Extended School Year (ESY): SCHOOL LIMITING ESY SERVICES

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Jennifer:  In 300.601 Extended School Year Services (a)General under (3) it states that “a public agency may not (ii) unilaterally limit the type, amount, or duration of those services” However, my State Board Policy states “not required to be provided all day, every day, nor each day during the week or month.” This appears to limit the duration of ESY services. Which is the law? My district only provides ESY 4 days a week from 8:30-11:30. Those are the only days/times they offer ESY to all students within the district.

  1. If the a school trip happens on the weekend outside of regular class time, is it legal to exclude students who have misbehaved and have a pattern of misbehavior (with or without IEPs)?

  2. Same question – Define “unilaterally” Are they meaning disability category, an individual or a program. It can’t mean the program considering they’re usually predetermined amount & duration.

    • District administrators! They are not to say we provide Y hours a day for X weeks during the summer. They are also not to say we provide services only for this disability category.

  3. ESY, just like services provided during the school year are to be based on each student’s individual needs. What they are offering is not individualized. I hope that the state agency would acknowledge this. You could use the dispute resolution processes to try to reach a solution.

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