Federal regulations define extended school year (ESY) services as “special education and related services … that are provided to a child with a disability … beyond the normal school year of the public agency … in accordance with the child’s IEP…” These services must be provided at no cost to the parent and must meet state standards. [34 C.F.R. Sec. 300.106(b).]
Under state law, a student must meet certain eligibility requirements for ESY services. Under California law to qualify, a student must show:
- Her disabilities “are likely to continue indefinitely or for a prolonged period;
- Interruption of her educational program may cause regression;
- Limited recoupment capacity; and
- The above factors make it “impossible or unlikely” that she will attain self-sufficiency and independence without ESY services.
However, the “lack of clear evidence” of the above factors may not be used to deny a student ESY if the IEP team determines the need for such a program and it is written into the IEP. [5 C.C.R. Sec. 3043.]