Code of Federal Regulations (Last Updated: July 5, 2024) |
Title 25 - Indians |
Chapter II - Indian Arts and Crafts Board, Department of the Interior |
SubChapter E - EDUCATION |
Part 45 - SPECIAL EDUCATION |
Subpart C - Provision of Special Education and Related Services |
§ 45.40 - Extended school year services.
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(a) The IEP may provide for continuous instruction (uninterrupted by the regular summer recess) whenever:
(1) Continuous instruction is likely to be necessary in order to sustain, with only minor regression, current important educational skills and information retention; or
(2) The child lives in a residential facility or institution.
(b) The extension of an IEP for a ten (10) to twelve (12) month instructional program shall not result in a more restrictive change in placement on the continuum of alternative placements nor shall it constitute a basis for any deviation from any other educational placement requirement of § 45.34 of this part. However, the increased isolation of handicapped children which could result from the operation of an instructional program for handicapped children during a period of time when non-handicapped children are not attending school would not violate any requirements of this part.