(1) Extended school year services means services meeting state standards contained in this chapter that are provided to a student eligible for special education services:
(a) Beyond the normal school year;
(b) In accordance with the student's IEP; and
(c) Are provided at no cost to the parents of the student.
(2) School districts must ensure that extended school year services are available when necessary to provide a FAPE to a student eligible for special education services.
(3) Extended school year services must be provided only if the student's IEP team determines on an individual basis that the services are necessary for the provision of FAPE to the student.
(4) A school district may not limit extended school year services to particular categories of disability or unilaterally limit the type, amount or duration of those services.
(5) The purpose of extended school year services is the maintenance of the student's learning skills or behavior, not the teaching of new skills or behaviors.
(6) School districts must develop criteria for determining the need for extended school year services that include regression and recoupment time based on documented evidence, or on the determinations of the IEP team, based upon the professional judgment of the team and consideration of factors including the nature and severity of the student's disability, rate of progress, and emerging skills, with evidence to support the need.
(7) For the purposes of subsection (6) of this section:
(a) Regression means significant loss of skills or behaviors if educational services are interrupted in any area specified on the IEP;
(b) Recoupment means the recovery of skills or behaviors to a level demonstrated before interruption of services specified on the IEP.
[Statutory Authority: RCW
28A.155.090. WSR 21-19-065, § 392-172A-02020, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW
28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-02020, filed 6/29/07, effective 7/30/07.]