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 when the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. However, Title 34 of the Code of Federal Regulations § 300.115 , is general and is not directed specifically to ESY services. The Department has long interpreted its requirement of a continuum of alternative placements not to apply to summer programs. Because ESY services are provided during a period of time when the full continuum of alternative placements is not normally available for any child, the Department does not require states to ensure that a full continuum of placements is available solely for the purpose of providing ESY services (Letter to Myers, supra, 16 IDELR 290). • Furthermore, the section which prohibits the unilateral limitation of the type, amount, and duration of summer services, has never been interpreted as requiring a LEA that does not offer a program in summer to create one simply to provide an LRE. • In commenting on the 1999 revisions to the IDEA regulations governing the ESY, the Department stated: While ESY services must be provided in the LRE, public agencies are not required to create new programs as a means of providing ESY services to children with disabilities in integrated settings if the public agency does not provide services at that time for its nondisabled children. • If a parent disagrees with the IEP and proposed placement, he or she may file a request or notice for a due process hearing. II. California Code of Regulations (CCR) ESY services shall be provided for each child with a disability who has unique needs and requires special education and related services in excess of the regular academic year. These children will have disabilities which are likely to continue indefinitely or for a prolonged period, and interruption of the child’s educational programming may cause regression when coupled with limited recoupment capacity, rendering it impossible or unlikely that the child will attain the level of self-sufficiency and independence that would otherwise be expected in view of his or her disabling condition . The lack of clear evidence of such factors may not be used to deny a child an ESY program if the IEP team determines the need for such a program, and includes ESY in the IEP pursuant to Title 5 of the California Code of Regulations § 3043(e) ).
Chapter 5 – Supports and Services, Desert/Mountain SELPA As of 10/18/19 D/M SELPA Steering Committee Approval
Page 79
Made with FlippingBook interactive PDF creator