The Committee on Special Education (CSE) must determine whether a student requires extended school year special education services in order to prevent substantial regression. Substantial regression would be indicated by a student’s inability to maintain developmental levels due to a loss of skill, set of skill competencies or knowledge during the months of July and August. In accordance with section 200.6(k) of the Regulations of the Commissioner of Education, students must be considered for twelve-month special services and/or programs to prevent substantial regression if they are students:
whose management needs are determined to be highly intensive and require a high degree of individualized attention and intervention and who are placed in special classes;
with severe multiple disabilities, whose programs consist primarily of habilitation and treatment and are placed in special classes;
who are recommended for home and/or hospital instruction whose special education needs are determined to be highly intensive and require a high degree of individualized attention and intervention or who have severe multiple disabilities and require primarily habilitation and treatment;
whose needs are so severe that they can be met only in a seven-day residential program; or
receiving other special education services who, because of their disabilities, exhibit the need for twelve-month special service and/or program provided in a structured learning environment of up to 12 months duration in order to prevent substantial regression.
Both quantitative and qualitative information should be reviewed by the CSE to substantiate the need for providing such services and programs. A student is eligible for a twelve-month service or program when the period of review or reteaching required to recoup the skill or knowledge level attained by the end of the prior school year is beyond the time ordinarily reserved for that purpose at the beginning of the school year. The typical period of review or reteaching ranges between 20 and 40 school days. As a guideline for determining eligibility for an extended school year program, a review period of eight weeks or more would indicate that substantial regression has occurred.
EXTENDED SCHOOL YEAR PROGRAMS AND SERVICES QUESTIONS AND ANSWERS
Field Memo: Extended School Year Programs During Summer 2021