Originally posted on Education Law Alert

The Pennsylvania Department of Education (PDE) issued a new Basic Education Circular (BEC) on extended school year (ESY) programing in April 2013. At least in some cases, the BEC appears to tack on for each eligible student another year of ESY for the summer after the school year in which the student graduates or ages out of special education. Unlike the prior BEC on this issue, the new BEC notes that the students in this category "may" be eligible for ESY for the summer after the school year when programming would traditionally end (i.e. when the student turns 21 or graduates). The BEC advises that the IEP team must determine whether the student is eligible for this additional year of ESY in the same manner it does for any other year. According to the new BEC, if the student is eligible, the LEA is to issue the student his or her diploma and/or NOREP exiting the student from special education at the completion of the ESY, rather than at the end of the school year.

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