15-881. Extended school year services for pupils with disabilities; eligibility and service structure; definition

A. Each school district shall make extended school year services available to all pupils with disabilities for whom such services are necessary. Extended school year services are necessary if either of the following applies:

1. The benefits that the pupil gained during the regular school year would be significantly jeopardized if the pupil is not provided educational services.

2. The pupil would experience severe or substantial regression if the pupil is not provided educational services during recesses or the summer months and the regression would result in substantial skill loss of a degree and duration that would seriously impede the pupil's progress toward educational goals.

B. The determination of whether a pupil is eligible for extended school year services shall take into account the least restrictive environmental considerations and shall be determined by a multifaceted inquiry by the individualized education program team based on the following criteria:

1. Retrospective data, such as past regression and the rate of recoupment.

2. Predictive data, when empirical data is not available, may be proven by expert opinion, based on a professional individual assessment.

C. The state board of education shall prescribe rules to carry out the purposes of this section.

D. Rules that are adopted pursuant to subsection C of this section shall clarify that attendance in the program is not compulsory, that the program is not required for all pupils with disabilities and that eligibility for participation in the program is not based on need or desire for any of the following:

1. A day care or respite care service for pupils with disabilities.

2. A program to maximize the academic potential of pupils with disabilities.

3. A summer recreation program for pupils with disabilities.

E. For the purposes of this section, " extended school year" means additional special education and related services for pupils with disabilities to supplement the normal school year which are provided as part of a free and appropriate public education as defined in Public Law 94-142.