La. Admin. Code tit. 28 § LVII-705
Current through Register Vol. 50, No. 9, September 20, 2024
Section LVII-705 - Extended School Year Individualized Education Program (ESY-IEP): Instructions for Use of the ESY-IEPA.1. The ESY-IEP is to be written prior to the student beginning the extended school year program. Before the ESY-IEP meeting begins, the teacher should ensure that the parent(s)/student has: a. received a copy of the ESYP fact sheet and a copy of their educational rights;b. had an opportunity for an oral explanation of each; andc. received answers to any questions they may have.2. The ESYP fact sheet must be given to the parent(s) once a year; this step should occur at the annual IEP meeting. If the parent(s) received the ESYP fact sheet at the annual IEP, then he or she does not have to be given another copy.B. The ESY-IEP team must keep in mind that the major purpose of ESYP is to extend instruction from the regular school year. An extended school year program should not attempt to remediate all areas of deficit. NOTE: In planning the student's extended school year program, reasonableness, flexibility, and professional judgement must be exercised.
C. The numbers below correspond to the numbers on the ESY-IEP form on file at the department. 1. System a. The name of the local education agency (LEA) developing the ESY-IEP.2. Student's Name a. The student's full name.3. ID# a. A student's identification number or computer code number assigned to the student: it must be the same number as that recorded on the regular school year IEP.4. DOB a. The student's date of birth.5. Homebased School a. The name of the school the student attended during the current school year. (If the student was not served in a school, the current environment-such as home, hospital, or detention facility-is identified.)6. Primary Exceptionality a. The primary exceptionality, as indicated on the student's evaluation report: it must be the same as that recorded on the regular school year IEP.7. Secondary Exceptionality a. Any secondary exceptionality(ies) as indicated on the evaluation report: it must be the same as that recorded on the regular school year IEP.8. ESYP Screening Date a. The actual date the screening decision/determination of eligibility was made. (Since screening can begin March 15 every year, this date will be between March 15 and the annual screening date/first Friday after Easter.)9. ESYP Meeting Date a. The actual date(s) the ESY-IEP meeting(s) was held to design the extended school year program.10. Check only if Applicable a. If the ESY-IEP meeting was requested either by the parent or by school personnel to review or determine eligibility for extended school year services, check the statement that applies. If there was no request for a meeting to review or determine eligibility, this item is left blank.11. Eligibility Determined a. The criterion or criteria by which the student qualified for ESYP. NOTE: If a student qualified according to the critical point of instruction criterion, either the number 1 or 2 is the appropriate component.
b. In cases in which an ESY-IEP meeting was held to review and/or determine eligibility (Paragraph 10 above). i. If the student is determined ineligible, "Ineligible" is checked and the reason this determination was made is to be documented. (This description/narrative is written on the ESY-IEP or on another page and attached to the ESY-IEP.) Blocks 1 through 11 are to be completed, participants of the meeting are to sign as participants in block 12, and the parent is to sign block 31 indicating agreement with the decision. (a). If the student is found ineligible and the parent disagrees, indicate in the COMMENTS section or on another page and attach to the ESY-IEP, the reason the parent disagrees. (i). The parent(s) must be informed of his or her due process rights and procedures.(b). If the student is determined eligible , check the criterion/criteria by which s/he qualified.c. In cases in which an ESY-IEP meeting is held to make an extenuating circumstances decision, see below. i. If the student is determined ineligible, "Ineligible" is checked and the reason this determination was made is explained. (This description/narrative is written on the ESY-IEP or on another page and attached to the ESY-IEP.) Blocks 1 through 11 are to be completed, participants of the meeting are to sign as participants in block 12, and the parent is to sign block 31 indicating agreement with the decision. (a). If the student is found ineligible and the parent(s) disagrees, indicate in the comments section or write on another page and attach to the ESY-IEP the reason the parent disagrees. (i). The parent(s) must be informed of his or her due process rights and procedures.(b). If the student is determined eligible, "Extenuating Circumstances" is checked. The narrative explanation must be written on the ESY-IEP or on another page and attached to the ESY-IEP.12. ESY-IEP Participants a. ESY-IEP team members who attend the conference sign and state their positions such as principal, coordinator, supervisor, physical therapist, assessment teacher, etc. Signatures in this section indicate attendance at the meeting, not agreement with the IEP. Participants must include the student's regular-school-year and ESYP teacher(s), parent(s), ODR, and student unless the parent(s) waives that right.13. ESYP Needs a. Describe the specific areas of current performance and specific needs the student has for instruction and services during the ESYP based on the criterion/criteria by which the student qualified. For example, the student may need to use a calculator, respond to specific reinforcers, need certain prompts or cues, etc.14. Selection of Goal(s) and Objective(s) a. The regular school year IEP and the criterion/criteria by which the student qualified for the ESYP are the basis upon which the ESY-IEP is written. There is a specific process to use in making decisions about the goal(s) and objectives(s) for the ESYP, dependent upon the eligibility criterion/criteria used in determining the student eligible. Refer to the instructions for identifying goals(s) and objective(s) according to areas of eligibility before completing these blocks: i. regression-recoupment;ii. critical point of instruction;iii. self-injurious behavior;viii. extenuating circumstances.b. There is no minimum or maximum number of goal(s) and objectives to be identified for ESY instruction. The number of objectives identified for the ESYP instruction is based on individual student need. The IEP team should carefully consider the purpose of extended school year services and the criterion/criteria under which the student qualified for ESYP. The major purpose of the ESYP is to extend instruction from the regular school year. The ESYP is not a program aimed at remediating all areas of deficit. i. If the ESY-IEP team identifies goal(s) and objective(s) from the regular school year IEP, write the educational needs code [i.e., A/C (Academic/Cognitive), B (Behavior), S (Social), H (Self-Help), C (Communication), M (Motor) and V (Vocational)] and objective number; then paraphrase the objective. Include enough specificity so that the skills and criterion level are evident.ii. If the ESY-IEP team determines that specific new goal(s) and/or objective(s) must be written, follow the process below.(a). Write the education needs code [i.e., A/C (Academic/Cognitive), B (Behavior), S (Social), (Self-Help), C (Communication), M (Motor) and (Vocational)].(b). Write a goal to be completed in the ESYP; then write complete objective(s) to meet the goal and number them. This goal(s) and objective(s) are for only the duration of the ESYP. NOTE: If more space is needed when writing objectives, use another ESY-IEP form. Indicate page of___ on each page of the form and complete all identifying blanks at the top of the page especially #1-9.
15. Integration Important a. The decision about the need for integration is based on each individual objective.b. For example, it would be important to have integration with non-disabled persons to achieve an objective regarding grocery shopping at a local store. This objective would be implemented in the community where integration will take place. Write "yes" in the Integration Important block on the ESY-IEP.c. On the other hand, it may not be important to have integration in order to achieve objectives related to mathematical computations. This objective does not necessitate the presence of non-disabled peers/persons to work on mathematical problems. Write "no" in the integration important block.d. Write "yes" or "no" for each objective to indicate whether it is important for the student to be integrated with non-disabled persons to achieve that objective.16. Personnel Responsible a. There is no rule as to the personnel who must implement an objective. That decision is made based on each objective.b. Who is needed to work on the objective?i. With integrated IEPs and team collaboration, it may be that the teacher can work on certain communication and motor skills during the ESYP and there is no need for the speech-language pathologist or OT to assist; or it may be that only the speech- language pathologist or OT is needed. It may be that the teacher needs consultation with the therapist, but there is no need for direct service. The decision is made objective by objective. Personnel responsible may be different for each objective.c. Parent(s)/family/caregiver(s) should be involved in the student's ESY program. The family/caregiver involved can be written in as personnel responsible in addition to the local education agency personnel. Consider the following questions.i. Would the home environment facilitate functional practice?ii. What is the child's usual summer environment during the instructional day (e.g., home, child care center)?iii. Is the family/caregiver available and able to participate in the reinforcement of skills?d. For each objective, write the title of the person(s) who will be responsible or implementing each objective(s) (classroom teacher, speech language pathologist, APE teacher, counselor, OT, PT, etc.). Abbreviations may be used, such as cl. tch., SLP, APE tch.17. Settings a. The ESY-IEP team discusses the setting or settings where the extended school year program should take place. The team determines the best setting to implement the ESY-IEP objectives. One or more settings may be selected, depending on the ESY objectives.b. For example, an objective related to grocery shopping must be carried out in the community, whereas, an objective related to mathematical computation may be carried out in the home or at school.c. The site selected must be reasonable. For example, if the parent(s) works, and there is nobody in the home, then home would not be a reasonable place to provide services.d. The settings are numbered according to primary (1), secondary (2), etc. If a student will receive services in only one setting, the numeral one or a check ( [RIGHT]) is to be entered.e. Examples i. For a student who will receive services on the regular school campus, the numeral one or a check ( [RIGHT]) is to be entered.ii. For a student who will be at school (most of the time) and in the community (2x/wk, or less time than at school), the numeral one is entered for "Regular School Campus" and the numeral two is entered for "Community." If time between the two settings will be about the same, it does not matter which is indicated as one or two.18. Date ESYP to Begin a. The ESY-IEP team should discuss things that may occur that will interfere with the student's attendance at the ESYP. There may be a family vacation scheduled, surgery may be scheduled at a certain time, or the student may be going to visit family out of state, etc. This information can then be taken into account in scheduling the ESYP.b. The amount or duration of ESY services cannot be unilaterally limited for all students. However, when planning for many students it may be appropriate to consider the local education agency's summer calendar. The local education agency's summer calendar may not be available at the time of the ESY-IEP meeting, so the team may estimate the date to begin based on the duration of services determined to be needed by the student (#22 below).c. For example, the team does not know the exact dates the local education agency will be open during the summer months, but school ends on May 31st and starts again in the fall on August 22nd. They have determined that a given student needs a program six weeks long to acquire identified skills (regression-recoupment is not a concern). Considering the need for a short break, the team indicates the date to begin as June 17th.d. A different student in the same local education agency has serious regression-recoupment problems after a two-week break in instruction (indicated by data collected during the regular school year); therefore, the team indicated the date to begin as June 10th (only a one week break in order to avoid serious regression).e. Date ESYP to End 1. To continue with the students used in the examples above;2. the team indicated that the date to end the ESYP for the first student would be July 26th, thus giving that student a six-week program;3. for the second student mentioned above, the team indicated August 8th as the date to end the ESYP so there would not be more than a two week break before the next school year began and little time for regression-recoupment problems.19. Progress Report(s) a. Indicate the intervals (e.g., every two weeks, four weeks, or a check ( [RIGHT]) at the end of the ESYP) at which time progress reports will be sent home. At a minimum, progress reports must be sent to the parent(s) within ten business days after the completion of the ESYP.20. Instructional Resources Needed for ESYP a. The team now determines the service(s) the student will need to receive during the ESYP. The ESY-IEP team has already determined the personnel needed to provide the service(s) (see Paragraph 17 above) and now the service(s) is indicated on the ESY-IEP.b. If the teacher is the only person needed to implement the ESY-IEP objective(s), then only the special education instruction section will be completed.c. If the teacher and physical therapist are needed to implement the ESY-IEP objectives, then Special Education Instruction and Physical Therapy (written in a blank space) are completed.d. Spaces for Special Education Instruction, Speech/Language Therapy, and Adapted Physical Education are included on the form. Other services needed, such as Physical Therapy, must be written in a blank space provided on the form.21. Duration a. The team will determine the number of weeks needed to address the objectives and needs of the student. Indicate duration in weeks of how long each service will last. In making this determination, the following should be considered. i. What is the longest period of time the student can go without instruction to avoid negative impact on his or her current skill level? (Use student performance data to make this determination such as, the Regression-Recoupment Summary Form data.)ii. The student may need to acquire skills necessary to keep him/her in the least restrictive environment and needs only a few weeks to accomplish those skills.iii. Refer to Paragraph 24 below regarding instructional focus of acquisition/fluency and maintenance.b. Not all students need the same program length. The IEP is an individual, student-based decision.c. There may be cases in which students must remain at a site longer than the time indicated on the ESY-IEP because of transportation difficulties. For example, the local education agency may not be able to run buses every 30 minutes to an hour in order to accommodate the various ESY programs of all the students. If this is the case, the student must be supervised. The need to remain at the site because of transportation difficulties is indicated in the comments section.22. Individual/Group a. When applicable, indicate whether services will be delivered on an individual basis or in a group.23. Minutes/Session a. The team will determine the amount of time per day needed to provide instruction on the ESYP objectives.b. Consider these questions. i. How long will it take to provide instruction on the ESYP objective(s)?ii. If the community is a setting, how much time is needed to travel to instructional site(s)?iii. What is the longest instructional period that will hold the student's attention?c. For example, for three objectives for mathematical computation, the team decides the objectives can be addressed in 60 minutes. For one objective involving grocery shopping for five to ten lunch items, the team decides the objective can be addressed in 90 minutes.d. Indicate the number of minutes per session it will take to work on the objective(s) identified for the ESYP. The number of minutes per session may be different for each service based on the amount of time needed to address the various objectives.24. Sessions/Week a. The team determines the number of sessions per week needed for the student to complete his or her ESY program.b. Consider the following questions. i. Is the instructional focus acquisition/fluency ? (a). If yes, consider an intensive instructional schedule that provides an opportunity for sufficient repeated practice to master the identified skills.ii. Is the instructional focus maintenance ? (a). If yes, consider an instructional schedule that provides for periodic assessment of the student's skill performance over a longer period of time to assure and check for maintenance. For example, a student qualified under regression-recoupment, and the team determined that a schedule of two sessions/week for seven weeks could allow for maintenance of the skills/objectives and ensure against regression-recoupment problems, since there would not be a lengthy break between the time school ends (spring) and before the next school year begins (fall). c. Indicate the number of sessions per week for each service the student requires to meet the objectives. The sessions per week may be different for each service based on individual student need. Note frequency and duration of services. i. It is the responsibility of the special education administration to schedule the specific days of the week and beginning and ending date options to accommodate each student's program. To any student that needs an extensive program, the local education agency must make available at a minimum a program such that the total length of breaks at the end of the school year and before the beginning of the next school year cannot exceed three weeks. This is not to be interpreted as a limit on the length of ESY programs but a minimum length of program to consider for a student who requires an extensive program. As indicated throughout this process, duration is based on the individual needs of the student.25. Location a. The location where services will be provided (both direct and related services). Setting should reflect location.26. Primary Service Provider a. The professional who will provide each listed service by title: e.g., teacher, speech-language pathologist, nurse, PT, social worker, counselor, etc.27. Comments a. This block should be used to add additional information needed to clarify issues concerning the student's ESY-IEP.b. Examples i. The student will remain on campus longer than specified on the ESY-IEP (minutes per day), in supervised activities, because of transportation issues.ii. The parent(s) declined services because they are going on vacation, or are not happy with services, etc.28. Procedural Safeguards a. The parent/legal guardian places a check ( [RIGHT]) indicating s/he has received copy of the procedural safeguards.29. Officially Designated Representative a. The officially designated representative (ODR) of the local education agency must date and sign his or her name indicating the local education agency will provide the services agreed to on the ESY-IEP.30. Parent Approves ESY-IEP a. The parent/guardian/surrogate parent/competent major/student accepts the ESYP and signs and dates to indicate "fully informed consent."31. Parent Declines ESYP a. If the parent declines the extended school year program, write the reason the parent declined service(s) in the comments section and have the parent sign. NOTE: If a parent indicates early in the ESY-IEP meeting that s/he does not want the student to attend the ESYP, the teacher with primary responsibility must complete only 1-12 and write the reason for declining. The parent must sign the form.
b. If the parent(s) is not satisfied with ESY-IEP programming decisions and consensus cannot be reached, the parent(s) must be informed of his or her due process rights and procedures.32. Transportation a. Just as during the regular school year, transportation must be offered in cases in which it is necessary. As with other services, the IEP team should recommend transportation services in the least restrictive, most appropriate mode available. The transportation recommended must be reasonable and at no cost to the parent(s).b. For example, it would not be reasonable for the only offer of transportation to be parental reimbursement if the parent works or does not have a car. Mileage reimbursement may be used as a transportation option only if the parent(s) is willing to transport his or her son/daughter.c. Circle "yes" if transportation is to be provided for the student and describe the type (e.g., school bus, contracted carrier, parental reimbursement).d. Circle "no" if there is no need to provide transportation (e.g., the student chooses to walk to school).La. Admin. Code tit. 28, § LVII-705
Promulgated by the Board of Elementary and Secondary Education, LR 30:2007 (September 2004).AUTHORITY NOTE: Promulgated in accordance with R.S. 17:1941 et seq.