Section 100.2 General School Requirements

100.2 General school requirements.

(ee) Academic intervention services.

(1) Requirements for providing academic intervention services in kindergarten to grade three. Schools shall provide academic intervention services to students in kindergarten to grade three when such students:

(i) are determined, through a district-developed or district-adopted procedure that meets State criteria and is applied uniformly at each grade level, to lack reading readiness based on an appraisal of the student, including his/her knowledge of sounds and letters; or

(ii) are determined, through a district-developed or district-adopted procedure applied uniformly at each grade level, to be at risk of not achieving the State designated performance level in English language arts and/or mathematics. This district procedure may also include diagnostic screening for vision, hearing and physical disabilities pursuant to Article 19 of the Education Law, as well as screening for possible limited English proficiency or possible disability pursuant to Part 117 of this Title.

(2) Requirements for providing academic intervention services in grade four to grade eight. Schools shall provide academic intervention services when students:

(i) score below the State designated performance level on one or more of the State elementary assessments in English language arts, mathematics, social studies or science;

(ii) are limited English proficient (LEP) and are determined, through a district-developed or district-adopted procedure uniformly applied to LEP students, to be at risk of not achieving State learning standards in English language arts, mathematics, social studies and/or science, through English or the student's native language. This district procedure may also include diagnostic screening for vision, hearing, and physical disabilities pursuant to Article 19 of the Education Law, as well as screening for possible disability pursuant to Part 117 of this Title; or

(iii) are determined, through a district-developed or district-adopted procedure uniformly applied, to be at risk of not achieving State standards in English language arts, mathematics, social studies and/or science. This district procedure may also include diagnostic screening for vision, hearing, and physical disabilities pursuant to Article 19 of the Education Law, as well as screening for possible limited English proficiency or possible disability pursuant to Part 117 of this Title.

(3) Requirements for providing academic intervention services in grade nine to grade twelve. Schools shall provide academic intervention services when students:

(i) score below the State designated performance level on one or more of the State intermediate assessments in English language arts, mathematics, social studies or science, or score below the State designated performance level on any one of the State examinations required for graduation; or

(iii) are determined, through a district-developed or district-adopted procedure uniformly applied, to be at risk of not achieving State learning standards in English language arts, mathematics, social studies and/or science. This district procedure may also include diagnostic screening for vision, hearing, and physical disabilities pursuant to Article 19 of the Education Law, as well as screening for possible limited English proficiency or possible disability pursuant to Part 117 of this Title.

(4) Description of academic intervention services.

(i) By July 1, 2000, a school district shall develop a description of academic intervention instructional and/or student support services to be provided in schools to students in need of such services pursuant to paragraphs (1), (2) and (3) of subdivision (ee) of this section. The description shall include any variations in services in schools within the district, and shall specifically describe:

(a) the district-wide procedure(s) used to determine the need for academic intervention services;

(b) academic intervention instructional and/or student support services to be provided pursuant to paragraph (5) of subdivision (ee) of this section;

(c) whether instructional services and/or student support services are offered during the regular school day or during an extended school day or year; and

(d) the criteria for ending services, including, if appropriate, performance levels that students must obtain on district-selected assessments.

(ii) The description of academic intervention services shall be approved by each local board of education by July 1, 2000. In the New York City School District, the New York City Board of Education may designate that the plans be approved by the Chancellor or his designee or by community school boards for those schools under their jurisdiction. Beginning July 1, 2002 and every two years thereafter, each school district shall review and revise its description of academic intervention services based on student performance results.

(iii) In lieu of a separate description of academic intervention services, the district may incorporate the description of academic intervention services into a comprehensive district education plan. In this instance, the preparation date for the description of academic intervention services shall conform to the date of the preparation of the comprehensive district education plan.

(iv) Based on performance criteria established by the Commissioner, certain school districts may be required to submit their description of academic intervention services for specific schools to the Department for review and approval.

(5) Provision of academic intervention services.

(i) School districts may use time available for academic intervention instructional and/or student support services during the regular school day.

(ii) School districts may provide students with extended academic time beyond the regular school day and school year.

(iii) In public schools, academic intervention instructional and/or support services shall be provided by qualified staff who are appropriately certified pursuant to Part 80 of this Title.

(iv) Beginning September 1, 2000, academic intervention instructional and/or student support services shall commence no later than the beginning of the semester following a determination that a student needs such services. Services shall continue until a student's performance:

(a) meets or exceeds the State designated performance level on the next State assessment; or

(b) is shown to be likely to meet or exceed the State designated performance level on the next State assessment through achievement on the district-selected assessments of the levels specified in the district description of academic intervention services pursuant to paragraph (4) of subdivision (ee) of this section.

(6) Parental notification and involvement.

(i) Notification of commencement of services. The parent or person in parental relation to a student who has been determined to need academic intervention services shall be notified in writing by the principal. Such notice shall be provided in English and translated, when appropriate, into the native language or mode of communication of the parent. The notice shall include a summary of the academic intervention services to be provided to the student, the reason the student needs such services and the consequences of not achieving expected performance levels.

(ii) Notification of the ending of academic intervention services. Parents or persons in parental relation shall be notified in writing when academic intervention services are no longer needed. Such notice shall be provided in English and translated, when appropriate, into the native language or mode of communication of the parent.

(iii) Ongoing communication with parents or persons in parental relation. Parents or persons in parental relation to students receiving academic intervention services shall be provided with:

(a) an opportunity to consult with the student's regular classroom teacher(s), and other professional staff providing academic intervention services, at least once per semester during the regular school year;

(b) reports on the student's progress at least once each quarter during the regular school year by mail, telephone, telecommunications or other means, in a language or mode of communication understood by the parents or person in parental relation; and

(c) information on ways to work with their child to improve achievement; monitor their child's progress; and work with educators to improve their child's achievement.

(ff) Enrollment of youth released or conditionally released from residential facilities.

(1) It shall be the duty of the board of education and the superintendent of schools of each school district to ensure:

(i) that any youth presented for enrollment who is entitled to attend the schools of such district pursuant to Education Law section 3202 and who is released or conditionally released from a residential facility operated by or under contract with the Office of Children and Family Services, the Office of Mental Health, the Office of Mental Retardation and Developmental Disabilities or a local department of social services is promptly enrolled and admitted to attendance in such district, and that school district personnel cooperate with such facilities and agencies in facilitating such prompt enrollment;

(ii) that the youth's educational records are requested from the school such student attended while in the residential facility; and

(iii) where applicable, that the educational plan for such student’s release or conditional release, as submitted to the family court pursuant to Family Court Act section 353.3(7)(c), is implemented.

(2) Each school district shall designate one or more employees or representatives to facilitate the prompt enrollment of students who are released or conditionally released and whose duties shall include, but are not limited to, the receipt of student records and serving as a district contact person with residential facilities and State and local agencies.