PART 117 

DIAGNOSTIC SCREENING OF PUPILS

Section 117.1 Scope of Part. The purpose of this Part is to establish standards for the screening of every new entrant to the schools to determine which pupils are possibly gifted, or have a possible handicapping condition in accordance with subdivision (6) of section 3208 of the Education Law and/or possibly are limited English proficient in accordance with subdivision 2-a of section 3204 of the Education Law.

 117.2 Definitions. As used in this Part:

    1. A pupil who has a possible handicapping condition shall mean a pupil who, on the basis of diagnostic screening, shows evidence of being a pupil with a handicapping condition as defined in section 200.1(d) of this Title.
    2. A pupil who is possibly gifted shall mean a pupil who, on the basis of diagnostic screening, appears to meet the definition of gifted and talented as contained in section 142.2 of this Title.
    3. A pupil who possibly is limited English proficient shall mean a pupil who, on the basis of diagnostic screening, appears to meet the definition of limited English proficiency as contained in section 154.2 of this Title.
    4. New entrant shall mean a pupil entering the New York State public school system for the first time, or reentering a New York State public school with no available record of a prior screening.
    5. For purposes of paragraph (a) of subdivision (5) of section 3208 of the Education Law:

Pupils who score below level two on either the third grade reading or mathematics test for New York State elementary schools and pupils who obtain a comparable percentile score on the Regents Preliminary Competency Test in reading or writing shall mean pupils obtaining scores that have been designated by the commissioner as the scores indicating the need for diagnostic screening. Those pupils exempted from testing as non-English-speaking shall be examined in the pupil's native language through similar procedures, and shall be screened for possible handicapping conditions if resultant scores are comparable to those indicated above.

    1. Diagnostic screening shall mean a preliminary method of distinguishing from the general population those pupils who may possibly be gifted, those pupils who may possibly have a handicapping condition and/or those pupils who possibly are limited English proficient.

117.3 Diagnostic Screening.

    1. Each school district shall develop a plan for the diagnostic screening of all new entrants, pupils who score below level two on either the third grade reading or mathematics test for New York State elementary schools and students who obtain a comparable percentile score on the Regents Preliminary Competency Test, and all such new entrants, pupils and students shall receive such screening.
    2. Such diagnostic screening shall be conducted:

(1) by persons appropriately trained or qualified;

    1. in the pupil's native language if the language of the home is other than English;
    2. in the case of new entrants, prior to the school year, if possible, but no later than December first of the school year of entry, or within 15 days of transfer of a pupil into a New York State public school should the entry take place after December first of the school year;
    3. in the case of pupils who score below level two on either the third grade reading or mathematics test for New York State elementary schools, and students who obtain a comparable percentile score on the Regents Preliminary Competency Test, within 30 days of the availability of the test scores.

c. Diagnostic screening shall include, but not be limited to:
      1. a health examination by a duly licensed physician, or evidence of such in the form of a health certificate, in accordance with sections 903, 904 and 905 of the Education Law;
      2. certificates of immunization or referral for immunization in accordance with section 2164 of the Public Health Law:
      3. a determination of receptive and expressive language development, motor development, articulation skills and cognitive development;
      4. a determination that the pupil is of foreign birth or ancestry and comes from a home where a language other than English is spoken as determined by the results of a home language questionnaire and an informal interview in English.
    1. The results of the diagnostic screening shall be reviewed and a written report of each pupil screened shall be prepared by appropriately qualified school district staff. Such report shall include a description of diagnostic screening devices used, the pupil's performance on those devices and, if required, the appropriate referral.
    2. A pupil who may have a handicapping condition shall be referred to the committee on special education no later than 15 calendar days after completion of such diagnostic screening. Such referral shall be accompanied by the report of such screening.
    3. A pupil identified as possibly gifted shall be reported to the superintendent of schools no later than 15 calendar days after completion of such screening. Such referral shall be accompanied by the report of such screening.
    4. A pupil being identified as limited English proficient shall be assessed in accordance with part 154 of this title.