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The provision of academic and behavioral supports and targeted interventions for students who are not making academic progress at expected levels in the general curriculum may improve a student’s performance and help avert the need for referral for possible classification as a student with a disability. Therefore, the District will implement, on a school-wide basis, practices appropriate to enable the District’s students to succeed in the general education environment.  These school-wide approaches will serve as pre-referral interventions prior to consideration of a referral to the Committee on Special Education (CSE). The referral form to the CSE used by District staff will describe, in writing, the intervention services and programs used to remediate the student’s performance, or instructional methodologies, including any supplementary aids or support services provided, or the reasons why no such attempts were made.

The Superintendent or designee will identify and take steps to implement a variety of practices appropriate to comply with this policy. Consistent with applicable law and regulation, those practices may include, for example:

1. Providing early intervention services with funds available under the IDEA and which may be coordinated with similar activities conducted under the Elementary and Secondary Education Act. Such services would be made available to students not currently identified as needing special education and related services, but who need additional support to succeed in a general education setting. This may include professional development that enables teachers and other staff to deliver evidence-based academic instruction and behavioral interventions, such as evidence-based literacy instruction and, where appropriate, instruction on the use of adaptive and instructional software. It also may include educational and behavioral evaluations, services, and supports.  

2. Implementation of a Multi-Tiered System of Supports (MTSS)  program that includes at least the minimum requirements established by the Commissioner’s Regulations, and allows teachers and other staff to determine whether a student responds to evidence-based instruction or requires interventions beyond those provided to students in the general education classroom.

3. Providing academic intervention services (AIS) to students at risk of not meeting the state learning standards in accordance with the District’s plan for AIS. Such services may include additional instruction supplementing instruction in the general curriculum and/or student support services such as guidance, counseling, attendance, and study skills needed to support improved academic performance.

4. Providing educationally related support services (ERSS) such as curriculum and instructional modification services, direct student support teams services, and assessment and non-career counseling services.

5. Implementation of positive behavioral interventions and supports that reduce school and classroom behavioral problems, and create and maintain a safe and positive learning environment by promoting positive behavior in all students.

These services may be provided before, during, or after the school day, or in the summer. 

District implementation of any of the above practices will not impede or delay the appropriate evaluation of a student suspected of having a disability, and the student’s right to a free appropriate public education.

Cross-ref: 4325, Academic Intervention Services

Ref:     Individuals with Disabilities Education Act §§ 1413(f); 1414(b)(6)(B)

34 CFR §§ 300.226; 300.307(a)(2)

    8 NYCRR §§ 100.2(ii); 200.2(b)(7)

Adoption date: September 26, 2016

Amended date: November 20, 2023