On June 12, 2020, the New Jersey Department of Education (“NJDOE”) provided guidance to school districts on the delivery of extended school year (“ESY”) services to eligible students with disabilities during the COVID-19 pandemic. The NJDOE’s guidance was in response to the Governor’s recent Executive Order 149 allowing for in-person ESY programming beginning on or after July 6, 2020. Pursuant to the Individuals with Disabilities Education Act (“IDEA”) and corresponding New Jersey regulations, once a school district determines that a student with disability requires additional educational services during the summer, the school district is required to include an ESY program as part of that student’s individualized education program (“IEP”). ESY programs usually operate in July and August.
According to the NJDOE’s guidance, school districts are not required to transition to in-person ESY, as the discretion is left to each individual school district. In considering whether a school district can or should operate an in-person ESY program, the NJDOE urges school districts to determine whether they can comply with the New Jersey COVID-19 Youth Summer Camp Standards issued by the New Jersey Department of Health (“NJDOH”). In addition, the NJDOE encourages school districts to consider a combination of remote and in-person instruction during ESY. Further, the NJDOE suggests that in-person evaluations can resume during this period.
If a school district decides to provide any kind of in-person instruction during ESY, it must submit an attestation to the NJDOH confirming that it will follow all applicable standards. This attestation must be submitted 24 hours before the anticipated opening date.
The NJDOE also reminds school districts to consider educational equity, including access to technology and the rights of students with disabilities under the IDEA.
