Who decides whether a child requires ESY services in order to receive FAPE?
The participants in a meeting to develop the child’s IEP must consider, as appropriate, whether a child needs ESY services in order to receive FAPE. The district is not required to consider ESY services for each child at an IEP meeting. If ESY services are an issue, raised by a parent or another IEP meeting participant, the IEP meeting participants must determine whether the child requires ESY services in order to receive FAPE. 5. What substantive standard should the IEP meeting participants apply to determine whether a child requires ESY services in order to receive FAPE? Federal special education regulations and court cases establish a standard for determining whether a child is eligible for ESY services. Federal special education regulations require schools to provide ESY services, as necessary, to provide a child with FAPE. 34 C.F.R. ยง300.106(a). ESY services must be provided only if a child s IEP team determines, on an individual basis, the services are necessary for providing FAP
