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Does my child have the right to the same services she receives during the regular school year during the extended school year?
Not necessarily. In a recent fourth circuit case the parents filed for due process because their child’s ESY IEP did not contain the same level of speech/language and occupational therapy services as were provided during the regular school year. The court found that the district had provided the student with a FAPE. This means that a district can provide fewer services during the extended school year than during the regular school year, as long as the benefits the student gained during the school year are not significantly jeopardized.
J.H. v. Henrico County Sch. Bd., 326 F.3d 560 (4th Cir. 2003)
Important Decisions