Section R277-751-4 - ESY Program Standards(1) The primary goal for a student requiring ESY services is to maintain the current level of the student's academic and functional skills and behavior in areas identified by the student's IEP in order to provide FAPE.(2) LEAs may not limit ESY to: (a) particular categories of disabilities;(c) particular grade levels of students.(3) An LEA may not unilaterally limit the type, amount, or duration of ESY services provided for students.(4) An LEA may not limit data consideration by IEP teams exclusively to an analysis of regression and recoupment.(5) In addition to a student's degree of regression and the time necessary for recoupment, an IEP team may also consider the following factors in considering whether ESY services are appropriate:(a) the ability of a student's parents to provide educational structure at home;(b) a student's rate of progress;(c) physical or behavioral concerns regarding a student;(d) availability of alternative resources;(e) ability of a student to interact with students without disabilities;(f) areas of a student's curriculum that need continuous attention;(g) a student's vocational needs;(h) whether requested services are extraordinary for a student's condition, as opposed to an integral part of a program for populations of students with the same disability;(j) preschool or post-secondary transition needs;(k) anecdotal reports from teachers parents, caregivers, and related service providers; and(l) data from measures of daily performance such as:(i) statewide assessment data;(ii) norm-referenced test data;(6) An LEA shall ensure that: (a) an ESY student receives services in the least restrictive environment; and(b) ESY teachers and paraprofessionals meet Board licensing rules.Utah Admin. Code R277-751-4
Amended by Utah State Bulletin Number 2018-11, effective 5/8/2018Amended by Utah State Bulletin Number 2023-11, effective 5/23/2023