DMSELPA Policies and Procedures

The severity of a child’s disability is a primary consideration in determining eligibility for ESY. Based on the Reusch v. Fountain case, the IEP team should consider the child’s age, severity of the disability, presence of medically diagnosed health impairments, attainment of self-sufficiency, and development of an emerging, critical skill that will be lost due to interruption. Other factors to consider are regression rate and recoupment time in relation to normal rates, behavioral and physical problems, curricular areas which would be adversely impacted, and vocational needs. Younger children with medically diagnosed health impairments are more likely to be referred for ESY due to degenerative diseases and/or high absenteeism as a result of the health impairment. Mental health problems may also have an impact on a child’s ability to maintain appropriate social, emotional and/or behavioral expectations when school is not in session and lead to regression in skills. The ability of the more mentally and physically challenged children to maintain self-sufficiency skills will continue to be a key issue in determining ESY eligibility. The IEP team should utilize the questions on SELPA form D/M 68I as a guideline in determining the need for ESY (Exhibit D). Once ESY services are determined as necessary based on data collected and regression- recoupment rate, the IEP team must include a description of the services required by the child in his/her IEP in order to receive FAPE during the provision of ESY. The Desert Mountain Special Education Local Plan Area (SELPA) developed an “Extended School Year (ESY) Worksheet” (Exhibit D/M SELPA form D/M 68I) to assist IEP team members in this decision-making process. The Case Carrier begins the form by identifying the child’s name, date of birth, grade, school, LEA, and Regular School Year Special Education Services. Various people (e.g., special education teacher, general education teacher, related services personnel, parent, and/or administrator) may provide information to complete the multiple criteria considerations in all areas of need. These should include: • Teacher observations, running records, and benchmark measures; • Progress toward goals/objectives; • Evidence of regression following break; • Evidence of difficulty recouping information and/or skills following break; • Consideration of other options available; and • Other factors. With the above information in hand, the IEP team proceeds to answering the series of questions on SELPA form D/M 68I (Exhibit D). The form is included in the child’s IEP. This determination of need for ESY services needs to be completed annually.

Chapter 5 – Supports and Services, Desert/Mountain SELPA As of 10/18/19 D/M SELPA Steering Committee Approval

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