The Individuals with Disabilities Education Act (IDEA) and the corresponding Title 34 of the Code of Federal Regulations, Part 300 § 300, contain a number of citations relevant to the legal aspects of ESY. • The term “extended school year services” means special education and related services that: Are provided to a child with a disability: Beyond the normal school year of the public agency; In accordance with the child's IEP; and At no cost to the parents of the child. Meet the standards of the State Educational Agency. (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 children with disabilities 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 normal 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 a child’s IEP. The Code of Federal Regulations (CFR) does not prescribe the time in which the LEA must present an ESY proposal.
Chapter 5 – Supports and Services, Desert/Mountain SELPA As of 10/18/19 D/M SELPA Steering Committee Approval
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