Authorities: 34 CFR Part 300; 19 TAC Chapter 89
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FEDERAL AND STATE REQUIREMENTS | |
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Extended school year (ESY) services means special education and related services that: Citations: |
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Each local educational agency (LEA) must ensure that ESY services are available as necessary to provide a free appropriate public education (FAPE).
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The provision of ESY services is limited to the educational needs of the child and must not supplant or limit the responsibility of other public agencies to continue to provide care and treatment services pursuant to policy or practice, even when those services are similar to, or the same as, the services addressed in the child's IEP.
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No child will be denied ESY services because the child receives care and treatment services under the auspices of other agencies.
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In determining the need for and in providing ESY services, the LEA may not:
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DETERMINATION OF NEED
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ESY services must be provided only if the child's admission, review, and dismissal (ARD) committee determines, on an individual basis, that the services are necessary for the provision of FAPE.
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If the LEA does not propose ESY services for discussion at the annual review of the child's IEP, the parent may request that the ARD committee discuss ESY services.
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If the child for whom ESY services were considered and rejected loses critical skills because of the decision not to provide ESY services, and if those skills are not regained after the reasonable period of time for recoupment, the ARD committee must reconsider the current IEP if the child's loss of critical skills interferes with the implementation of the child's IEP.
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The ARD committee must determine the need for ESY services from formal and/or informal evaluations provided by the LEA or the parents:
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REGRESSION-RECOUPMENT ANALYSIS
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The ARD committee must identify the critical areas addressed in the current IEP goals and objectives, if any, in which the child has exhibited, or reasonably may be expected to exhibit, severe or substantial regression that cannot be recouped within a reasonable period of time:
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DOCUMENTATION IN THE IEP
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If the ARD committee determines that the child is in need of ESY services, then the IEP must identify which of the goals and objectives in the current IEP will be addressed during ESY services.
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FUNDING
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The LEA must comply with the DISTRIBUTION OF STATE SPECIAL EDUCATION FUNDS TO LEAs framework.
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