D.C. Mun. Regs. tit. 5, r. 5-A3015
The IEP Team shall determine, whether the provision of extended school year services is necessary for the provision of FAPE to a child with a disability on an individual basis, as part of the initial IEP development and the annual IEP review.
In determining whether extended school year services are necessary for the provision of FAPE, the IEP team shall utilize at least three (3) months of progress monitoring data from the current school year, or any relevant current data or information if three (3) months of progress monitoring data from the current school year is not available, to consider and document each of the following:
For the purposes of determining whether extended school year services are necessary for the provision of FAPE, a critical skill is a skill that is essential to a student's overall educational progress and may include an academic skill, such as reading, or a non-academic skill that has a direct educational impact, such as a fine motor skill.
The LEA shall not limit extended school year services to particular categories of disability or unilaterally limit the type, amount, or duration of these services, including that the LEA shall not limit provision of extended school year services to only the summer or to periods during which the LEA provides summer school programming.
A child's status as a child with a disability, or a child with a disability who receives extended school year services, shall not limit the child's access to summer school in order to earn credits needed to advance between grades or graduate from high school.
If a child with a disability transfers between District of Columbia LEAs between school years and has an IEP which includes extended school year services, the child's prior LEA shall ensure the provision of such services through July 31 or the last day of summer extended school year services, whichever is later.
If a child with a disability receives extended school year services, the IEP Team shall determine whether extended school year related transportation services are necessary for the provision of FAPE. The determination regarding extended school year services provided during the summer, including the location of those services, shall be made in accordance with timelines established by the SEA.
D.C. Mun. Regs. tit. 5, r. 5-A3015