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(1.31) How can my child qualify for “extended school year” services?

(1.31) How can my child qualify for “extended school year” services?

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:

  1.  Her disabilities “are likely to continue indefinitely or for a prolonged period;
  2. Interruption of her educational program may cause regression;
  3. Limited recoupment capacity; and
  4. 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.]