extended school year decision determination process february 3, 2015 2014 -20151
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Extended School Year Decision Determination Process
February 3, 2015
2014 -2015
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Extended School Year (ESY)
ESY as defined by State Board Policy 7219 and the Individuals with Disabilities Education Act (IDEA) means special education and related services that are provided to a child with a disability—
• Beyond the normal school year of the public agency;• In accordance with the child's Individualized Education
Program (IEP); and• At no cost to the parents of the child.
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Extended School Year (ESY)
The need for an ESY program must be considered for all students• Ages 3 – 20 years old (per current state law);• With current eligibility; and• With a current IEP.All students meeting the above conditions must be considered using all criteria for determining the need for ESY services.
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Extended School Year (ESY)
Students with disabilities who turn twenty-one (21) during the school year who are eligible for ESY services may be served in an ESY program as determined by the IEP Committee.
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Extended School Year (ESY)
Individuals with Disabilities Education Act (IDEA) §300.106
– Each public agency must ensure that ESY services are available as necessary to provide a Free Appropriate Public Education(FAPE), consistent with State Board Policy 7212.
– ESY services must be provided only if a child’s IEP Committee 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.
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Extended School Year (ESY)
In implementing the ESY requirements, a public agency may not limit ESY services to particular categories of disability or unilaterally limit the type, amount, or duration of those services.
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Extended School Year (ESY)
• Designed to maintain student mastery of critical skill(s) and objectives on the IEP achieved during the regular school year;
• Designed to maintain a reasonable readiness to begin the next year;
• Based on multi-criteria and not solely on regression.
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Extended School Year (ESY)
Extended school year is a part of the continuum of placement opportunities available to students with disabilities and is a part of the student’s IEP.
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Extended School Year (ESY) is Not:
• A mandated 12 months service for all students with disabilities;
• Required for the convenience of the school or parents and therefore cannot serve as a daycare or respite care service;
• Necessary to continue instruction on all of the previous year’s IEP goals during the ESY period; and
• Considered to help the student with disabilities advance in relation to his or her peers.
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Extended School Year (ESY) Standards
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Components Standards
Qualifying Criteria
Standard 1: Local education agencies shall ensure that ESY qualifying criteria are completed in accordance with State ESY guidelines.
Standard 2: Parents shall be advised of and involved in the ESY qualification process.
Planning Standard 1: Local education agencies shall ensure that the ESY program of each child is individually designed, reflects high priority needs, and includes services necessary to conduct the program.
Standard 2: Parents shall be given opportunities to be involved actively in the design and implementation of the ESY.
Standard 3: Local education agencies shall ensure that there is ongoing communication between regular school year staff and ESY staff sufficient to ensure program continuity.
Implementation Standard 1: Local education agencies shall continue to address LRE factors, including integration with nondisabled persons, in the implementation of the ESY program.
Standard 2: Local education agencies shall ensure that the services listed on the IEP are provided.
Standard 3: Local education agencies shall ensure that instructional activities conducted during ESY are documented.
Evaluation Standard 1: Local education agencies shall ensure that instructional personnel measure and report child outcomes.
Standard 2: Local education agencies shall evaluate ESY outcome data to determine program effectiveness.
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Extended School Year (ESY) Guidance
• All students ages 3-20 with a current eligibility and a current IEP must be considered.
• Objectives on the current IEP and all student performance data must be reviewed.
• Data must be examined using all criteria. The student with disabilities may be determined to need ESY services according to one or more of the criteria.
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Extended School Year (ESY) Guidance
• The intent of the ESY service is not to ensure students pass a class or to remediate all deficits noted during the school year.
• All members of the IEP Committee have input into the decision making process. They are to use professional judgment and make the ultimate decision whether the student needs ESY to receive a (FAPE).
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Extended School Year (ESY) Criteria
The following criteria are used to determine a student’s need for ESY:• Regression–Recoupment (R-R)• Critical Point of Instruction (CPI)• Extenuating Circumstances
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Regression-Recoupment (R-R)
• R-R can be characterized as a significant regression of previously-learned skills during a break in service, and limited or delayed recoupment of these skills after services resume.
• R-R occurs when the amount of time required to relearn skills or behaviors becomes so significant that it interferes with the ongoing educational process.
• Example: A loss of skill on IEP objective(s) after at least two (2) breaks in instruction without regaining the documented level of skill(s) prior to these breaks within the specified period.
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Break In Instruction
• A break of at least five (5) consecutive instructional days
• Examples: Fall break; Christmas break; Spring break
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Critical Point of Instruction
Students with disabilities may be eligible for ESY if there is evidence that ESY is needed to allow the student to maintain progress during a critical point of instruction.
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Critical Point of Instruction (CPI-1)
Utilized to prevent a loss of general education class time OR an increase in special education service time.
• Example: The student may not be keeping up with work in the general education class and the IEP Committee is considering movement to a more restrictive setting.
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Critical Point of Instruction (CPI-2)Utilized to prevent a loss of significant progress made toward the acquisition and/or maintenance of a critical skill.• Example: A ten-year old child with Multiple
Disabilities has just learned to activate an augmentative communication device to answer basic questions and will not retain this skill unless it is practiced consistently in a structured setting.
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Extenuating Circumstances
After the IEP Committee has reviewed student performance data and decided the student does not meet either Regression-Recoupment or Critical Point of Instruction criterion, unusual situations or circumstances may exist which result in the IEP Committee determining the student is in need of ESY services.
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Extenuating Circumstances
Example: A child enters the school at some point during the year with little or no assessment data or information from the sending school district and the IEP Committee does not have the time to collect the data as needed to determine regression-recoupment (e.g., they did not have two (2) breaks in instruction from which to collect data) or critical point of instruction. However, the IEP Committee has some data that indicate the child will experience regression on critical skills without the continued provision of special education services.
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Extenuating Circumstances
In extenuating circumstances the IEP Committee must use all available data, their knowledge of the child, and their professional judgment to determine the child’s need for ESY services.
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ESY Decision-Making
It is recommended that the decisions regarding the student’s need for ESY services be submitted annually between January 15th and April 15th.
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ESY Decision-Making
However, if any child with a disability enrolls in school or will be three (3) years old after the April 15th date, the IEP Committee must still consider ESY as a part of FAPE and amend the ESY Project, if necessary.
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ESY Decision-Making
• All decisions regarding the need for the provision of ESY services must be based upon data that should be collected throughout the school year.
• A review of all student performance data must be completed and considered when determining a student’s need for ESY services.
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EXTENDED SCHOOL YEAR (ESY) This child attends a twelve (12) month program. Determination of ESY Decision Determination Date:
All of the following criteria used in determining eligibility must be considered: Regression-Recoupment: Refers to a child’s loss of a skill on IEP objective(s) after at least two (2) breaks in
instruction without regaining the documented level of skill(s) prior to the break within the specified period. Critical Point of Instruction 1: Refers to the need to maintain a child’s critical skill to prevent a loss of general
education class time or an increase in special education service time. Critical Point of Instruction 2: Refers to a point in the acquisition or maintenance of a critical skill during which a
length break in instruction would lead to a significant loss of progress. Extenuating Circumstances: Refers to special situations that jeopardize the child’s receipt of a FAPE unless ESY
services are provided NOTE: Although ESY services typically focus on existing annual goals or STIO/Bs, the IEP Committee may determine the child needs to master a new goal or objective to be able to master or maintain the critical skill identified as the basis for ESY services. Only in this situation may the IEP Committee write a new goal and/or objective to address this critical skill.
The type or severity of the child’s disability must cause the skills learned by the child during the regular school year to be significantly jeopardized if he/she does not receive ESY. This child’s situation MEETS criteria for ESY Services. This child’s situation DOES NOT MEET the criteria for ESY Services
Document the basis for the decision. Documentation of how the decision was made MUST be in the child’s file.
Measurable Annual Goals or Short-Term Instructional Objectives/Benchmarks (STIO/B) These must be existing measurable annual goals or STIO/Bs except for situations as described in the note above.
TA MOM Report of Progress
CLP PAG
TA = Transition
Activity
Methods of Measurement (MOM) Report of Progress OBS = Observation CRT = Criterion Reference Test CBM = Curriculum Based Measure
WS = Work Samples D/P = Demonstration/Performance Other:
CLP = Current Level of Performance PAG = Progress on Annual Goal See Annual Goal page for codes
A Progress Report will be given to parents every week(s) or at the end of the child’s ESY services on
Date(s) progress report given to parent
Types of Service # of
Weeks Duration/
Frequency
Area (See Special Education
and Related Service page for code)
Location Start Date End Date
Educational Services Related Services** Transportation
Other: Other:
** Any related services provided (except transportation) must have a corresponding measurable annual goal or STIO/B.
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ESY Decision-Making
• Determination of the need for ESY services should flow from, and be incorporated within, the IEP meeting(s) and regular school year program and instructional data.
Determining if a student is in need of ESY services is integrated within everything the IEP Committee [including family member(s)] is already doing when making instructional decisions on a regular basis throughout the student’s program.2014 -2015
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On-Going Data Collection
The student’s performance on goals and objectives on the IEP is monitored on an on-going basis throughout the school year. The assessment data collected should indicate the progress the student makes toward acquisition of his or her goals and objectives and may include, for example:
– Grades– Class/subject tests
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On-Going Data Collection
– Performance based assessments– Portfolio entries– Student work samples– State & district accountability tests– Progress reports– Behavior checklists– Task analyses– Teacher observation logs– Other
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On-Going Data Collection
The data that are collected on an on-going basis throughout the school year, and used to make instructional decisions for the student, are the basis for making ESY decisions.
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ESY Determination Re-Cap
• At the annual IEP meeting, the teacher/IEP Committee should:
• Discuss the student’s progress and related issues (including ESY)
• Explain and give the parent(s)/legal guardian the ESY Fact Sheet.
• Discuss the R-R and CPI criteria, as well as the possibility of extenuating Circumstances.
• Discuss on-going data collection techniques that will be used to make instructional decisions, including determining the need for ESY.
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ESY Determination Re-Cap
• During the school year the teacher/IEP Committee should:
• Collect student performance information/assessment data.• Review the student’s progress/lack of progress regularly.
• As part of the annual IEP meeting or as a separate meeting specific to ESY examine the student’s instructional data to review performance and progress and determine the need for ESY services.
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ContactValecia Davis, Coordinator
Tanya Bradley, Bureau [email protected] of Special Education
Division of Technical Assistance
Roscoe [email protected]
Office of Special EducationDivision of Program Management
(601) 359-3498
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