Skip to main content
California Department of Education Logo
California Department of Education
Official Letter
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

Last Reviewed: Thursday, January 30, 2025

Recently Posted in Special Education

  • CALPADS Special Education Data Spring Roadshows (added 02-Apr-2025)
    California Longitudinal Pupil Achievement Data System (CALPADS) Regional trainings in Spring 2025 to inform local educational agencies (LEAs) with updates and changes to the collection of data for students with disabilities.
  • FMTA Consultant Assignments by Region (updated 27-Mar-2025)
    The Focused Monitoring and Technical Assistance (FMTA) Consultants are assigned geographically and by quality assurance activity to align with the eleven California County Superintendents Educational Services Association (CCSESA) regions.
  • California's Annual State Application for 2025 (added 21-Mar-2025)
    Annual State Application under Part B of the Individuals with Disabilities Education Act (IDEA) is to be submitted by May 21, 2025, for federal fiscal year (FFY) 2025.
  • State Administration, 2025 (added 21-Mar-2025)
    List of state statutes, regulations, or policies that are state-imposed and are not required by the Individuals with Disabilities Education Act (IDEA) of 2004.
  • Prohibiting the Use of Prone Restraint (added 25-Feb-2025)
    Notice of the passage of Senate Bill 483 prohibiting the use of prone restraint for all students.