7 Miss. Code. R. 34-B-300.106

Current through October 10, 2024

Section 7-34-B-300.106 - Extended school year services (ESY)

(a)General.

(1) Each public agency must ensure that extended school year services are available as necessary to provide FAPE, consistent with paragraph (a)(2) below and in State Board of Education Policy 7212 (available on the MDE website at

http://www.mde.k12.ms.us/special_education/pdfs/ESY_Handbook_20 03.pdf).

(2)ESY services must be provided only if a child's IEP committee determines, on an individual basis, in accordance with §§300.320 through 300.324, that the services are necessary for the provision of FAPE to the child.

Students with disabilities who turn age twenty-one (21) during the school year and who are eligible for ESY services may be served in an ESY program as determined by the IEP committee.

(3) In implementing the ESY requirements, a public agency may not-

(i) Limit ESY services to particular categories of disability; or

(ii) Unilaterally limit the type, amount, or duration of those services.

(b)Definition. The term ESY services means special education and related services that-

(1) Are provided to a child with a disability-

(i) Beyond the normal school year (180 days) of the public agency;

(ii) In accordance with the child's IEP; and

(iii) At no cost to the parents of the child; and

(2) Meet the standards of the SBE (See ESY Handbook 2003 available on the MDE website at

http://www.mde.k12.ms.us/special_education/pdfs/ESY_Handbook_2 003.pdf). [File Link Not Available]

7 Miss. Code. R. 34-B-300.106