PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
Addition of section 100.2(ee)(7) to Title 8 NYCRR.
Statutory authority:
Education Law, sections 101(not subdivided), 207(not subdivided), 305(1) and (2), 308(not subdivided), 309(not subdivided) and 3204(3)
Subject:
Academic Intervention Services (AIS).
Purpose:
To allow a school district to provide a Response to Intervention program in lieu of providing AIS under specified conditions.
Text of proposed rule:
Paragraph (7) of subdivision (ee) of section 100.2 of the Regulations of the Commissioner of Education is added, effective November 10, 2010, as follows:
(7) Notwithstanding the provisions of this subdivision, a school district may provide a Response to Intervention (RTI) program in lieu of providing academic intervention services (AIS) to eligible students, provided that:
(i) the RTI program is provided in a manner consistent with subdivision (ii) of section 100.2 of this Part;
(ii) the RTI program is made available at the grade levels and subject areas (reading/math) for which students are identified as eligible for AIS;
(iii) all students who are otherwise eligible for AIS shall be provided such AIS services if they are not enrolled in the RTI program; and
(iv) for the 2010-2011 school year, the school district shall submit to the Department, no later than December 15, 2010, a signed statement of assurance that the services provided in the RTI program meet the requirements of this paragraph; and for each school year thereafter, the school district shall 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 the requirements of this paragraph.
Text of proposed rule and any required statements and analyses may be obtained from:
Chris Moore, State Education Department, Office of Counsel, State Education Building Room 148, 89 Washington Ave., Albany, NY 12234, (518) 473-8296, email: legal@mail.nysed.gov
Data, views or arguments may be submitted to:
John B. King, Jr., Senior Deputy Commissioner P-12, State Education Department, State Education Building Room 125, 89 Washington Ave., Albany, NY 12234, (518) 474-3862, email: NYSEDP12@mail.nysed.gov
Public comment will be received until:
45 days after publication of this notice.
Regulatory Impact Statement
1. STATUTORY AUTHORITY:
Education Law section 101 continues the existence of the Education Department, with the Board of Regents at its head and the Commissioner of Education as the chief administrative officer, and charges the Department with the general management and supervision of public schools and the educational work of the State.
Education Law section 207 empowers the Board of Regents and the Commissioner to adopt rules and regulations to carry out the laws of the State regarding education and the functions and duties conferred on the Department by law.
Education Law section 305(1) and (2) provide that the Commissioner, as chief executive officer of the State system of education and of the Board of Regents, shall have general supervision over all schools and institutions subject to the provisions of the Education Law, or of any statute relating to education.
Education Law section 308 authorizes the Commissioner to enforce and give effect to any provision in the Education Law or in any other general or special law pertaining to the school system of the State or any rule or direction of the Regents.
Education Law section 309 charges the Commissioner with the general supervision of boards of education and their management and conduct of all departments of education.
Education Law section 3204(3) provides for the courses of study in the public schools.
2. LEGISLATIVE OBJECTIVES:
The proposed amendment is consistent with the authority conferred by the above statutes and is necessary to implement policy enacted by the Board of Regents relating to academic intervention services (AIS).
3. NEEDS AND BENEFITS:
The proposed amendment affords flexibility to school districts in providing AIS by allowing districts to offer a Response to Intervention (RTI) program in lieu of providing AIS to eligible students, provided specified conditions are met. Specifically, the amendment would allow for a school district to:
(1) continue with a current AIS model, or
(2) move to or expand on an RTI model, or
(3) use a blended approach of AIS and RTI (ex: RTI in lower grades, AIS in upper grades).
4. COSTS:
(a) Costs to State government: None.
(b) Costs to local government: None.
(c) Costs to private regulated parties: None.
(d) Costs to regulating agency for implementation and continued administration of this rule: None.
The proposed amendment does not impose any costs on the State, local governments, private regulated parties or the State Education Department. The proposed amendment affords flexibility to school districts in providing academic intervention services (AIS) by allowing districts to offer a Response to Intervention (RTI) program in lieu of providing academic intervention services (AIS) to eligible students, provided specified conditions are met. The proposed amendment will therefore reduce costs to school districts that choose this option, through consolidation of RTI and AIS services within a single program.
5. LOCAL GOVERNMENT MANDATES:
The proposed amendment does not does not impose any program, service, duty or responsibility upon any county, city, town, village, school district, fire district or other special district. The proposed amendment allows, but does not require, school districts to provide a RTI program in lieu of providing AIS to eligible students.
6. PAPERWORK:
For the 2010-2011 school year, a school district choosing the RTI option shall submit to the Department, no later than December 15, 2010 for the 2010-2011 school year, and no later than September 1st of each school year thereafter, a signed statement of assurance that the services provided in the RTI program meet the requirements of section 100.2(ee)(7).
7. DUPLICATION:
The proposed amendment does not duplicate existing State or federal regulations.
8. ALTERNATIVES:
There were no significant alternatives and none were considered.
9. FEDERAL STANDARDS:
There are no related federal standards.
10. COMPLIANCE SCHEDULE:
It is anticipated regulated parties will be able to achieve compliance with the proposed rule by its effective date.
Regulatory Flexibility Analysis
1. EFFECT OF RULE:
The proposed amendment applies to each school district within the State.
2. COMPLIANCE REQUIREMENTS:
The proposed amendment affords flexibility to school districts in providing academic intervention services (AIS) by allowing districts to offer a Response to Intervention (RTI) program in lieu of providing AIS to eligible students, provided specified conditions are met. Specifically, the amendment would allow for a school district to:
(1) continue with a current AIS model, or
(2) move to or expand on an RTI model, or
(3) use a blended approach of AIS and RTI (ex: RTI in lower grades, AIS in upper grades).
School districts may, but are not required to, provide the RTI program in lieu of providing AIS. For the 2010-2011 school year, a school district choosing the RTI option shall submit to the Department, no later than December 15, 2010 for the 2010-2011 school year, and no later than September 1st of each school year thereafter, a signed statement of assurance that the services provided in the RTI program meet the requirements of section 100.2(ee)(7).
3. PROFESSIONAL SERVICES:
The proposed amendment imposes no additional professional service requirements on school districts.
4. COMPLIANCE COSTS:
The proposed amendment does not impose any costs on school districts. The proposed amendment affords flexibility to school districts in providing academic intervention services (AIS) by allowing districts to offer a Response to Intervention (RTI) program in lieu of providing AIS to eligible students, provided specified conditions are met. The proposed amendment will therefore reduce costs to school districts that choose this option, through consolidation of RTI and AIS services within a single program.
5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:
The proposed rule does not impose any technological requirements on school districts. Economic feasibility is addressed under the Costs section above.
6. MINIMIZING ADVERSE IMPACT:
The proposed amendment does not impose any compliance requirements or costs on school districts. The proposed amendment affords flexibility to school districts in providing academic intervention services (AIS) by allowing districts to offer a Response to Intervention (RTI) program in lieu of providing AIS to eligible students, provided specified conditions are met. The proposed amendment will therefore reduce costs to school districts that choose this option, through consolidation of RTI and AIS services within a single program.
7. SMALL BUSINESS AND LOCAL GOVERNMENT PARTICIPATION:
Comments on the proposed rule were solicited from school districts through the offices of the district superintendents of each supervisory district in the State, and from the chief school officers of the five big city school districts.
Rural Area Flexibility Analysis
1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS:
The proposed rule applies to all school districts in the State, including those located in the 44 rural counties with less than 200,000 inhabitants and the 71 towns in urban counties with a population density of 150 per square mile or less.
2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES:
The proposed amendment affords flexibility to school districts in providing academic intervention services (AIS) by allowing districts to offer a Response to Intervention (RTI) program in lieu of providing academic intervention services (AIS) to eligible students, provided specified conditions are met. Specifically, the amendment would allow for a school district to:
(1) continue with a current AIS model, or
(2) move to or expand on an RTI model, or
(3) use a blended approach of AIS and RTI (ex: RTI in lower grades, AIS in upper grades).
School districts may, but are not required to, provide the RTI program in lieu of providing AIS. For the 2010-2011 school year, a school district choosing the RTI option shall submit to the Department, no later than December 15, 2010 for the 2010-2011 school year, and no later than September 1st of each school year thereafter, a signed statement of assurance that the services provided in the RTI program meet the requirements of section 100.2(ee)(7).
The proposed amendment imposes no additional professional service requirements on school districts.
3. COMPLIANCE COSTS:
The proposed amendment does not impose any costs on school districts. The proposed amendment affords flexibility to school districts in providing academic intervention services (AIS) by allowing districts to offer a Response to Intervention (RTI) program in lieu of providing academic intervention services (AIS) to eligible students, provided specified conditions are met. The proposed amendment will therefore reduce costs to school districts that choose this option, through consolidation of RTI and AIS services within a single program.
4. MINIMIZING ADVERSE IMPACT:
The proposed amendment does not impose any compliance requirements or costs on school districts in rural areas. The proposed amendment affords flexibility to school districts in providing academic intervention services (AIS) by allowing districts to offer a Response to Intervention (RTI) program in lieu of providing academic intervention services (AIS) to eligible students, provided specified conditions are met. The proposed amendment will therefore reduce costs to school districts that choose this option, through consolidation of RTI and AIS services within a single program.
5. RURAL AREA PARTICIPATION:
Comments on the proposed amendment were solicited from the Department's Rural Advisory Committee, whose membership includes school districts located in rural areas.
Job Impact Statement
The proposed amendment affords flexibility to school districts in providing academic intervention services (AIS) by allowing districts to offer a Response to Intervention (RTI) program in lieu of providing AIS to eligible students, provided specified conditions are met.
The proposed rule will not have an adverse impact on jobs or employment opportunities. Because it is evident from the nature of the rule that it will have a positive impact, or no impact, on jobs or employment opportunities, no further steps were needed to ascertain those facts and none were taken. Accordingly, a job impact statement is not required and one has not been prepared.
