Whether your child has a disability and needs specialized services or just needs a little extra help keeping up in class, schools have services to help. Students who are struggling in class are entitled to extra help at school. That's the law. The reality, unfortunately, is that schools often don't have enough money to pay for help for everyone who needs it. Be prepared to find school officials telling you that your child cannot get the support he or she needs. Take heart, however. The law is on your side.

On this page: Who is eligible? | "Supplementary education services" | Notification for children at risk of being held over | Mandatory tutoring | Children with disabilities | Schedule for tutoring | School funding | State complaints

Who is eligible?

According to New York State regulations (in part 100.1 g of the Commissioner's Regulations), students who are falling behind should receive tutoring or counseling (academic intervention services).

The state regulations (in part 100.2 ee of the law) define different kinds of students eligible for help:

• Students in grades K-3 who lack "reading readiness" or who are at risk of not achieving state designated performance levels in English Language Arts and math
• Students in grades 4 - 8 who score below state performance standards in math, social studies, science and English Language Arts or are at risk of not achieving state standards
• Students in grades 9 - 12 who score below state performance standards, are at risk of not achieving state standards, or who score below the standards on exams required for graduation.
• English language learners at risk of not meeting state learning standards because of trouble speaking, reading, or writing English.

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"Supplementary Education Services" for students at low performing schools

Students who attend one of the city's low performing schools -- in technical terms, a school that has been "in need of improvement" for two years or more -- can receive free private tutoring services if they are eligible for free lunch in their schools. These "Supplementary Education Services," provide for extra academic help outside the regular school day and are available to all eligible students who request them. If your child attends a school that has been in need of improvement for two years, you should receive a letter in the fall telling you about the steps you need to take to secure the services. If you do not receive such a letter, check with your school's parent coordinator to learn more about the process.
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Notification for children at risk of being held over

Students in real danger of falling behind in school are entitled to academic help. According to Chancellor's Regulation A-501 (part I.B.2-3), schools must ensure academic supports for students at risk of not meeting promotion standards.

Parents should be notified by their child's school if specific academic interventions are needed. Parents have the right to meet with their child's classroom teacher at least once a semester and to have a written report sent to them once each quarter. In all cases, parents with struggling students should receive written notice that their child is in danger of not meeting promotion standards by February 15th. By June, parents will be notified about whether their child will be promoted. Summer school may be recommended if their child has not reached standards. Parents have the right to appeal any decisions regarding promotion.
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Mandatory tutoring

A 2006 agreement between the Department of Education and the teachers' union, United Federation of Teachers requires that struggling students receive 37.5 minutes of tutoring, Monday through Thursday. This is in addition to the regular school day, either in the morning or, usually, after school. Tutoring is mandatory for students who are identified by their principals as struggling. All tutoring must be in small-groups with no more than ten students per teacher (or five students per teacher in self-contained special education classrooms). Busing is provided for those students who stay after school each day.

"Struggling" students are defined as:

• Grades K-3: Students who score below standards on diagnostic tests such as the ECLAS II (Early Childhood Literacy Assessment System)
• Grades 4-8: Students who score at either Level 1 or Level 2 on the previous year's English Language Arts and math assessments
• Grades 9-12: Students who score Level 1 or Level 2 on the previous year's English Language Arts and math assessments; repeating 9 th graders; or students who have completed two or more years of high school but have not taken or passed any Regents examinations

Does your child have a disability?

Many students struggle in school because they have disabilities, such as attention disorders or reading conditions that make it difficult for them to learn in conventional ways. Schools are responsible for identifying students with hidden disabilities, but too often they don't. If you suspect your child has a disability, you have a right to a free evaluation from your district. Because there are many pitfalls with special education, you may want to talk to an advocate or an attorney to find out more about how to get an appropriate evaluation and services for your child. See our Special Education page for more information.
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School funding for extra help

If your school has little by way of extra help, you may want to look into how your school is using the money it receives. The revised funding formula for the Department of Education, called "Fair Student Funding" is supposed to be fairer by giving schools money based on the number of students the school has in certain categories. For example, schools get more money for students who are "below" or "well below" achievement standards, for students with limited English proficiency or for students who are in special education. At the same time, principals now have much more discretion over how they want to use the money they are given. You can see your school budget under the new Fair Student Funding formula by looking up your school and clicking on the school budget at the bottom of the page.

Even though principals now have more control over their school's budget, most public schools in NYC also receive special funds that can only be used for academic intervention services. Much of this money is distributed through "Title I" funds from the federal government. Title I funds go to schools with high poverty levels (at least 60% poverty) and should be to improve the achievement of students who are academically at risk. Schools that receive Title I money should establish Title I teams that decide how to use the money. These teams must include parents. In NYC most schools receive Title I money, but there are exceptions, particularly in Districts 2, 3, 25 and 26.
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State complaints

If you are dissatisfied with how your district is giving tutoring and other extra help, you can also protest by following a procedure set up by the state. See our page on State Complaints.

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