6 CAR § 130-1905 – General criteria and eligibility

(a) An ESY program must be provided when it is determined by a child's IEP team that the child has regressed, or is predicted to regress, to such a substantial degree in a critical skill area that recoupment of such skill loss following a break in programming (typically summer breaks, but may include breaks during holidays) is unlikely or would require an unusually long period of time.
(b) ESY services would be appropriate to prevent significant regression in skills necessary for progress toward a child's self-sufficiency.
(c) The analysis of whether a child's level of progress would be jeopardized by a break in educational programming (typically summer breaks, but may include breaks during holidays) should proceed by applying not only retrospective data, such as regression and rate of recoupment, but also by considering predictive (prospective) data.
(d)
1. (1) A child's ESY eligibility is premised on a construct of skill regression and a limited capacity for recoupment.
2. (2) The amount of regression experienced by a child during breaks in programming, considered along with the amount of time required to recoup those lost skills when school resumes in the fall, is an important consideration in assessing a need for continuation of educational programming during breaks in the school year or during the summer.
(e)
1. (1) A regression/recoupment disability provides a basis for establishing criteria and eligibility standards for ESY services.
2. (2) A regression/recoupment disability, whether determined by retrospective means and/or predictive data, shall be relative to:
  1. (A) The child's current IEP instructional goals and objectives; and
  2. (B) His or her current functioning levels.
(f)
1. (1) Regression/recoupment analysis is not the only measure used to determine the need for ESY services.
2. (2) A decision as to a child's need for ESY services must be based upon a multifaceted inquiry.
(g) Determination of the need for ESY services must be the result of a thorough analysis by an IEP team of formal and informal assessment data.