1. Slide 1 of 12 Extended School Year (ESY): Legal Foundation Adapted from Region IV Presentation August 28, 2008 12 Slides

2. Slide 2 of 12 Question “ESY” stands for: A.Every School Year B.Extended School Year C.Extended Service Year

3. Slide 3 of 12 Case law beginning in the late 1970’s mandated Extended School Year (ESY) service(s) to provide Free Appropriate Public Education (FAPE) to some students with disabilities. Case law also determined the need for ESY service(s) was the exception rather than the rule; finding most students with disabilities would not need ESY service(s) to get FAPE. Why Standards?

4. Slide 4 of 12 Reauthorization of IDEA (December 2004) Publication of Federal Regulations (August 2006) –Citation: §300.106 ESY Service(s) – Among other things directs States to develop standards. Michigan adopted ESY Standards (August 2008) Why Standards?

5. Slide 5 of 12 Federal Regulation Citation: §300.106 (a)General 1.Each school shall ensure that ESY services are available as necessary to provide FAPE. 2.ESY services must be provided only if a student’s Individualized Education Program (IEP) team determines, on an individual basis, that the services are necessary for the provision of FAPE to the student. (Authority: 20 U.S.C. 1412(a)(1)) continued Why Standards?

6. Slide 6 of 12 Federal Regulation Citation: §300.106 3.In implementing the requirements, a school may not – i.Limit ESY services to particular categories of disability; or, ii.Unilaterally limit the type, amount, or duration of those services. (Authority: 20 U.S.C. 1412(a)(1)) continued Why Standards?

7. Slide 7 of 12 Why Standards? Federal Regulation Citation: §300.106 (b)Definition. As used in this section, the term ESY services means special education and related services that: 1. Are provided to a student with disability: i.Beyond the normal school year of the school; ii.In accordance with the student’s IEP; and iii.At no cost to the parents of the student; and, 2. Meet the standards of the state (Authority: 20 U.S.C. 1412(a)(1)) continued

8. Slide 8 of 12 Upon review by the U.S. Department of Education, it was determined that Michigan’s SXI / SCI rules as written were not acceptable. — Michigan had to address SXI / SCI rules to eliminate eligibility specific alignment to ESY. — Proposing a change caused confusion statewide between ESY consideration for all students, and SXI / SCI students receiving a longer school year. — Discovered no state ESY standards. Why Standards?

9. Slide 9 of 12 By adopting ESY Standards, Michigan aligns with requirements under IDEA. ESY Standards support the assurance of a FAPE. Why Standards?

10. Slide 10 of 12 Why Standards? The Michigan Department of Education is in the rule promulgation (rule approval) process. Michigan’s ESY Standards have been recommended by: — The State Board of Education, — The State Superintendent, — The State Board’s Special Education Advisory Committee (SEAC), and — The public, through public comment and public hearings.

11. Slide 11 of 12 Michigan Administrative Rules for Special Education (MARSE) Old SXI / SCI Rules Programs for student with severe cognitive and multiple impairment(s) Minimum 230 days and 1,150 clock hours of instruction New Modified Rule Language (Approved 9/2008) Severe Cognitive Impairment Program (340.1738) and Severe Multiple Impairments Program (340.1748) shall consist of either: —Minimum 200 days and 1,150 clock hours of instruction -- OR -- —Minimum of 1,150 clock hours with no breaks greater than two weeks Any decision on whether the child shall participate in the program beyond the regular school year established by the operating district must be made on an individual basis by the individualized education program team. R340.1738 R340.1748

12. Slide 12 of 12 Thank you for completing the Legal Foundations Section. Please proceed to the Standards Section.