Legal Aid Society of New York

Special Education Services

If your child receives Special Education Services:

If your child receives special education services, please select one of the following after consulting your child's Individualized Education Program (IEP).

• My child's Individualized Education Program (IEP) adopts a 'modified promotion standard'.
• If your child's Individualized Education Program (IEP) adopts the standard promotion criteria established by the Department of Education, click here.

If your child's Individualized Education Program (IEP) adopts a 'modified promotion standard':

Then the standard promotion criteria applicable to most students do not apply. Rather, the IEP itself establishes the relevant standards for promotion.

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If your child's Individualized Education Program (IEP) adopts the standard promotion criteria set out in the Chancellor's Regulation:

If your child receives Special Education services, but your child's IEP adopts the standard promotion criteria, then your child will be promoted from Fourth to Fifth Grade if he or she:

• Standardized Tests.
• • Scores at (or above) Proficiency Level 2 on the NYS assessment in Language Arts.
  • Scores at (or above) Proficiency Level 2 on the NYS assessment in Mathematics.
• Grades and Teacher Evaluation. Meets the New York State Learning Standards in Language Arts and Mathematics, as shown by:
• • Student work.
  • Teacher observation.
  • Grades.
• Attendance. Attains 90% attendance.

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