La. Admin. Code tit. 28 § LVII-519

Current through Register Vol. 50, No. 11, November 20, 2024
Section LVII-519 - Regression-Recoupment Criterion
A. Students to be considered:
1. all students with disabilities enrolled in special education;
2. this criterion must be used to screen students who have a classification of: moderately mentally disabled, severely mentally disabled, profoundly mentally disabled, deaf/blind, autism, multi-disabled, traumatic brain injury, and preschool students with disabilities;
3. the IEP team decides whether or not to use the regression-recoupment criterion for preschool students whose only classification is speech or language impairment.

NOTE: The decision is made at the IEP meeting. The regression-recoupment criterion may be used to screen any other student classified with a disability at the discretion of the IEP team.

B. Why regression-recoupment? A student who exhibits a pattern of regression-recoupment problems (i.e., reverts to a lower level of functioning after a break in instruction and fails to regain the skill level in a reasonable length of time) may need ESYP to maintain his or her skill level to avoid having to restart a sequence of instruction after instructional breaks.
C. Why target objectives? Regression-recoupment problems are demonstrated by looking for a pattern. The pattern may be across various skill areas or in only one skill area. By selecting a minimum of four objectives across educational need areas most essential to the student's overall functioning and well-being, the IEP team will get a picture of whether or not there is a pattern of regression-recoupment problems in areas most important for that student.
D. Why collect data? Data must be collected to determine a student's performance on objectives. Examining the data before and after instructional breaks allows instructional personnel to determine whether the student has reverted to a lower level of functioning and to observe how long it takes the student to return to the previous functioning level.
E. Why over two breaks? By collecting data over two breaks, the teacher/instructional personnel will determine whether there is a pattern and whether the pattern is consistent over time.
F. Definitions

Break in Instruction-a break of at least five consecutive instructional days.

Highest Post-Break Score-the highest level of performance the student attains within five data points following the break indicates whether the student has recouped the skill or has problems with regression-recoupment.

Holiday Break-a break of five or more instructional days (e.g., summer break, Thanksgiving, Christmas, Easter, spring break).

Imposed Break-a break of five instructional days. When imposing a break, the IEP team must ensure the following:

a. the student's health/well being is not endangered; and
b. the break is based on the need to determine whether or not the student would retain the skill without daily intervention.

Pre-Break Average-the average of three data points immediately before the break. If data are being collected two times/week, data collection could span a two-week period.

Recoupment-to regain the level of functioning prior to the break in instruction.

Regression-to revert to a lower level of functioning after a break in instruction.

TargetObjectives-objectives on the student's IEP; data collected on these objectives must be examined in determining whether a pattern of regression-recoupment problems exist. A minimum of four objectives across the educational need areas most essential to the student's overall functioning must be targeted.

G. Steps to Applying the Regression-Recoupment Criterion
1. Annual IEP
a. The IEP team identifies the regression-recoupment criterion as one possible area under which the student may qualify for ESYP.
b. The IEP team targets a minimum of four objectives that are the most essential to the student's overall functioning (the "Determination of Essential Skills" checklist assists the team in determining the most important objectives for the student). The number of each objective targeted for regression-recoupment is circled on the IEP instructional plan page(s).
c. When possible, an objective from each educational need area is targeted.
d. The IEP team discusses ways of collecting data and strategies for team functioning.
2. Ongoing Data Collection/Screening [Refer to the Regression-Recoupment Summary Form and Directions on File at the Department]
a. Student performance data are examined before and after a minimum of two instructional breaks (i.e., a break of at least five consecutive instructional days). The method of data collection will depend on the individual objective(s). Data may take the form of task analyses, checklists, grades in teacher gradebook, teacher/parent observation logs, etc.
b. Specifically, three data points prior to each break and five data points following each break will determine whether the student has any regression-recoupment problems.

NOTE: Examining a student's regression-recoupment performance over a summer break is not mandated, but is recommended. If the IEP team uses the summer break as one of the instructional breaks the difference of a four-week period is allowed to assess recoupment, since it is a much longer break.

3. Determine whether there is a regression-recoupment problem such that the highest of the five post-break scores is lower than the average of the three pre-break scores.
a. Does it take longer than five data points to get back to the pre-break average?
i. No. If the student reached the pre-break average on any day within the first five data points, the student has recouped that skill. If normal/ongoing data collection for this skill/objective is two times/week, the recoupment period would span three weeks after the break.
ii. Yes. If the highest (or all five) post-break score(s) are lower than the pre-break average.
iii. The question asked on the Regression-Recoupment Summary Form is, "Was the highest post-break score lower than the pre-break average?"
4. Is the student eligible for ESYP?
a. Fill out the Regression-Recoupment Summary Form. Look at the RECOUPMENT question, and base the decision as to whether there is a pattern of regression-recoupment problems on the following:
i. YES. One objective has "yes" checked for RECOUPMENT over both breaks; and/or
ii. YES. There are the same or greater number of "yes" than "no" responses checked for Regression-RECOUPMENT problems across all skills and breaks.
iii. NO. Otherwise the student is not eligible for ESYP.

La. Admin. Code tit. 28, § LVII-519

Promulgated by the Board of Elementary and Secondary Education, LR 30:2000 (September 2004).
AUTHORITY NOTE: Promulgated in accordance with R.S. 17:1941 et seq.