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5K - Extended School Year (ESY) Services - April 2011 Revision

Note: This procedural directive was reviewed and revised in October 2012. We provide this revision for historic purposes only. Please refer to the current procedural Directive.

Albuquerque Public Schools ensures that ESY services are available as necessary to provide FAPE.  ESY services may 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.  (34 C.F.R. § 300.106(a)(1-2))

Albuquerque Public Schools shall not:

  • Limit ESY to particular categories of disability; or
  • Unilaterally limit the type, amount, or duration of those services.

(34 C.F.R. § 300.106(a)(3))

The requirement to provide ESY services to children with disabilities who require such services in order to receive FAPE reflects a longstanding interpretation of IDEA by the courts and the U.S. Department of Education.  (71 Fed. Reg. 46582 (August 14, 2006))

The right of an individual child with a disability to receive ESY services is based on that child’s entitlement to FAPE.  Some children with disabilities may not receive a FAPE unless they receive necessary services during times when other children both disabled and non-disabled, normally would not be served.  (71 Fed. Reg. 46582 (August 14, 2006))

Albuquerque Public Schools’ shall ensure that children with disabilities who require ESY services in order to receive FAPE have the necessary services available to them, and that individualized determinations about each disabled child’s need for ESY services are made through the IEP process.  (71 Fed. Reg. 46582 (August 14, 2006))

“[I]f a child will experience severe or substantial regression during the summer months in the absence of a summer program, the [child with a disability] may be entitled to year-round services.  The issue is whether the benefits accrued to the child during the regular school year will be significantly jeopardized if he is not provided an educational program during the summer months.”  Alamo Heights v. State Board of Education, 790 F.2d 1153 (5th Cir. 1986)(adopted by the Tenth Circuit in Johnson v. Bixby Independent Sch. Dist. No. 4, 921 F.2d 1022, 1028 (10th Cir. 1990)).

Albuquerque Public School special education teachers and providers of the child shall collect on an  ongoing basis regression-recoupment data, including at a minimum at the end of the school year (for baseline purposes) and during the first eight weeks of the beginning of the school year.  “The analysis of whether the child’s level of achievement would be jeopardized by a summer break in his or her structured educational programming should proceed by applying not only retrospective data, such as past regression and rate of recoupment, but also should include predictive data, based on the opinion of professionals in consultation with the child’s parents as well as circumstantial considerations of the child’s individual situation at home and in his or her neighborhood and community.”  Johnson v. Bixby Independent Sch. Dist. No. 4, 921 F.2d 1022, 1028 (10th Cir. 1990).

“Typically, ESY services are provided during the summer months.  However, there is nothing in IDEA that would limit a public agency from providing ESY services to a child with a disability during times other than the summer, such as before and after regular school hours or during school vacations, if the IEP Team determines that the child requires ESY services during those time periods in order to receive FAPE.  The regulations give the IEP Team the flexibility to determine when ESY services are appropriate, depending on the circumstances of the individual child.”  (71 Fed. Reg. 46582 (August 14, 2006))

Administrative Position: Chief Academic Officer

Department Director: Executive Director of Special Education

References

Legal Cross Ref.:

For more information about the legal references below, refer to the following sites:
  • 34 C.F.R. § 300.106
  • 71 Fed. Reg. 46582
  • Alamo Heights v. State Board of Education, 790 F.2d 1153 (5th Cir. 1986)(adopted by the Tenth Circuit in Johnson v. Bixby Independent Sch. Dist. No. 4, 921 F.2d 1022, 1028 (10th Cir. 1990))
  • Johnson v. Bixby Independent Sch. Dist. No. 4, 921 F.2d 1022, 1028 (10th Cir. 1990)

Board Policy Cross Ref.:

Procedural Directive Cross Ref.:

Forms:

NSBA/NEPN Classification: IHBA

Introduced: April 1, 2011
Reviewed: April 12, 2011
Adopted: April 22, 2011

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