LAC 28:XCVII.707. ESY Eligibility Determination

A. The ESY eligibility decision for each student is to be made between January 1 and the onset of ESY services for the current school year unless there is sufficient data to make that decision prior to January. B. After examining the student's performance data one of the following decisions shall be made: 1. the student is eligible for services; 2. the student is eligible for services, and the parent declines; 3. the student is ineligible for services; or 4. ESY determination of eligibility will be made later during the same school year. C. When the student is determined eligible for ESY services, the team must complete the ESY form of the IEP. D. When the IEP Team decides not to make a determination it shall be documented on the IEP and the ESY decision must be prior to the start of ESY services. E. When the student is determined ineligible for ESY services based on student performance data, the parents must receive notification of the determination and informed of their due process rights and procedures. F. When consensus regarding ESY eligibility or services cannot be reached and the parents disagree with the decision, the parents shall be informed of their due process rights and procedures. G. If the parents of a student with disabilities decline extended school year services, this does not affect other IEP services. ESY does not apply to students who are gifted and/or talented or students on Services Plans.