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with Disabilities Education Act (IDEA) and the Utah State Board of Education Special Education Rules, and remove outdated requirements.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:

Education
Administration
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 carol.lear@schools.utah.gov

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)

 


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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 carol.lear@schools.utah.gov.