R277-751-3. Determining Eligibility

Latest version.

  (1) A student is eligible for ESY if the student's IEP team has determined, based upon a review of multiple data sources and factors that the student:

  (a) is eligible under Board special education rules and Part B of the IDEA; and

  (b) requires an ESY to receive a FAPE.

  (2) A student's IEP shall reflect the student's IEP team's decision regarding need for ESY services.

  (a) An LEA shall provide a student's parents with written prior notice of the LEA's proposal or refusal to provide ESY services.

  (b) A student's IEP team shall determine the appropriate ESY services for an eligible student, based on the student's individual needs.

  (3) ESY eligibility decisions and written prior notice of ESY services shall be provided to parents in sufficient time to permit accessing dispute resolution options of the Procedural Safeguards, in the event of a dispute.

                    
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