The IEP team must make an individualized determination of whether ESY services are necessary. B. ESY services must be provided only if the IEP team determines that such services are necessary. C. A school district may not limit ESY to certain categories of disability our unilaterally limit the type, amount, or duration of ESY services. 34 C.F.R. Sec. There is no federal standard for determining whether ESY services are necessary.
States are free to develop their own standards.
Michigan Standards A. Traditionally, Michigan has used a regression-recoupment standard. A former MDOE IEP Team Manual, January 1998, stated that to be eligible for ESY, the student must have experienced or be likely to experience a significant regression in performance as measured be recoupment of IEP goals and objectives during the first nine weeks of the school year. The current MDOE IEP Team Manual, December 1999, does not include the regression-recoupment standard. Instead, it cites and reflects the current federal regulation. C. School districts often have their own ESY Guidelines or Policies.