(a)

1. (1) The following factors must be considered by a child's IEP team in determining his or her eligibility for ESY services.
2. (2) This list is not exhaustive, nor is it intended that each factor would impact on the planning for each child’s IEP.

(b) Factors to be considered:

1. (1) Degree (nature and severity) of the child's impairment;
2. (2) Degree of regression experienced by the child (relative to IEP annual goals and short-term instructional objectives);
3. (3) Recovery/recoupment time from this regression;
4. (4) Ability of the child's parents to provide the educational structure at home;
5. (5) Child's rate of progress;
6. (6) Child's behavioral problems;
7. (7) Child's physical problems;
8. (8) Availability of alternative resources;
9. (9) Ability of the child to interact with nondisabled children/youth;
10. (10) Area or areas in the child's curriculum that need continuous attention;
11. (11) Child's vocational (training) needs;
12. (12) Whether the requested service or services are extraordinary for the child's condition, as opposed to an integral part of a program for those with the child's condition; and
13. (13) Other relevant factors as determined by an IEP team.