ACADEMIC INTERVENTION SERVICES:
QUESTIONS AND ANSWERS
(January 7, 2000)
The University of the State of New York
State Education Department
Office of Elementary, Middle, Secondary and Continuing Education
Albany, NY 12234
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TABLE OF CONTENTS
Page
Definition of Academic Intervention Services……………………………………... 1
Eligibility for Academic Intervention Services ……………………………………. 3
District Description of Academic Intervention Services …………............……….. 8
Provision of Academic Intervention Services ……………………………………... 11
Parental Notification and Involvement …………………………………………...... 17
Relationship of Academic Intervention Services to ERSS, PCEN and Title I …….. 19
Index .......................................................................................................................... 22
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Appendix A: Academic Intervention Services: Regulations
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Definition of Academic Intervention Services [100.1(g)]
1. What are academic intervention services?
Academic intervention services (AIS) are services designed to help students achieve the learning
standards in English language arts and mathematics in grades K-12 and social studies and science in
grades 4-12. These services include two components:
· additional instruction that supplements the general curriculum (regular classroom instruction);
and/or
· student support services needed to address barriers to improved academic performance.
The intensity of such services may vary, but must be designed to respond to student needs as
indicated through State assessments results and/or the district-adopted or district-approved procedure
that is consistent throughout the district at each grade level.
When AIS Is Not Required
Academic intervention services are not required in standards areas where there
are no State
assessments, even though students must earn one or more units of credit for graduation.
They are only required in English language arts, mathematics, social studies, and science.
2. What is meant by “additional" instruction?
Additional instruction means the provision of extra time for focused instruction and/or increased
student-teacher instructional contact time designed to help students achieve the learning standards in
the standards areas requiring AIS.
3. How are student support services defined under AIS?
Student support services means interventions that address barriers to student progress in State
learning standards areas requiring AIS and may include, as needed, school guidance and counseling,
services to improve attendance, coordination of services provided by other agencies, and study skills.
Support services do not include direct academic instruction.
Examples of Barriers to Student Academic Progress
Barriers to academic progress that student support services might address include, but are not
limited to:
Attendance problems Family-related issues Nutrition-related issues
Discipline problems Health-related issues Mobility/transfer issues
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4. How does diagnostic screening under Part 117 and Sections 901-914 of the Education Law relate
to support services under AIS?
Section 100. 2 (ee) of the Commissioner’s Regulations allows diagnostic screening for any student at
risk of not meeting State learning standards to determine whether vision, hearing, or physical
disability is impeding academic progress. Part 117 applies to new entrants into the school system.
Sections 901-914 of Education Law apply to all students.
Relationship of AIS to Programs Under CR Part 154 for LEP/ELL Students
Academic intervention services for limited English proficient (LEP)/English language learners
(ELL) must be supplementary and "in addition to" and must not replace the bilingual and free-
standing ESL instructional program requirements under CR Part 154 services. AIS must be
planned and implemented in coordination with the LEP student’s general education program.
5. Must academic intervention services be provided to students with disabilities?
Yes. Academic intervention services must be provided to students with disabilities on the same basis
as non-disabled students. Students with disabilities are determined to need such services in the same
manner as students without disabilities, i.e., by scoring below the designated performance level on
State assessments or through the district-adopted or district-approved procedure.
Relationship of AIS to Special Education Programs Under Education Law, Sections 4401 (1) (2)
Academic intervention services are additional general education instructional and/or support
services that assist students in meeting State learning standards. AIS are provided in addition to,
and must not supplant, special education services. Because AIS are general education services, they
should not be indicated on the individualized education program (IEP).
Special education services are specially designed individualized or group instruction or special
services or programs designed to meet the student’s unique needs that result from his/her disability
and enable the student to participate and progress in the general education curriculum. The
Committee on Special Education (CSE), with parental input, makes recommendations for special
education and related services that are listed on the student’s individualized education program.
Examples of special education services include consultant teacher services, resource room, or
related services. The CSE cannot recommend that a student with a disability receive AIS.
Meaning of the Phrase “To the Extent Consistent with the Individualized Education Program”
“To the extent consistent with the individualized education program (IEP)” means appropriate
accommodations and supports must be provided when AIS is implemented for students with
disabilities to assure that these students benefit from AIS. For example, if a student’s IEP indicates
that a specific adaptive material, assistive technology device, or curriculum modification is to be
provided, then these same accommodations or supports must be provided when AIS are delivered.
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Eligibility for Academic Intervention Services [100.2 (ee)(1), (2), and (3)]
6. How does a district determine which students are eligible for academic intervention services?
Students eligible for AIS, including those with disabilities and/or limited English proficiency, are:
· those who score below the designated performance levels on elementary, intermediate, and
commencement-level State assessments in English language arts, mathematics, social studies, and
science;
· those at risk of not meeting State standards as indicated through the district-adopted or district-
approved procedure, including those K-3 students who lack reading readiness; and
· LEP/ELL students who do not achieve the annual designated CR Part 154 performance standards
as stipulated in the evaluation design of the CR Part 154 application packets.
7. What is the “State designated performance level” on State assessments for the purpose of including
students in the academic intervention services program?
Each year the elementary and intermediate State assessments will have four designated performance
levels on each assessment. All students who score below level 3 (in levels 1 and 2) are eligible to
receive academic intervention services. At the high school level, students who score below the
approved local passing grade on State assessments required for graduation are eligible to receive
academic intervention services.
Verification of Student Performance With Multiple Measures
The services for particular students should vary in intensity based on their needs. Scoring at level
1 or 2 on State assessments does not automatically determine the intensity of service.
To determine the level of intensity needed by any student who scores below the designated State
performance level, districts are advised to review other measures and sources of evidence to
determine if a particular score on a State assessment is indicative of that student’s overall level of
performance and to determine AIS accordingly. (See Question 8 regarding multiple measures and
Questions 37, 38 and 39 regarding intensity of services.)
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8. What is meant by a “uniformly applied, district-adopted or district-approved procedure?”
Districts must adopt or approve a written procedure for identifying students for academic intervention
services in those grades K-12 where there are no State assessments in English language arts or
mathematics and in those grades 4-12 where there are no State assessments in social studies or
science. This procedure shall apply across the district to all schools and students at the same grade
level.
Districts should assure that multiple assessments/sources of evidence are used and that criteria are in
place that determine:
· The identification of performance on those measures/sources of evidence that would place a
student at risk of not meeting State learning standards and in need of academic intervention
services; and
· Performance that indicates that a student is meeting, or is likely to meet, State learning standards
and no longer in need of academic intervention services.
The multiple assessments/sources of evidence should measure student accomplishment of core
curricula for the elementary, middle, and high school levels in those standards areas requiring AIS.
Such assessments are not limited to, but may include:
1. Developmentally-appropriate measures such as:
· Diagnostic assessments;
· Early reading assessments/literacy profiles;
· Assessment portfolios;
· Performances/demonstrations; and/or
· Assessments of content skills, concepts, and knowledge.
2. Tests of demonstrated technical quality such as:
· Standardized, norm-referenced tests (above grade three);
· Standardized, criterion-referenced tests;
· Other commercially-prepared assessments; and/or
· Other measures that meet the standards contained in Standards for Educational and
Psychological Testing (American Psychological Association).
Sources of evidence are not limited to, but may include:
3. Review of:
· classroom performance ( i.e., participation, student work/portfolios, homework
completion);
· report card grades; and/or
· student records.
4. Recommendations from teachers, administrators, counselors, other school staff, and parents.
Districts may also adopt or approve the procedure in grades where there are State assessments,
particularly to assist in determining the level of intensity needed for services.
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9. How should a district determine the need for academic intervention services in grades 4 and 5 for
social studies and science?
Elements should be incorporated into the district procedure to assess student progress tied to the core
curricula in these standards areas.
10. How should a district identify students for academic intervention services at the high school level?
Any student who scores below the State designated performance level on one or more of the State’s
intermediate assessments, or any LEP/ELL student who does not meet the annual CR Part 154
performance standard, is eligible to receive academic intervention services. Any student who scores
below the district-approved passing grade on any Regents examination required for graduation in
English language arts, mathematics, social studies, or science is eligible to receive academic
intervention services.
Districts must also identify students at-risk of not meeting State standards. Therefore, the district must
adopt or approve a uniform procedure that applies to all high schools across the district for identifying
students in need of academic intervention services. (See Question 8.)
11. How should a district use the district procedure to determine which students in grades 1-3 “lack
reading readiness” and are therefore in need of AIS?
The New York State Reading Initiative includes several resources to assist districts in identifying
early literacy/reading readiness and in determining which students lack such readiness. The
following, and other comparable sources, should be used as the basis of such determination. Among
these resources are:
· The Essential Elements of Reading*
· The Early Literacy Profile*
· The English Language Arts Resource Guide/Core Curriculum*
· Final Report: New York State Reading Symposium (February 11, 1998)
Districts that have created a system, based on research and best practice in literacy learning, for
monitoring student progress may continue to use that system. However, assessments of reading,
writing, speaking, and listening across the English language arts standards must be included. (See
Question 8 for additional assessment procedures.) Reading readiness assessments are also available
from several publishers and other states.
*These resources can be obtained from the New York State Education Department, Publication Sales
Desk, Third Floor, Education Building, Albany, NY 12234. Please call (518) 474-3806 for the price
of publications, postage, and handling charges.
Assessing Reading Readiness for LEP/ELL Students
The CR Part 154 program evaluation design has identified standardized instruments in English and
Spanish that assess the reading readiness of a LEP student. The New York City Board of Education
has developed a reading test in Chinese for grades 3-12. Technical assistance in the identification of
other commercially available procedures can be requested from the regional Bilingual/ESL
Technical Assistance Centers (BETACs).
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12. How should the district use the district procedure to determine which students in grades 1-3 are in
need of AIS for mathematics?
In addition to the multiple assessments and sources of evidence outlined in Question 8, the district
might also develop exemplars and rubrics keyed to State learning standards, as outlined in the
Mathematics Resource Guide with Core Curriculum.
Use the District Procedure When
A student is absent for all or part of a State assessment …
If a student is absent for all or part of a State assessment, no score is provided to the district. In
such cases where a student has no State assessment score, the district should, as soon as
possible, follow the district-adopted or district-approved procedure for identifying students at
risk of not meeting State learning standards.
When a student transfers from out-of-state or the country …
When a student transfers from out-of-state or out of the country, Section 100.2(r) provides
three ways to determine the need for AIS:
· Administering a State-developed or State-approved assessment;
· Reviewing a student’s transcript, if available; and
· Following the district-wide screening procedure applied uniformly across each grade.
Determining Eligibility of LEP/ELL Students Through the District Procedure
The identification/assessment procedures in the approved CR Part 154 Comprehensive Plan must be
followed to ensure fair and uniform assessments when determining AIS for LEP/ELL students.
For LEP/ELL students in bilingual programs who receive instruction in the native language, the
identification procedures/assessments for AIS must be conducted in the native language and in
English.
For those LEP/ELL students in free-standing English as second language programs (ESL), the
identification/assessment procedures for AIS must be conducted in English.
Eligibility for AIS and Referral for Special Education Services
There is not an automatic link between the need for AIS and a referral to special education. If a
student is determined to need academic intervention services, the district should provide those
services. Additionally, districts are required to consider the provision of additional general
education support services (i.e., academic intervention services) to students prior to referral to
special education.
If it is suspected that the difficulties a student is having are due to a disability, districts and schools
should follow procedures for referral for special education services pursuant to Section 200.4 of the
Commissioner’s Regulations. Such referral for special education services must describe the
attempts to address the student’s performance prior to referral, including any supplementary aids or
support services, such as academic intervention services.
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13. What is the requirement for retesting fifth grade students who scored below State standards on
grade 4 English language arts and/or mathematics assessments?
The district-adopted or district-approved procedure must include provisions for retesting all fifth
grade students who scored at level 1 on the elementary State assessments in English language arts
and/or mathematics in grade 4. Districts are encouraged to also retest those students who scored at
level 2 on these assessments in grade 4.
14. When must districts retest fifth grade students who scored at level 1 on the elementary level
English language arts and/or mathematics State assessments in grade 4?
Students in grade 5 who scored at level 1 on the elementary level State assessments in English
language arts and/or mathematics in grade 4 must be retested following a minimum of one semester,
preferably one year, of academic intervention services. Such services, for the1999-00 school year,
can be those provided under Part H, Section 3602 of Education Law, Part 149 of Commissioner’s
Regulations and/or federal ESEA, Title I legislation.
15. What tests should be used to retest fifth grade students who scored below level 2 on elementary
level State assessments in grade 4?
Students who have been promoted to grade 5 should be retested using multiple sources of evidence,
including a commercial test or other test of demonstrated technical quality in reading/English
language arts and/or mathematics selected by the district. The elementary level English language arts
and mathematics State assessments given in grade 4 cannot be used for this purpose. For LEP/ELL
students, retesting in mathematics may be done in English and, where appropriate, in the native
language.
If the external reading/English language arts assessment does not contain a writing component, the
district must provide local evidence of student progress in writing using State rubrics. Such local
evidence must be determined uniformly across all fifth grades in the district.
16. Must fourth grade students who were retained be retested?
Yes. All fourth grade students, including those retained and new entrants to the school system, must
take all elementary level State assessments during the regularly scheduled administration of those
tests.
17. Do students who scored below level 2 in grade 8 on intermediate level State assessments need to be
retested?
No. Those students who were promoted to grade 9 should be tested through the regular high school
State testing program and/or the district procedure. All eighth grade students, including those
retained and new entrants, must take all intermediate level State assessments during the regularly
scheduled administration of those tests.
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18. While the regulations stipulate that districts must provide academic intervention services, are
students required to participate?
A school district has the authority and responsibility to place students in appropriate academic
programs during the regular school day. Thus, a district may place students in academic intervention
services as part of their academic program. A district may, by board resolution, extend the school
day. Hours of compulsory attendance are district-determined and should not be confused with the
hours for maximum State Aid which are 5.0 for elementary and 5.5 for secondary.
Attendance in summer school programs are voluntary and not compulsory. However, opportunities
for academic intervention services in the summer are encouraged.
19. How should a district determine that a student no longer requires academic intervention services?
The district should use the multiple measures criteria established in the district-adopted or district-
approved procedure for identifying performance that indicates a student has met, or is likely to meet,
State learning standards, and no longer in need of academic intervention services. (See Question 8.)
District Description of Academic Intervention Services [100.2 (ee) (4)]
20. Must all districts develop a description of the academic intervention services to be offered in the
district?
Yes. All districts in New York State must develop a description of the academic intervention services
that will be offered throughout the district in grades K-12 to students in need of such services,
including services for LEP/ELL students and students with disabilities.
21. When must the first description (plan) of academic intervention services be adopted by local district
Boards of Education?
Local Boards of Education must approve the district’s description of academic intervention services
by July 1, 2000.
In New York City, the Board of Education may determine that plans will be approved by the
Chancellor or his designee or by community school boards for schools under their jurisdiction by July
1, 2000.
22. How often must the description be reviewed?
The description must be reviewed and revised, based on student performance results, every two years
beginning on July 1, 2002.
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23. Do descriptions of academic intervention services have to be submitted to the New York State
Education Department for approval?
In general, local school districts will not be required to submit descriptions of academic intervention
services to the Department. However, based on performance criteria established by the
Commissioner, certain school districts may be required to submit the district description of academic
intervention services for specific schools for review and approval.
24. What are the responsibilities of districts that have completed, or will be preparing, Comprehensive
District Education Plans (CDEPs)? Must the local Board of Education still approve the
description of academic intervention services?
Districts that have completed, or will be preparing CDEPs, may incorporate the description of
academic intervention services into these plans provided all elements of the description are included,
as required by Section 100.2 of the Commissioner’s Regulations. The Board of Education must still
approve the description. However, the approval date would coincide with the preparation date of the
CDEP.
What to Consider When Developing the Description
Districts may want to consider the following factors when developing the description of
academic intervention services:
· Inclusion of administrators, classroom teachers, special area teachers,
counselors/pupil personnel staff, parents, community members, and students, if
appropriate, in the development of the description;
· Development of a work plan and timeframe for timely completion;
· Procedures for oversight and monitoring of services;
· Data-driven procedures for reviewing and adjusting services; and
· Identification of roles and responsibilities for description developers as well as for
those charged with oversight, monitoring, and review of services.
25. What elements must be incorporated into the district’s description of academic intervention
services?
The description (plan) must include the following:
· The procedure used to determine the need for academic intervention services (See Question 8);
· The academic and support services to be provided, including when these are to be provided; and
· The criteria for ending services, including the performance levels students must attain on district-
selected assessments. (See Question 8.)
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26. How should a district design a program of academic intervention services that meets the range of
student needs for all schools?
The district, in consultation with the schools, is responsible for developing the description of services
for all schools and presenting it to the Board of Education for approval. Any variations to the general
plan that apply to specific schools must be included in the district description. In order for the district
to develop variations to the general description, each school should analyze its population of students
eligible for AIS and give the district relevant information for development of the district description.
Such information may include, but is not limited to, the following:
· The number of eligible students at each grade level and standards area;
· The range of performance levels of eligible students as determined through State assessment
results and/or measures included in the district-adopted or district-approved procedure;
· Suggested staffing, instructional approaches, and scheduling options needed to meet the range of
intensity needs of students needing AIS.
The district description of academic intervention services should then include sufficient services and
scheduling options to meet the range of intensity needs of students across all school buildings as
determined by results on State assessments and through the district procedure.
27. Must individual schools develop descriptions for academic intervention services? Do students need
an individual plan for academic intervention services?
No. State regulations do not require schools to develop separate descriptions for academic
intervention services, nor are individual academic intervention services plans required for students.
Students should receive services according to the district description, taking into account the intensity
of services needed. However, Title I schoolwide schools must continue to develop and review
schoolwide plans that incorporate AIS for students. (See Questions 38 and 39.)
28. What is the relationship of the district’s description of academic intervention services to the
district’s written guidance plan? [CR 100.2(j)]?
Section 100.2(j) of the Commissioner’s Regulations calls for a district plan for guidance for grades K-
12 which, in part, describes support services (guidance, counseling, etc.) to help students who
“exhibit any attendance, academic, behavioral, or adjustment problems.” These support services can
be provided by school counselors, school psychologists, school social workers and attendance
teachers, and can be included in the district’s description of academic intervention services.
In addition, for grades 7-12, an annual review of each student’s educational progress is required. This
activity can be included in the description of AIS as a strategy to monitor and communicate
information concerning individual student performance in relation to attainment of State standards.
29. What funding sources can a district use to support the academic instruction and student support
service components included in academic intervention services?
In addition to local funds, school districts are encouraged to use the following sources, in accordance
with the regulations attached to each, to partially fund academic intervention services:
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Federal State
· ESEA Title I · PCEN Set-aside
· ESEA Title IV · Extraordinary Needs Aid
· ESEA Title VI · Operating Standards Aid*
· Emergency Immigrant · Educationally-Related Support Services Aid
Education Program (EIEP) · Limited English Proficiency Aid
· Bilingual EXCEL grant
· Attendance Improvement/Dropout
Prevention Set-aside (AIDP)
· ESEA Title VII grant
· Youth-At-Risk grant Big Five Cities
· Extended Day/School · Categorical Reading Aid
Violence Prevention grant · Improving Pupil Performance Aid
*
Operating Standards Aid may include academic intervention services if such services are included in the
Operating Standards Aid plan.
Provision of Academic Intervention Services [100.2 (ee) (5) ]
30. When must a district implement academic intervention services?
Beginning September 1, 2000 academic intervention instructional and/or student support services
must commence no later than the beginning of the semester following a determination that a student
needs such services.
31. When should a student be scheduled to start academic intervention services?
Services may start at any time, but must commence no later than the semester following a
determination that such services are needed. At the high school level, AIS cannot be postponed until
students are scheduled for a course in which AIS is needed.
32. When must academic intervention services in social studies and science commence?
Academic intervention services in social studies and science must commence in grade 4 no later than
the semester following a determination of the need for such services. It is recommended that students
be assessed for being at risk of not meeting State learning standards in these areas no later than the
end of the first semester of grade 4 using the district-adopted or district-approved procedure. In
subsequent grades, services should commence following a determination of need using State
assessment results and/or the district procedure. (See Question 8.)
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Requirements for Providing Academic Intervention Services for the 1999-00 School Year
Many school districts are currently required under Part H, Section 3602 of Education Law
(PCEN), Part 149 of Commissioner’s Regulations (PCEN), and federal ESEA, Title I legislation,
to provide remedial and/or academic support services to students who fall below State standards,
or who are at risk of not meeting State standards. It is expected that these services will continue to
be implemented during the 1999-00 school year as districts develop the description of academic
intervention services. However, all districts are encouraged to implement the provisions of
academic intervention services as soon as possible.
33. Who are considered “qualified, appropriately certified staff” required to provide academic
intervention services?
Districts must use staff to provide academic intervention services who are appropriately certified
under Part 80 of the Commissioner’s Regulations for the area(s) of their instructional assignment, i.e.,
reading, English language arts, mathematics, social studies, or science, or for the area of their student
support service assignment, i.e., pupil personnel services. The following are examples for teachers
who currently hold valid New York State teaching certificates:
· At the elementary level, appropriate certifications for instructional assignments in mathematics,
social studies, and science include Common Branch, PreK-6, and N-6 as defined in Section 80.15
of Commissioner’s Regulations. For the provision of AIS in reading, however, reading
certification (Section 80.7 of Commissioner’s Regulations) is strongly recommended.
· At the secondary level (grades 7-12) approvable certifications for AIS instructional assignments
include certification in reading (80.7) and content certifications in English, mathematics, science,
and social studies as specified in Section 80.16 of Commissioner’s Regulations. Grade 5-6
annotations to these content certificates are also appropriate at the elementary level.
· At both elementary and secondary levels, appropriate certifications for providing AIS include
those for bilingual education (Section 80.9) and teaching English to speakers of other languages
(Section 80.10) of Commissioner’s Regulations.
· At both elementary and secondary levels, appropriate certifications for providing AIS include
those for special education as defined in Section 80.6 of Commissioner’s Regulations. However,
if a special education teacher provides AIS to a student, it is not a special education service.
· Appropriate certifications for the provision of student support services include those pupil
personnel certifications defined under Section 80.3 of Commissioner’s Regulations.
In addition to certification requirements, school districts should consider other factors such as
experience, unique training, etc., to determine the qualifications of staff hired to provide AIS.
34. Who are considered “qualified, appropriately certified staff” required to provide academic
intervention services in the area of early literacy (K-3) intervention?
Teachers are considered to be qualified to provide AIS in the area of early literacy intervention if
they:
· hold a valid New York State Common Branch or reading certification; and
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· have had additional training in the area of early literacy as outlined in the National Research
Council’s Preventing Reading Difficulties in Young Children. (National Academy Press,
Washington, D.C., 1998)
Beginning in September 2004, revisions to Commissioner’s Regulations will introduce additional
certificate titles. For general information regarding certification, log on to the Department’s web site
at: www.highered.nysed.gov:9220/tcert/, contact your local BOCES, or write to the Office of Teacher
Certification at [email protected].
35. Can a district use appropriately certified teaching assistants to provide academic intervention
services?
Teaching assistants cannot be the primary provider of academic intervention services. They can
provide support for certified teachers who are the primary providers of AIS. They must work under
the supervision of these certified teachers and perform only those duties as outlined in Section 80.33
(b) of Commissioner’s Regulations.
Use of Teacher Aides
Teacher aides may only be assigned to assist teachers in non-teaching duties as specified in
Section 80.33 (a) of Commissioner’s Regulations. Therefore they cannot be used to provide AIS.
36. How can a school use the district’s description of AIS to implement services that meet the needs of
students in a particular building?
Each school should analyze its population of students eligible for AIS and select scheduling and
intensity of service options from the district description to implement services in that school that best
meet the needs of its students. Factors to consider include, but are not limited to, the following:
· The number of eligible students at each grade level and standards area;
· The range of performance levels of eligible students as determined through State assessment
results and/or measures included in the district-adopted or district-approved procedure; and
· Staff and instructional approaches to implement services at the level of intensity needed by all
students in the school requiring AIS.
37. What is meant by intensity of service?
Intensity of service means the provision of services for students based on the level of their needs as
determined through multiple measures and sources of evidence. Students with the most intense needs
would receive more scheduled services, for a longer duration, and with more individualization.
Students with the least intensive needs might only receive progress monitoring as a student support
service.
38. What scheduling options might the district/schools include in varying the intensity of service?
The district and schools should include as many scheduling options as are necessary to meet the range
of student needs in the district. Such options include, but are not limited to, the following:
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· Extra period(s)/time during the regular school day;
· Within-class staffing that reduces student-teacher ratios (e.g., co-teaching, team-teaching );
· Extended school day;
· Before-school sessions;
· After-school sessions;
· Evening sessions;
· Weekend sessions; and/or
· Summer school.
Caution should be exercised in scheduling extra periods so students are not taken out of regular
instruction. Some schools use study halls, activity or enrichment periods
.
39. How else can the district/schools vary the intensity of services for students?
The district/schools can also vary the intensity of academic intervention services for students by
varying the duration and degree of individualization.
Duration
Number of times per week - (Once - Twice - Three or Four - Daily)
Amount of time per session - (Few minutes - Half hour - Entire period - Double period)
Degree of individualization
In class -- Large Group (10-15) -- Small Group (5-8) -- Mini Group (2 – 4) -- One-on-one
For example, some students with more intensive needs could be scheduled for an additional 40-
minute period during the day for five days, a small group 30-minute after-school session for three
days, plus summer school. Another group of students with the least intensive needs might only be in
an in-class model.
40. What is meant by progress monitoring? When is this an appropriate student support service?
Indicators on other multiple measures for some students who score below the State designated
performance level on State assessments (especially in the upper range of level 2) show relatively little
risk of not meeting State learning standards. These students might not need additional instruction.
However, they must receive some form of AIS.
In those cases, monitoring of a student’s performance by school staff would be an appropriate student
support service. This could include such activities as regular progress checks, further assessments,
and meetings with the classroom teacher to adjust instruction, if necessary.
Records of this service should be kept, as for all AIS services.
41. What general criteria must be met for an approach to count as academic intervention services?
In order for additional instruction and/or student support services to count as academic intervention
services, these general criteria should be met:
· Student needs should be assessed by a trained staff member;
· Specific interventions should be provided beyond general instruction in the course;
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· Student progress should be assessed regularly;
· Records should be kept of the services provided; and
· Certified teachers/professional staff/teaching assistants should be appropriately assigned.
42. Can “stretch” courses (example: a one-year course extended over three semesters or more) or
double period blocked courses count as academic intervention services?
“Stretch”courses and/or double-blocked periods by themselves do not constitute academic
intervention services. In order for an extended time course to count as academic intervention
services, the district must provide additional help to assist those students requiring AIS to be
successful in the course. For those students requiring more intensive service, districts should also
consider additional supports such as co-teaching models that reduce class size, additional periods,
summer school, etc.
AIS Not Credit-Bearing
Academic intervention services are not credit-bearing. However, when students are in
“stretch” courses where AIS are being provided, they would receive credit for the course the
same as students who are in the course who do not require AIS. The amount of credit depends
on the amount of time for which the course is scheduled.
43. Can academic intervention services at the high school level include having a student repeat a
course?
A school may determine that a student needs to repeat a course. However, repeating a course alone is
not an acceptable way to provide academic intervention services. In order to count as academic
intervention services, the district must provide additional help to assist those students requiring AIS
to be successful in the repeated course. All minimum AIS criteria outlined in Question 40 apply in
this situation as well.
44. Can computer-assisted instruction (CAI), distance learning, and tutoring (one-on-one instruction)
be considered appropriate approaches to provide academic intervention services?
Yes. Computer-assisted instruction, distance learning, and tutoring can be included in the mix of
approaches to deliver academic intervention services provided that all minimum AIS criteria outlined
in Question 40 are implemented.
45. When might it be appropriate to provide student support services alone without an instructional
component?
When a student who is already meeting State standards exhibits behaviors that put him/her at risk of
not meeting State learning standards in the future, student support services are warranted. For
example, a student who had not exhibited such behavior in the past begins to have excessive
absences. In this case, the services of a school counselor or social worker would be appropriate.
1/7/00 18
46. When is it not appropriate for a student to be given student support services under Section 100.2
(ee) of the Commissioner’s Regulations?
Student support services under Section 100.2(ee) would not be appropriate when a student exhibits
disciplinary or social problems that do not put him/her at risk of not meeting State learning standards.
This student would receive regular guidance or counseling services.
Providing AIS for Students in More Than One Standards Area
Academic instructional services in more than one standards area can be combined where
appropriate. For example, lack of reading/literacy development may be preventing progress in
social studies. In such cases, reading/literacy with a content focus could be the primary vehicle for
academic intervention services with secondary support in social studies content/skills.
47. What documentation of student progress is required?
A school should record the information necessary, including State assessment data and the
measures/sources of evidence used in the district procedure, to document progress of students and to
determine when that progress warrants a student being discontinued from academic intervention
services. In addition, quarterly progress reports are required to be given to parent(s). These reports
must be provided to parent(s) in English and translated, where appropriate, into their native language.
Considerations for AIS Instruction for LEP/ELL Students
For LEP/ELL students who are in Bilingual Education programs, academic intervention services
in the standards areas of mathematics, science, social studies, and language arts must be provided
in English, or the native language, depending on the specific needs of the students. Language arts
incorporates English as a second language (ESL), native language arts (NLA), and English
language arts (ELA) instruction. For LEP/ELL students in special education, academic
intervention services must be provided in the language of instruction stipulated in their IEP.
1/7/00 19
Role of the Committee on Special Education in Relation To AIS
The CSE must ensure that staff providing AIS are informed of their responsibilities related to
the specific accommodations, modifications and supports that must be provided for the student
in accordance with the IEP. In addition, staff must have access to the student’s IEP. This
ensures that supports and accommodations listed on the IEP are consistently applied with the
provision of AIS. This does not require a meeting of the CSE.
If a student is determined to need AIS and has already been identified as a student with a
disability, school personnel may determine that a review of the student’s IEP by the CSE is
needed. For example, a student scores below the designated State performance level in English
language arts and is receiving special education service to address his/her need in reading. In
this case, a review by the CSE of the student’s IEP may be warranted to coordinate the
additional reading instruction.
AIS Not On a Student’s IEP
It is no longer required for the IEP to indicate the extent to which the student will participate in
the general education program. AIS are general education services and should not be indicated
on the IEP. However, the scores the student received on the local or State assessments that
identified a student with a disability as needing AIS may be indicated on the IEP under present
levels of performance.
48. Can a school district reduce, eliminate, or postpone instruction in any standards area to provide
academic intervention services?
In grades K- 4, and in grades 5-8, all 28 State learning standards must be included in a student’s
program of instruction. Such instruction must be adequate for preparing students to meet the
elementary level standards at the end of grade 4 and the intermediate level standards at the end of
grade 8 in each of these 28 areas.
In grades 7-8, academic intervention services must be provided in a manner that does not diminish
instructional time to a degree that may prevent a student from achieving the State learning standards
in any area required for graduation or from meeting local standards for promotion. This provision,
however, applies only to an individual student and not to a whole school reduction of the amount of
time devoted to a particular subject. In addition, there are specific conditions in the regulations that
govern how the “reduce, but not eliminate” provision is to be implemented for an individual student.
[100.4 (b) (4) (ii)]
In grades 9-12, in order to provide required academic intervention services, the school may postpone,
but not eliminate, particular courses required for graduation.
Districts are encouraged to keep the total needs of students in mind when scheduling AIS support. In
so far as possible, opportunities should be available for students to remain enrolled in areas such as
the arts and/or career and technical education while concurrently receiving AIS.
Draft – 1/7/00 20
Parental Notification and Involvement [ (100.2 (ee) (6) ]
49. When a student has been identified for academic intervention services, how should the parent(s),
or the person(s) in parental relation to the student be notified?
The parent(s), or the person(s) in parental relation to the student, must be notified in writing by the
principal of the school that the student attends that his/her child will be receiving academic
intervention services. Such notice must be provided in English and translated, when appropriate, into
a parent’s native language.
50. What elements must be included in the written notification of commencement of services to
parent(s)?
The commencement of services notification must include the following:
· A summary of the academic intervention services to be provided;
· The reason the student needs such services; and
· Consequences of not achieving expected performance levels.
Mode of Communication of the Parent(s)
In addition to translating the notices into the native language of the parent(s), where
appropriate, the district must also make additional accommodations for parent(s) with
different modes of communication, such as the visually impaired or those with limited
literacy skills in English or their native language.
51. When a student no longer needs academic intervention services, how should the school notify the
parent(s) that services are being discontinued?
The parent(s), or the person(s) in parental relation to the student, must be notified in writing by the
principal of the school that the student attends that academic intervention services for his/her child
will be discontinued. Such notice must:
· include the criteria for ending service;
· include the performance levels obtained on district-selected assessments, if appropriate; and
· be translated, where appropriate, into the native language of the parent(s).
Other forms of communication may be necessary, for example, for parent(s) with limited literacy
skills in English or the native language, the visually-impaired, etc.
52. What are the requirements for providing on-going communication to the parent(s), or person(s) in
parental relation to a student receiving academic intervention services?
At a minimum, districts/schools must provide parent(s), or person(s) in parental relation to a student
receiving academic intervention services, the following:
1/7/00 21
· Opportunities, once each semester, such as parent conferences, for consultation with the student’s
regular classroom teacher(s) and other professional staff providing academic intervention
services, including those involved with academic support services.
· Quarterly reports during the regular school year on the student’s progress. Such reports may be
by mail, telephone, telecommunications, or included in the student’s report card. Such reports
should be translated into the native language of the parent(s), where appropriate. The district
must also make additional accommodations for parent(s) with different modes of communication,
such as the visually impaired or those with limited literacy skills in English or their native
language.
· Information on ways parent(s) can become involved in working with their child, monitoring their
child’s progress, and working with teachers and other educators providing academic intervention
services to improve their child’s achievement.
Providing Parent(s) With Information To Foster Support and Involvement
Districts and schools should provide information to parent(s) in a combination of ways in
order to foster their support and involvement in helping their child meet State learning
standards. Examples of the many ways information can be provided include, but are not
limited to, the following:
· Printed materials such as newsletters, brochures, and booklets
· Audio materials such as tapes and CDs
· Electronic means such as telephones, computers, and web sites
· Cable television
· Videos
· Parent liaisons
· Resource centers
· Training sessions
· Home-school exchange folders
· Home and school conferences
53. What is a district’s responsibility if a parent objects to having his/her child receive academic
intervention services?
The district should, in a timely manner, listen to parental concerns, share evidence of the student’s
need for academic intervention services, and work with the parent(s) to assure the provision of
appropriate academic intervention services. Placement in educational programs during the regular
school day, however, remains the responsibility of the district and school.
54. Do parent(s) have the right to advocate for their child to receive academic intervention services or
to make changes in academic intervention services already being provided for their child?
Yes. Parent(s) may advocate for their child to receive academic intervention services. The district
should, in a timely manner, listen to parental concerns and review the student’s school record and
assessment results to determine if the child meets eligibility criteria for AIS. Parent(s) also have the
1/7/00 22
right to request changes in the program of academic intervention services being provided to their
child. District and school staff should work with parent(s) to:
· Determine the possible necessity for changes based on additional information; and
· Review scheduling and delivery options that might better meet the student’s needs.
However, the district retains the responsibility for appropriate placement of the student.
55. Do parent(s) have the option of having their child receive supplemental services given by providers
outside the school district? If so, how does that affect the child’s participation in the school’s
program of academic intervention services?
Parent(s) may provide, at their own expense, additional supplemental services for their children
outside of the regular school day. However, that does not negate the obligation of the school district
to place the child in appropriate educational programs, including academic intervention services
provided by the district, nor does it allow for parent(s) to keep their child out of academic
intervention services.
Relationship of AIS to ERSS, PCEN and Title I
56. What is the relationship of academic intervention services to services provided through
Educationally Related Support Services (ERSS)?
Every school district is eligible to receive Educationally Related Support Services Aid. Sections
100.1(r), 100.1(s), and 100.2(v) of the Commissioner’s Regulations outline requirements associated
with these funds. These services are provided in the regular education setting for students referred by
the building principal or, for students with disabilities, in accordance with the recommendations of
the CSE or the 504 team.
Eligible students display educational, behavioral, personality, social or speech difficulties, which, if
not addressed, could adversely affect educational performance and could result in the need for special
education services.
ERSS includes curriculum and instructional modification as well as support services (psychological,
social work, non-career counseling, speech and language services and direct student support team
service). Therefore, appropriate ERSS can be included in the district’s description of academic
intervention services.
57. What is the relationship of academic intervention services to services provided under PCEN
(Pupils with Compensatory Educational Needs)?
Section 3602 (12)(g) of the Education Law requires school districts to provide remedial instruction to
pupils with compensatory educational needs. This legislation also requires certain school districts to
“set aside” (account for separately) funds for this purpose. For other districts, funding is included in
the general Operating Aid received from the State. Two sections of the Commissioner’s Regulations
that provide implementation guidelines are:
1/7/00 23
· CR Part 149 outlines requirements for school districts receiving “set-aside” funds to provide
remedial instruction to pupils with compensatory educational needs, i.e., those who do not meet
State standards or who are at-risk of not meeting State standards.
· Recently approved revisions to Commissioner’s Regulations, Section 100.1(g) and 100.2(ee),
have replaced the former regulations that outlined compensatory education requirements for
school districts that are not required to set aside funds for the provision of remedial instruction to
pupils in need of compensatory education.
Part 149 of Commissioner’s Regulations will be revised to correspond to changes in Sections
100.1(g) and 100.2(ee) and to reflect an intervention focus. Until then, however, these regulations
remain in effect for districts. PCEN can partially provide academic intervention services in those
districts with set-aside funding.
58. What is the relationship of academic intervention services (AIS) to services provided under federal
Title I of ESEA (Elementary and Secondary Education Act of 1994)?
Eligibility for students to receive services under AIS and Title I compensatory education services is
determined in the same way. Both academic intervention services and compensatory education
services provided under Title I allow additional instructional services for students who fall below the
designated State performance level on State assessments or who are determined to be at-risk of not
meeting State learning standards through the district procedure.
While the priority standards areas for Title I programs continue to be English language arts and
mathematics, the instructional services under these programs do not have to be different. If districts
follow the program of services outlined in the AIS district description to implement Title I services,
the programs are one and the same. However, all federal requirements pertaining to Title I programs
must also be met.
Among these federal requirements are the following examples:
· Submission of Application · Parent Involvement Policy · Inclusion of services for
and Application Supplement (District and Schools) and migrant, homeless,
to SED for approval School-Parent Compacts neglected/delinquent,
nonpublic school students
· Poverty Criteria for · Building plans for · Program Reporting
Allocation of Funds to schoolwide schools
Schools
59. Can a district presume to already be providing academic intervention services to at-risk and other
special needs students if those students are already receiving supplemental services under
entitlement programs such as PCEN (Pupils with Compensatory Educational Needs) or Title I
ESEA (Elementary and Secondary Education Act of 1994)?
Academic intervention services must be provided to eligible students according to Commissioner’s
Regulations. PCEN programs may meet this requirement in part. Title I programs may also meet this
requirement, in part, if “Title I funds supplement the amount of funds that would, in the absence of
such federal funds, be made available from non-federal sources for the education of pupils
participating in [such] programs and do not supplant such funds.” The district must show that it is not
reducing the amount of local, State, or other funds that would otherwise be provided for general
1/7/00 24
education services, absent Title I funds. However, neither PCEN nor Title I programs may be
sufficient to provide all of the services to which students are entitled under Section 100.2(ee) of
Commissioner’s Regulations.
[See ESEA, Title I, SEC. 1120A and the 1998 ESEA, Title I Amendment (200.63) – Exclusion of
Supplemental State and Local Funds from Supplement Not Supplant and Comparability
Determinations]
60. What comparability of service requirements are in effect for districts that use Title I funds to
partially fund academic intervention services?
“Comparability of services” means districts must assure that local funds will be used in schools
served with Title I funds to provide services that, taken as a whole, are at least comparable to services
in schools that are not receiving Title I funds. In cases where all schools in the district receive Title I
funds, the district must assure that, taken as a whole, the services provided are substantially
comparable in each school.
This means that State and local funds used for AIS may only be excluded from Title I comparability
requirements if the AIS program meets the requirements of the Title I law. Other local and State
funds for general education, however, must be included for comparability determinations.
(See the 1994 ESEA Title I reauthorization legislation, “Improving America’s School’s Act” –
Section 1120A. and the 1998 Amendment 200.63 to this legislation.)
1/7/00 25
INDEX
AIS definition…………..…………………………………………………..…
“Additional” instruction……………………………………………….………
Appropriate academic intervention services ………..……………….…..……
Assessments for academic intervention services…………………………...…
Barriers to student progress and student support services…………………….
Comprehensive District Education Plans (CDEPs)and AIS…………………..
Current School Year and AIS ………………………………………………..
Description of services
Considerations when developing ………………………..…………...
Elements required………………………………………………....….
Requirements (Due dates/approval/review)………………………..
School plans ? Student plans?…………………………………….…
Submission to SED…………………………………………………..
Diagnostic screening and AIS ……………………………………….…….…
Discontinuing AIS …………………………………………………………...
Documentation of services…………………………………………………....
Eligibility for services………………………………………………………...
Educationally-Related Support Services (ERSS) and AIS …………………..
Funding for AIS……………………………………………………………....
General criteria for AIS services ………………………………………….….
High school and AIS ……………………………………………………….…
Intensity of Service ………………………………………………………...…
LEP/ELL students and AIS …………………………………………………..
Mode of communication of parents ………………………………………..…
Multiple measures …………………………………………………………....
Parents: notification/communication/reporting ……………….………..….
Parental concerns and district responsibility ……………………………..…..
PCEN and AIS ……………………………………………………………..…
Progress monitoring …………………………………………………………..
Qualified/certified staff ……………………………………………………....
Retesting requirements …………………………………………………….…
School-level implementation of AIS ………………………………………...
Science and social studies and AIS requirements ……………………..……..
. Standards areas and AIS requirements ……………………………………….
Student participation …….…………………………………………………....
Student support services……………………………………………………....
Students with disabilities and AIS …………………………………………....
Title I (ESEA) and AIS ……………………………………………………….
Uniformly applied district procedure ………………………………………....
Absentees and transfers ……………………………………………...
Grades 1-3 …………………………………………………………...
Multiple measures …………………………………………………...
Science and Social Studies …………………………………………..
Page (s)
1
1
14-16
3-5
1
9
11
9
9
8
10
8
2
8
15
3, 5-6
19
10
14
5, 14, 18
3, 13-14
2-3, 6, 15
17
3-4
17-18
18-19
11, 19
14
11-12
7
9, 12-13
11
1
7, 11, 18-19
1, 10, 14-15
2-3, 6, 16
20-21
4
6
5
3-4
4, 11
1/7/00 26
Appendix A
Academic Intervention Services: Regulations
Section 100.1(g) [Definitions] of Commissioner’s Regulations adopted by the Board of Regents in July 1999.
(g) Academic intervention services means additional instruction which supplements the
instruction provided in the general curriculum and assists students in meeting the State learning standards as
defined in subdivision (t) of this section and/or student support services which may include guidance,
counseling, attendance, and study skills which are needed to support improved academic performance;
provided that such services shall not include services provided to students with limited English proficiency
pursuant to Part 154 of this Title or special education services and programs as defined in Education Law
section 4401 (1) and (2). Academic intervention services are intended to assist students who are at risk of not
achieving the State learning standards in English language arts, mathematics, social studies and/or science, or
who are at risk of not gaining the knowledge and skills needed to meet or exceed designated performance
levels on State assessments. Academic intervention services shall be made available to students with
disabilities on the same basis as nondisabled students, provided, however, that such services shall be provided
to the extent consistent with the individualized education program developed for such student pursuant to
section 4402 of the Education Law.
Section 100.2 (ee) of Commissioner’s Regulations adopted by the Board of Regents in July 1999.
(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
1/7/00 27
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
(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 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 (2), (3) and (4) 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
1/7/00 28
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.
1/7/00 29
(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.
Section 100.4(b) (4) [Program requirements for grades seven and eight] of the Commissioner’s Regulations
adopted by the Board of Regents in July 1999
(4) Students who have been determined to need academic intervention services as set forth in
section 100.2(ee)(2)(i) of this Part may have the unit of study requirements for one or more of their subjects
reduced, provided that:
(i) academic intervention services shall be coordinated with and supplement instruction
in the general curriculum;
(ii) requirements for subjects set forth in paragraph (1) of this subdivision and for
languages other than English instruction set forth in section 100.2(d) of this Part may be reduced but
not eliminated. Academic intervention services shall be provided in a manner that does not diminish
instructional time to a degree that may prevent a student from achieving the State learning standards
in any area required for graduation or from meeting local standards for promotion. A principal shall
consider a student's abilities, skills and interests in determining the subjects for which the unit of
study requirements may be reduced;
(iii) a student's parent or guardian shall be notified in writing, by the principal, of a
school's intention to implement the provisions of this paragraph; and
(iv) the reduction of unit of study requirements shall remain in effect only to the extent
that the provisions of subparagraph (i) of this paragraph are being met.
1/7/00 30
