California Department of Education letterhead with the official seal of the Department. Tony Thurmond, State Superintendent of Public Instruction. 1430 N Street, Sacramento, CA 95814-5901, 916-319-0800, www.cde.ca.gov

California Department of Education
Official Letter

January 1, 2023

Dear County and District Superintendents, Special Education Local Plan Area Directors, Special Education Administrators at County Offices, Special Education Program Directors, Charter School Administrators, Principals, and Nonpublic School Directors:

Office of Administrative Law Regulatory Action: Amendment of Title 5, California Code of Regulations, Section 3043

On November 28, 2022, the Office of Administrative Law (OAL) approved a regulatory action to amend Title 5 of the California Code of Regulations (5 CCR), Section 3043 regarding Extended School Year (ESY), effective January 1, 2023. The purpose of this notice is to describe the changes to the regulation.

5 CCR Section 3043 has been amended to delete subdivision (g), which previously stated:

(g) If during the regular year an individual’s individualized education program (IEP) specifies integration in the regular classroom, a public education agency is not required to meet that component of the IEP if no regular summer school programs are being offered by that agency.

5 CCR Section 3043 has been further amended to delete subdivision (i), which previously stated:

(i) This section shall not apply to schools which are operating a continuous school program pursuant to Chapter 5 (commencing with Section 37600) of Part 22, Division 3, Title 2 of the Education Code.

Other existing references to ESY in federal and state special education law remain. See Title 34, Code of Federal Regulations (C.F.R.) Section 300.106; California Education Code (EC) Section 56345(b)(3); and the balance of 5 CCR 3043. Local educational agencies (LEAs) are encouraged to carefully review the changes to 5 CCR section 3043.

Should there be any questions related to the above information, please contact the Special Education Division via email at SEDinfo@cde.ca.gov or the appropriate Focused Monitoring and Technical Assistance (FMTA) Consultant using the contact information provided on the California Department of Education FMTA Consultant Assignments by Region web page at https://www.cde.ca.gov/sp/se/qa/fmtacncnt.asp.

Sincerely,

Heather Calomese, Director
Special Education Division

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