No. 42703 (Amendment): Rule R277-751. Special Education Extended School Year (ESY)

(Amendment)

DAR File No.: 42703
Filed: 03/15/2018 05:13:34 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

These rule changes provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. These rule changes add that a free, appropriate public education may include post-secondary education in Utah.

Summary of the rule or change:

These rule changes provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. These rule changes add that a free, appropriate public education may include post-secondary education in Utah. It also clarifies that extended school year (ESY) eligibility decisions and written prior notice of ESY services shall be provided to parents in sufficient time to permit accessing dispute resolution options of the Procedural Safeguards, in the event of a dispute.

Statutory or constitutional authorization for this rule:

• Subsection 53E-3-501(1)(c)(vi)(A)
• Art X, Sec 3
• Subsection 53E-3-401(4)

Anticipated cost or savings to:

the state budget:

These rule changes are not estimated to have a fiscal impact on the state budget because it deals with extended school year for special education and does not require any expenditures.

local governments:

These rule changes are not estimated to have a fiscal impact on local governments because it deals with extended school year for special education and does not require any expenditures.

small businesses:

These rule changes are not estimated to have a fiscal impact on small businesses because it deals with extended school year for special education and does not require any expenditures.

persons other than small businesses, businesses, or local governmental entities:

These rule changes are not estimated to have a fiscal impact on persons other than small businesses, businesses, or local government entities because it deals with extended school year for special education and does not require any expenditures.

Compliance costs for affected persons:

There are no compliance costs for affected persons.

Comments by the department head on the fiscal impact the rule may have on businesses:

These rule changes are not estimated to have a fiscal impact. There are 1,226 entities with a NAICS code 611110 operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are public entities e.g. Alpine Board of Education, Canyons School District, Cache High School, etc. These proposed rule changes are not expected to have any fiscal impact on large businesses' revenues or expenditures because it deals with extended school year for special education and does not require any expenditures or generate any revenues for large businesses. This rule was due for its five-year review and continuation. The Utah State Board of Education (USBE) has reviewed this rule and determined that it continues to be necessary. These rule changes add that a free, appropriate public education may include post-secondary education in Utah. It also clarifies that extended school year (ESY) eligibility decisions and written prior notice of ESY services shall be provided to parents in sufficient time to permit accessing dispute resolution options of the Procedural Safeguards, in the event of a dispute. These rule changes provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. These rule changes are not expected to have a fiscal impact on LEAs either as it mainly provides technical and stylistic changes and does not alter existing practice.

Sydnee Dickson, State Superintendent

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Education
Administration
250 E 500 S
SALT LAKE CITY, UT 84111-3272

Direct questions regarding this rule to:

• Angela Stallings at the above address, by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

05/01/2018

This rule may become effective on:

05/08/2018

Authorized by:

Angela Stallings, Deputy Superintendent, Policy and Communication

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2018

FY 2019

FY 2020

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Person

$0

$0

$0

Total Fiscal Costs:

$0

$0

$0

Fiscal Benefits

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Persons

$0

$0

$0

Total Fiscal Benefits:

$0

$0

$0

Net Fiscal Benefits:

$0

$0

$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non - Small Businesses are described below.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

These proposed rule changes are not expected to have any fiscal impact on large businesses' revenues or expenditures because it deals with extended school year for special education and does not require any expenditures of or generate any revenues for large businesses.

 

The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis.

 

 

R277. Education, Administration.

R277-751. Special Education Extended School Year (ESY).

R277-751-[2]1. Authority and Purpose.

[A.](1) This rule is authorized [under]by:

(a) Utah Constitution Article X, Section 3, which vests general control and supervision of public education in the Board[,];

(b) Subsection 53E-3-401(4), which allows the Board to make rules to execute the Board's duties and responsibilities under the Utah Constitution and state law;

(c) Subsection [53A-1-402(1)(c)]53E-3-501(1)(c)(vi)(A), which directs the Board to adopt rules regarding services to students with disabilities[and Section 53A-1-401(3) which allows the Board to adopt rules in accordance with its responsibilities].

[B.](2) The purpose of this rule is to specify the standards for the special education ESY.

 

R277-751-[1]2. Definitions.

[A. "Board" means the Utah State Board of Education.

B.](1)(a) "Extended school year" or "[(]ESY[)]" means an extension of the school district or charter school traditional school year to provide special education and related services to a student with a disability, in accordance with the student's IEP, and at no cost to the student's parents.

(b) ESY services shall meet the standards of Part B of the [Individuals with Disabilities Education Act (]IDEA[), 20 U.S.C. 1401(3)] and [the State ]Board [of Education ][S]special [E]education [R]rules.

[C.](2) "ESY services" means the individualized education program provided by the school to a student with a disability during the ESY.

[D.](3) "FAPE" means a free appropriate public education, which:

(a) includes special education and related services that are provided at public expense, under public supervision and direction, and without charge;

(b) meets the standards of the [USOE]Board and Part B of the [Individuals with Disabilities Education Act (]IDEA[), 20 U.S.C. 1401(3),];

(c) includes preschool, elementary school , [and ]secondary school, and may include post-secondary education in Utah; and

(d) [are]is provided in conformity with an IEP that meets the requirements of Part B of the IDEA and [Utah State ]Board [of Education ][S]special [E]education [R]rules.

[E. "IEP" means a written statement of an individualized education program by an IEP team and developed, reviewed, and revised in accordance with Utah State Board of Education Special Education Rules and the Part B of the IDEA.

F.](4) "IEP team" means a group of individuals that is responsible for developing, reviewing, and revising an IEP for a student with a disability.

[G.](5) "LEA" [means a local education agency which includes school boards/public school districts, charter schools, and,]includes, for the purposes of this rule, the Utah Schools for the Deaf and the Blind.

[H.](6)(a) "Procedural [S]safeguards" means the procedural rights designed to protect the rights of students with disabilities and their parents.

(b) [Requirements] "Procedural safeguards are defined in IDEA and [Utah State ]Board [of Education ][S]special [E]education [R]rules, and include [the]a parent's right to:

(i) participate in meetings[,];

(ii) review educational records[,];

(iii) request an independent educational evaluation[,];

(iv) receive written prior notice of actions proposed or refused by [the]an LEA[,]; and

(v) consent to evaluations and special education services.

(c) "Procedural [S]safeguards " also [describe]include dispute resolution options.

(7) "Recoupment means recover of basic behavioral or academic patterns, or both, or skills, specified in an IEP, to a level demonstrated prior to the interruption of educational programming.

[I.](8) "Regression" means reversion to a lower level of functioning, evidenced by a decrease in the level of basic behavioral or academic patterns, or both, or skills, specified in an IEP, which occurs as a result of an interruption in educational programming.[These behaviors or skills are specified on a student's current IEP.]

[J. "Recoupment" means recovery of basic behavioral or academic patterns, or both, or skills, specified on the IEP, to a level demonstrated prior to the interruption of educational programming.

K.](9) "Student with a disability" means a student who meets eligibility criteria for special education and related services, as defined in the [Utah State ]Board [of Education S]special [E]education [R]rules.[

L. "USOE" means the Utah State Office of Education.]

 

R277-751-3. Determining Eligibility.

[A.](1) A student is eligible for ESY if the student's IEP team has determined, based upon a review of multiple data sources and factors that the student[is]:

([1]a) [a student who has been determined as]is eligible under [Utah State ]Board [of Education S]special [E]education [R]rules and Part B of the IDEA; and

([2]b) [a student whose IEP team has determined, based upon a review of multiple data sources and factors, on an individual basis, an ESY is required]requires an ESY to receive a FAPE.

[B.](2) [The]A student's IEP shall reflect the student's IEP team's decision regarding need for ESY services.

([1]a) An LEA shall provide a student's [P]parents [shall be provided ]with written prior notice of the LEA's proposal or refusal to provide ESY services.

([2]b) [If determined as eligible for ESY services, the]A student's IEP team shall determine the appropriate ESY services for an eligible student, based on the student's individual needs.

(3) ESY eligibility decisions and written prior notice of ESY services shall be provided to parents in sufficient time to permit accessing dispute resolution options of the Procedural Safeguards, in the event of a dispute.

 

R277-751-4. ESY Program Standards.

[A.](1) The primary goal for a student requiring ESY services is to maintain the current level of the student's academic and functional skills and behavior in areas identified by the student's IEP in order to provide FAPE.

[B.](2) LEAs may not[:

(1) ] limit ESY to:

(a) particular categories of disabilities; [or]

(b) particular ages; or

(c) particular grade levels of students.

([2]3) An LEA may not unilaterally limit the type, amount, or duration of ESY services provided for students.

([3]4) An LEA may not limit data consideration by IEP teams exclusively to [only ]an analysis of regression and recoupment.

[C.](5) An LEA[s] shall ensure that:

([1]a) an ESY student receives services [are provided] in the least restrictive environment[.]; and

([2]b) ESY teachers and paraprofessionals meet [IDEA's highly qualified requirements]Board licensing rules.

 

R277-751-5. Division of Responsibilities.

[A.](1) The [duties of the Utah State Office of Education]Superintendent shall[include]:

[(1) monitoring ESY compliance through:]

(a) conduct LEA program administrative reviews, such as Utah Program Improvement Planning System or [(]"UPIPS "[)] monitoring;

(b) [requiring]require student attendance and membership accountability[.];

([2]c) [providing]provide technical assistance to LEAs;

([3]d) [collecting]collect data on:

([a]i) the number, disabilities, and levels of students served;

([b]ii) the types of program delivery models used;

([c]iii) costs of the ESY services in LEAs; and

([d]iv) program effectiveness.

([4]e) [developing]develop guidelines for LEAs.

[B.](2) [The duties of LEAs shall include]An LEA shall:

([1]a) [establishing]establish LEA procedures which are in accordance with Board rules;

([2]b) [providing]provide professional development and on-site visits to assure that Board and LEA procedures are appropriately understood and implemented;

([3]c) [establishing]establish timelines to accomplish the purposes of this rule;

([4]d) [analyzing]analyze LEA needs, reported by professionals, for ESY services for individual, eligible students;

([5]e) [determining]determine LEA ESY services parameters based upon data received from educators on individual, eligible students , including[.]: [The parameters shall include]

(i) the personnel required to provide special education and related services[,];

(ii) location of services[,]; and

(iii) budget specifications;

([6]f) [ensuring]ensure parents and professionals have received information about dispute resolution procedures for the appeal of ESY eligibility decisions and ESY services parameters; and

([7]g) [implementing]implement processes to collect program effectiveness data.

 

KEY: exceptional children, extended school year

Date of Enactment or Last Substantive Amendment: [June 7, 2013]2018

Notice of Continuation: April 8, 2013

Authorizing, and Implemented or Interpreted Law: Art X Sec 3;[53A-1-402(1)(c); 53A-1-401(3); 53A-17a-112(3)]53-3-401(4); 53E-3-501(1)(c)(vi)(A)

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