Sec. 149-1.2. Definitions

For the purposes of this Subpart:

(a) Acceptable and appropriate shall mean acceptable and appropriate in the judgment of the commissioner.

(b) Pupils with compensatory educational needs means pupils:

(1) who score below the statewide reference point on any State-mandated standardized test of grade three mathematics or reading, or grade six mathematics or reading, or grade five writing, or who score below a point determined by the commissioner to be equivalent to the statewide reference point on any other acceptable test;

(2) who score below the statewide reference point on any State preliminary competency test in reading or writing, or any State Regents competency test in mathematics, reading, writing, science, American history and government, or global studies;

(3) in kindergarten and grades one, two, and three who are determined to have deficiencies in reading, writing or mathematics through a uniform districtwide screening procedure for all pupils which has been approved by the commissioner and which includes an evaluation of pupils' learning performance and a determination of any effective or cognitive needs by their teachers;

(4) who, by reason of limited English proficiency, score below a statewide reference point on an examination of English proficiency approved by the commissioner that is administered in English; or

(5) who do not meet the foregoing criteria for eligibility, but who:

(i) in grades 1-8 are failing in two or more academic areas required by the school district for promotion to the next grade as determined by the school district; or

(ii) are in grades 9-12 and are failing in two or more courses for which at least two units of credit may be earned and that are required for such pupils' high school diploma.

(c) Compensatory education services means those services listed in clause (B) of subparagraph (2) of paragraph g of subdivision 12 of section 3602 of the Education Law, except that such services shall not include special services or programs provided by a board of education pursuant to Education Law, section 4402(2) that are included in the individualized education program recommended for a pupil with handicapping conditions.

(d) Base year means the school year prior to the school year in which the plan pursuant to this Subpart is to be implemented.

(e) Current year means the school year in which the plan prepared pursuant to this Subpart is to be implemented.

(f) Local funds means monies raised by local tax levy.