As summer approaches, there are a few topics that come up. One of the big ones is extended school year (ESY). The criteria most often used to qualify a child for ESY is "documented regression." It should be noted that regression is not identified in IDEA as a criterion for ESY and that New Mexico, or any other state, may not make access to ESY more restrictive than stated in the Individuals with Disabilities Education Act (IDEA). In addition, ESY services need to follow each child's individual education plan (IEP). In my experience, "documented regression" is often the sole criteria used to determine eligibility for ESY and the services in the IEP are often reduced by half during the summer months. Both of these practices are out of compliance with IDEA law. As a result, I would argue that many children in US are not receiving a free and appropriate public education during the summer months. www.BrightFuturesASD.com
IDEA - §300.106 Extended school year services.
See Wrightslaw: Special Education Law, 2nd Edition page 205.