(1) Are placed in special classes; or (2) Are individuals with exceptional needs whose IEPs specify an extended year program as determined by the IEP team. (c) The term “extended year” as used in this section means the period of time between the close of one academic year, and the beginning of the succeeding academic year. The term “academic year” as used in this section means that portion of the school year during which the regular day school is maintained, which period must include not less than the number of days required to entitle the district, special education services region, or county office to apportionments of state funds. (d) An extended year program shall be provided for a minimum of 20 instructional days, including holidays. (e) An extended year program, when needed, as determined by the IEP team, shall be included in the pupil’s IEP. (f) In order to qualify for average daily attendance revenue for extended year pupils, all of the following conditions must be met: (1) Extended year special education shall be the same length of time as the school day for pupils of the same age level attending summer school in the district in which the extended year program is provided, but not less than the minimum school day for that age unless otherwise specified in the IEP to meet a pupil’s unique needs. (2) The special education and related services offered during the extended year period are comparable in standards, scope and quality to the special education program offered during the regular academic year. (g) If during the regular academic year an individual’s IEP specifies integration in the regular classroom, a public education agency is not required to meet that component of the IEP if no regular summer school programs are being offered by that agency. NOTE: The regulation governing extended school year ("ESY") services has been amended to be consistent with federal law, which allows SEAs to set ESY standards for their states. The new regulation deletes obsolete language which set forth the maximum number of school days for reimbursement but keeps intact California’s ESY standard of a minimum of 20 instructional days. 3. Case Law Due process cases and court decisions have provided guidance in determining what constitutes FAPE and/or a child’s need for ESY services. In 1982, a landmark United States Supreme Court decision established a substantive standard for the provision of FAPE. Board of Education of the Hendrick-Hudson Central School District v. Rowley, 458 U.S. 176 (1982). The Rowley decision required an LEA to provide a “‘basic floor of opportunity’
Chapter 15 – Extended School Year (ESY), Charter SELPA As of 05/09/2019 Steering Committee Review
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