Louisiana Administrative Code
Title 28 - EDUCATION
Part LVII - Bulletin 1872-Extended School Year Program Handbook
Chapter 5 - Eligibility Determination Procedures
Section LVII-503 - Annual IEP

Universal Citation: LA Admin Code LVII-503

Current through Register Vol. 50, No. 3, March 20, 2024

A. The IEP team discusses all pertinent criterion/criteria that the student may qualify for ESYP. The team identifies at least one of criterion as a possible area under which the student may need ESYP. Below are some guidelines to guide this decision.

1. Regression-Recoupment Criterion should be considered for any student expected to have a problem with recoupment of skills. A regression-recoupment problem exists if following breaks in instruction there is a pattern of regression without timely recoupment in the performance of objectives most essential to the student's overall functioning. The Regression Recoupment Criterion may be used for any student receiving special education services but must be used for students classified with moderately mentally disabled, severely mentally disabled, profoundly mentally disabled, deaf blind, autism, multi-disabled, traumatic brain injury, and preschool students with disabilities.

2. Critical Point of Instruction (CPI) 1 criterion should be considered for students for which there is reason to suspect that there will be a loss of general education class(es)/time or increase in special education service time because of a lack of academic or social skill development.

3. Critical Point of Instruction (CPI) 2 criterion should be considered for students for which there is reason to suspect that there will be a loss of significant progress made toward the acquisition and/or maintenance of a critical self-help, community access, or social/behavioral skill.

NOTE: CPI (1 and/or 2) is typically selected by default if the team does not suspect a need for ESYP along any of the other criterion. The teacher/instructional team is not prohibited from reviewing student performance (i.e., screening) for CPI or other criterion that were not originally targeted.

4. Self-Injurious behavior criterion should be considered for students who exhibit self-injurious behavior that is persistent, regular, and continuous.

5. Employment criterion should be considered for students who are 16-21 years old and who are engaged in or expected to have paid employment prior to the ESYP screening date.

6. Transition criterion should be considered for students who have a transition services plan and who are expected to exit the local education agency at the end of the school year.

7. Excessive absences criterion should be applied to students expected to have documented absences in excess of 25 days without the provision of hospital/homebound services because of a diagnosed health condition and as a result is expected to fail to make projected progress. It may not be possible to anticipate these conditions but this criterion should be considered during screening for students with 25 or more absences.

8. Late entry criterion should be applied to students who enter special education after January 1st (but prior to the ESYP screening date)

9. All applicable criterion/criteria must be checked in the ESY block on the IEP.

B. If regression-recoupment, critical point of instruction (1 and 2) and/or self-injurious behavior criteria are selected:

1. the IEP team decides which objectives to target (i.e., the "Determination of Essential Skills" checklist assists the team in determining the most important objectives for the student);

2. the IEP team discusses ways of collecting data and strategies for team functioning. The method of data collection will depend on the individual objective(s). Data may take the form of task analyses, checklists, grades in teacher gradebook, teacher/parent observation logs, etc.

C. In addition to these criterion specific action steps, the following actions must also be performed at every IEP.

1. The parent(s) is given a copy of the ESYP Fact Sheet and indicates receipt of this sheet by checking the "Parent Decisions" box on the placement/least restrictive environment page of the IEP.

2. The ESYP screening date is checked in the ESY block on the program/services page of the IEP. If the student's initial IEP date is after January 1 but prior to the screening date, he or she has two screening dates (i.e., the current and subsequent school years).1

1 For children transitioning from ChildNet to Part B Services who have spring birthdays, the teacher/instructional staff must consider all applicable criteria including regression/recoupment, critical point of instruction, late entry into school, and extenuating circumstances. The need for information to determine ESYP eligibility should be addressed on or before the mandated transition meeting, which must be held 90 days before the child's third birthday.

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:1941 et seq.

Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.