Adopted: MSBA/MASA Model
Policy 508
Revised: Rev. 2008
508 EXTENDED SCHOOL YEAR FOR CERTAIN STUDENTS
WITH INDIVIDUALIZED EDUCATION PROGRAMS
I. PURPOSE
The purpose of
this policy is to ensure that the school district complies with the overall
requirements of law as mandated for certain students subject to individualized
education programs (IEPs) when necessary to provide a free appropriate public
education (FAPE).
II. GENERAL STATEMENT OF POLICY
A. Extended School Year Services Must Be
Available to Provide a FAPE. The
school district shall provide extended school year (ESY) services to a student
who is the subject of an IEP if the student’s IEP team determines the services
are necessary during a break in instruction in order to provide a FAPE.
B. Extended School Year Determination. At least annually, the IEP team must
determine that a student is in need of ESY services if the student meets any of
the following conditions:
1. There will be significant regression of
a skill or acquired knowledge from the student’s level of performance on an
annual goal that requires more than the length of the break in instruction to
recoup unless the IEP team determines a shorter time for recoupment is more
appropriate; OR
2. Services are necessary for the student
to attain and maintain self-sufficiency because of the critical nature of the
skill addressed by an annual goal, the student’s age and level of development,
and the timeliness for teaching the skill; OR
3. The IEP team otherwise determines,
given the student’s unique needs, that ESY services are necessary to ensure the
pupil receives a FAPE.
C. Required Factors Schools Must
Consider in Making ESY Determinations.
The IEP team must decide ESY eligibility using information including:
1. Prior observations of the student’s
regression and recoupment over the summer;
2. Observations of the student’s tendency
to regress over extended breaks in instruction during the school year; and
3. Experience with other students with
similar instructional needs.
D. Additional Factors to Consider, Where
Relevant. In making its
determination of ESY needs, the following factors must be considered, where
relevant:
1. The student’s progress and maintenance
of skills during the regular school year.
2. The student’s degree of impairment.
3. The student’s rate of progress.
4. The student’s behavioral or physical
problems.
5. The availability of alternative
resources.
6. The student’s ability and need to
interact with nondisabled peers.
7. The areas of the student’s curriculum
which need continuous attention.
8. The student’s vocational needs.
E. No Unilateral Decisions. In the course of providing ESY services to
children with disabilities, the school district may not unilaterally limit the
type, amount, or duration of those services.
F. Services to Nonresident Students
Temporarily Placed in School District.
A school district may provide ESY services to nonresident children with
disabilities temporarily placed in the school district in accordance with
applicable state law.
Legal References: Minn. Stat. § 125A.14 (Extended School
Year)
Minn. Rules Part
3525.0755
20 U.S.C. § 1400
et seq. (Individuals with Disabilities Education Improvement Act of
2004)
34 C.F.R. Part
300
Cross
References: