NC 1501-2.4 Extended School Year Services

Plain English summary

This regulation requires public agencies to make extended school year (ESY) services available when an IEP Team determines they are necessary to provide FAPE to a child with a disability. ESY services must be provided beyond the normal school year at no cost to parents, and agencies cannot categorically limit eligibility by disability type or unilaterally restrict the type, amount, or duration of services. The IEP Team must consider regression, jeopardy to school-year gains, or emerging critical skill acquisition when making ESY determinations.

Key requirements

• Each public agency must ensure that extended school year services are available as necessary to provide FAPE.
• Extended school year services must be provided only if a child's IEP Team determines, on an individual basis, that the services are necessary for the provision of FAPE to the child.
• A public agency may not limit extended school year services to particular categories of disability.
• A public agency may not unilaterally limit the type, amount, or duration of those services.
• Extended school year services must be provided beyond the normal school year of the public agency, in accordance with the child's IEP, and at no cost to the parents of the child.
• The IEP Team must determine that extended school year services are necessary for the provision of FAPE to an individual child by considering whether the student regresses or may regress during extended breaks from instruction and cannot relearn the lost skills within a reasonable time.
• The IEP Team must consider whether the benefits a student gains during the regular school year will be significantly jeopardized if he or she is not provided with an educational program during extended breaks from instruction.
• The IEP Team must consider whether the student is demonstrating emerging critical skill acquisition ('window of opportunity') that will be lost without the provision of an educational program during extended breaks from instruction.

Affected parties

• Students with disabilities
• Parents of students with disabilities
• IEP Teams
• Public agencies (local education agencies)
• Special education administrators

Official source

https://www.dpi.nc.gov/documents/publications/catalog/ec144-policies-governing-services/open#page=24