Section R7-2-408. Extended School Year Programs for Children with Disabilities

A.      “Extended school year” (ESY) shall be as defined in A.R.S. § 15-881.

B.       Eligibility. Eligibility shall be determined by the Individual- ized Education Program (IEP) Team. Criteria for determining eligibility in an extended school year program shall be as defined in A.R.S. § 15-881.

C.      For a student with a disability currently enrolled in special education, eligibility for ESY services shall be determined no later than 45 calendar days prior to the last day of the school year.

D.      The availability of an extended school year program is required for all students for whom the IEP team has deter- mined that it is necessary in order to ensure a free appropriate public education. Student participation in an ESY program is not compulsory. ESY services are not required for all students with a disability.

E.       Factors that are inappropriate for consideration. Eligibility for participation shall not be based on need or desire for any of the following:

1.        A day care or respite care service for students with a dis- ability;

2.        A program to maximize the academic potential of a stu- dent with a disability; and

3.        A summer recreation program for students with a disabil- ity.

Historical Note

New Section adopted by final rulemaking at 5 A.A.R. 3211, effective August 24, 1999 (Supp. 99-4). Amended by final rulemaking at 9 A.A.R. 4633, effective Decem- ber 8, 2003 (Supp. 03-4).