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special education rights and responsibilities - Disability Rights ...

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Information on IEP Process<br />

62. Can my child receive ESY services beyond the limited number<br />

of weeks usually offered by the school district?<br />

There is no limitation in federal or state law on the length of an extended school<br />

year session. On the contrary, state regulations specifically define extended year<br />

as “the period of time between the close of one academic year <strong>and</strong> the beginning of<br />

the succeeding academic year.” [5 C.C.R. Sec. 3043(c).] In addition, CDE has<br />

established a reimbursement formula for ESY services, including state<br />

reimbursement for a “maximum of 55 instructional days for individuals in <strong>special</strong><br />

classes or centers for the severely h<strong>and</strong>icapped.” [5 C.C.R. Sec. 3043(d).] Fiftyfive<br />

(55) days is far beyond the usual 20-day ESY session. This formula merely<br />

outlines the number of instructional days for which your district will be reimbursed<br />

by the State of California. [5 C.C.R. Sec. 3043(d).] The reimbursement formula<br />

does not affect an IEP team’s ability to determine ESY services based on the<br />

individual needs of your child.<br />

63. My child is integrated into the regular classroom during the<br />

regular academic year. Should that integrated programming be<br />

available during the extended school year?<br />

If regular summer school programs are available to non-disabled students in your<br />

school district, <strong>and</strong> if your child’s IEP includes integration in the regular classroom<br />

during the regular academic year, those integrated services must be provided<br />

during the extended school year. [5 C.C.R. Secs. 3043(g) & (h).]<br />

64. Do students enrolled in charter schools have <strong>special</strong> <strong>education</strong><br />

<strong>rights</strong>?<br />

Yes. Children with disabilities who attend public charter schools have all <strong>special</strong><br />

<strong>education</strong> <strong>rights</strong> available under federal <strong>and</strong> state law. Charter schools, which<br />

must comply with all federal <strong>and</strong> state <strong>special</strong> <strong>education</strong> procedures <strong>and</strong><br />

requirements, may be organized in one of three ways: 1) if the charter school is<br />

part of a local district, the district is responsible for providing <strong>special</strong> <strong>education</strong><br />

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