La. Admin. Code tit. 28 § LVII-535

Current through Register Vol. 50, No. 11, November 20, 2024

Section LVII-535 - Review of Screening/Eligibility Determination

A. At the IEP meeting, the teacher should:

1. explain and give the parent(s)/legal guardian the ESYP fact sheet and document receipt of it on the placement/LRE page of the IEP;

2. discuss the applicable criterion/criteria for screening and for determining the student eligible and then check the applicable criterion/criteria on the program services page of the IEP; and

3. tell the parent(s)/legal guardian the ESYP screening date(s) and check the date(s) on the program services page of the IEP.

B. During the school year, the teacher should:

1. collect student performance information/data;

2. review the student's progress/lack of progress regularly; and

3. if applicable, complete the Regression-Recoupment Summary Form.

C. Between March 15 and the ESYP screening date, the teacher should?:

1. review the student's performance information/data and IEP objectives to determine whether the student is in need of an extended school year program;

2. once the decision has been made, the teacher should:

a. by the fifth business day after the ESYP screening date, send the parent(s)/legal guardian a written notice of whether the student is eligible or ineligible (Sample letters on file at the department). For students whose data do not support eligibility, photocopies of the department mandated ESYP criteria documentation forms related to the eligibility criterion used for making the preliminary determination should be enclosed in the notification letter (Sample forms on file at the department).

b. for eligible students, by the 15th business day after the ESYP screening date, send the parent(s)/legal guardian a notice to schedule the ESY-IEP meeting. The meeting does not have to be held by the 15th business day, but it must be scheduled (sample letter on file at the department). The ESY-IEP meeting must be held prior to the beginning of the student's ESY program;

c. every effort must be made to gain parent(s)/guardian participation in the ESY-IEP meeting. If the parent(s)/guardian cannot attend the ESY-IEP, the teacher should follow the same procedures used for a review IEP meeting (Bulletin 1706, §442 and §443). The ESY-IEP is developed and copies of the document are sent home to the parent(s)/guardian;

d. the teacher should complete the ESYP Screening Determination Form and submit it to the Director/Supervisor of Special Education by the screening date.

D. For eligible students, the IEP team should hold the ESY-IEP meeting (next section information and directions).

E. For students with a preliminary determination of ineligible and for whom the parents/legal guardians have questions or disagree, the teacher should schedule and hold a meeting with the IEP team to review the decision. This should be documented on the ESY IEP by indicating whether the meeting was requested either by the parent or by school personnel to review or determine eligibility for extended school year services. The IEP team should indicate the student's ESY eligibility status. If the parent continues to disagree with the LEA decision they may exercise their rights by initiating procedures in Louisiana's Educational Rights of Children with Exceptionalities in Public Schools. Complaint procedures and final decisions and results will be finalized in an expedited manner.

La. Admin. Code tit. 28, § LVII-535

Promulgated by the Board of Elementary and Secondary Education, LR 30:2006 (September 2004), LR 31:917 (April 2005).

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:1941 et seq.