§ 711.44. ESY.

 To implement 34 CFR 300.309 (relating to day; business day; school day), the State ESY Standards are as follows:

   (1)  The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise:

   Recoupment—Recovery of skills or behavioral patterns, or both, specified on the IEP to a level demonstrated prior to the interruption of educational programming.

   Regression—Reversion to a lower level of functioning evidenced by a measurable decrease in the level of skills or behaviors which occur as the result of an interruption in educational programming.

   (2)  A child with disabilities is entitled to ESY services if regression caused by interruption in educational programming and limited recoupment capacity, or other factors, makes it unlikely that the student will maintain skills and behavior relevant to established IEP goals and objectives.

   (3)  Factors such as those listed in this section shall be considered by the IEP teams whenever relevant, but no single factor is determinative of need for ESY services.

   (4)  Factors in addition to recoupment and regression include:

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

     (ii)   The extent to which a skill or behavior is particularly crucial to reaching the goals of self-sufficiency and independence from caretakers.

     (iii)   The extent to which successive interruptions in educational programming reduce a student’s motivation and trust and may lead to an irreversible withdrawal from the learning process.

   (5)  Charter schools are responsible for considering the need for ESY services for each eligible student, including each student placed by the charter school in an approved private school or other placement site not operated by the charter school.

   (6)  Consideration of the need for ESY services shall occur at the IEP team meeting to be convened annually, or more frequently if conditions warrant consistent with Federal requirements in 34 CFR 300.343(c) (relating to IEP meetings). Consideration means that ESY services are raised and discussed at the IEP team meeting. In making a determination that a student is eligible for ESY services, the IEP team shall rely on criteria in this section and applicable judicial decisions.

   (7)  The need for ESY services is most applicable to students with disabilities that are thought of as severe (that is, students with autism/pervasive developmental disorder, serious emotional disturbance, severe levels of mental retardation, degenerative impairments with mental involvement and severe multiple disabilities) and to IEP goals that are associated with self-sufficiency and independence from caretakers. IEP teams may not limit their consideration of need for ESY services to students with particular types or degrees of disability, particular student goals, particular methods of programming provided during the regular school term, or the availability of retrospective data on regression and recoupment.

   (8)  ESY services shall be designed to maintain skills and behaviors established in IEP goals and objectives.

   (9)  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.

   (10)  Documentation that ESY services have been considered shall be made on each eligible student’s IEP. When determined to be necessary by the IEP team, ESY services shall be reflected on a student’s IEP.

   (11)  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 FAPE.