Procedure – Category 5000 (Students)
AR 5005.4 – Extended School Year (ESY)
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 se rvices 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. ➢ 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.
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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