File No. 35539
This rule was published in the January 1, 2012, issue (Vol. 2012, No. 1) of the Utah State Bulletin.
Education, Administration
Rule R277-751
Special Education Extended School Year
Notice of Proposed Rule
(Amendment)
DAR File No.: 35539
Filed: 12/14/2011 02:45:36 PM
RULE ANALYSIS
Purpose of the rule or reason for the change:
This rule is amended to provide updated definitions, define extended school year (ESY) eligibility and programs in alignment with the Individuals with Disabilities Education Act (IDEA) and the Utah State Board of Education Special Education Rules, and remove outdated requirements.
Summary of the rule or change:
The amendments provide new and revised definitions, new and revised language for determining eligibility, new and revised language for ESY program standards, and new and revised language for responsibilities.
State statutory or constitutional authorization for this rule:
- Subsection 53A-1-402(1)(c)
- Subsection 53A-1-401(3)
Anticipated cost or savings to:
the state budget:
There are no anticipated costs or savings to the state budget. The amendments to this rule provide updated language to make the rule consistent with IDEA and special education rules which do not result in a cost or savings.
local governments:
There are no anticipated costs or savings to local government. The amendments to this rule provide updated language to make the rule consistent with IDEA and special education rules which do not result in a cost or savings.
small businesses:
There are no anticipated costs or savings to small businesses. This rule and the amendments apply to public education and do not affect businesses.
persons other than small businesses, businesses, or local governmental entities:
There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities. The amendments to this rule provide updated language to make the rule consistent with IDEA and special education rules which do not result in a cost or savings.
Compliance costs for affected persons:
There are no compliance costs for affected persons. The amendments to this rule provide updated language to make the rule consistent with IDEA and special education rules which do not involve any compliance issues.
Comments by the department head on the fiscal impact the rule may have on businesses:
I have reviewed this rule and I see no fiscal impact on businesses.
Larry K. Shumway, State Superintendent
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:
EducationAdministration
250 E 500 S
SALT LAKE CITY, UT 84111-3272
Direct questions regarding this rule to:
- Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at [email protected]
Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:
01/31/2012
This rule may become effective on:
02/07/2012
Authorized by:
Carol Lear, Director, School Law and Legislation
RULE TEXT
R277. Education, Administration.
R277-751. Special Education Extended School Year (ESY).
R277-751-1. Definitions.
[G]A. "Board" means the Utah State Board of
Education.
[
B. "Academic year" means the period of a year,
which may not be less than the period required by state statute,
during which the regular day school is maintained.
]B. "ESY" means extended school year.
[F]C. "ESY program" means the individual
ized education[al] program provided by the school to a student
with a disability during the [extended school year]ESY.
[A]D. "ESY services" means [extended school year services:] special education
and related services [which]that are provided to [eligible]a student[s]
with a disability [during the period of time between the close of one academic
year and the beginning of the succeeding academic year]beyond the normal school year of the LEA, in accordance with the
student's IEP, at no cost to the student's parents, and
meet the standards of the USOE.
E. "FAPE" means a free appropriate public education which includes special education and related services that are provided at public expense, under public supervision and direction, and without charge; meet the standards of the USOE and Part B of the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. 1401(3), include preschool, elementary school and secondary school education in Utah; and are provided in conformity with an IEP that meets the requirements of Part B of the IDEA and Utah State Board of Education Special Education Rules.
F. "IEP" means a written statement of an individualized education program by an IEP team and developed, reviewed, and revised in accordance with Utah State Board of Education Special Education Rules and the Part B of the IDEA.
G. "IEP team" means a group of individuals that is responsible for developing, reviewing, and revising an IEP for a student with a disability.
H. "LEA" means a local education agency which includes school boards/public school districts, charter schools, and, for the purposes of this rule, the Utah Schools for the Deaf and the Blind.
I. "Procedural Safeguards" means the procedural rights designed to protect the rights of students with disabilities and their parents. Requirements are defined in IDEA and Utah State Board of Education Special Education Rules, and include the parent's right to participate in meetings, review educational records, request an independent educational evaluation, receive written prior notice of actions proposed or refused by the LEA, and consent to evaluations and special education services. Procedural Safeguards also describe dispute resolution options.
[C]J. "Regression" means reversion to a lower level
of functioning, evidenced by a decrease in the level of basic
behavioral
or academic patterns
, or both, or skills, which occurs as a result of an
interruption in educational programming. These behaviors or skills
are specified on a student's current IEP.
[D]K. "Recoupment" means recovery of basic behavioral
or academic patterns
, or both, or skills, specified on the IEP, to a level
demonstrated prior to the interruption of educational
programming.
L. "Student with a disability" means a student who meets eligibility criteria for special education and related services, as defined in the Utah State Board of Education Special Education Rules.
M. "USOE" means the Utah State Office of Education.
[
E. "Self-sufficiency" means specific skills and
behaviors which a student must master to achieve an appropriate
level of functioning in view of the student's disability. Each
instructional area in the IEP is analyzed to determine its
relationship to self-sufficiency in view of the student's
needs. The IEP team determines what is an appropriate level of
functioning.
H. "Multidisciplinary team" means an evaluation
team, each member of which is qualified in a specialty area
related to student evaluation, which includes members from a
variety of disciplines. The team must include at least one
teacher, or other professional, knowledgeable in the area of the
student's disability.
I. "MD" means multi-disabilities: concomitant
impairments of two or more disabilities, each one of which
prevents or interferes with normal functioning to the extent that
special education intervention is needed.
]
R277-751-2. Authority and Purpose.
A. This rule is authorized under Utah Constitution Article X, Section 3 which vests general control and supervision of public education in the Board, Section 53A-1-402(1)(c) which directs the Board to adopt rules regarding services to students with disabilities and Section 53A-1-401(3) which allows the Board to adopt rules in accordance with its responsibilities.
B. The purpose of this rule is to specify
the standards for the special education [extended school year]ESY.
R277-751-3. Determining Eligibility.
A. Students eligible for ESY services are:
(1) [those classified with MD]students who have been determined as eligible under Utah State
Board of Education Special Education Rules and Part B of the
IDEA;
and
(2) [those classified as students with severe disabilities under
Section 53A-17a-112(3)]students whose IEP team has determined, based upon a review of
multiple data sources and factors, on an individual basis, an ESY
is required to receive FAPE[;].
[
(3) those requiring an extended school year to remain in
their current least restrictive environment placement;
(4) those for whom attainment of their expected level of
self-sufficiency and independence is unlikely, in view of their
disabilities, without ESY services.
B. The multidisciplinary team must document that a delay
or break in the provision of special education and related
services would result in an education program of little benefit
to the student. Despite the lack of definitive documentation, a
student with severe disabilities may not be denied ESY services
if the IEP team determines the need for such services.
] B. The student's IEP shall reflect the IEP team's decision regarding need for ESY services.
(1) Parents shall be provided with written prior notice of proposal or refusal to provide ESY services.
(2) If determined as eligible for ESY services, the IEP team shall determine the appropriate ESY program, based on the student's individual needs.
(3) ESY eligibility decisions and written prior notice of ESY programs shall be provided to parents in sufficient time to permit accessing dispute resolution options of the Procedural Safeguards, in the event of a dispute.
[
C. The multidisciplinary team shall meet to determine
recommendations for eligibility for ESY services.
(1) if a student is recommended as eligible, the
multidisciplinary team takes necessary steps to convene the IEP
team to develop the student's ESY program. If the need is
documented, the ESY program may be written into the student's
regular IEP;
(2) if a student is recommended as ineligible, the
multidisciplinary team notifies the student's parents in
writing of the decision;
(3) both the written recommendation of ineligibility and
the scheduling of the IEP must be accomplished in sufficient time
to permit any party to exhaust administrative remedies prior to
the beginning of the ESY program. Parents shall be informed of
their rights and of procedures through which they may challenge
the decision of the multidisciplinary or the IEP team.
]
R277-751-4. ESY Program Standards.
A. The primary goal[s] for a[ll] student[s] requiring ESY services [are]is to [become as functionally independent as possible within the
limits of their disabilities and to be maintained in the least
restrictive environment appropriate to their needs. A program of
special education and related services designed to]
maintain [, in the appropriate least restrictive
environment,] the current level of [a]the student's
academic and functional skills and behavior in areas
identified [as crucial in reaching self-sufficiency shall be
developed] by the student's IEP [team]in order to provide FAPE.
[
A. The type and length of the program which a student
requires is determined on an individual basis.
B. New goals and objectives may not be added to a
student's IEP for implementation in the ESY program. Programs
shall consist of activities developed to maintain
self-sufficiency skills identified on the IEP developed for the
academic year.
C. Related services shall be provided when required for
the student's skills to be maintained.
D. The least restrictive environment available during
summer programming must be considered for ESY programs.
] B. LEAs may not:
(1) limit ESY to particular categories of disabilities or particular ages or grade levels of students.
(2) unilaterally limit the type, amount, or duration of ESY services provided for students.
(3) limit data consideration by IEP teams to only an analysis of regression and recoupment.
C. LEAs shall ensure that:
(1) ESY student programs are provided in the least restrictive environment.
(2) ESY teachers and paraprofessionals meet IDEA's highly qualified requirements.
R277-751-5. Division of Responsibilities.
A. The duties of the Utah State Office of Education shall include:
(1) monitoring ESY compliance through:
(a) [district]LEA program administrative reviews
, such as Utah Program Improvement Planning System (UPIPS)
monitoring;
[
(b) making on-site reviews of LEA plans and district
special education policies and procedures;
(c) providing technical assistance; and
] ([d]b) requiring
student attendance and membership accountability.
(2) providing technical assistance to [districts]LEAs;
(3) collecting data on:
(a) the number, disabilities, and levels of students served;
(b) the types of program delivery models used;
(c) costs of the ESY program in LEAs;
([c]d) program effectiveness.
(4) developing guidelines for LEAs.
B. The duties of [local school districts]LEAs shall include:
(1) establishing [district]LEA procedures which are in accordance with Board rules;
(2) providing [in-service workshops]professional development and on-site visits to assure that
Board and [district]LEA procedures are appropriately understood and
implemented;
(3) establishing timelines to accomplish the purposes of this rule;
(4) analyzing [district-wide]LEA needs, reported by professionals, for ESY services for
individual, eligible students;
(5) determining [district]LEA ESY program parameters based upon data received from
educators on individual, eligible students. The parameters shall
include the personnel required to provide special education and
related services, location of services, and budget
specifications;
(6) ensuring parents and professionals
have received information about [due process and grievance]dispute resolution procedures for the appeal of
ESY eligibility [determinations]decisions and
ESY program parameters;
(7) implementing processes to collect program effectiveness data.
[
C. The duties of LEA representatives shall
include:
(1) establishing multidisciplinary team timelines and
programming level procedures in accordance with Board and
district rules and policies:
(a) setting collection timelines for gathering regression
and recoupment data;
(b) identifying students who are potentially eligible for
ESY services;
(c) scheduling multidisciplinary team meetings required
to summarize data and make recommendations regarding
eligibility;
(d) scheduling IEP team meetings to determine eligibility
for ESY services and to develop appropriate ESY
programs.
(2) transmitting relevant information to the
district.
D. The duties of multidisciplinary teams shall
include:
(1) reviewing current IEPs for students identified as
potentially eligible for ESY services. The team shall identify
goals and objectives that are related to areas of
self-sufficiency such as:
(a) areas essential for minimal independence:
(i) muscular control;
(ii) toileting;
(iii) feeding and eating;
(iv) dressing.
(b) physical mobility;
(c) areas necessary for community living:
(i) personal hygiene;
(ii) impulse control;
(iii) basic communication;
(iv) stable relationships as shown by interaction with
peers and adults.
(2) reviewing data and input collected from educators,
other professionals, and parents;
(3) recommending from existing information student
eligibility for ESY services;
(4) setting dates for eligible students' IEP team
meetings;
(5) notifying, in writing, the parents of ineligible
students of the recommendation of ineligibility, informing them
of their rights, and informing them of procedures through which
the recommendation may be challenged. The written notice must be
sent in accordance with district timelines;
(6) reviewing data collection procedures.
E. The duties of educators shall include:
(1) identifying students potentially eligible for ESY
services and verifying the list of students identified as
potentially eligible for ESY services;
(2) identifying IEP goals and objectives related to an
area of self-sufficiency which is required to maintain current
placement. This may be done at the time the IEP is developed for
the academic year;
(3) indicating known or reported conditions or behaviors
that may be exhibited in the educational environment or
elsewhere, that, if not provided for in an appropriate
educational environment or pro-active educational program, may
cause regression. The regression, which must threaten the
physical well-being of the student or others or must damage
property, must jeopardize the least restrictive environment
placement;
(4) establishing and implementing on-going data
collection processes for continuous monitoring of student
progress, including data to provide information about the
following:
(a) how often a review of previously introduced material
is required;
(b) whether the student demonstrates inconsistency in the
mastery retention of skills;
(c) critical stages reached by the student in mastery of
skills related to areas of self-sufficiency;
(d) whether the student requires a more intense rate of
instruction than similar students with a similar disabilities in
order for progress to take place;
(e) regression and recoupment periods for a student based
on a consensus of input from parents, advocates, and
professionals:
(i)(AA) a reasonable recoupment period for a break
planned by the educational agency of eight to twelve weeks is 20
instructional days, of three to four weeks is five to seven
instructional days, or two weeks is three instructional
days;
(BB) exceptions to the number of days constituting a
reasonable recoupment period may be granted on a case-by-case
basis by the IEP team, consistent with the individualized needs
of the student.
(ii) sources of data for documenting regression and
recoupment periods may include:
(AA) achievement of goals on successive IEPs;
(BB) progress reports maintained by educators,
therapists, and others having direct contact with the student
before and after interruptions in the education program;
(CC) reports by parents of negative changes in adaptive
behaviors over break periods;
(DD) medical and other agency reports indicating
degenerative-type difficulties which become exacerbated during
breaks in educational programming;
(EE) observations of educators and others;
(iii) techniques to collect data for documentation may
include:
(AA) daily monitoring;
(BB) behavior checklists, student self-assessments,
parent assessments, and professional assessments;
(CC) documented observation of the student;
(DD) specific professional assignment
evaluations.
(f) the role of a student's parent or guardian in at
home follow-up of education programs which are related to areas
of self-sufficiency, including the following:
(i) the complexity of the program to be carried out at
home;
(ii) the level of expertise required to maintain skills
at home;
(iii) the amount of time required.
(5) retrieving, at specified intervals, data related to
acquired skills and regression and recoupment;
(6) evaluating data in multidisciplinary team
conferences;
(7) reviewing and summarizing, with the multidisciplinary
team, data results in a format required by the district;
(8) meeting with the IEP team to review regression and
recoupment of skills in areas of self-sufficiency.
F. The duties of the IEP team shall include:
(1) reviewing data and documentation related to extended
school year eligibility;
(2) reviewing the recommendations of the
multidisciplinary team and determining eligibility;
(3) developing an extended school year program for
eligible students.
G. The duties of a parent of a student approved for the
ESY services shall include:
(1) meeting with the members of the student's IEP
team to formulate the IEP and identify goals and objectives
related to areas of self-sufficiency;
(2) completing parent questionnaires as
appropriate;
(3) following through with the educational program, as
agreed to, at home in concert with school team efforts.
]
KEY: exceptional children, extended school year
Date of Enactment or Last Substantive Amendment: [1987]2012
Notice of Continuation: March 3, 2008
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-402(1)(c); 53A-1-401(3); 53A-17a-112(3)
Additional Information
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For questions regarding the content or application of this rule, please contact Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at [email protected].