What if the childs parent/guardian or the child, if he/she is 18 or older, does not want ESY services?
Eligibility for ESY services is determined by the IEP team, not the parent or student. The regulations in Sec. 300.106 refer to ESY in the following way: “Each public agency must ensure that Extended School Year services are available as necessary to provide FAPE.” Extended School Year is not an optional service; it is an extension of FAPE as provided in the IEP. If the IEP team determines that a student needs ESY services in order to achieve FAPE, the district must stand ready to provide those services even if the parent chooses not to make their child available to receive such services.
Related Questions
- If a child is traveling without a parent or legal guardian, what paperwork should the adult have to indicate permission or legal authority to have that child in their care?
- Who decides whether a child requires ESY services in order to receive FAPE?
- Can a surviving parent/guardian volunteer at camp with their child?
