C.F.R. » Title 34 » CHAPTER III—OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION › PART 300—ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH DISABILITIES › Subpart B—State Eligibility

34 C.F.R. § 300.106

Extended school year services

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(a) General. (1) Each public agency must ensure that extended school year services are available as necessary to provide FAPE, consistent with paragraph (a)(2) of this section.

(2) Extended school year services must be provided only if a child's IEP Team determines, on an individual basis, in accordance with §§ 300.320 through 300.324, that the services are necessary for the provision of FAPE to the child.

(3) In implementing the requirements of this section, a public agency may not—

(i) Limit extended school year services to particular categories of disability; or

(ii) Unilaterally limit the type, amount, or duration of those services.

(b) Definition. As used in this section, the term extended school year services means special education and related services that—

(1) Are provided to a child with a disability—

(i) Beyond the normal school year of the public agency;

(ii) In accordance with the child's IEP; and

(iii) At no cost to the parents of the child; and

(2) Meet the standards of the SEA.

(Approved by the Office of Management and Budget under control number 1820-0030) (Authority: 20 U.S.C. 1412(a)(1))
Notes of Decisions
Cited in 28 cases (6 in the last 5 years), 2007–2026 · leading case: T.M. ex rel. A.M. v. Cornwall Cent. Sch. Dist., 752 F.3d 145 (2d Cir. 2014).
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T.M. ex rel. A.M. v. Cornwall Cent. Sch. Dist., 752 F.3d 145 (2d Cir. 2014). · cites it 2× “” 34 C.F.R. § 300.106 (a)(1). In New York, disabled students “shall be considered for 12-month special services and/or programs” if “because of their disabilities, [they] exhibit the need for a 12-month special service and/or program .”
M.Y. Ex Rel. J.Y. v. Special Sch. Dist. No. 1, 544 F.3d 885 (8th Cir. 2008). · cites it 3× “” 34 C.F.R. 300.106(a)(2). In the present case, M.”
McQueen v. Colorado Springs Sch. Dist. No. 11, 488 F.3d 868 (10th Cir. 2007). · cites it 2× “” 34 C.F.R. § 300.106 (a)(2) (2006); see Johnson ex rel.”
Bd. of Educ. of Fayette Cnty., Kentucky v. L.M., as Legal Guardian of T.D., a Minor L.M., on Her Own Behalf & T.D., by His Legal Guardian, 478 F.3d 307 (6th Cir. 2007). “34 C.F.R. § 300.106 (a). A school must provide these services, however, only if the child’s IEP team deter *315 mines that such services are necessary “for the provision of FAPE to the child.”
A.L. v. Jackson Cnty. Sch. Bd., 635 F. App'x 774 (11th Cir. 2015). · cites it 2× “*783 We find that the district court correctly determined that the Board provided sufficient extended school year services in compliance with the IDEA because it met the requirements of 34 C.F.R. § 300.106 by assigning A.L. to an alternative school during the summer of 2009.”
S.S. Ex Rel. Shank v. Howard Road Academy, 585 F. Supp. 2d 56 (D.D.C. 2008). “See 34 C.F.R. § 300.106 (a), (b) (requiring ESY services to be provided where a child’s IEP team determines that the services are necessary for the provision of a FAPE); MM v.”
Wilson v. Dist. of Columbia, 770 F. Supp. 2d 270 (D.D.C. 2011). “’s IEP and by federal regulations, see 34 C.F.R. § 300.106 (a) — to provide A.W.”
Indep. Sch. Dist. No. 12 v. Minnesota Dep't of Educ., 788 N.W.2d 907 (Minn. 2010). · cites it 2× “" Similarly, 34 C.F.R. § 300.106 (2010) states that each school district "must ensure that extended school year services are available as necessary to provide FAPE [free appropriate public education]" and that "[e]xtended school year services must be provided only if a child's…”
BR Ex Rel. Rempson v. Dist. of Columbia, 802 F. Supp. 2d 153 (D.D.C. 2011). “" 34 C.F.R. § 300.106 (b). 7 . Paragraph twelve of the complaint is incorrectly numbered as paragraph eight, resulting in the incorrect numeration of the remainder of the document.”
Dep't of Educ. v. Leo W. ex rel. Veronica W., 226 F. Supp. 3d 1081 (D. Haw. 2016). “The comparable current provision is 34 C.F.R. § 300.106 , which states, in pertinent part: (a) General.”
CG v. Pennsylvania Dep't of Educ., 888 F. Supp. 2d 534 (M.D. Penn. 2012). · cites it 2× “34 C.F.R. § 300.106 ; 22 Pa. Code. § 14.132.”
Maschek v. City of Chicago, 2015 IL App (1st) 150520 (Ill. App. Ct. 2016). “” 34 C.F.R. § 300.106 (a) (2014). ¶ 75 Illinois law requires each school district to comply with all applicable federal regulations, and it specifically demands compliance with federal regulations for “the provision of extended school year services.”
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— 34 C.F.R. § 300.106(a)(2) — 2 cases
M.Y. Ex Rel. J.Y. v. Special Sch. Dist. No. 1, 544 F.3d 885 (8th Cir. 2008). “” 34 C.F.R. 300.106(a)(2). In the present case, M.”
M.Y., etc. v. Special Sch. Dist. (8th Cir. 2008).
— 34 C.F.R. § 300.106(b) — 2 cases
M.Y. Ex Rel. J.Y. v. Special Sch. Dist. No. 1, 544 F.3d 885 (8th Cir. 2008). “” 34 C.F.R. 300.106(a)(2). In the present case, M.”
M.Y., etc. v. Special Sch. Dist. (8th Cir. 2008).
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