Louisiana Administrative Code
Title 28 - EDUCATION
Part LVII - Bulletin 1872-Extended School Year Program Handbook
Chapter 5 - Eligibility Determination Procedures
Section LVII-521 - Critical Point of Instruction Criterion

Universal Citation: LA Admin Code LVII-521

Current through Register Vol. 50, No. 9, September 20, 2024

A. Students to be Considered

1. All students with disabilities enrolled in special education.

B. Definitions

1. Students with disabilities may be eligible for the ESYP if there is evidence that extended service(s) is needed to allow the students to achieve a critical point of instruction in order to preclude one or more of the following from occurring.
a. Critical Point 1 (CPI-1). Any loss of general education class(es)/time or increase in special education service time because of a lack of academic or social skill development.

b. Critical Point 2 (CPI-2). A loss of significant progress made toward the acquisition and/or maintenance of a critical self-help, community access, or social/behavioral skill.

NOTE: In very simple terms, a critical point of instruction for these self-help, community access, and social/behavioral skills refers to the point at which a student has almost achieved the skill. The educational needs codes on the IEP form may or may not match the areas described above (i.e., "giving the cashier the correct amount of money" might be coded as academic or vocational, but the skill is aimed at enabling the student access to the community).

C. Steps to Applying the Critical Point of Instruction Criterion

1. Annual IEP
a. The IEP team identifies Critical Point of Instruction (CPI) Criterion as a possible area under which the student may need the ESYP.

b. The IEP team discusses all of the components of the criterion, different ways to collect data, and strategies for team functioning.

2. Ongoing Data Collection/Screening
a. The student's performance on goals and objectives on the IEP is monitored on an ongoing basis throughout the school year. The data collected (e.g., grades, progress reports, behavior checklists, task analyses, teacher observation logs, etc.) should indicate the progress the student makes toward acquisition of his or her goals and objectives.

3. Is the Student Eligible For ESYP?
a. Critical Point 1
i. The teacher/instructional personnel reviews all relevant data and determines whether there is a possibility that the student may be in danger of the loss of general education class time because of lack of academic or social skill development. In other words, any increase in special education service time must be examined.
(a). Is there any reason to suspect that the student is in danger of losing general education time for either academic or social reasons? Example 1: the student may not be keeping up with work in the general education class and there may be the need for more special education support in the general education class. Example 2: the student may be exhibiting behavior(s) that interfere with class participation; removing him/her because of the disruptive behaviors is being considered.

ii. Review Student Performance, Progress
(a). What do the data indicate? The teacher/instructional personnel should look at whether the student demonstrates adequate performance, is able to perform at grade level, is able to perform in reading related areas, or is exhibiting behavior that interferes with class participation, etc.

(b). Do other team members see the same performance pattern?

iii. Decision Making
(a). Is it possible that the ESYP could prevent the loss of time in general education class(es) or the increase in special education support/service(s) time?

(b). Why does the teacher/instructional personnel think the ESYP could prevent this loss of time? Why does the teacher/instructional personnel think the ESYP could not prevent this loss of time? Example 1: could intensive work in specific need areas (drill in math, study and organization skills, phonics skill building, social skills training, etc.) make the difference? Example 2: the ESYP may not make a difference because of the fact that the student is three grade levels below in reading, or the student has a lack of interest/motivation.

b. Critical Point 2
i. The teacher/instructional personnel reviews all relevant data and determines whether there is a possibility that the student may be in danger of losing significant progress made toward acquisition and/or maintenance of a critical self-help, community access, or social/behavioral skill.
(a). Are there any objective(s) on the student's IEP in the area of self-help skills (e.g., taking care of self and personal needs such as, toileting, dressing, body care/hygiene), community access (e.g., skills necessary for independent functioning in community situations such as, crossing streets, buying items at a store, using the telephone for information/emergency service), social/behavioral skills (e.g., communicating with others for needs/wants, controlling unacceptable behavior, such as hitting others or screaming in social/educational situations)?

(b). Has the student almost achieved any of the objectives/skills in these areas?

ii. Review Student Performance, Progress
(a). What do the data indicate? The student is about at criterion, or almost has it, or the student is not close to criterion.

(b). Do other team members have data on these skill areas? Are the skill(s) considered critical?

iii. Decision Making
(a). Is the skill critical? Does the student need to acquire or maintain the skill now?

(b). Is the skill crucial because of the student's age?

(c). Is the skill important because it limits future program options?

(d). Is the skill significant because it limits future living/community integration opportunities?

(e). Based upon his or her past performance (rate) could the student acquire or maintain the self-help, community access, or social/behavioral skill(s) during the ESYP? Would the ESYP make a difference?

4. Required Documentation
a. Critical Point 1:
i. a description of the present conditions that make it likely that the student will lose time in general education class(es) or that the student will need an increase in special education support/service time; and

ii. an explanation of how ESY services are likely to prevent the student from losing the general education class(es) time

iii. Critical point of instruction documentation form found on file at the department. or increasing special education service time.

b. Critical Point 2:
i. a list of the skill(s)/objective(s) considered to be crucial or important for the student (The Determination of Essential Skills Checklist, on file at the department, contains list of skills);

ii. the student's current performance on the un-mastered skill(s)/objective(s);

iii. information describing the crucial nature of the skill(s)/objective(s) and the impact of both providing and withholding the ESYP; and

iv. data/information which support the probability that the student could master/maintain the skill(s)/objective(s) during the ESYP.

v. Critical point of instruction documentation form found on file at the department.

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.
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