Robyn: In my Wrightslaw All About IEP’s book on page 107 it states, “The school may not: Unilaterally limit the ESY services to a set number of days or hours of service.” However, on my state’s education website (#6) it states the school district is, “not required to be provided all day, every day, nor each day during the week or month.” It refers to the Crawford case. So do states set their own ESY requirements? Here’s the link to mine: http://www.mde.k12.ms.us/MBE/manual/policy-7200-special-education/policy-7212-extended-school-year
States set the criteria for eligibility for ESY. IEP teams determine if the student meets the criteria, & then the amount of service they need. The state document is saying that the team can determine that appropriate services can be provided without providing them all day, every day of a week or month.