In accordance with the IDEA and Part 200 of the Commissioner’s Regulations, the District must develop a policy and implement a plan to establish pre-referral interventions to assist a student’s educational progress before consideration of referral to the Committee on Special Education (CSE). In keeping with this policy, it is the responsibility of the schools’ principal and building level teams to investigate all possible avenues of general education support services that would enable the student to achieve the learning standards. Such services may include, but are not limited to, Academic Intervention Services and Educationally Related Support Services. These services must be afforded to all students who do not meet the minimum designated standards on State assessments, and to students who are English Language Learners (ELL) who do not achieve the annual performance standards. A description of these services will be approved by the Board of Education and reviewed every two years. Supplemental instruction in English, language arts, math, social studies, and science as well as support services to deal with barriers to student progress such as attendance, discipline, health, family, nutrition, and transient issues will be afforded to students who score below level on elementary or intermediate State assessments or score below the State designated or local performance levels on any one of the State examinations required for graduation. All school-wide approaches to provide remediation activities for students who are at risk of not meeting State standards or in danger of not meeting graduation requirements will be considered prior to making referrals to the CSE. These approaches may also include but are not limited to extra teachers or paraprofessional support, student or volunteer tutorial assistance, counseling support, computer assisted programs. The principal or principal’s designee shall notify each student’s parents whenever Academic Intervention Services (AIS) are provided and shall ensure that written quarterly progress reports are provided in the native language of the parents. These school-wide approaches shall serve as pre-referral interventions prior to consideration of special education programs through the Committee on Special Education (CSE).

The referral form to the CSE used by the district staff will describe in writing intervention services, programs or instructional methodologies used to remediate the student’s performance prior to referral, including any supplementary aides or support services provided, or the reason why no such attempts have been made.  The principal and/or building level team shall maintain a record of pre-referral interventions implemented for each student. Each referral shall be reviewed to determine its appropriateness and whether pre-referral interventions have been adequately utilized, and if further interventions are deemed necessary.

Within 10 days of receipt of a referral to the CSE, the building administrator(s) may request a meeting with the parent or person in parental relationship, the student, and the referring person, to determine whether the student would benefit from additional general education support services as an alternative to special education. These services may include but are not limited to Speech and Language Improvement Services, Educationally Related Support Services, Academic Intervention Services, and any other services designed to address the learning needs of the student and maintain the student’s placement in general education. At this meeting, if there is a written agreement that with the provision of additional general education support services the referral is unwarranted, the referral shall be deemed withdrawn and the building administrator shall provide a copy of this agreement to the Chairperson of CSE, the referring person, the parent or person in parental relationship, and the student if appropriate. The copy of the agreement will be in the native language of the parent and will name the additional general education support services that will be provided as well as the length of time of each service. This agreement will be placed in the student’s cumulative educational record file. If there is no written agreement reached at this meeting, the required timeline of the CSE will be maintained.

These pre-referral interventions will not be utilized as a barrier to prevent appropriate referrals for special education services but shall be used to assess the ability of the student to benefit from general education services.