Current through Register Vol. 54, No. 12, March 23, 2024
(a) In addition to
the requirements incorporated by reference in
34 CFR
300.106 (relating to extended school year
services), charter schools and cyber charter schools shall use the following
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 charter school or cyber
charter school 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) 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 (Regression).
(ii)
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 (Recoupment).
(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 intellectual disability,
degenerative impairments with mental involvement and severe multiple
disabilities.
(b) Reliable sources of information regarding
a student's educational needs, propensity to progress, recoupment potential and
year to year progress may include the following:
(1) Progress on goals in consecutive
IEPs.
(2) Progress reports
maintained by educators, therapists and others having direct contact with the
student before and after interruptions in the education program.
(3) Reports by parents of negative changes in
adaptive behaviors or in other skill areas.
(4) Medical or other agency reports
indicating degenerative-type difficulties, which become exacerbated during
breaks in educational services.
(5)
Observations and opinions by educators, parents and others.
(6) Results of tests, including
criterion-referenced tests, curriculum-based assessments, ecological life
skills assessments and other equivalent measures.
(c) The need for ESY services will not be
based on any of the following:
(1) The desire
or need for day care or respite care services.
(2) The desire or need for a summer
recreation program.
(3) The desire
or need for other programs or services that while they may provide educational
benefit, are not required to ensure the provision of a
FAPE.
(d) Students with
severe disabilities such as autism/ pervasive developmental disorder, serious
emotional disturbance; severe intellectual disabilities; degenerative
impairments with mental involvement; and severe multiple disabilities require
expeditious determinations of eligibility for ESY services to be provided as
follows:
(1) Parents of students with severe
disabilities shall be notified by the charter school or cyber charter school of
the annual review meeting to ensure their participation.
(2) An IEP review meeting must occur no later
than February 28 of each school year for students with severe
disabilities.
(3) The notice of
recommended educational placement (NOREP) shall be issued to the parent no
later than March 31 of the school year for students with severe
disabilities.
(4) If a student with
a severe disability transfers into a charter school or cyber charter school
after the dates in paragraphs (2) and (3), and the ESY eligibility decision has
not been made, the eligibility and program content must be determined at the
IEP meeting.
(e) Charter
schools and cyber charter schools shall consider the eligibility for ESY
services of all students with disabilities at the IEP meeting. ESY
determinations for students other than those described in subsection (d) are
not subject to the time lines in subsection (d). However, these determinations
shall still be made in a timely manner. If the parents disagree with the
charter school's or cyber charter school's recommendation on ESY, the parents
will be afforded an expedited due process hearing.
The provisions of this §
711.44 amended under sections
1732-A(c)(2) and 1749-A(b)(8) of the Charter School Law (24 P. S.
17-1732-A(c)(2) and
17-1749-A(b)(8).
