(a) Personnel.

1. (1) ESY services personnel shall comply with the same licensure standards of the Division of Elementary and Secondary Education or other licensure boards, as appropriate, as they apply to regular school year personnel.
2. (2) The teacher–pupil ratios for instructional programs shall comply with those defined in 6 CAR § 130-1701 et seq.

(b) Duration.

1. (1)

   1. (A) The period of ESY services shall be defined annually on an individual basis, in consideration of each child’s needs, and shall be the responsibility of the IEP committee.
   2. (B) Such services shall be provided within either:

(i) The period of time between the close of one (1) academic year and the beginning of the succeeding academic year; or

1. (ii) During the time period of any other breaks, such as Christmas or spring vacation.

2. (2)

   1. (A) The length of the school day for ESY services shall:

      1. (i) Be defined by the public agency; and
      2. (ii) Reflect the combined programming needs of its eligible children.

   2. (B) However, adequate provision of services must be assured.

      1. (c) Least restrictive environment. The educational setting for delivery of a child’s ESY services:
3. (1) Shall be chosen from a continuum of settings; and

4. (2) Must be listed in each child’s IEP.

   1. (d) Special education instruction.
5. (1) ESY services are required to be provided only in the area or areas of a child’s IEP identified by the team as meeting the criteria for receipt of ESY services.
6. (2) Thus, a child may require only a specific goal and objectives be addressed through an ESY program, as compared to another child’s need for several or all areas of the IEP to be addressed.

(e) Related services.

1. (1) Related services are only provided to children with disabilities when it is required in order for the child with a disability to benefit from special education.
2. (2) Related services do not stand alone.

3. (3) A child with a disability may be eligible for an ESY service or services in an area of the IEP designated as a related service only if:

   1. (A) The related service is identified as an area requiring ESY; and
   2. (B) ESY service is provided in the corresponding special education instructional area for which the related service is provided.