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F. EXTENDED SCHOOL YEAR/DAY SERVICES
When the IEP is developed initially or reviewed annually, the IEP team shall consider the need for extended school year (ESY) services for children with disabilities. Children identified as gifted are not eligible for extended school year services. ESY services are different than general education summer school. ESY may or may not be provided in conjunction with the general education summer school. ESY may be needed by a child even though summer school is not offered for general education children. In fact, for certain children, services over winter or spring breaks may be needed. The reason for these services is to ensure the provision of FAPE so that the child can make progress toward the goals specified on the child’s IEP and to prevent regression, which would impede such progress. However, if a child with a disability is attending a summer school program for general education purposes, (not extended school year) the school shall consider what reasonable accommodations/modifications may be necessary for the child to have an equal opportunity to participate in the general education environment and curriculum. The necessary supports can be provided through a 504 plan. The need for ESY is to be decided individually. Therefore, a district shall not have a policy that no ESY services will be provided, that they are only available to a certain group or age of children, or that services are only provided for a set amount of time or a specified number of days.
The IEP Team may use the following methods to decide if a student with a disability (not students who are gifted) needs ESY services. Note that each is not mutually exclusive and consideration of all of these factors may be warranted. These reasons are not all-inclusive.
1. Is a significant regression anticipated if ESY services are not provided? The school is not required to provide ESY services merely because the student will benefit from them. Instead, the IEP Team should determine if the regression experienced by the student would significantly affect his/her maintenance of skills and behaviors.
2. What is the nature and severity of the disability(ies)? Each student’s needs must be considered individually.
3. Are instructional areas or related services needed that are crucial in moving toward self-sufficiency and independence? Particular consideration for ESY services should be given to students who need instruction in such self-help skills as dressing or eating, or who need continued structure to develop behavioral control.
4. The IEP Team could use the following information and data in determining the need for ESY services:
a. Teacher assessment of the student’s success with various instructional interventions;
b. Criterion-referenced and standardized test data;
c. Health and health-related factors, including physical and social/emotional functioning;
d. Past educational history, as appropriate, including any ESY services;
e. Direct observation of the student’s classroom performance;
f. IEP goals and objectives;
g. Student performance (pretest and posttest data);
h. Behavior checklists; and
i. Parent interviews and student interviews where appropriate.
It is important for the IEP Team to address the educational needs of each student and how they might be addressed, such as:
• Scope of the special education instructional services including the duration and content of the program;
• Which current goals and objectives will be addressed to maintain present skills and behaviors;
• Implementer(s) of the ESY services;
• What related services will be made available; and
• If contracting with other schools or private agencies is needed.