1.
General
By the school year that begins in the fall of 2012
all school administrative units shall develop and implement general education
interventions kindergarten to grade 12 that provide each child who is not
progressing toward meeting the content standards of the parameters for
essential instruction and graduation requirements with different learning
experiences or assistance to achieve the standard. The interventions must be
specific, timely and based upon ongoing formative assessments that continuously
monitor student progress.
The Department recognizes that statewide
implementation of general education interventions is supported by a phase in
period during which time professional development and technical assistance
would be provided by the Department. Therefore, the Department has determined
that the general education interventions will be fully implemented by July 1,
2012. In addition, regional CDS staff will work with SAUs located in their
jurisdiction to develop general education interventions in the early childhood
programs in the public schools.
2.
Procedure
While variations in how school administrative units
develop and implement general education interventions are expected, all general
education interventions must include:
a.
Documentation that every child,
prior to entering the general education intervention process, was provided with
appropriate instruction in reading, including the essential components of
reading instruction (as defined in section
1208(3) of the
Elementary and Secondary Education Act of 1965 (ESEA) (20 U.S.C.A. §
6368(3)), appropriate
mastery based instruction in math, appropriate instruction in the writing
process, and positive behavioral supports;
b.
A team-based decision-making
process;
c.
Screening at reasonable intervals to determine whether all children are
progressing toward meeting the content standards of the parameters for
essential instruction and graduation requirements;
d.
Data Analysis of screening results
focusing on determining to what extent all children are progressing toward
meeting the content standards of the parameters for essential instruction and
graduation requirements and identifying which children are not making adequate
progress towards these goals and are in need of targeted general education
interventions;
e.
A determination as to whether a child's assessed difficulties are
likely the result of linguistic or cultural differences;
f.
Provision of research-based
general education interventions targeted at the child's presenting academic
and/or behavioral concerns as determined by screening
results;
g.
Repeated formative assessments of student response to targeted
interventions, conducted at reasonable intervals, that generate rate based
measurable data for both specifying academic and behavioral concerns and
monitoring child progress during general education
interventions;
h.
Documentation that parents were notified about the process, given the
opportunity to participate in instructional decision-making, and kept informed
of their child's progress during targeted general education
interventions;
i.
A team shall review the child's progress no later than 60 school days
after the start of formal general education interventions and approximately
every 30 school days thereafter. At each meeting the team shall review data on
the child's progress to determine if modifications to the general education
interventions are needed and/or if a referral to special education is
indicated: and
j.
Provisions for targeted general education interventions to continue
during any subsequent special education referral.
3.
Procedural
Guidelines
a.
The
parent of a child receiving general education interventions may request that
the agency conduct a full and individual evaluation for possible special
education eligibility determination at any time during a school administrative
unit's established general education intervention process.
b.
Special education due process
procedures may not be used to address parental concerns regarding the
successful implementation of these general education interventions, and the
failure to use general education interventions may not be used in special
education due process proceedings to establish that a school has failed to meet
its child find or referral obligations.
NOTE: School administrative units must ensure that
coordinated early intervening services (CEIS) funds are used to provide
services only to students who need additional academic and behavioral support,
and not to students who currently receive special education and related
services.