(a)

1. (1) The question of a child's need for ESY services may be raised at any time by an IEP team/parent, including during any scheduled IEP meeting or annual review conference.
2. (2) For a child whose current IEP calls for ESY services, the question of a continuing need for such services should be included in any subsequent meeting held to review, evaluate, and/or revise the IEP.

(b)

1. (1) The child's need for an ESY service or services must be stated in the IEP.
2. (2) The IEP team must specify which annual goal or goals, short-term objectives, and related services are to be implemented in the ESY program.

(c)

1. (1) Eligibility for an ESY service or services must be determined on an individual basis by an IEP team.
2. (2) Public agencies must not invoke local guidelines and practices, which have the effect of considering eligibility for ESY services based upon a category, classification, or severity of disability.