A school must provide extended school year services only if your child's IEP team decides, for your child, that the services are necessary for FAPE. The team has to decide this on an individual basis. Another part of the same rule, 34 CFR 300.106(a)(3), says a school may not limit ESY to certain categories of disability, and may not decide on its own to limit the type, amount, or length of the services.
“Extended school year services must be provided only if a child's IEP Team determines, on an individual basis, in accordance with §§ 300.320 through 300.324, that the services are necessary for the provision of FAPE to the child.”
This section is educational support, not legal advice. Special education rules can depend on your state and your child's facts. Talk with your IEP or 504 team, and with counsel when you need legal advice.
Same Team