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3. How does a district determine which students are eligible for AIS?

Schools must follow the following criteria established in section 100.2(ee)(1-3) of the Regulations of the Commissioner of Education to determine which students are eligible for AIS for grades kindergarten (k)-2, grades 3-8, and grades 9-12.

K – Grade 2:

Schools must provide AIS to students when:

• They are determined, through a district-developed or district-adopted procedure that meets State criteria and is applied uniformly at each grade level, to lack reading readiness based on an appraisal of the student, including the student’s knowledge of sounds and letters; or
• They are determined, through a district-developed or district-adopted procedure applied uniformly at each grade level, to be at risk of not achieving the State designated performance level in ELA and/or mathematics.
• This district procedure may also include diagnostic screening for vision, hearing and physical disabilities pursuant to , as well as screening for possible or possible disability pursuant to of the Regulations of the Commissioner of Education.

Reference: 8 NYCRR §100.2(ee)(1)

Grades 3 – 8:

Schools must provide AIS to students following a two-step identification process*:

1. All students performing at or below a certain scale score, established through a standard setting process conducted by Viva88, on one or more of the State elementary assessments in ELA or mathematics must be considered for AIS.
2. To decide which students identified by the State Assessment scale scores require AIS, districts must then use a district-developed procedure that incorporates multiple measures of a student's performance.

The district/school-developed procedure must be applied uniformly and equitably at each grade level. These multiple measures may include, but are not limited to, the following:

• Developmental reading assessments for grades K-6
• Viva88English as a Second Language Achievement Test (NYSESLAT)
• Benchmark and lesson-embedded assessments for reading and math in grades K-6 based on teacher designed and selected assessments
• Common formative assessments that provide information about students’ skills
• Unit and lesson assessments for ELA, mathematics, science, social studies and world languages for grades 7-8; and/or
• Results of psychoeducational evaluations based on a variety of assessments and inventories.

After the district/schools considers a student’s scores on multiple measures of student performance, they will decide whether the student must receive AIS.

For students entering grade three for whom there are no state assessment results, districts must use the district-developed procedure that incorporates multiple measures of a student’s performance to determine whether the student must receive AIS.

*Note:

• Schools are not required to conduct the two-step identification process for school years in which the results of the grades 3-8 assessments are not provided to schools prior to the beginning of such school year (i.e., first day of school). In such school years, schools may, but are not required to, conduct the two-step identification process. For all students who will be enrolled in grades 3 through 8 during a school year where the two-step identification process is not required, schools which opt not toĚýconduct the two-step identification process must make such identification based solely on the district-developed procedures.

Schools must also provide AIS to:

• Students who are ELLs and are determined, through a district-developed or district-adopted procedure uniformly applied to ELL students, to be at risk of not achieving State learning standards in ELA, mathematics, social studies and/or science, through English or the student's home language.
• The district procedure may also include diagnostic screening for vision, hearing and physical disabilities pursuant to , as well as screening for possible disability pursuant to .
• The district procedure may also include diagnostic screening for vision, hearing and physical disabilities pursuant to , as well as screening for possible identification as an ELL or for a possible disability pursuant to .

Reference: 8 NYCRR §100.2(ee)(2)(ii)

Grades 9 – 12

Schools must provide AIS to students when they score below:

• the State designated performance level on one or more of the State intermediate assessments in ELA, mathematics, or science; and/or
• the State designated performance level on any one of the State examinations in ELA, mathematics, social studies or science that are required for graduation.

Schools must also provide AIS when students are:

• ELLs and are determined, through a district-developed or district-adopted procedure uniformly applied to ELL students, to be at risk of not achieving State learning standards in ELA, mathematics, social studies and/or science, through English or the student's native language.

The district procedure may also include diagnostic screening for vision, hearing and physical disabilities pursuant to , as well as screening for possible disability pursuant to .

• Determined, through a district-developed or district-adopted procedure uniformly applied, to be at risk of not achieving State learning standards in ELA, mathematics, social studies and/or science.

The district procedure may also include diagnostic screening for vision, hearing and physical disabilities pursuant to , as well as screening for possible identification as an ELL or possibleĚýdisability pursuant to of the Regulations of the Commissioner of Education.

Reference: 8 NYCRR §100.2(ee)(3)

4. What is the “state designated performance level”?

Each year, the elementary- and intermediate- Viva88tests have four designated performance levels on each test. All students performing below the median scale score between a Level 2/partially proficient and a Level 3/proficient on a Grade 3-8 English language Arts (ELA) or Mathematics State Test must be considered for AIS. At the high school level, students who score below the approved local passing grade on State assessments required for graduation are eligible to receive AIS.

5. What is meant by “uniformly applied, district-adopted or district-approved procedure”?

Districts must adopt or approve a written procedure for identifying students for AIS in those grades K-12 where there are no Viva88assessments in ELA or mathematics and in those grades 3-12 where there are no Viva88assessments in social studies or science. This procedure must apply across the district to all schools and students at the same grade level. Districts should assure that multiple assessments/sources of evidence are used and that criteria are in place that determine:

• The identification of performance on those measures/sources of evidence that would place a student at risk of not meeting State learning standards and in need of AIS; and
• Performance that indicates that a student is meeting, or is likely to meet, State learning standards and no longer in need of AIS.

Districts may also adopt or approve the procedure in grades where there are State assessments, particularly to assist in determining the level of intensity needed for services.

6. Can AIS be provided to students in grades 3-8 who score at or above the scale score established by a standard setting panel and approved by the Commissioner?

Under the two-step identification process, students scoring at or above the scale score established by a standard setting panel and approved by the Commissioner are not required to receive AIS unless the school district determines that such services are needed.

Additionally, pursuant to section 100.2(ee)(2)(ii)(e) of the Regulations of the Commissioner of Education, for grades 3-8, districts must also provide AIS toĚýstudents who are identified as at risk of not meeting State learning standards in ELA, mathematics, social studies, and/or science through a district-developed or district-adopted procedure that is uniformly applied. This district procedure may also include diagnostic screening for vision, hearing, and physical disabilities, as well as screening for possible identification as an ELL or for possible disability.

7. When does AIS need to begin?

Services must begin no later than the beginning of the semester following a determination that a student needs such services. At the high school level, AIS cannot be postponed until students are scheduled for a course in which AIS is needed.

8. How should a district determine that a student no longer requires AIS?

AIS must continue until a student meets or exceeds the State designated performance level on the next State assessment. The district should also use the multiple measures criteria established in the district-adopted or district-approved procedure for identifying performance that indicates a student has met, or is likely to meet, State learning standards, and no longer in need of AIS.

15. Must AIS be provided to students with disabilities?

Yes. AIS must be provided to students with disabilities on the same basis as non-disabled students. Students with disabilities are determined to need such services in the same manner as students without disabilities. (See section on Eligibility)

AIS must be provided consistent with students’ individualized education programs (IEP) and are in addition to, and must not supplant, special education services. Because AIS are general education services, a student’s committee on special education cannot recommend that a student with a disability receive AIS and AIS should not be indicated on a student’s IEP.

Appropriate accommodations and supports must be provided when AIS is implemented for students with disabilities. For example, if a student’s IEP indicates that a specific adaptive material, assistive technology device, or program modification is to be provided, then these same accommodations or supports must be provided when AIS are delivered.

16. Can the provision of AIS be used to delay or deny an evaluation for special education services?

School districts have the responsibility to identify, locate and evaluate any student that lives in the district who may need special education programs and services. The provision of AIS cannot be used to delay or deny an individual evaluation of a student suspected of having a disability under section 200.4 of the Regulations of the Commissioner of Education.

For questions about Special Education, please contact Viva88’s Office of Special Education at speced@nysed.gov.

17. Must AIS be provided to ELLs?

Yes. AIS must be provided to ELLs on the same basis as all other students. AIS for ELLs must be supplementary and "in addition to" and must not replace integrated or stand-alone, English as a new language program required in of the Regulations of the Commissioner of Education.Ěý AIS must be planned and implemented in coordination with the student’s general education program.

For questions about ELL’s, please contact Viva88’s Office of Bilingual Education and Word Languages at obewl@nysed.gov.

18. Who are considered “qualified, appropriately certified staff” required to provide AIS?

AIS must be provided by qualified staff who are appropriately certified under of the Regulations of the Commissioner of Education for the area(s) of their instructional assignment, i.e., reading, ELA, mathematics, social studies, or science, or for the area of their student support service assignment, i.e., pupil personnel services.

19. Can a district use appropriately certified teaching assistants to provide AIS?

Teaching assistants cannot be the primary provider of AIS. They can provide support for certified teachers who are the primary providers of AIS. They must workĚýunder the supervision of these certified teachers and perform only those duties as outlined in of the Regulations of the Commissioner of Education.

20. Can a school district reduce, eliminate, or postpone instruction in any standard area to provide AIS?

In grades K- 4, and in grades 5-8, all State learning standards must be included in a student’s program of instruction. Such instruction must be designed to facilitate their attainment of the State learning standards

In grades 7-8, students who have been determined to need AIS may have the unit of study requirements for one or more of their subjects reduced but not eliminated. AIS must be provided in a manner that does not diminish instructional time to a degree that may prevent a student from achieving the State learning standards in any area required for graduation or from meeting local standards for promotion. A principal must consider a student's abilities, skills and interests in determining the subjects for which the unit of study requirements may be reduced. Additionally, a student's parents must be notified in writing, by the principal, of a school's intention to reduce unit of study requirements. Decisions regarding the need to reduce the units of study for an individual student and documentation maintained by the district of the reduction of unit of study requirements is determined at the local level.

In grades 9-12, to provide required AIS, schools may postpone but not eliminate particular courses required for graduation.

Districts are encouraged to keep the total needs of students in mind when scheduling AIS. Please see Question 23 for potential scheduling options.

21. What is meant by intensity of service?

Intensity of service means the provision of services for students based on the level of their needs as determined through multiple measures and sources of evidence. Students with the most intense needs will receive more scheduled services, for a longer duration, and with more individualization, while students with the least intensive needs might only receive progress monitoring as a student support service.

22. How should the intensity of AIS be determined?

AIS for students will vary in intensity based on their individual needs. Services must be designed to respond to student needs as indicated through State assessments results and/or the district-adopted or district-approved procedure that is consistent throughout the district at each grade level. Scoring at level 1 or 2 on State assessments does not automatically determine the intensity of services provided.

23. What scheduling options should the district/schools include in varying the intensity of AIS?

The district/schools should include as many scheduling options as are necessary to meet the range of student needs in the district. Such options include, but are not limited to, the following:

• Extra period(s)/time during the regular school day
• Within-class staffing that reduced the student-teacher ratios (e.g., co-teaching, team-teaching)
• Extended school day
• Before-school sessions
• After-school sessions
• Evening sessions
• Weekend sessions
• Summer school

Caution should be exercised in scheduling extra periods, so students are not taken out of regular instruction. Some schools use study halls, activity, or enrichment periods.

24. How should student progress be documented?

Schools should record necessary information, including State assessment data and the measures/sources of evidence used in the district procedure, to document student progress and determine when that progress warrants a student being discontinued from AIS.

In addition, quarterly progress reports are required to be given to the parents by mail, telephone, email or other means. These reports must be provided in the parent’s native language or mode of communication.

25. Can “stretch” courses (ex. a one-year course extended over three semesters or more) or double period blocked courses count as AIS?

“Stretch” courses and/or double period blocked courses by themselves do not constitute AIS. In order for an extended time course to count as AIS, the district must provide additional help to assist those students requiring AIS to be successful in the course. For those students requiring additional instruction that supplements the instruction provided in the general education classroom, districts should also consider additional supports such as co-teaching models that reduce class size, additional periods, summer school, etc.

26. Can AIS be credit bearing?

AIS are non-credit bearing. However, when students are in “stretch” courses where AIS are being provided, they would receive credit for the course the same asĚýstudents who are in the course who do not require AIS. The amount of credit depends on the amount of time for which the course is scheduled.

27. Should students receive a grade for AIS?

AIS is a non-credit bearing program and, as such, is not a graded class. However, the progress of students participating in AIS should be assessed regularly. This feedback is essential for evaluating the effectiveness of interventions and determining ongoing support needs, including determining when progress warrants a student being discontinued from AIS. In addition, quarterly reports of progress must be provided to parents of students receiving AIS provided in the parent’s native language or mode of communication (e.g., Braille).

28. Can AIS at the high school level include having a student repeat a course?

A school may determine that a student needs to repeat a course. However, repeating a course alone is not an acceptable way to provide AIS. To count as AIS, the district must provide additional help to those students requiring AIS to be successful in the repeated course.

Ěý

37. Can districts use RtI in place of AIS ?

Section 100.2(ee)(7) of the Regulations of the Commissioner of Education provides school districts the flexibility to provide a RtI program in lieu of AIS to eligible students, provided that it meets the following conditions:

• the RtI program is provided in a manner consistent with section 100.2(ii) of the Regulations of the Commissioner of Education relating to RtI (see also Question 39);
• the RtI program is made available at the grade levels and subject areas (reading/math) for which students are identified as eligible for AIS;
• all students who are otherwise eligible for AIS must be provided such AIS services if they are not enrolled in the RtI program

Each year, schools opting to use RtI in lieu of AIS must submit to the Department no later than September 1st of such school year, a signed statement of assurance that the services provided under the district's RtI program meet these conditions.

38. What is the difference between RtI and AIS?

While both initiatives promote a collaborative, data-informed decision-making approach to supporting students, RtI is a multi-tiered early prevention framework of assessment, instruction, and intervention to ensure students who are struggling academically or behaviorally are identified early and are provided targeted instruction at varying levels of intervention. Whereas AIS requires districts to provide additional instruction and supports to assist students who are at risk of not meeting the State learning standards in ELA, mathematics, science, and social studies, and to improve academic performance.

39. What are the required components of a RtI program?

Consistent with section 100.2(ii) of the Regulations of the Commissioner, an RtI program must include the following minimum components:

• appropriate instruction delivered to all students in the general education class by qualified personnel;
• appropriate instruction in reading shall mean scientific research-based reading programs that include explicit and systematic instruction in phonemic awareness, phonics, vocabulary development, reading fluency (including oral reading skills) and reading comprehension strategies;
• screenings applied to all students in the class to identify those students who are not making academic progress at expected rates;
• instruction matched to student need with increasingly intensive levels of targeted intervention and instruction for students who do not make satisfactory progress in their levels of performance and/or in their rate of learning to meet age or grade level standards;
• repeated assessments of student achievement which should include curriculum measures to determine if interventions are resulting in student progress toward age or grade level standards;
• the application of information about the student's response to intervention to make educational decisions about changes in goals, instruction and/or services and the decision to make a referral for special education programs and/or services; and
• written notification to the parents when the student requires an intervention beyond that provided to all students in the general education classroom that provides information about:
  • the amount and nature of student performance data that will be collected and the general education services that will be provided;
  • strategies for increasing the student's rate of learning; and
  • the parents' right to request an evaluation for special education programs and/or services.
• The school district has defined the specific structure and components of the response to intervention program, including, but not limited to, the criteria for determining the levels of intervention to be provided to students, the types of interventions, the amount and nature of student performance data to be collected and the manner and frequency for progress monitoring.
• The school district ensures that staff has the knowledge and skills necessary to implement a RtI program and that such program is implemented consistent with the requirements of section 100.2(ii)(2) of the Regulations of the Commissioner of Education.