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
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