1. Extended School Year Decision Determination Process February 3, 2015 2014 -20151

2. Extended School Year (ESY) ESY as defined by State Board Policy 7219 and the Individuals with Disabilities Education Act (IDEA) means special education and related services that are provided to a child with a disability— Beyond the normal school year of the public agency; In accordance with the child's Individualized Education Program (IEP); and At no cost to the parents of the child. 2014 -20152

3. Extended School Year (ESY) The need for an ESY program must be considered for all students Ages 3 – 20 years old (per current state law); With current eligibility; and With a current IEP. All students meeting the above conditions must be considered using all criteria for determining the need for ESY services. 2014 -20153

4. Extended School Year (ESY) Students with disabilities who turn twenty-one (21) during the school year who are eligible for ESY services may be served in an ESY program as determined by the IEP Committee. 2014 -20154

5. Extended School Year (ESY) Individuals with Disabilities Education Act (IDEA) §300.106 – Each public agency must ensure that ESY services are available as necessary to provide a Free Appropriate Public Education(FAPE), consistent with State Board Policy 7212. – ESY services must be provided only if a child’s IEP Committee determines, on an individual basis, in accordance with §§300.320 through 300.324, that the services are necessary for the provision of FAPE to the child. 2014 -20155

6. Extended School Year (ESY) In implementing the ESY requirements, a public agency may not limit ESY services to particular categories of disability or unilaterally limit the type, amount, or duration of those services. 2014 -20156

7. Extended School Year (ESY) Designed to maintain student mastery of critical skill(s) and objectives on the IEP achieved during the regular school year; Designed to maintain a reasonable readiness to begin the next year; Based on multi-criteria and not solely on regression. 2014 -20157

8. Extended School Year (ESY) Extended school year is a part of the continuum of placement opportunities available to students with disabilities and is a part of the student’s IEP. 2014 -20158

9. Extended School Year (ESY) is Not: A mandated 12 months service for all students with disabilities; Required for the convenience of the school or parents and therefore cannot serve as a daycare or respite care service; Necessary to continue instruction on all of the previous year’s IEP goals during the ESY period; and Considered to help the student with disabilities advance in relation to his or her peers. 2014 -20159

10. Extended School Year (ESY) Standards 2014 -201510

11. Extended School Year (ESY) Guidance All students ages 3-20 with a current eligibility and a current IEP must be considered. Objectives on the current IEP and all student performance data must be reviewed. Data must be examined using all criteria. The student with disabilities may be determined to need ESY services according to one or more of the criteria. 2014 -201511

12. Extended School Year (ESY) Guidance The intent of the ESY service is not to ensure students pass a class or to remediate all deficits noted during the school year. All members of the IEP Committee have input into the decision making process. They are to use professional judgment and make the ultimate decision whether the student needs ESY to receive a (FAPE). 2014 -201512

13. Extended School Year (ESY) Criteria The following criteria are used to determine a student’s need for ESY: Regression–Recoupment (R-R) Critical Point of Instruction (CPI) Extenuating Circumstances 2014 -201513

14. Regression-Recoupment (R-R) R-R can be characterized as a significant regression of previously-learned skills during a break in service, and limited or delayed recoupment of these skills after services resume. R-R occurs when the amount of time required to relearn skills or behaviors becomes so significant that it interferes with the ongoing educational process. Example: A loss of skill on IEP objective(s) after at least two (2) breaks in instruction without regaining the documented level of skill(s) prior to these breaks within the specified period. 2014 -201514

15. Break In Instruction A break of at least five (5) consecutive instructional days Examples: Fall break; Christmas break; Spring break 2014 -201515

16. Critical Point of Instruction Students with disabilities may be eligible for ESY if there is evidence that ESY is needed to allow the student to maintain progress during a critical point of instruction. 2014 -201516

17. Critical Point of Instruction (CPI-1) Utilized to prevent a loss of general education class time OR an increase in special education service time. Example: The student may not be keeping up with work in the general education class and the IEP Committee is considering movement to a more restrictive setting. 2014 -201517

18. Critical Point of Instruction (CPI-2) Utilized to prevent a loss of significant progress made toward the acquisition and/or maintenance of a critical skill. Example: A ten-year old child with Multiple Disabilities has just learned to activate an augmentative communication device to answer basic questions and will not retain this skill unless it is practiced consistently in a structured setting. 2014 -201518

19. Extenuating Circumstances After the IEP Committee has reviewed student performance data and decided the student does not meet either Regression-Recoupment or Critical Point of Instruction criterion, unusual situations or circumstances may exist which result in the IEP Committee determining the student is in need of ESY services. 2014 -201519

20. Extenuating Circumstances Example: A child enters the school at some point during the year with little or no assessment data or information from the sending school district and the IEP Committee does not have the time to collect the data as needed to determine regression-recoupment (e.g., they did not have two (2) breaks in instruction from which to collect data) or critical point of instruction. However, the IEP Committee has some data that indicate the child will experience regression on critical skills without the continued provision of special education services. 2014 -201520

21. Extenuating Circumstances In extenuating circumstances the IEP Committee must use all available data, their knowledge of the child, and their professional judgment to determine the child’s need for ESY services. 2014 -201521

22. ESY Decision-Making It is recommended that the decisions regarding the student’s need for ESY services be submitted annually between January 15th and April 15 th. 2014 -201522

23. ESY Decision-Making However, if any child with a disability enrolls in school or will be three (3) years old after the April 15th date, the IEP Committee must still consider ESY as a part of FAPE and amend the ESY Project, if necessary. 2014 -201523

24. ESY Decision-Making All decisions regarding the need for the provision of ESY services must be based upon data that should be collected throughout the school year. A review of all student performance data must be completed and considered when determining a student’s need for ESY services. 2014 -201524

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26. ESY Decision-Making Determination of the need for ESY services should flow from, and be incorporated within, the IEP meeting(s) and regular school year program and instructional data. Determining if a student is in need of ESY services is integrated within everything the IEP Committee [including family member(s)] is already doing when making instructional decisions on a regular basis throughout the student’s program. 2014 -201526

27. On-Going Data Collection The student’s performance on goals and objectives on the IEP is monitored on an on- going basis throughout the school year. The assessment data collected should indicate the progress the student makes toward acquisition of his or her goals and objectives and may include, for example: – Grades – Class/subject tests 2014 -201527

28. On-Going Data Collection – Performance based assessments – Portfolio entries – Student work samples – State & district accountability tests – Progress reports – Behavior checklists – Task analyses – Teacher observation logs – Other 2014 -201528

29. On-Going Data Collection The data that are collected on an on-going basis throughout the school year, and used to make instructional decisions for the student, are the basis for making ESY decisions. 2014 -201529

30. ESY Determination Re-Cap At the annual IEP meeting, the teacher/IEP Committee should: Discuss the student’s progress and related issues (including ESY) Explain and give the parent(s)/legal guardian the ESY Fact Sheet. Discuss the R-R and CPI criteria, as well as the possibility of extenuating Circumstances. Discuss on-going data collection techniques that will be used to make instructional decisions, including determining the need for ESY. 2014 -201530

31. ESY Determination Re-Cap During the school year the teacher/IEP Committee should: Collect student performance information/assessment data. Review the student’s progress/lack of progress regularly. As part of the annual IEP meeting or as a separate meeting specific to ESY examine the student’s instructional data to review performance and progress and determine the need for ESY services. 2014 -201531

32. Contact Valecia Davis, Coordinator vdavis@mde.k12.ms.us Tanya Bradley, Bureau Director tbradley@mde.k12.ms.us Office of Special Education Division of Technical Assistance Roscoe Jones rjones@mde.k12.ms.us Office of Special Education Division of Program Management (601) 359-3498 2014 -201532