(1) A student is eligible for ESY if the student's IEP team has determined, based upon a review of multiple data sources and factors that the student:
- (a) is eligible under Board special education rules and Part B of the IDEA; and
- (b) requires an ESY to receive a FAPE.
(2) A student's IEP shall reflect the student's IEP team's decision regarding need for ESY services.
- (a) An LEA shall provide a student's parents or an adult student with prior written notice of the LEA's proposal or refusal to provide ESY services.
- (b) A student's IEP team shall determine the appropriate ESY services for an eligible student, based on the student's individual needs.
- (3) ESY eligibility decisions and prior written notice of ESY services shall be provided to a student's parents or an adult student in sufficient time to permit accessing dispute resolution options outlined in the procedural safeguards, in the event of a dispute.
KEY: exceptional children, extended school year
Date of Last Change: May 23, 2023
Notice of Continuation: March 14, 2023
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-401(4); 53E-3-501(1)(c)(vi)(A)