Extended School Year Programs and Services

  • 1. Who is eligible for extended school year programs and services?

    The Committee on Special Education (CSE)/Committee on Preschool Special Education (CPSE) must determine whether a student requires extended school year special education services in order to prevent substantial regression. Substantial regression would be indicated by a student's inability to maintain developmental levels due to a loss of skill, set of skill competencies or knowledge during the months of July and August. In accordance with Section 200.6 (j) of the Commissioner's Regulations, students must be considered for twelve-month special services and/or programs to prevent substantial regression if they are:

    • Students whose management needs are determined to be highly intensive and require a high degree of individualized attention and intervention and who are placed in special classes;
    • Students with severe multiple disabilities, whose programs consist primarily of habilitation and treatment and are placed in special classes;
    • Students who are recommended for home and/or hospital instruction whose special education needs are determined to be highly intensive and require a high degree of individualized attention and intervention or who have severe multiple disabilities and require primarily habilitation and treatment; students whose needs are so severe that they can be met only in a seven-day residential program; or
    • Students receiving other special education services who, because of their disabilities, exhibit the need for twelve-month special service and/or program provided in a structured learning environment of up to 12 months duration in order to prevent substantial regression.
    Both quantitative and qualitative information should be reviewed by the CSE/CPSE to substantiate the need for providing such services and programs. A student is eligible for a twelve-month service or program when the period of review or reteaching required to recoup the skill or knowledge level attained by the end of the prior school year is beyond the time ordinarily reserved for that purpose at the beginning of the school year. The typical period of review or reteaching ranges between 20 and 40 days. As a guideline for determining eligibility for an extended school year program, a review period of eight weeks or more would indicate that substantial regression has occurred.

    2. Must the Individual Education Program (IEP) for the extended school year program be identical to the IEP developed for the school year program?

    An IEP developed for an extended school year program may differ from the IEP developed for the school year program. The CSE/CPSE determines the type and amount of services that a student needs for an appropriate extended school year program. The IEP developed for the extended school year program should focus on the areas in which the student is expected to experience regression.

    Extended school year programs or services may, at the recommendation of the CSE/CPSE, be provided in a location that differs from one in which the student attends during the school year, provided that the CSE/CPSE determines that the setting is appropriate for the student to benefit from the special education services and meet their IEP goals.

    3. What programs and services can be recommended for July-August?

    A CSE/CPSE should first determine if a student with a disability is eligible for an extended school year program. The IEP for the July-August program should indicate those areas where the student needs services to prevent substantial regression. While some students with disabilities require a continuation of their full-day 10-month programs, others may only require services in specified areas of development to prevent regression.

    In order to provide the specific programs and services to meet the student's needs, a variety of program options can be considered. A CSE/CPSE may recommend any one of the following special education programs and services
    as determined appropriate to the needs of the individual student:

    • related services at a site determined by the CSE;
    • specialized instruction in combination with related services as appropriate, provided by a certified special education teacher at a site determined by the CSE including; or
    • full or half-day daily instruction in special class programs which may include related services.
    4. What is the required length of time that extended school year programs and services must be provided?

    The approved program providing half-day or full-day special class instruction must operate for a least 30 days. However, the frequency and duration of the special education programs and services provided to an individual student would be determined by the CSE and could be less than 30 days in duration.

    5. If the CSE recommends the provision of specialized instruction and/or related services to be provided at summer recreational or educational in which the parent has enrolled the students, who is responsible for the fees to enroll the student in the program?

    Camping and recreational programs are not to be construed as extended school year special education programs and related services. While special education services identified on a student's IEP must be made available as part of a free appropriate public education (FAPE), school districts are not required to pay for the enrollment and other fees at summer recreational or nonapproved educational programs in which the parents have enrolled their student. FAPE is defined as special educational related services that are provided at public expense in conformity with a student's IEP.

    6. If a local school district recommends an appropriate integrated extended school year program for a student with a disability and the parent unilaterally places the student in another setting such as a summer camp program, must the school district make services available at the other setting?

    No. The school district would have the option of providing the recommended extended school year program or making the services available at another setting.

    7. Who can provide specialized instruction to students receiving extended school year services recommended by the CSE in settings other than approved special class programs?

    Specialized instruction can be provided by an appropriately certified special education teacher.