The Board of Education recognizes that 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 school-wide best practices appropriate to enable all of the district’s students to succeed in the general education environment.

The Superintendent 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, 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 scientifically based academic instruction and behavioral interventions, such as scientifically based literacy instruction and, where appropriate, instruction on the use of adaptive instructional software.  It also may include educational and behavioral evaluations, services and supports. 

2.        Implementation of a response to intervention (RTI) program that includes the minimum requirements established by commissioner’s regulations, and allows teachers and other staff to determine whether a student responds to scientific, research-based instruction or requires interventions beyond those provided to all students in the general education classroom. 

3.       Implementation of a positive behavioral intervention and support (PBIS) system that reduces school and classroom behavioral problems, and creates and maintains a safe and positive learning environment by promoting positive behavior in all students.

         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.

Ref: Individuals with Disabilities Education Act, 20 USC §§1413(f); 1414(b)(6)(B)

         34 CFR §§300.226; 300.307(a)(2)

         8 NYCRR §§100.2(ii); 200.2(b)(7)