§ 14.132. ESY.

 This section sets forth the standards for determining whether a student with disabilities requires ESY as part of the student’s program.

   (1)  At each IEP meeting for a student with disabilities, the school districts shall determine whether the student is eligible for ESY services and if so, make subsequent determinations about the services to be provided.

   (2)  In considering whether a student is eligible for ESY services, the IEP team shall consider the following factors, however, no single factor will be considered determinative:

     (i)   Regression—whether the student reverts to a lower level of functioning as evidenced by a measurable decrease in skills or behaviors which occurs as a result of an interruption in educational programming.

     (ii)   Recoupment—whether the student has the capacity to recover the skills or behavior patterns in which regression occurred to a level demonstrated prior to the interruption of educational programming.

     (iii)   Whether the student’s difficulties with regression and recoupment make it unlikely that the student will maintain the skills and behaviors relevant to IEP goals and objectives.

     (iv)   The extent to which the student has mastered and consolidated an important skill or behavior at the point when educational programming would be interrupted.

     (v)   The extent to which a skill or behavior is particularly crucial for the student to meet the IEP goals of self-sufficiency and independence from caretakers.

     (vi)   The extent to which successive interruptions in educational programming result in a student’s withdrawal from the learning process.

     (vii)   Whether the student’s disability is severe, such as autism/pervasive developmental disorder, serious emotional disturbance, severe mental retardation, degenerative impairments with mental involvement and severe multiple disabilities.

   (3)  Reliable sources of information regarding a student’s educational needs, propensity to progress, recoupment potential and year-to-year progress may include the following:

     (i)   Progress on goals in consecutive IEPs.

     (ii)   Progress reports maintained by educators, therapists and others having direct contact with the student before and after interruptions in the education program.

     (iii)   Reports by parents of negative changes in adaptive behaviors or in other skill areas.

     (iv)   Medical or other agency reports indicating degenerative-type difficulties, which become exacerbated during breaks in educational services.

     (v)   Observations and opinions by educators, parents and others.

     (vi)   Results of tests including criterion-referenced tests, curriculum-based assessments, ecological life skills assessments and other equivalent measures.

   (4)  The need for ESY services will not be based on any of the following:

     (i)   The desire or need for day care or respite care services.

     (ii)   The desire or need for a summer recreation program.

     (iii)   The desire or need for other programs or services which, while they may provide educational benefit, are not required to ensure the provision of a free appropriate public education.

   The provisions of this §  14.132 adopted June 8, 2001, effective June 9, 2001, 31 Pa.B. 3021.