Extended School Year (ESY) Service Guidelines

Lee County Alabama Schools Special Education Services

September 2012


Contents

Introduction Eligibility Determination Steps 1. Progress-Monitoring

4 4 5

2.

Data Analysis

3.

Predictive Factor Data

3a. Critical Skills

3b. Nature and Severity

3c. Behavior

3d. Vocational Needs

3e. Other Relevant Factors

4.

IEP Team Meeting Summary

5.

Summary of Determination

6. 7.

ESY Goal(s) Potential Supports

10 10

7a. Home/Community Activities

10

7b. Peer Opportunities

10

8.

ESY Service Details

13

Data Collection Procedures

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Frequency Data 12

Time Sampling Data

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Duration Data

14

Latency Data

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Trial Data

15

Prompt-level Data

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Baseline Data

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Intervention Data Visual Analysis if Data

17 17

APPENDIX A: State Regulations

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APPENDIX B: ESY Services Determination Documentation Form

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APPENDIX C: Latency Data Collection Form

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APPENDIX D: Trial Data Collection Form

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APPENDIX E: Work Station Data Collection Form

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Introduction
The following information was developed to provide Individual Educational Program (IEP) teams with guidelines for determining the extended school year (ESY) service needs of students with disabilities. ESY services are only provided for current, annual IEP goal(s) and/or objective(s) addressing skills, which need to be maintained without interruption in order to avoid severe regression and recoupment and ensure the student benefits meaningfully from a Free and Appropriate Public Education (FAPE).

The Individuals with Disabilities Education Act regulations (IDEA, 34 CFR 300.309(b)(1-2)) define ESY services as special education and related services that meet the standards of the state education agency and are provided: (1) beyond the normal school year, (2) in accordance with an IEP, and (3) at no cost to the parents of the child.

The IEP team has the responsibility to determine whether or not a student needs ESY services. Any student with a disability, ages 3-21, who needs ESY services in order to receive a FAPE, may receive services. However, failing to master IEP goal(s) and/or objective(s) does not automatically deem a student eligible for ESY services.

Special education and/or related services may be provided as part of ESY services. In the ESY context, however, some students may require related services as the sole component of their ESY services. If ESY services are determined to be a need, the services must be stated in the IEP.

Although there is no timeline for the IEP teams consideration of ESY services, IDEA regulations specify that public agencies are expected to ensure that determinations are made in a timely manner. Determination of the need for ESY services should take place in sufficient time to (a) make plans for the delivery of ESY services and (b) permit both parties to exhaust administrative remedies prior to the break in services, if there is a difference in opinion.

Eligibility Determination Steps

Eligibility is determined by the IEP team and based on (a) progress-monitoring and (b) predictive factor data. The following steps will lead to informed eligibility determination and are to be referenced when completing the ESY Services Determination Documentation Form for each student under consideration. Boxed information that follows is included on the ESY Services Determination Documentation Form (See

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Appendix B).

1. Progress-Monitoring

Summarize progress-monitoring data on current, annual IEP goal(s) and/or objective(s) with attention to data points collected before and after extended breaks.

When determining ESY services eligibility, the IEP team must review documentation that identifies the students progress toward his/her IEP goal(s) and/or objective(s). This data must be gathered throughout the school year, with attention to data points collected before and after extended breaks, and analyzed to determine whether or not the student has shown severe regression over breaks from school. If there is severe regression, teachers should document the length of time taken to recoup or regain a skill.

Regression- Decline to lower level of functioning demonstrated by decrease in or loss of previously attained skills that occur as result of interruption in special education services.

Recoupment- Ability to regain skills at the level demonstrated prior to the interruption of special education services.

Severe Regression/Recoupment- Occurs when amount of time required to recoup or regain skill/level of performance becomes so significant that it interferes with gains made during the school year.

NOTE: Most students experience some regression over extended breaks. A significant increase in recoupment period must exist for regression to pose significant threat to gains made during school year.

The IEP team determines what a reasonable recoupment time is for the goal(s) of concern for each student. In making the determination, the IEP team considers the unique needs of the student, rather than basing the determination on a formula. Any formula, by nature, will inadvertently exclude some students from appropriate consideration for ESY services.

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2. Data Analysis

Analyze progress-monitoring data to determine whether or not there was severe regression and recoupment on current, annual IEP goal(s) and/or objective(s) during extended breaks.

Visual Data Analysis: Steady baseline or increase in skill acquisition, with drop in student performance following a break in instruction, followed by extended time to regain the previous level of acquired skill/performance.

a) Did the student experience severe regression on current, annual IEP goal(s) and/or objective(s) following extended school breaks? _____ Yes _____ No b) If no, precede to Predictive Factors. If yes, did the student require an unreasonably long recoupment time to regain previously learned skills? _____ Yes _____ No

c) If no, precede to Predictive Factors If yes, list current, annual IEP goal(s) and/or objective(s) on which the student experienced severe regression and document length of recoupment time:

Progress-monitoring data needs to be analyzed to determine whether or not there was severe regression and recoupment on current, annual IEP goal(s) and/or objective(s) during extended breaks. Recoupment time is the amount of time it takes for a student to regain skills at the level demonstrated prior to the interruption of special education services. Pre and post-break progress monitoring must include enough data points to determine the rate of recoupment.

The data analysis will be used to answer the question, Are ESY services needed in order to avoid severe regression and recoupment and ensure the student benefits meaningfully from a FAPE? After progressmonitoring data has been reviewed and analyzed, the IEP team must review Predictive Factor Data.

3. Predictive Factor Data

ESY services cannot be limited to students who have actually experienced severe regression and recoupment on current, annual IEP goal(s) and/or objective(s) during extended breaks. The IEP team must

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also assess predictive factor data or the potential for severe regression and recoupment.

Each Predictive Factor should be considered in relationship to the student, when applicable, along with progress-monitoring data. Address predictive factor(s) below only when applicable.

3a. Critical Skills

Describe how the students critical skills have the potential for severe regression and recoupment on current, annual IEP goal(s) and/or objective(s) during extended breaks.

Visual Data Analysis: Very slow rate of learning with sudden and/or steep incline/increase prior to a break in instruction. Source of Evidence: _________________________________________________

Critical skills represent knowledge or performance essential to the progress of the student. They are different for every student. Each IEP team should identify on an individual basis the critical skills of a student. However, the identification of a critical skill does not, in and of itself, establish the need for ESY services.

3b. Nature and Severity

Describe how the nature or severity of the students disability has the potential for severe regression and recoupment on current, annual IEP goal(s) and/or objective(s) during extended breaks.

Visual Data Analysis: Significant drop in skill maintenance after a break in the consistency of programming.

Source of Evidence: _________________________________________________

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3c. Behavior

Describe how the students behavior has the potential for severe regression and recoupment on current, annual IEP goal(s) and/or objective(s) during extended breaks. If applicable, provide Behavior Intervention Plan (BIP) information and related data collection.

Source of Evidence: ___________________________________________________

Behavior addressed through ESY services should be stated in the current, annual IEP goal(s) and/or objective(s), with interruption of services for the behavior likely to prevent the student from receiving educational benefit from his/her educational program during the regular school. For example, for a student with a severe behavior disorder who receives services in a highly structured environment, the IEP team should consider whether or not the summer break would result in the loss of behavior control to the extent that the student would have to be placed in a more restrictive environment (i.e., residential placement) in the following school year. If so, ESY services may be necessary in order for the student to remain in the LRE.

3d. Vocational Needs

Describe students ongoing vocational instruction needed in order to avoid severe regression and recoupment on current, annual IEP goal(s) and/or objective(s) during extended breaks.

Source of Evidence: _________________________________________________

3e. Other Relevant Factors

Describe other relevant factors that present a risk of severe regression and recoupment on current, annual IEP goal(s) and/or objective(s) during extended breaks.

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Source of Evidence_________________________________________________

4. IEP Team Meeting Summary

Summarize IEP team meeting discussion on regression/recoupment and predictive factor data.

5. Summary of Determination

Based on the body of evidence, without continued special education and/or related services, will the student experience severe regression and recoupment on current annual, IEP goal(s) and/or objective(s) that will significantly jeopardize: (a) educational benefits accrued by the student during the regular school year, and (b) meaningful benefit from a Free and Appropriate Public Education?

_____ Yes (continue)

_____ No (stop)

If Yes, Source of Evidence: _________________________________________________

Remember, ESY services are only provided for current, annual IEP goal(s) and/or objective(s) addressing skills, which need to be maintained without interruption in order to avoid severe regression and recoupment and ensure the student benefits meaningfully from a Free and Appropriate Public Education (FAPE).

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6. ESY Goal(s)

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List current, annual IEP goal(s) that need to be addressed through ESY services.

7. Potential Supports
Remember that ESY services are not intended to address newly developed goals and objectives, or to replicate full day services during the school year.

7a. Home/Community Activities

Describe any family available resources that may address potential for severe regression and recoupment on current, annual IEP goal(s) and/or objective(s) during extended breaks.

ESY services can be provided in a variety of settings including the home, school, or community setting. In addition, if the student is scheduled to take part in family-planned community or home activities that may meet the students need for ESY services, such activities may be sufficient.

7b. Peer Opportunities

Describe opportunities student will have to interact with peers without disabilities during extended breaks that may assist student in avoiding severe regression and recoupment on current, annual IEP goal(s).

The requirements for placement in the LRE during the academic year also apply to ESY services. However, a school system is not required to create new programs as a means of providing ESY services in inclusive settings, if the school does not provide services at that time for its students without disabilities.
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8. ESY Service Details

Type: ______________________________________________________________________________________________

Location: _______________________________________ Frequency: ______________________________________

ESY services can be provided in a variety of settings (e.g., home, school, community) with consideration of the students LRE as determined by the students IEP Team. Remember, a school system is not required to create new programs as a means of providing ESY services in inclusive programs. The IEP team may determine that Potential Supports (i.e. Home/Community Activities, Peer Opportunities) are sufficient to address ESY service needs.

ESY services can also be offered through traditional summer school, although offering summer school by itself is not an acceptable substitute for ESY services. The summer school setting can offer meaningful opportunities for a student, as well as provide frequent practice for the maintenance of skills. However, ESY services must be tailored to the unique needs of each student and cannot be based solely on the availability of services during the summer.

IEP teams are encouraged to be creative in determining type, location, and frequency of ESY services.

ESY services may be provided through:

School-based program Daily individual or small group instruction Cooperative program with outside agency Related-service(s) in community program Consultation with job coach Home-based program (e.g., parent training) Related-services (e.g., therapy services, transportation, supplemental aids and services) Other Week of intensive review prior to the beginning of the school year Intensive short-term instruction at various points in break to prevent regression Family-planned community or home activities

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Data Collection Procedures

Data collection before and after an intervention is put in place is essential in assessing whether or not a student is making progress using the current intervention strategy. Anecdotal evidence can be helpful, but is often unreliable. The target behavior, whether targeted for increase or decrease, determines the type of data collected. In addition, data collection procedures are sometimes used in combination. For example when students complete tasks at a Work Station, duration data is collected to determine how long the student can attend to mastered tasks. Prompt-level data is also collected to monitor progress toward independence in completing mastered tasks. There are a number of data collection procedures including (a) frequency, (b) time sampling, (c) duration, (d) latency, (e) trial, and (f) prompt level.

Frequency Data
Frequency data collection involves counting the number of times a behavior occurs within a given time period and is typically used when a behavior has a distinct beginning and end (e.g., number of addition problems completed independently in 20 minutes). At the end of the observation period, tally marks are counted to represent the frequency count.

Sample Frequency Data Collection Objective: LaToya will raise her hand and be called on by teacher before speaking during science class after given one clear verbal reminder on 4 out of 5 opportunities by the end of the first nine weeks. Target Behavior: Raise hand and be called on before speaking

Date

Tally- Spoke without Raising Hand

Frequency

8/21

IIII

IIII

8/21

IIII/

II

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Time Sampling Data
Time sampling data collection involves determining whether or not behaviors occur within a specific interval of time and is typically used when a behavior occurs at a high rate or does not have a clear

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beginning and end. The procedure requires breaking down an observation period into smaller intervals and then recording whether or not the behavior occurs during the interval.

There are several different types of time sampling procedures. Partial interval data collection requires the observer record the presence or absence of the target behavior if observed anytime during the interval; whole interval if the behavior occurs during the entire interval; and momentary time sampling if the behavior occurs at the end of a specified interval.

Sample Whole Interval Time Sampling Data Collection Objective: Sandy will remain seated for 3 minutes during a 20-minute circle time when given a clear and concise verbal reminder paired with a visual prompt on 4 out of 5 opportunities by the end of the first nine weeks. Target Behavior: Remain seated for 3 minutes Date: 8/21 Interval: 10 seconds Start Time: 10:00 End Time: 10:03 1-1 1-2 1-3 1-4 1-5 1-6 1-1 Date: 8/22 Interval: 10 seconds Start Time: 10:00 End Time: 10:03 1-2 1-3 1-4 1-5 1-6

+ 2-1

+ 2-2

2-3

2-4

2-5

2-6

+ 2-1

+ 2-2

+ 2-3

2-4

+ 2-5

2-6

+ 3-1

+ 3-2

3-3

+ 3-4

3-5

3-6

+ 3-1

+ 3-2

3-3

+ 3-4

3-5

3-6

Total Number Intervals: 18 Number + intervals: 9 Number intervals: 9 % of + target behavior intervals: 50

Total Number Intervals: 18 Number + intervals: 12 Number intervals: 9 % of + target behavior intervals: 66

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Duration Data
Duration data collection involves determining the length of time over which a behavior occurs. The procedure requires recording the start and stop of a behavior (e.g., the length of off task behavior).

Sample Duration Data Collection Objective: Blake will participate in adult-led exercises with classmates during physical education for 15 minutes when given clear verbal directions on 4 out of 5 opportunities by the end of the first nine weeks. Target Behavior: Participate in adult-led exercises for 15 minutes

Date

Start Behavior

End Behavior

Duration

8/21

10:45:00

10:52:15

7 min. 15 sec.

8/21

10:53:20

10:59:32

6 min. 12 sec.

Latency Data
Latency data collection involves determining the length of time that passes between when an instruction is delivered and a behavior is initiated. Latency is related to how quickly an individual responds to the demands of the environment. See Appendix C for Latency Data Collection Sheet.

Sample Latency Data Collection Objective: Brandon will begin an assigned language arts academic task in classroom within 2 minutes after given clear oral and written direction on 4 out of 5 opportunities by the end of the first nine weeks. Target Behavior: Begin an assigned language arts academic task

Date

Task

Direction Finish

Begin Task

Latency

8/21

Reading Comprehension

8:15:30

8:20:40

5 min. 10 sec.

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8/21

Spelling Worksheet

9:15 :05

9:19: 30

4 min. 25 sec.

Trial Data
Trial data collection involves determining the percentage of a students correct answers to specific questions or directions out of a given number of opportunities (i.e., trials). Trial data collection is typically used during one to one discrete trial sessions, which are fast passed teaching of discrete skills. See Appendix D for Trial Data Collection Sheet.
Sample Trial Data Collection Objective: Brandon will identify five functional items in photographs (i.e., toothbrush, toothpaste, sink, towel, cup) by pointing when given three choices and clear and concise oral direction on 4 out of 5 opportunities by the end of the first nine weeks Target Behavior: Identify five functional items in photographs by pointing AREA: Language Arts Date Detail Trial 1 Trial 2 Trial 3 Trial 4 Trial 5 % Correct

8/21

Toothbrush

60

Toothpaste

20

Sink

40

Prompt-level Data
Prompt-level data collection involves determining the level of prompt needed for a student to complete a task. Prompts are typically on a continuum from most to least intrusive. For example, a hand over hand prompt is typically considered more intrusive than a partial physical prompt (e.g., nudge of elbow), which is typically considered more intrusive than a gestural prompt (e.g., point), which is often considered more intrusive than a verbal prompt.

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However, for the purposes of a Work Station, a setting for completing mastered tasks independently, a

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verbal prompt is considered the most intrusive of prompts. A verbal prompt is considered the most intrusive because the Work Station is a setting that incorporates visual cues to assist the student in understanding what is expected, in preparation for future employment where the student will be expected to succeed without having continuous verbal direction. See Appendix for Prompt-level Data Collection Sheet.

Prompt-level Data Collection Objective: Brandon will complete mastered tasks related to IEP goals at the Workstation independently for 20 minutes when given clear visual instructions on 4 out of 5 opportunities by the end of the first nine weeks. Target Behavior: Complete mastered tasks independently for 20 minutes Prompt Level Key 0-Independent (I) 1-Gesture (G) 2-Partial Physical (PP) APL- Average Prompt Level Date Session # Work Time APL 8/21 2 14:35 1 Area Task # Prompts 1, 1 Task 1 Language Arts 3 Area Task # Prompts 0 Task 2 Fine Motor 1 Area Task # Prompts 2 Task 3 Transition 1 3-Full Physical (FP) 4- Verbal (V)

Baseline Data
Baseline data should be collected before beginning intervention. Without collecting baseline data, it is impossible to clearly determine whether or not the current intervention strategy has led to student progress. Three or more data points are required to identify a trend. Baseline data steps include:

1. Determine type of data to collect (e.g., frequency, duration); 2. Determine time of day or the type of activity when data will be collected and the minimum number of days that baseline data will be collected; and 3. Gather tools you will need to collect data (e.g., data sheet, timer, pencil).

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Intervention Data
It is important to use the same data collection procedure during baseline and intervention. Baseline and intervention data are then analyzed to determine whether to continue with the current intervention (if progress is made) or change the intervention (if it no or little progress is made).

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Visual Analysis of Data

Graphing data allows for visual analysis. Line graphs are commonly used to track changes in behavior over time. On a line graph, each data point represents one data collection session (e.g., one school day, one class period). A vertical line (i.e., phase line) can be drawn between the baseline and intervention phases to indicate the introduction of the intervention. One can then determine whether the behavior is changing and, if so, whether the change is occurring in the desired direction.

APPENDIX A: State Regulations

RULES OF THE ALABAMA STATE BOARD OF EDUCATION STATE DEPARTMENT OF EDUCATION CHAPTER 290-8-9 SPECIAL EDUCATION SERVICES

(9) Extended School Year Services (ESY). The length of a program for a child with a disability may not be limited to the regular school term/year if an interruption in educational services is likely to deny a child FAPE. One criteria that may be considered by the childs IEP Team is if significant regression, caused by an interruption in educational services, renders it unlikely that the child will regain critical skills even after an appropriate recoupment period.

(a) Each public agency must ensure that extended school year services are available as necessary to provide FAPE. (b) Extended school year services must be provided only if a child's IEP Team determines, on an individual basis, that the services are necessary for the provision of FAPE to the child. (c) A public agency may not limit extended school year services to particular categories of disability; or unilaterally limit the type, amount, or duration of those services. ESY means special education and related services that are provided to a child with a disability beyond the normal school year of the public agency, in accordance with the child's IEP, at no cost to the parents of the child; and meet the standards of the SEA.

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APPENDIX B Extended School Year (EYS) Services Determination Documentation Form

Student Name: ________________________________________

Meeting Date: _________________

DOB: _______________

Grade: __________

School Year: ___________________ School: ________________________

Teacher: ______________________________________________

Eligibility is determined by the IEP team and based on (a) progress-monitoring and (b) predictive factor data. Reference Extended School Year (ESY) Service Guidelines as needed.

1. Summarize Progress-Monitoring Data on current, annual IEP goal(s) and/or objective(s) with attention to data points collected before and after extended breaks.

2. Analyze Progress-Monitoring Data to determine whether or not there was severe regression and recoupment on current, annual IEP goal(s) and/or objective(s) during extended breaks.

NOTE: Severe Regression/Recoupment occurs when amount of time required to recoup or regain skill/level of performance becomes so significant that it interferes with gains made during school year.

a) Did the student experience severe regression on current, annual IEP goal(s) and/or objective(s) following extended school breaks? _____ Yes _____ No

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b) If no, precede to # 3 Predictive Factor Data.

If yes, did the student require an unreasonably long recoupment time to regain previously learned skills? _____ Yes _____ No

c) If no, precede to # 3 Predictive Factor Data.

If yes, list current, annual IEP goal(s) and/or objective(s) on which the student experienced severe regression and document length of recoupment time:

3. Describe Predictive Factor Data to determine whether or not there is potential for severe regression and recoupment on current, annual IEP goal(s) and/or objective(s) during extended breaks and list Source of Evidence. Address predictive factor(s) below only when applicable ______________________________________________________________________________________________________ 3a. Critical Skill Describe how the students critical skills have the potential for severe regression and recoupment on current, annual IEP goal(s) and/or objective(s) during extended breaks.

Note: Critical skills represent knowledge or performance essential to the progress of the student and are different for every student. Identification of a critical skill does not, in and of itself, establish the need for ESY services.

Source of Evidence: _________________________________________________ ______________________________________________________________________________________________________

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3b. Nature and Severity Describe how the nature or severity of the students disability has the potential for severe regression and recoupment on current, annual IEP goal(s) and/or objective(s) during extended breaks.

Source of Evidence: _________________________________________________ ______________________________________________________________________________________________________ 3c. Behavior Describe how the students behavior has the potential for severe regression and recoupment on current, annual IEP goal(s) and/or objective(s) during extended breaks. If applicable, provide Behavior Intervention Plan (BIP) information and related data collection.

Source of Evidence: _________________________________________________ ______________________________________________________________________________________________________ 3d. Vocational Needs Describe students ongoing vocational instruction needed in order to avoid severe regression and recoupment on current, annual IEP goal(s) and/or objective(s) during extended breaks.

Source of Evidence: _________________________________________________ ______________________________________________________________________________________________________ 3e. Other Relevant Factors Describe other relevant factors that present a risk of severe regression and recoupment on current, annual IEP goal(s) and/or objective(s) during extended breaks.

Source of Evidence: _________________________________________________

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4. Summarize IEP Team Meeting Discussion on regression/recoupment and predictive factor data.

5. Summary of Determination Based on the body of evidence, without continued special education and/or related services, will the student experience a severe regression and recoupment on current annual, IEP goal(s) and/or objective(s) that will significantly jeopardize: (a) educational benefits accrued by the student during the regular school year, and (b) meaningful benefit from a Free and Appropriate Public Education?

_____ Yes (continue)

_____ No (stop)

If Yes, Source of Evidence: _________________________________________________

6. List EYS Goal(s) List current, annual IEP goal(s) that need to be addressed through ESY services.

Note: ESY services are not intended to address newly developed goals and objectives, or to replicate full day services during the school year.

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7. Describe Potential Supports ______________________________________________________________________________________________________ 7a. Home/Community Activities Describe any family available resources that may address potential for severe regression and recoupment on current, annual IEP goal(s) and/or objective(s) during extended breaks.

7b. Peer Opportunities Describe opportunities student will have to interact with peers without disabilities during extended breaks that may assist student in avoiding severe regression and recoupment on current, annual IEP goal(s).

8. Detail EYS Services

NOTE: ESY services can be provided in a variety of settings (e.g., home, school, community). A school system is not required to create new programs as a means of providing ESY services in inclusive programs. The IEP team may determine that Potential Supports (i.e. Home/Community Activities, Peer Opportunities) are sufficient to address ESY service needs.

Type: ___________________________________________________________________________________________

Location: _________________________________

Frequency: ____________________________________

ESY services may be provided through:

School-based program Daily individual or small group instruction Cooperative program with outside agency Related-service(s) in community program Consultation with job coach Home-based program (e.g., parent training) Week of intensive review prior to the beginning of the school year Intensive short-term instruction at various points in break to prevent regression Family-planned community or home activities Related-services (e.g., therapy services, transportation, supplemental aids and services) Other

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Appendix C Latency Data Collection

(Length of time that passes between when the instruction is delivered and a target behavior)

Student Name: __________________________________________ Objective:

Target Behavior: _________________________________________

Date Task Direction Finish Time Target Behavior Begin Time Latency

Total Average

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