEP. Special education is defined, in pertinent part, as specially designed instruction, at no cost to parents, to meet the unique needs of a child with a disability. • The IEP is the centerpiece of the IDEA’s education delivery system for a child with a disability and consists of a detailed written statement that must be developed, reviewed, and revised for each child with a disability. In developing the IEP, the IEP team shall consider the strengths of the child, the concerns of the parents for enhancing the education of their child, the results of the initial evaluation or most recent evaluation of the child, and the academic, functional, and developmental needs of the child. • ESY services are special education and related services provided to a child with a disability beyond the regular school year. • ESY services are necessary only if the IEP team finds, on an individual basis, and based on regression and recoupment, that these services are necessary to provide FAPE. • An extended year program as determined by the IEP team, shall be included in the child’s IEP. • ESY services must be in accordance with the child’s IEP. The Code of Federal Regulations does not prescribe the time in which the LEA must present an ESY proposal. LEAs are entitled to have a reasonable time to implement ESY services (see Faulders v. Henrico County School Board (E.D. Va. 2002), Reinholdson v. School Board of Independent School District No. 11 (8th Cir. 2006), Reusch v. Fountain (D. Md. 1994)). • Federal law requires that children with disabilities be educated in the Least Restrictive Environment (LRE) to the maximum extent appropriate and authorizes removal of children with disabilities from the regular educational environment only
Chapter 15 – Extended School Year (ESY), Charter SELPA As of 05/09/2019 Steering Committee Review
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