(b) Such diagnostic screening shall be conducted:

1. (1) by persons appropriately trained or qualified;
2. (2) by persons appropriately trained or qualified in the student's native language if the language of the home is other than English;
3. (3) in the case of new entrants, such screening shall be conducted prior to the school year, if possible, but no later than December 1st of the school year of entry, or within 15 days of transfer of a student into a New York State public school should the entry take place after December 1st of the school year; provided, however, that for the 2020-21 school year, due to the COVID-19 crisis such screening for a student who transfers after December 1, 2020 into a New York State public school from a district outside New York State, or from a district within New York State and such student has no screening record, shall be conducted as soon as practicable;
4. (4) in the case of students with low test scores, such screening shall be conducted within 30 days of the availability of the test scores.

(c) Diagnostic screening for new entrants shall include, but not be limited to:

1. (1) a health examination by a health care provider, or evidence of such in the form of a health certificate, in accordance with sections 903, 904 and 905 of the Education Law;
2. (2) certificates of immunization or referral for immunization in accordance with section 2164 of the Public Health Law;
3. (3) vision, hearing and scoliosis screenings as required by section 136.3 of this Title;
4. (4) a determination of development in oral expression, listening comprehension, written expression, basic reading skills and reading fluency and comprehension, mathematical calculation and problem solving, motor development, articulation skills, and cognitive development using recognized and validated screening tools: and
5. (5) a determination whether the student is of foreign birth or ancestry and comes from a home where a language other than English is spoken as determined by the results of a home language questionnaire and an informal interview in English and the native language.

(d) Diagnostic screening for students with low test scores shall include, but not be limited to:

1. (1) vision and hearing screenings to determine whether a vision or hearing impairment is impacting the student's ability to learn; and

2. (2) a review of the instructional programs in reading and mathematics to ensure that explicit and research validated instruction is being provided in reading and mathematics.

   1. (i) Students with low test scores shall be monitored periodically through screenings and on-going assessments of the student's reading and mathematic abilities and skills. If the student is determined to be making sub-standard progress in such areas of study, instruction shall be provided that is tailored to meet the student's individual needs with increasingly intensive levels of targeted intervention and instruction.
   2. (ii) School districts shall provide written notification to parents when a student required an intervention beyond which is provided to the general education classroom. Such notification shall include: information about the performance data that will be collected and the general education services that will be provided; strategies for increasing the student's rate of learning; and the parents' right to request an evaluation by the committee on special education to determine whether the student has a disability.