Extended school year services shall be provided, in
accordance with 34 C.F.R.
section 300.106, for each individual with
exceptional needs who has unique needs and requires special education and
related services in excess of the regular academic year. Such individuals shall
have disabilities which are likely to continue indefinitely or for a prolonged
period, and interruption of the pupil's educational programming may cause
regression, when coupled with limited recoupment capacity, rendering it
impossible or unlikely that the pupil will attain the level of self-sufficiency
and independence that would otherwise be expected in view of his or her
disabling condition. The lack of clear evidence of such factors may not be used
to deny an individual an extended school year program if the IEP team
determines the need for such a program and includes extended school year in the
IEP pursuant to subdivision (e).
(a)
Extended year special education and related services shall be provided by a
school district, SELPA, or county office offering programs during the regular
academic year.
(b) Individuals with
exceptional needs who may require an extended school year are those who:
(1) Are placed in special classes;
or
(2) Are individuals with
exceptional needs whose IEPs specify an extended year program as determined by
the IEP team.
(c) The
term "extended year" as used in this section means the period of time between
the close of one academic year and the beginning of the succeeding academic
year. The term "academic year" as used in this section means that portion of
the school year during which the regular day school is maintained, which period
must include not less than the number of days required to entitle the district,
special education services region, or county office to apportionments of state
funds.
(d) An extended year program
shall be provided for a minimum of 20 instructional days, including
holidays.
(e) An extended year
program, when needed, as determined by the IEP team, shall be included in the
pupil's IEP.
(f) In order to
qualify for average daily attendance revenue for extended year pupils, all of
the following conditions must be met:
(1)
Extended year special education shall be the same length of time as the school
day for pupils of the same age level attending summer school in the district in
which the extended year program is provided, but not less than the minimum
school day for that age unless otherwise specified in the IEP to meet a pupil's
unique needs.
(2) The special
education and related services offered during the extended year period are
comparable in standards, scope and quality to the special education program
offered during the regular academic year.
Notes
Cal. Code
Regs. Tit. 5, §
3043
1.
Amendment filed 3-21-88; operative 4-20-88 (Register 88, No. 15).
2.
Amendment of section and NOTE filed 5-5-2014; operative 7-1-2014 (Register
2014, No. 19).
3. Repealer of subsections (g)-(i) and amendment of
NOTE filed 11-28-2022; operative 1-1-2023 (Register 2022, No.
48).
Note: Authority cited: Section
56100,
Education Code. Reference: Section
56345,
Education Code; and 34
C.F.R. Section
300.106.
1. Amendment filed
3-21-88; operative 4-20-88 (Register 88, No. 15).
2. Amendment of
section and Note filed 5-5-2014; operative 7/1/2014 (Register
2014, No. 19).
3. Repealer of subsections (g)-(i) and
amendment of Note filed 11-28-2022; operative
1/1/2023
(Register
2022, No. 48).
