§ 300.106 Extended school year services.

Plain English summary

This section requires public agencies to make extended school year (ESY) services available when an IEP Team determines, on an individual basis, that such services are necessary to provide FAPE. Public agencies are prohibited from limiting ESY services to specific disability categories or unilaterally restricting the type, amount, or duration of services. ESY services must be provided beyond the normal school year, at no cost to parents, in accordance with the child's IEP, and must meet SEA standards.

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, in accordance with §§ 300.320 through 300.324, 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 are provided to a child with a disability beyond the normal school year of the public agency.
• Extended school year services must be provided in accordance with the child's IEP and at no cost to the parents of the child.
• Extended school year services must meet the standards of the SEA.

Affected parties

• public agencies
• IEP Teams
• children with disabilities
• parents of children with disabilities
• State Educational Agencies (SEAs)

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.106