Title 20, Chapter 2, Section 153
(a) The State Board of Education shall create and each local board
of education shall provide an early intervention program to serve
students in kindergarten through grade five. The kindergarten early
intervention program shall serve students enrolled in kindergarten.
The primary grades early intervention program shall serve students
enrolled in grades one through three. The upper elementary grades
early intervention program shall serve students in grades four
(b) The early intervention program shall serve students who are at risk of not reaching or maintaining academic grade level, including but not limited to students who are identified through the first grade readiness assessment required by Code Sections 20-2-151 and 20-2-281 and students with identified academic performance below grade levels defined by the Office of Education Accountability in Code Section 20-14-31 for any criterion-referenced assessment administered in accordance with Code Section 20-2-281 for grades one through five. Local school systems shall devise a process for the identification of such students at the beginning of each school year and also during the school year as a continuous process of early identification and monitoring. School systems may use indicators such as but not limited to the student's scores on previous assessments, the student's classroom performance in the same or previous years, and other reliable indicators to identify such students. A student shall be assigned to the early intervention program as soon as is practicable after the student is identified as at risk or after the results of the first-grade readiness assessment or the criterion-referenced assessment are known. The school shall provide timely notice and an opportunity for a conference with the student and his or her parents or guardians to discuss the student's academic performance and the role of the early intervention program.
(c) The State Board of Education shall describe by rules and
regulations such additional services, resources, support, or
strategies as may be provided by the local school system. The
specifications for delivery of early intervention services shall be
the responsibility of local boards of education except that the
program rules and regulations adopted by the State Board of
Education shall be followed in designing the program delivery
models. Delivery models may include, but are not limited to, class
augmentation, pull-out or self-contained classes, and the Reading
Recovery Program delivered by certificated personnel.
(d) The early intervention program shall be designed with the intent
of helping the student to perform at expectations and exit the
program in the shortest possible time. Students shall be moved into
this program, provided assistance, and moved out of this program
upon reaching grade level performance. It is not the intent of the
General Assembly that students be assigned to this program on a
continuing or permanent basis. In developing accountability
standards for schools, the Office of Education Accountability shall
consider the length of time that students spend in the early
intervention program as one of the determinants of performing and
(e) Funding for the early intervention program shall have a full-time equivalent teacher-student ratio of one teacher to 11 students. (f) Each local school system shall annually report the number of students served in the early intervention program as part of the full-time equivalent program count conducted pursuant to Code Section 20-2-160.