05-071-101 Me. Code R. § III

Current through 2024-43, October 23, 2024
Section 071-101-III - GENERAL EDUCATION INTERVENTION
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.

05-071 C.M.R. ch. 101, § III