Stick with me, kid, I gotcha.
The IDEA regulations are below with hyperlinks if you want to nerd out on this.
Please remember to always check what your state regulations say about ESY – you may have even more rights under your state regulations.
300.106 Extended school year services.
(a) (2) 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.
(3) In implementing the requirements of this section, a public agency may not—
(i) Limit extended school year services to particular categories of disability;
or
(ii) Unilaterally limit the type, amount, or duration of those services.
See, there it is in black and white with yellow highlight, “a public agency may not unilaterally limit the type, amount, or duration of those services.” Now you may want to stick that little statement in your
back pocket.