100.2 General school requirements.

(q) High school program offerings.

(1) School districts shall make available to their students all the options for earning a diploma, which are specified in section 100.5 of this Part. Sufficient instruction shall be provided to meet all the State learning standards.

(2) Advanced courses which convey credit toward a high school diploma and also convey higher education credit may be made available through arrangements with higher education institutions.

(3) A public school district shall not impose any charge or fee on students for any instruction or program required by this Part and leading to a high school diploma.

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(s) Students with disabilities.

(1) Each student with a disability, as such term is defined in section 200.1(cc) of this Title, shall have access to the full range of programs and services set forth in this Part to the extent that such programs and services are appropriate to such student's special educational needs.

(2) Instructional techniques and materials used by schools shall be modified to the extent appropriate to provide the opportunity for students with disabilities to meet diploma requirements. At each annual review of a student's individualized education program, the committee on special education shall consider the appropriateness of such modifications.

(t) Availability of speech and language improvement services.

(1) School districts that provide speech and language improvement services as defined in section 100.1(p) of this Part shall provide such services to any student determined to be in need of such by the building administrator.

(i) The board of education or trustees of each school district shall develop, in consultation with appropriate school personnel, procedures for the recommendation, approval, provision, periodic review, and termination of such services.

(ii) The parent or other person in parental relationship to a student who is to be provided speech and language improvement services shall be notified in writing, in the dominant language or such person, of the initiation and termination of such services. The person who made the recommendation for such services, if an employee of the school district, shall also receive written notice.

(2) A student whose speech impairment adversely affects the student's educational performance shall be referred to the committee on special education for further evaluation and review of the need for special services and programs, pursuant to article 89 of the Education Law.

(v) Educationally related support services. The purpose of this subdivision is to prescribe requirements for educationally related support services provided by school districts pursuant to Education Law, section 3602(32).

(1) Request for educationally related support services. A parent or person in parental relationship to an eligible student, a school administrator, a member of the instructional staff, or a student in his or her own behalf may make a written request to the building principal for educationally related support services.

(2) Determination of eligibility. To be eligible for educationally related support services a student:

(i) shall be either:

(a) an elementary or secondary student, including but not limited to one who is under suspension for more than one day pursuant to section 3214 of the Education Law or one who is transferring to the school from a Division for Youth facility; or

(b) an elementary or secondary student who is identified as having a disability by a committee on special education and whose attendance does not generate excess cost aid; or

(c) an elementary or secondary student who is qualified as a disabled person as defined in section 504 of the Rehabilitation Act of 1973, as amended; and

(ii) shall be:

(a) determined by the building principal in consultation with the direct student support team, which shall include but not be limited to, the student's classroom teacher(s) and building level educationally related support services professional(s), and in the case of an eligible student as defined in clause (i)(c) of this paragraph shall include a group of persons knowledgeable about the child, and the meaning of the evaluation data and placement options; or

(b) where appropriate, shall be recommended by the committee on special education; to:

(1) evidence educational, behavioral, personality or social difficulties that are situational and/or amenable to intervention or a speech impairment that does not adversely affect the student's educational performance;

(2) be able to receive services in the regular educational setting;

(3) be able to benefit from services provided as educationally related support services;

(4) be able to maintain his or her placement in regular education if such services are received;

(5) not be receiving the same or similar services under his or her regular education program; and

(6) not be eligible to receive substantially the same services available through other State, local or federally funded programs.

(3) Referral for service. After a student has been determined to be eligible for services, such student may be referred for educationally related support services by the building principal in consultation with the referring and/or classroom teacher(s) and the building level educationally related support services professional(s) who are to provide such service. Referrals can also be initiated for a student with a disability upon the recommendation of the committee on special education, or for a qualified disabled person not identified as a student with a disability upon the recommendation of a group of persons knowledgeable about the child and about the meaning of evaluation data and placement options.

(4) Notification of eligibility. The educationally related support services professional who is to provide service shall notify the parent or person in parental relation to a student of the provision of educationally related support services unless such notification would be detrimental to the health and safety of the student as determined by the building principal in consultation with the educationally related support services provider and the student. Notification shall include the frequency and expected duration of such service.

(5) Provision of service. Service shall be provided in the most educationally advantageous manner to address student needs. For purposes of this paragraph, in order for services to be provided in the most educationally advantageous manner, such services must be appropriate in length, frequency and duration to the individual needs of each pupil based on diagnostic assessment, and may include individual or group counseling, individual or group speech and language improvement services, small group instruction, modified curricula, individualized tutoring, and other such strategies that have demonstrated success with such pupils. Educationally related support services shall be coordinated with other services and shall include parental involvement, to the greatest extent possible.

(6) Periodic review. The progress of each student receiving service shall be reviewed periodically by appropriate school staff including the school principal, the classroom or referring teacher(s) and the educationally related support services provider. Such review shall occur at least once in each 10 weeks of service provision.

(7) Annual program report. The superintendent of schools shall submit an annual program report to the commissioner in a form prescribed by the commissioner by September 1st next following the year in which services are provided. Such reports shall include:

(i) an assurance that the educationally related support services has been coordinated to the maximum extent feasible with services available pursuant to other State, local and federally funded programs;

(ii) a section on the utilization and effectiveness of speech and language improvement services;

(iii) the total hours of educationally related support services provided from general fund appropriations during such school year which shall be equal to or in excess of the total hours of such services provided from such appropriations during the preceding school year; and

(iv) statistical data indicating referral of students to the committee on special education, and the classification rate for such referrals.

(8) The annual program report, in a proper format as defined in paragraph (7) of this subdivision, shall be required by the commissioner to calculate the apportionment for educationally related support services payable to a school district during the school year in which the report shall be due.

(w) Credit for BOCES programs.

(1) Each board of cooperative educational services (BOCES) shall determine the number of units of credit that will be earned by students successfully completing units of study in each of the instructional programs of the BOCES. The number of units of credit that may be earned for each program shall be determined after consultation with boards of education of the component school districts.

(2) In awarding credit toward a Regents or a local high school diploma, boards of education shall award to students who have successfully completed a BOCES program the number of units of credit determined by the BOCES pursuant to paragraph (1) of this subdivision.

(3) Where a student successfully completes the requirements for a technical endorsement to a diploma as part of an approved career and technical education program offered by a board of cooperative educational services pursuant to section 100.5(d)(6)(v) of this Title, a board of education shall affix such endorsement to the diploma awarded to such student.