Adopted:††††††††††††††††††††††††††††† †††††††††††††††††††††††††††††† MSBA/MASA Model Policy 508

Orig. 1995

Revised:†††††††††††††††††††††††††††††† ††††††††††††††††††††††††††††††††††††††††††††††† Rev. 2008





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).




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 studentís 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 studentís 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 studentís age and level of development, and the timeliness for teaching the skill; OR


3.†††††††† The IEP team otherwise determines, given the studentís 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 studentís regression and recoupment over the summer;


2.†††††††† Observations of the studentís 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 studentís progress and maintenance of skills during the regular school year.


2.†††††††† The studentís degree of impairment.


3.†††††††† The studentís rate of progress.


4.†††††††† The studentís behavioral or physical problems.


5.†††††††† The availability of alternative resources.


6.†††††††† The studentís ability and need to interact with nondisabled peers.


7.†††††††† The areas of the studentís curriculum which need continuous attention.


8.†††††††† The studentís 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. ß 125A.14 (Extended School Year)

Minn. Rules Part 3525.0755

20 U.S.C. ß 1400 et seq. (Individuals with Disabilities Education Improvement Act of 2004)

34 C.F.R. Part 300


Cross References:††††††