Procedure – Category 5000 (Students)
AR 5005.4 – Extended School Year (ESY)
ESY services must be provided only if a child’s Individualized Education Program (IEP) team determines, on an individual basis, in accordance with Title 34 of the Code of Federal Regulations §§ 300.320 through 300.324 , that the services are necessary for the provision of a Free Appropriate Public Education (FAPE) to the child. The purpose of ESY is to provide special education and related services when an 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.
2.0
Understanding the Legal and Practical Aspects of ESY
The legal and practical aspects of understanding ESY include the relevant federal regulations, California Code of Regulations, case law clarifications, and practical implications of what ESY is and is not.
2.1
Federal Regulations
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:
o Beyond the normal school year of the public agency;
o In accordance with the child's IEP; and
At no cost to the parents of the child.
o
➢ 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
Adapted from Guidelines for Determining Need for Extended School Year (ESY) Services, Riverside County Special Education Local Plan Area, 2014. Reprinted in this handbook with permission.
AR 5005.4 – Extended School Year (ESY)
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Desert Mountain Special Education Local Plan Area (DMSELPA) (rev. 09/17)
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