If regular summer school programs are available to non-disabled students in your school district, and if your child’s IEP includes integration in the regular classroom during the regular academic year, those integrated services must be provided during the extended school year. [5 C.C.R. Sec. 3043(g).] If there is no summer school program for non-disabled students in your school district, you can ask the district for an extended school year program in another district that does offer an integrated program. Or, you can request that the district pay for an integrated private program.
If the district refuses to provide appropriate ESY services to your student, and denies your requests, you can:
- file a compliance complaint with the California Department of Education alleging that the district did not provide appropriate ESY services as outlined in your student’s IEP,
- file for due process with the Office of Administrative Hearings and allege that the district’s offer of ESY did not provide your student a free, appropriate, public education in their least restrictive environment, and/or
- tell the district in writing that you plan to pay for an appropriate, private summer program for your student and that you will seek reimbursement from the district. You will likely need to file for due process in order to secure reimbursement. You can find more detailed instructions about seeking reimbursement for private programs in SERR Chapter 4.48