Elementary and Secondary Education Act of 1965, as Amended by the Every Student Succeeds Act-Accountability and State Plans, 31690-31713 [2017-12126]
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Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Rules and Regulations
DEPARTMENT OF EDUCATION
34 CFR Parts 200 and 299
[Docket ID ED–2016–OESE–0032]
RIN 1810–AB27
Elementary and Secondary Education
Act of 1965, as Amended by the Every
Student Succeeds Act—Accountability
and State Plans
Office of Elementary and
Secondary Education, Department of
Education.
ACTION: Final regulations; CRA
revocation.
AGENCY:
Under the Congressional
Review Act, Congress has passed, and
the President has signed, a resolution of
disapproval of the accountability and
State plans final regulations that were
published on November 29, 2016.
Because the resolution of disapproval
invalidates these final regulations, the
Department of Education (Department)
is hereby removing these final
regulations from the Code of Federal
Regulations.
SUMMARY:
DATES:
This action is effective July 7,
2017.
FOR FURTHER INFORMATION CONTACT:
Melissa Siry, U.S. Department of
Education, 400 Maryland Avenue SW.,
Room 3W104, Washington, DC 20202.
Telephone: (202) 260–0926 or by email:
Melissa.Siry@ed.gov.
If you use a telecommunications
device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay
Service (FRS), toll free, at 1–800–877–
8339.
On
November 29, 2016, the Department
published the accountability and State
plans final regulations (81 FR 86076).
The regulations were effective on March
21, 2017. On March 27, 2017, President
Trump signed into law Congress’
resolution of disapproval of the
accountability and State plans final
regulations under the Congressional
Review Act as Public Law 115–13.
Section 801(f) of the Congressional
Review Act states that ‘‘[a]ny rule that
takes effect and later is made of no force
or effect by enactment of a joint
resolution under section 802 shall be
treated as though such rule had never
taken effect.’’ Accordingly, the
Department is hereby removing the
accountability and State plans final
regulations from the Code of Federal
Regulations, and ensuring the CFR is
returned to the state it would have been
if this ‘‘rule had never taken effect.’’
Consistent with Executive Order 13777,
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SUPPLEMENTARY INFORMATION:
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the Department is evaluating all existing
regulations and making
recommendations to the agency head
regarding their repeal, replacement, or
modification, consistent with applicable
law. As part of that effort, we will
review the regulations in parts 200 and
299.
List of Subjects
34 CFR Part 200
Elementary and secondary education,
Grant programs—education, Indians—
education, Infants and children,
Juvenile delinquency, Migrant labor,
Private schools, Reporting and
recordkeeping requirements.
34 CFR Part 299
Administrative practice and
procedure, Elementary and secondary
education, Grant programs—education,
Private schools, Reporting and
recordkeeping requirements.
Dated: June 7, 2017.
Betsy DeVos,
Secretary of Education.
Amendment to 34 CFR Chapter II
For the reasons discussed in the
preamble, and under the authority of the
Congressional Review Act (5 U.S.C. 801
et seq.) and Public Law 115–13 (March
27, 2017), the Secretary of Education
amends parts 200 and 299 of title 34 of
the Code of Federal Regulations as
follows:
PART 200—TITLE I—IMPROVING THE
ACADEMIC ACHIEVEMENT OF THE
DISADVANTAGED
1. The authority citation for part 200
is revised to read as follows:
■
Authority: 20 U.S.C. 6301 through 6578,
unless otherwise noted.
2. Section 200.7 is added to read as
follows:
■
§ 200.7
Disaggregation of data.
(a) Statistically reliable information.
(1) A State may not use disaggregated
data for one or more subgroups under
§ 200.2(b)(10) to report achievement
results under section 1111(h) of the Act
or to identify schools in need of
improvement, corrective action, or
restructuring under section 1116 of the
Act if the number of students in those
subgroups is insufficient to yield
statistically reliable information.
(2)(i) Based on sound statistical
methodology, each State must
determine the minimum number of
students sufficient to—
(A) Yield statistically reliable
information for each purpose for which
disaggregated data are used; and
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(B) Ensure that, to the maximum
extent practicable, all student subgroups
in § 200.13(b)(7)(ii) (economically
disadvantaged students; students from
major racial and ethnic groups; students
with disabilities as defined in section
9101(5) of the Act; and students with
limited English proficiency as defined
in section 9101(25) of the Act) are
included, particularly at the school
level, for purposes of making
accountability determinations.
(ii) Each State must revise its
Consolidated State Application
Accountability Workbook under section
1111 of the Act to include—
(A) An explanation of how the State’s
minimum group size meets the
requirements of paragraph (a)(2)(i) of
this section;
(B) An explanation of how other
components of the State’s definition of
adequate yearly progress (AYP), in
addition to the State’s minimum group
size, interact to affect the statistical
reliability of the data and to ensure the
maximum inclusion of all students and
student subgroups in § 200.13(b)(7)(ii);
and
(C) Information regarding the number
and percentage of students and student
subgroups in § 200.13(b)(7)(ii) excluded
from school-level accountability
determinations.
(iii) Each State must submit a revised
Consolidated State Application
Accountability Workbook in accordance
with paragraph (a)(2)(ii) of this section
to the Department for technical
assistance and peer review under the
process established by the Secretary
under section 1111(e)(2) of the Act in
time for any changes to be in effect for
AYP determinations based on school
year 2009–2010 assessment results.
(iv) Beginning with AYP decisions
that are based on the assessments
administered in the 2007–08 school
year, a State may not establish a
different minimum number of students
under paragraph (a)(2)(i) of this section
for separate subgroups under
§ 200.13(b)(7)(ii) or for the school as a
whole.
(b) Personally identifiable
information. (1) A State may not use
disaggregated data for one or more
subgroups under § 200.2(b)(10) to report
achievement results under section
1111(h) of the Act if the results would
reveal personally identifiable
information about an individual
student.
(2) To determine whether
disaggregated results would reveal
personally identifiable information
about an individual student, a State
must apply the requirements under
section 444(b) of the General Education
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Provisions Act (the Family Educational
Rights and Privacy Act of 1974).
(3) Nothing in paragraph (b)(1) or
(b)(2) of this section shall be construed
to abrogate the responsibility of States to
implement the requirements of section
1116(a) of the Act for determining
whether States, LEAs, and schools are
making AYP on the basis of the
performance of each subgroup under
section 1111(b)(2)(C)(v) of the Act.
(4) Each State shall include in its
State plan, and each State and LEA shall
implement, appropriate strategies to
protect the privacy of individual
students in reporting achievement
results under section 1111(h) of the Act
and in determining whether schools and
LEAs are making AYP on the basis of
disaggregated subgroups.
(c) Inclusion of subgroups in
assessments. If a subgroup under
§ 200.2(b)(10) is not of sufficient size to
produce statistically reliable results, the
State must still include students in that
subgroup in its State assessments under
§ 200.2.
(d) Disaggregation at the LEA and
State. If the number of students in a
subgroup is not statistically reliable at
the school level, the State must include
those students in disaggregations at each
level for which the number of students
is statistically reliable—e.g., the LEA or
State level.
(Authority: 20 U.S.C. 6311(b)(3); 1232g)
3. Section 200.12 is revised to read as
follows:
■
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§ 200.12
system.
Single statewide accountability
(a)(1) Each State must demonstrate in
its State plan that the State has
developed and is implementing,
beginning with the 2002–2003 school
year, a single, statewide accountability
system.
(2) The State’s accountability system
must be effective in ensuring that all
public elementary and secondary
schools and LEAs in the State make
AYP as defined in §§ 200.13 through
200.20.
(b) The State’s accountability system
must—
(1) Be based on the State’s academic
standards under § 200.1, academic
assessments under § 200.2, and other
academic indicators under § 200.19;
(2) Take into account the achievement
of all public elementary and secondary
school students;
(3) Be the same accountability system
the State uses for all public elementary
and secondary schools and all LEAs in
the State; and
(4) Include sanctions and rewards that
the State will use to hold public
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elementary and secondary schools and
LEAs accountable for student
achievement and for making AYP,
except that the State is not required to
subject schools and LEAs not
participating under subpart A of this
part to the requirements of section 1116
of the ESEA.
(Authority: 20 U.S.C. 6311(b)(2)(A))
§ 200.12
[Amended]
4. Add an undesignated center
heading ‘‘Adequate Yearly Progress
(AYP)’’ following § 200.12.
■ 5. Section 200.13 is revised to read as
follows:
■
§ 200.13 Adequate yearly progress in
general.
(a) Each State must demonstrate in its
State plan what constitutes AYP of the
State and of all public schools and LEAs
in the State—
(1) Toward enabling all public school
students to meet the State’s student
academic achievement standards; while
(2) Working toward the goal of
narrowing the achievement gaps in the
State, its LEAs, and its public schools.
(b) A State must define adequate
yearly progress, in accordance with
§§ 200.14 through 200.20, in a manner
that—
(1) Applies the same high standards of
academic achievement to all public
school students in the State, except as
provided in paragraph (c) of this
section;
(2) Is statistically valid and reliable;
(3) Results in continuous and
substantial academic improvement for
all students;
(4) Measures the progress of all public
schools, LEAs, and the State based
primarily on the State’s academic
assessment system under § 200.2;
(5) Measures progress separately for
reading/language arts and for
mathematics;
(6) Is the same for all public schools
and LEAs in the State; and
(7) Consistent with § 200.7, applies
the same annual measurable objectives
under § 200.18 separately to each of the
following:
(i) All public school students.
(ii) Students in each of the following
subgroups:
(A) Economically disadvantaged
students.
(B) Students from major racial and
ethnic groups.
(C) Students with disabilities, as
defined in section 9101(5) of the ESEA.
(D) Students with limited English
proficiency, as defined in section
9101(25) of the ESEA.
(c)(1) In calculating AYP for schools,
LEAs, and the State, a State must,
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consistent with § 200.7(a), include the
scores of all students with disabilities.
(2) A State may include the proficient
and advanced scores of students with
the most significant cognitive
disabilities based on the alternate
academic achievement standards
described in § 200.1(d), provided that
the number of those scores at the LEA
and at the State levels, separately, does
not exceed 1.0 percent of all students in
the grades assessed in reading/language
arts and in mathematics.
(3) A State may not request from the
Secretary an exception permitting it to
exceed the cap on proficient and
advanced scores based on alternate
academic achievement standards under
paragraph (c)(2) of this section.
(4)(i) A State may grant an exception
to an LEA permitting it to exceed the 1.0
percent cap on proficient and advanced
scores based on the alternate academic
achievement standards described in
paragraph (c)(2) of this section only if—
(A) The LEA demonstrates that the
incidence of students with the most
significant cognitive disabilities exceeds
1.0 percent of all students in the
combined grades assessed;
(B) The LEA explains why the
incidence of such students exceeds 1.0
percent of all students in the combined
grades assessed, such as school,
community, or health programs in the
LEA that have drawn large numbers of
families of students with the most
significant cognitive disabilities, or that
the LEA has such a small overall
student population that it would take
only a few students with such
disabilities to exceed the 1.0 percent
cap; and
(C) The LEA documents that it is
implementing the State’s guidelines
under § 200.1(f).
(ii) The State must review regularly
whether an LEA’s exception to the 1.0
percent cap is still warranted.
(5) In calculating AYP, if the
percentage of proficient and advanced
scores based on alternate academic
achievement standards under § 200.1(d)
exceeds the cap in paragraph (c)(2) of
this section at the State or LEA level, the
State must do the following:
(i) Consistent with § 200.7(a), include
all scores based on alternate academic
achievement standards.
(ii) Count as non-proficient the
proficient and advanced scores that
exceed the cap in paragraph (c)(2) of
this section.
(iii) Determine which proficient and
advanced scores to count as nonproficient in schools and LEAs
responsible for students who are
assessed based on alternate academic
achievement standards.
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(iv) Include non-proficient scores that
exceed the cap in paragraph (c)(2) of
this section in each applicable subgroup
at the school, LEA, and State level.
(v) Ensure that parents of a child who
is assessed based on alternate academic
achievement standards are informed of
the actual academic achievement levels
of their child.
(d) The State must establish a way to
hold accountable schools in which no
grade level is assessed under the State’s
academic assessment system (e.g., K–2
schools), although the State is not
required to administer a formal
assessment to meet this requirement.
(Authority: 20 U.S.C. 6311(b)(2))
6. Section 200.14 is revised to read as
follows:
■
§ 200.14 Components of Adequate Yearly
Progress.
A State’s definition of AYP must
include all of the following:
(a) A timeline in accordance with
§ 200.15.
(b) Starting points in accordance with
§ 200.16.
(c) Intermediate goals in accordance
with § 200.17.
(d) Annual measurable objectives in
accordance with § 200.18.
(e) Other academic indicators in
accordance with § 200.19.
(Authority: 20 U.S.C. 6311(b)(2))
7. Section 200.15 is revised to read as
follows:
■
§ 200.15
following percentages of students at the
proficient level:
(1) The percentage in the State of
proficient students in the lowestachieving subgroup of students under
§ 200.13(b)(7)(ii).
(2) The percentage of proficient
students in the school that represents 20
percent of the State’s total enrollment
among all schools ranked by the
percentage of students at the proficient
level. The State must determine this
percentage as follows:
(i) Rank each school in the State
according to the percentage of proficient
students in the school.
(ii) Determine 20 percent of the total
enrollment in all schools in the State.
(iii) Beginning with the lowest-ranked
school, add the number of students
enrolled in each school until reaching
the school that represents 20 percent of
the State’s total enrollment among all
schools.
(iv) Identify the percentage of
proficient students in the school
identified in paragraph (b)(2)(iii) of this
section.
(c)(1) Except as permitted under
paragraph (c)(2) of this section, each
starting point must be the same
throughout the State for each school,
each LEA, and each group of students
under § 200.13(b)(7).
(2) A State may use the procedures
under paragraph (b) of this section to
establish separate starting points by
grade span.
(Authority: 20 U.S.C. 6311(b)(2))
Timeline.
(a) Each State must establish a
timeline for making AYP that ensures
that, not later than the 2013–2014
school year, all students in each group
described in § 200.13(b)(7) will meet or
exceed the State’s proficient level of
academic achievement.
(b) Notwithstanding subsequent
changes a State may make to its
academic assessment system or its
definition of AYP under §§ 200.13
through 200.20, the State may not
extend its timeline for all students to
reach proficiency beyond the 2013–2014
school year.
(Authority: 20 U.S.C. 6311(b)(2))
8. Section 200.16 is revised to read as
follows:
9. Section 200.17 is revised to read as
follows:
■
§ 200.17
Intermediate goals.
Each State must establish
intermediate goals that increase in equal
increments over the period covered by
the timeline under § 200.15 as follows:
(a) The first incremental increase
must take effect not later than the 2004–
2005 school year.
(b) Each following incremental
increase must occur in not more than
three years.
(Authority: 20 U.S.C. 6311(b)(2))
10. Section 200.18 is revised to read
as follows:
■
■
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§ 200.16
Starting points.
(a) Using data from the 2001–2002
school year, each State must establish
starting points in reading/language arts
and in mathematics for measuring the
percentage of students meeting or
exceeding the State’s proficient level of
academic achievement.
(b) Each starting point must be based,
at a minimum, on the higher of the
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§ 200.18
Annual measurable objectives.
(a) Each State must establish annual
measurable objectives that—
(1) Identify for each year a minimum
percentage of students that must meet or
exceed the proficient level of academic
achievement on the State’s academic
assessments; and
(2) Ensure that all students meet or
exceed the State’s proficient level of
academic achievement within the
timeline under § 200.15.
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(b) The State’s annual measurable
objectives—
(1) Must be the same throughout the
State for each school, each LEA, and
each group of students under
§ 200.13(b)(7); and
(2) May be the same for more than one
year, consistent with the State’s
intermediate goals under § 200.17.
(Authority: 20 U.S.C. 6311(b)(2))
11. Section 200.19 is revised to read
as follows:
■
§ 200.19
Other academic indicators.
(a) Elementary and middle schools.
(1) Choice of indicator. To determine
AYP, consistent with § 200.14(e), each
State must use at least one other
academic indicator for public
elementary schools and at least one
other academic indicator for public
middle schools, such as those in
paragraph (c) of this section.
(2) Goals. A State may, but is not
required to, increase the goals of its
other academic indicators over the
course of the timeline under § 200.15.
(3) Reporting. A State and its LEAs
must report under section 1111(h) of the
Act (annual report cards) performance
on the academic indicators for
elementary and middle schools at the
school, LEA, and State levels in the
aggregate and disaggregated by each
subgroup described in § 200.13(b)(7)(ii).
(4) Determining AYP. A State—
(i) Must disaggregate its other
academic indicators for elementary and
middle schools by each subgroup
described in § 200.13(b)(7)(ii) for
purposes of determining AYP under
§ 200.20(b)(2) (‘‘safe harbor’’) and as
required under section 1111(b)(2)(C)(vii)
of the Act (additional academic
indicators under paragraph (c) of this
section); but
(ii) Need not disaggregate those
indicators for determining AYP under
§ 200.20(a)(1)(ii) (meeting the State’s
annual measurable objectives).
(b) High schools—(1) Graduation rate.
Consistent with paragraphs (b)(4) and
(b)(5) of this section regarding reporting
and determining AYP, respectively,
each State must calculate a graduation
rate, defined as follows, for all public
high schools in the State:
(i)(A) A State must calculate a ‘‘fouryear adjusted cohort graduation rate,’’
defined as the number of students who
graduate in four years with a regular
high school diploma divided by the
number of students who form the
adjusted cohort for that graduating class.
(B) For those high schools that start
after grade nine, the cohort must be
calculated based on the earliest high
school grade.
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(ii) The term ‘‘adjusted cohort’’ means
the students who enter grade 9 (or the
earliest high school grade) and any
students who transfer into the cohort in
grades 9 through 12 minus any students
removed from the cohort.
(A) The term ‘‘students who transfer
into the cohort’’ means the students
who enroll after the beginning of the
entering cohort’s first year in high
school, up to and including in grade 12.
(B) To remove a student from the
cohort, a school or LEA must confirm in
writing that the student transferred out,
emigrated to another country, or is
deceased.
(1) To confirm that a student
transferred out, the school or LEA must
have official written documentation that
the student enrolled in another school
or in an educational program that
culminates in the award of a regular
high school diploma.
(2) A student who is retained in grade,
enrolls in a General Educational
Development (GED) program, or leaves
school for any other reason may not be
counted as having transferred out for the
purpose of calculating graduation rate
and must remain in the adjusted cohort.
(iii) The term ‘‘students who graduate
in four years’’ means students who earn
a regular high school diploma at the
conclusion of their fourth year, before
the conclusion of their fourth year, or
during a summer session immediately
following their fourth year.
(iv) The term ‘‘regular high school
diploma’’ means the standard high
school diploma that is awarded to
students in the State and that is fully
aligned with the State’s academic
content standards or a higher diploma
and does not include a GED credential,
certificate of attendance, or any
alternative award.
(v) In addition to calculating a fouryear adjusted cohort graduation rate, a
State may propose to the Secretary for
approval an ‘‘extended-year adjusted
cohort graduation rate.’’
(A) An extended-year adjusted cohort
graduation rate is defined as the number
of students who graduate in four years
or more with a regular high school
diploma divided by the number of
students who form the adjusted cohort
for the four-year adjusted cohort
graduation rate, provided that the
adjustments account for any students
who transfer into the cohort by the end
of the year of graduation being
considered minus the number of
students who transfer out, emigrate to
another country, or are deceased by the
end of that year.
(B) A State may calculate one or more
extended-year adjusted cohort
graduation rates.
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(2) Transitional graduation rate. (i)
Prior to the deadline in paragraph
(b)(4)(ii)(A) of this section, a State must
calculate graduation rate as defined in
paragraph (b)(1) of this section or use,
on a transitional basis—
(A) A graduation rate that measures
the percentage of students from the
beginning of high school who graduate
with a regular high school diploma in
the standard number of years; or
(B) Another definition, developed by
the State and approved by the Secretary,
that more accurately measures the rate
of student graduation from high school
with a regular high school diploma.
(ii) For a transitional graduation rate
calculated under paragraph (b)(2)(i) of
this section—
(A) ‘‘Regular high school diploma’’
has the same meaning as in paragraph
(b)(1)(iv) of this section;
(B) ‘‘Standard number of years’’
means four years unless a high school
begins after ninth grade, in which case
the standard number of years is the
number of grades in the school; and
(C) A dropout may not be counted as
a transfer.
(3) Goal and targets. (i) A State must
set—
(A) A single graduation rate goal that
represents the rate the State expects all
high schools in the State to meet; and
(B) Annual graduation rate targets that
reflect continuous and substantial
improvement from the prior year toward
meeting or exceeding the graduation
rate goal.
(ii) Beginning with AYP
determinations under § 200.20 based on
school year 2009–2010 assessment
results, in order to make AYP, any high
school or LEA that serves grade 12 and
the State must meet or exceed—
(A) The graduation rate goal set by the
State under paragraph (b)(3)(i)(A) of this
section; or
(B) The State’s targets for continuous
and substantial improvement from the
prior year, as set by the State under
paragraph (b)(3)(i)(B) of this section.
(4) Reporting. (i) In accordance with
the deadlines in paragraph (b)(4)(ii) of
this section, a State and its LEAs must
report under section 1111(h) of the Act
(annual report cards) graduation rate at
the school, LEA, and State levels in the
aggregate and disaggregated by each
subgroup described in § 200.13(b)(7)(ii).
(ii)(A) Beginning with report cards
providing results of assessments
administered in the 2010–2011 school
year, a State and its LEAs must report
the four-year adjusted cohort graduation
rate calculated in accordance with
paragraph (b)(1)(i) through (iv) of this
section.
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31693
(B) If a State adopts an extended-year
adjusted cohort graduation rate
calculated in accordance with paragraph
(b)(1)(v) of this section, the State and its
LEAs must report, beginning with the
first year for which the State calculates
such a rate, the extended-year adjusted
cohort graduation rate separately from
the four-year adjusted cohort graduation
rate.
(C) Prior to the deadline in paragraph
(b)(4)(ii)(A) of this section, a State and
its LEAs must report a graduation rate
calculated in accordance with paragraph
(b)(1) or (b)(2) of this section in the
aggregate and disaggregated by the
subgroups in § 200.13(b)(7)(ii).
(5) Determining AYP. (i) Beginning
with AYP determinations under
§ 200.20 based on school year 2011–
2012 assessment results, a State must
calculate graduation rate under
paragraph (b)(1) of this section at the
school, LEA, and State levels in the
aggregate and disaggregated by each
subgroup described in § 200.13(b)(7)(ii).
(ii) Prior to the AYP determinations
described in paragraph (b)(5)(i) of this
section, a State must calculate
graduation rate in accordance with
either paragraph (b)(1) or (b)(2) of this
section—
(A) In the aggregate at the school,
LEA, and State levels for determining
AYP under § 200.20(a)(1)(ii) (meeting
the State’s annual measurable
objectives), except as provided in
paragraph (b)(7)(iii) of this section; but
(B) In the aggregate and disaggregated
by each subgroup described in
§ 200.13(b)(7)(ii) for purposes of
determining AYP under § 200.20(b)(2)
(‘‘safe harbor’’) and as required under
section 1111(b)(2)(C)(vii) of the Act
(additional academic indicators under
paragraph (c) of this section).
(6) Accountability workbook. (i) A
State must revise its Consolidated State
Application Accountability Workbook
submitted under section 1111 of the Act
to include the following:
(A) The State’s graduation rate
definition that the State will use to
determine AYP based on school year
2009–2010 assessment results.
(B) The State’s progress toward
meeting the deadline in paragraph
(b)(4)(ii)(A) of this section for
calculating and reporting the four-year
adjusted cohort graduation rate defined
in paragraph (b)(1)(i) through (iv) of this
section.
(C) The State’s graduation rate goal
and targets.
(D) An explanation of how the State’s
graduation rate goal represents the rate
the State expects all high schools in the
State to meet and how the State’s targets
demonstrate continuous and substantial
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improvement from the prior year toward
meeting or exceeding the goal.
(E) The graduation rate for the most
recent school year of the high school at
the 10th percentile, the 50th percentile,
and the 90th percentile in the State
(ranked in terms of graduation rate).
(F) If a State uses an extended-year
adjusted cohort graduation rate, a
description of how it will use that rate
with its four-year adjusted cohort
graduation rate to determine whether its
schools and LEAs have made AYP.
(ii) Each State must submit, consistent
with the timeline in § 200.7(a)(2)(iii), its
revised Consolidated State Application
Accountability Workbook in accordance
with paragraph (b)(6)(i) of this section to
the Department for technical assistance
and peer review under the process
established by the Secretary under
section 1111(e)(2) of the Act.
(7) Extension. (i) If a State cannot
meet the deadline in paragraph
(b)(4)(ii)(A) of this section, the State
may request an extension of the
deadline from the Secretary.
(ii) To receive an extension, a State
must submit to the Secretary, by March
2, 2009—
(A) Evidence satisfactory to the
Secretary demonstrating that the State
cannot meet the deadline in paragraph
(b)(4)(ii)(A) of this section; and
(B) A detailed plan and timeline
addressing the steps the State will take
to implement, as expeditiously as
possible, a graduation rate consistent
with paragraph (b)(1)(i) through (iv) of
this section.
(iii) A State that receives an extension
under this paragraph must, beginning
with AYP determinations under
§ 200.20 based on school year 2011–
2012 assessment results, calculate
graduation rate under paragraph (b)(2)
of this section at the school, LEA, and
State levels in the aggregate and
disaggregated by each subgroup
described in § 200.13(b)(7)(ii).
(c) The State may include additional
academic indicators determined by the
State, including, but not limited to, the
following:
(1) Additional State or locally
administered assessments not included
in the State assessment system under
§ 200.2.
(2) Grade-to-grade retention rates.
(3) Attendance rates.
(4) Percentages of students completing
gifted and talented, advanced
placement, and college preparatory
courses.
(d) A State must ensure that its other
academic indicators are—
(1) Valid and reliable;
(2) Consistent with relevant,
nationally recognized professional and
technical standards, if any; and
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(3) Consistent throughout the State
within each grade span.
(e) Except as provided in
§ 200.20(b)(2), a State—
(1) May not use the indicators in
paragraphs (a) through (c) of this section
to reduce the number, or change the
identity, of schools that would
otherwise be subject to school
improvement, corrective action, or
restructuring if those indicators were
not used; but
(2) May use the indicators to identify
additional schools for school
improvement, corrective action, or
restructuring.
(Authority: 20 U.S.C. 6311(b)(2), (h))
12. Section 200.20 is revised to read
as follows:
■
§ 200.20
Making adequate yearly progress.
A school or LEA makes AYP if it
complies with paragraph (c) and with
either paragraph (a) or (b) of this section
separately in reading/language arts and
in mathematics.
(a)(1) A school or LEA makes AYP if,
consistent with paragraph (f) of this
section—
(i) Each group of students under
§ 200.13(b)(7) meets or exceeds the
State’s annual measurable objectives
under § 200.18; and
(ii) The school or LEA, respectively,
meets or exceeds the State’s other
academic indicators under § 200.19.
(2) For a group under § 200.13(b)(7) to
be included in the determination of
AYP for a school or LEA, the number of
students in the group must be sufficient
to yield statistically reliable information
under § 200.7(a).
(b) If students in any group under
§ 200.13(b)(7) in a school or LEA do not
meet the State’s annual measurable
objectives under § 200.18, the school or
LEA makes AYP if, consistent with
paragraph (f) of this section—
(1) The percentage of students in that
group below the State’s proficient
achievement level decreased by at least
10 percent from the preceding year; and
(2) That group made progress on one
or more of the State’s academic
indicators under § 200.19 or the LEA’s
academic indicators under § 200.30(c).
(c)(1) A school or LEA makes AYP if,
consistent with paragraph (f) of this
section—
(i) Not less than 95 percent of the
students enrolled in each group under
§ 200.13(b)(7) takes the State
assessments under § 200.2; and
(ii) The group is of sufficient size to
produce statistically reliable results
under § 200.7(a).
(2) The requirement in paragraph
(c)(1) of this section does not authorize
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a State, LEA, or school to systematically
exclude 5 percent of the students in any
group under § 200.13(b)(7).
(3) To count a student who is assessed
based on alternate academic
achievement standards described in
§ 200.1(d) as a participant for purposes
of meeting the requirements of this
paragraph, the State must have, and
ensure that its LEAs adhere to,
guidelines that meet the requirements of
§ 200.1(f).
(d) For the purpose of determining
whether a school or LEA has made AYP,
a State may establish a uniform
procedure for averaging data that
includes one or more of the following:
(1) Averaging data across school
years. (i) A State may average data from
the school year for which the
determination is made with data from
one or two school years immediately
preceding that school year.
(ii) If a State averages data across
school years, the State must—
(A) Implement, on schedule, the
assessments in reading/language arts
and mathematics in grades 3 through 8
and once in grades 10 through 12
required under § 200.5(a)(2);
(B) Report data resulting from the
assessments under § 200.5(a)(2);
(C) Determine AYP under §§ 200.13
through 200.20, although the State may
base that determination on data only
from the reading/language arts and
mathematics assessments in the three
grade spans required under
§ 200.5(a)(1); and
(D) Implement the requirements in
section 1116 of the ESEA.
(iii) A State that averages data across
years must determine AYP on the basis
of the assessments under § 200.5(a)(2) as
soon as it has data from two or three
years to average. Until that time, the
State may use data from the reading/
language arts and mathematics
assessments required under § 200.5(a)(1)
to determine adequate yearly progress.
(2) Combining data across grades.
Within each subject area and subgroup,
the State may combine data across
grades in a school or LEA.
(e)(1) In determining the AYP of an
LEA, a State must include all students
who were enrolled in schools in the
LEA for a full academic year, as defined
by the State.
(2) In determining the AYP of a
school, the State may not include
students who were not enrolled in that
school for a full academic year, as
defined by the State.
(f)(1) In determining AYP for a school
or LEA, a State may—
(i) Count recently arrived limited
English proficient students as having
participated in the State assessments for
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purposes of meeting the 95 percent
participation requirement under
paragraph (c)(1)(i) of this section if they
take—
(A) Either an assessment of English
language proficiency under § 200.6(b)(3)
or the State’s reading/language arts
assessment under § 200.2; and
(B) The State’s mathematics
assessment under § 200.2; and
(ii) Choose not to include the scores
of recently arrived limited English
proficient students on the mathematics
assessment, the reading/language arts
assessment (if administered to these
students), or both, even if these students
have been enrolled in the same school
or LEA for a full academic year as
defined by the State.
(2)(i) In determining AYP for the
subgroup of limited English proficient
students and the subgroup of students
with disabilities, a State may include,
for up to two AYP determination cycles,
the scores of—
(A) Students who were limited
English proficient but who no longer
meet the State’s definition of limited
English proficiency; and
(B) Students who were previously
identified under section 602(3) of the
IDEA but who no longer receive special
education services.
(ii) If a State, in determining AYP for
the subgroup of limited English
proficient students and the subgroup of
students with disabilities, includes the
scores of the students described in
paragraph (f)(2)(i) of this section, the
State must include the scores of all such
students, but is not required to—
(A) Include those students in the
limited English proficient subgroup or
in the students with disabilities
subgroup in determining if the number
of limited English proficient students or
students with disabilities, respectively,
is sufficient to yield statistically reliable
information under § 200.7(a); or
(B) With respect to students who are
no longer limited English proficient—
(1) Assess those students’ English
language proficiency under
§ 200.6(b)(3); or
(2) Provide English language services
to those students.
(iii) For the purpose of reporting
information on report cards under
section 1111(h) of the Act—
(A) A State may include the scores of
former limited English proficient
students and former students with
disabilities as part of the limited English
proficient and students with disabilities
subgroups, respectively, for the purpose
of reporting AYP at the State level under
section 1111(h)(1)(C)(ii) of the Act;
(B) An LEA may include the scores of
former limited English proficient
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students and former students with
disabilities as part of the limited English
proficient and students with disabilities
subgroups, respectively, for the purpose
of reporting AYP at the LEA and school
levels under section 1111(h)(2)(B) of the
Act; but
(C) A State or LEA may not include
the scores of former limited English
proficient students or former students
with disabilities as part of the limited
English proficient or students with
disabilities subgroup, respectively, in
reporting any other information under
section 1111(h) of the Act.
(g) Student academic growth. (1) A
State may request authority under
section 9401 of the Act to incorporate
student academic growth in the State’s
definition of AYP under this section.
(2) A State’s policy for incorporating
student academic growth in the State’s
definition of AYP must—
(i) Set annual growth targets that—
(A) Will lead to all students, by school
year 2013–2014, meeting or exceeding
the State’s proficient level of academic
achievement on the State assessments
under § 200.2;
(B) Are based on meeting the State’s
proficient level of academic
achievement on the State assessments
under § 200.2 and are not based on
individual student background
characteristics; and
(C) Measure student achievement
separately in mathematics and reading/
language arts;
(ii) Ensure that all students enrolled
in the grades tested under § 200.2 are
included in the State’s assessment and
accountability systems;
(iii) Hold all schools and LEAs
accountable for the performance of all
students and the student subgroups
described in § 200.13(b)(7)(ii);
(iv) Be based on State assessments
that—
(A) Produce comparable results from
grade to grade and from year to year in
mathematics and reading/language arts;
(B) Have been in use by the State for
more than one year; and
(C) Have received full approval from
the Secretary before the State
determines AYP based on student
academic growth;
(v) Track student progress through the
State data system;
(vi) Include, as separate factors in
determining whether schools are
making AYP for a particular year—
(A) The rate of student participation
in assessments under § 200.2; and
(B) Other academic indicators as
described in § 200.19; and
(vii) Describe how the State’s annual
growth targets fit into the State’s
accountability system in a manner that
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ensures that the system is coherent and
that incorporating student academic
growth into the State’s definition of
AYP does not dilute accountability.
(3) A State’s proposal to incorporate
student academic growth in the State’s
definition of AYP will be peer reviewed
under the process established by the
Secretary under section 1111(e)(2) of the
Act.
(Authority: 20 U.S.C. 6311(b)(2), (b)(3)(C)(xi);
7861)
13. Section 200.21 is revised to read
as follows:
■
§ 200.21
State.
Adequate yearly progress of a
For each State that receives funds
under subpart A of this part and under
subpart 1 of part A of Title III of the
ESEA, the Secretary must, beginning
with the 2004–2005 school year,
annually review whether the State has—
(a)(1) Made AYP as defined by the
State in accordance with §§ 200.13
through 200.20 for each group of
students in § 200.13(b)(7); and
(2) Met its annual measurable
achievement objectives under section
3122(a) of the ESEA relating to the
development and attainment of English
proficiency by limited English
proficient students.
(b) A State must include all students
who were enrolled in schools in the
State for a full academic year in
reporting on the yearly progress of the
State.
(Authority: 20 U.S.C. 7325)
14. Section 200.22 is revised to read
as follows:
■
§ 200.22 National Technical Advisory
Council.
(a) To provide advice to the
Department on technical issues related
to the design and implementation of
standards, assessments, and
accountability systems, the Secretary
shall establish a National Technical
Advisory Council (hereafter referred to
as the ‘‘National TAC’’), which shall be
governed by the provisions of the
Federal Advisory Committee Act
(FACA) (Pub. L. 92–463, as amended; 5
U.S.C. App.).
(b)(1) The members of the National
TAC must include persons who have
knowledge of and expertise in the
design and implementation of
educational standards, assessments, and
accountability systems for all students,
including students with disabilities and
limited English proficient students, and
experts with technical knowledge
related to statistics and psychometrics.
(2) The National TAC shall be
composed of 10 to 20 members who
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may meet as a whole or in committees,
as the Secretary may determine.
(3) The Secretary shall, through a
notice published in the Federal
Register—
(i) Solicit nominations from the
public for members of the National
TAC; and
(ii) Publish the list of members, once
selected.
(4) The Secretary shall screen
nominees for membership on the
National TAC for potential conflicts of
interest to prevent, to the extent
possible, such conflicts, or the
appearance thereof, in the National
TAC’s performance of its
responsibilities under this section.
(c) The Secretary shall use the
National TAC to provide its expert
opinions on matters that arise during
the State Plan review process.
(d) The Secretary shall prescribe and
publish the rules of procedure for the
National TAC.
(Authority: 20 U.S.C. 6311(e))
§ 200.23
■
15. Remove and reserve § 200.23.
§ 200.24
■
[Removed and Reserved]
[Removed and Reserved]
16. Remove and reserve § 200.24.
§ 200.29
[Amended]
17. Revise the undesignated center
heading following § 200.29 to read as
follows:
■
making AYP, an LEA also may use any
additional academic assessments or any
other academic indicators described in
the LEA’s plan.
(2)(i) The LEA may use these
assessments and indicators—
(A) To identify additional schools for
school improvement or in need of
corrective action or restructuring; and
(B) To permit a school to make AYP
if, in accordance with § 200.20(b), the
school also reduces the percentage of a
student group not meeting the State’s
proficient level of academic
achievement by at least 10 percent.
(ii) The LEA may not, with the
exception described in paragraph
(c)(2)(i)(B) of this section, use these
assessments and indicators to reduce
the number of, or change the identity of,
the schools that would otherwise be
identified for school improvement,
corrective action, or restructuring if the
LEA did not use these additional
indicators.
(d) The LEA must publicize and
disseminate the results of its annual
progress review to parents, teachers,
principals, schools, and the community.
(e) The LEA must review the
effectiveness of actions and activities
that schools are carrying out under
subpart A of this part with respect to
parental involvement, professional
development, and other activities
assisted under subpart A of this part.
(Authority: 20 U.S.C. 6316(a) and (b))
19. Section 200.31 is revised to read
as follows:
■
LEA and School Improvement
18. Section 200.30 is revised to read
as follows:
■
asabaliauskas on DSKBBXCHB2PROD with RULES
§ 200.30
§ 200.31 Opportunity to review schoollevel data.
Local review.
(a) Each LEA receiving funds under
subpart A of this part must use the
results of the State assessment system
described in § 200.2 to review annually
the progress of each school served under
subpart A of this part to determine
whether the school is making AYP in
accordance with § 200.20.
(b)(1) In reviewing the progress of an
elementary or secondary school
operating a targeted assistance program,
an LEA may choose to review the
progress of only the students in the
school who are served, or are eligible for
services, under subpart A of this part.
(2) The LEA may exercise the option
under paragraph (b)(1) of this section so
long as the students selected for services
under the targeted assistance program
are those with the greatest need for
special assistance, consistent with the
requirements of section 1115 of the
ESEA.
(c)(1) To determine whether schools
served under subpart A of this part are
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(a) Before identifying a school for
school improvement, corrective action,
or restructuring, an LEA must provide
the school with an opportunity to
review the school-level data, including
academic assessment data, on which the
proposed identification is based.
(b)(1) If the principal of a school that
an LEA proposes to identify for school
improvement, corrective action, or
restructuring believes, or a majority of
the parents of the students enrolled in
the school believe, that the proposed
identification is in error for statistical or
other substantive reasons, the principal
may provide supporting evidence to the
LEA.
(2) The LEA must consider the
evidence referred to in paragraph (b)(1)
of this section before making a final
determination.
(c) The LEA must make public a final
determination of the status of the school
with respect to identification not later
than 30 days after it provides the school
with the opportunity to review the data
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on which the proposed identification is
based.
(Authority: 20 U.S.C. 6316(b)(2))
20. Section 200.32 is revised to read
as follows:
■
§ 200.32 Identification for school
improvement.
(a)(1)(i) An LEA must identify for
school improvement any elementary or
secondary school served under subpart
A of this part that fails, for two
consecutive years, to make AYP as
defined under §§ 200.13 through 200.20.
(ii) In identifying schools for
improvement, an LEA—
(A) May base identification on
whether a school did not make AYP
because it did not meet the annual
measurable objectives for the same
subject or meet the same other academic
indicator for two consecutive years; but
(B) May not limit identification to
those schools that did not make AYP
only because they did not meet the
annual measurable objectives for the
same subject or meet the same other
academic indicator for the same
subgroup under § 200.13(b)(7)(ii) for two
consecutive years.
(2) The LEA must make the
identification described in paragraph
(a)(1) of this section before the
beginning of the school year following
the year in which the LEA administered
the assessments that resulted in the
school’s failure to make AYP for a
second consecutive year.
(b)(1) An LEA must treat any school
that was in the first year of school
improvement status on January 7, 2002
as a school that is in the first year of
school improvement under § 200.39 for
the 2002–2003 school year.
(2) Not later than the first day of the
2002–2003 school year, the LEA must,
in accordance with § 200.44, provide
public school choice to all students in
the school.
(c)(1) An LEA must treat any school
that was identified for school
improvement for two or more
consecutive years on January 7, 2002 as
a school that is in its second year of
school improvement under § 200.39 for
the 2002–2003 school year.
(2) Not later than the first day of the
2002–2003 school year, the LEA must—
(i) In accordance with § 200.44,
provide public school choice to all
students in the school; and
(ii) In accordance with § 200.45, make
available supplemental educational
services to eligible students who remain
in the school.
(d) An LEA may remove from
improvement status a school otherwise
subject to the requirements of
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paragraphs (b) or (c) of this section if, on
the basis of assessments the LEA
administers during the 2001–2002
school year, the school makes AYP for
a second consecutive year.
(e)(1) An LEA may, but is not required
to, identify a school for improvement if,
on the basis of assessments the LEA
administers during the 2001–2002
school year, the school fails to make
AYP for a second consecutive year.
(2) An LEA that does not identify
such a school for improvement,
however, must count the 2001–2002
school year as the first year of not
making AYP for the purpose of
subsequent identification decisions
under paragraph (a) of this section.
(f) If an LEA identifies a school for
improvement after the beginning of the
school year following the year in which
the LEA administered the assessments
that resulted in the school’s failure to
make AYP for a second consecutive
year—
(1) The school is subject to the
requirements of school improvement
under § 200.39 immediately upon
identification, including the provision
of public school choice; and
(2) The LEA must count that school
year as a full school year for the
purposes of subjecting the school to
additional improvement measures if the
school continues to fail to make AYP.
(Authority: 20 U.S.C. 6316)
21. Section 200.33 is revised to read
as follows:
■
asabaliauskas on DSKBBXCHB2PROD with RULES
§ 200.33
action.
Identification for corrective
(a) If a school served by an LEA under
subpart A of this part fails to make AYP
by the end of the second full school year
after the LEA has identified the school
for improvement under § 200.32(a) or
(b), or by the end of the first full school
year after the LEA has identified the
school for improvement under
§ 200.32(c), the LEA must identify the
school for corrective action under
§ 200.42.
(b) If a school was subject to
corrective action on January 7, 2002, the
LEA must—
(1) Treat the school as a school
identified for corrective action under
§ 200.42 for the 2002–2003 school year;
and
(2) Not later than the first day of the
2002–2003 school year—
(i) In accordance with § 200.44,
provide public school choice to all
students in the school;
(ii) In accordance with § 200.45, make
available supplemental educational
services to eligible students who remain
in the school; and
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(iii) Take corrective action under
§ 200.42.
(c) An LEA may remove from
corrective action a school otherwise
subject to the requirements of
paragraphs (a) or (b) of this section if, on
the basis of assessments administered
by the LEA during the 2001–2002
school year, the school makes AYP for
a second consecutive year.
(Authority: 20 U.S.C. 6316)
22. Section 200.34 is revised to read
as follows:
■
§ 200.34
Identification for restructuring.
(a) If a school continues to fail to
make AYP after one full school year of
corrective action under § 200.42, the
LEA must prepare a restructuring plan
for the school and make arrangements to
implement the plan.
(b) If the school continues to fail to
make AYP, the LEA must implement the
restructuring plan no later than the
beginning of the school year following
the year in which the LEA developed
the restructuring plan under paragraph
(a) of this section.
(Authority: 20 U.S.C. 6316(b)(8))
23. Section 200.35 is revised to read
as follows:
■
§ 200.35
Delay and removal.
(a) Delay. (1) An LEA may delay, for
a period not to exceed one year,
implementation of requirements under
the second year of school improvement,
under corrective action, or under
restructuring if—
(i) The school makes AYP for one
year; or
(ii) The school’s failure to make AYP
is due to exceptional or uncontrollable
circumstances, such as a natural disaster
or a precipitous and unforeseen decline
in the financial resources of the LEA or
school.
(2) The LEA may not take into
account a period of delay under
paragraph (a) of this section in
determining the number of consecutive
years of the school’s failure to make
AYP.
(3) Except as provided in paragraph
(b) of this section, the LEA must subject
the school to further actions as if the
delay never occurred.
(b) Removal. If any school identified
for school improvement, corrective
action, or restructuring makes AYP for
two consecutive school years, the LEA
may not, for the succeeding school
year—
(1) Subject the school to the
requirements of school improvement,
corrective action, or restructuring; or
(2) Identify the school for
improvement.
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(Authority: 20 U.S.C. 6316(b))
24. Section 200.36 is revised to read
as follows:
■
§ 200.36
Communication with parents.
(a) Throughout the school
improvement process, the State, LEA, or
school must communicate with the
parents of each child attending the
school.
(b) The State, LEA, or school must
ensure that, regardless of the method or
media used, it provides the information
required by §§ 200.37 and 200.38 to
parents—
(1) In an understandable and uniform
format, including alternative formats
upon request; and
(2) To the extent practicable, in a
language that parents can understand.
(c) The State, LEA, or school must
provide information to parents—
(1) Directly, through such means as
regular mail or email, except that if a
State does not have access to individual
student addresses, it may provide
information to the LEA or school for
distribution to parents; and
(2) Through broader means of
dissemination such as the internet, the
media, and public agencies serving the
student population and their families.
(d) All communications must respect
the privacy of students and their
families.
(Authority: 20 U.S.C. 6316)
25. Section 200.37 is revised to read
as follows:
■
§ 200.37 Notice of identification for
improvement, corrective action, or
restructuring.
(a) If an LEA identifies a school for
improvement or subjects the school to
corrective action or restructuring, the
LEA must, consistent with the
requirements of § 200.36, promptly
notify the parent or parents of each
child enrolled in the school of this
identification.
(b) The notice referred to in paragraph
(a) of this section must include the
following:
(1) An explanation of what the
identification means, and how the
school compares in terms of academic
achievement to other elementary and
secondary schools served by the LEA
and the SEA involved.
(2) The reasons for the identification.
(3) An explanation of how parents can
become involved in addressing the
academic issues that led to
identification.
(4)(i) An explanation of the parents’
option to transfer their child to another
public school, including the provision
of transportation to the new school, in
accordance with § 200.44.
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(ii) The explanation of the parents’
option to transfer must include, at a
minimum, information on the academic
achievement of the school or schools to
which the child may transfer.
(iii) The explanation may include
other information on the school or
schools to which the child may transfer,
such as—
(A) A description of any special
academic programs or facilities;
(B) The availability of before- and
after-school programs;
(C) The professional qualifications of
teachers in the core academic subjects;
and
(D) A description of parental
involvement opportunities.
(iv) The explanation of the available
school choices must be made
sufficiently in advance of, but no later
than 14 calendar days before, the start
of the school year so that parents have
adequate time to exercise their choice
option before the school year begins.
(5)(i) If the school is in its second year
of improvement or subject to corrective
action or restructuring, a notice
explaining how parents can obtain
supplemental educational services for
their child in accordance with § 200.45.
(ii) The annual notice of the
availability of supplemental educational
services must include, at a minimum,
the following:
(A) The identity of approved
providers of those services available
within the LEA, including providers of
technology-based or distance-learning
supplemental educational services, and
providers that make services reasonably
available in neighboring LEAs.
(B) A brief description of the services,
qualifications, and demonstrated
effectiveness of the providers referred to
in paragraph (b)(5)(ii)(A) of this section,
including an indication of those
providers who are able to serve students
with disabilities or limited English
proficient students.
(C) An explanation of the benefits of
receiving supplemental educational
services.
(iii) The annual notice of the
availability of supplemental educational
services must be—
(A) Clear and concise; and
(B) Clearly distinguishable from the
other information sent to parents under
this section.
(Authority: 20 U.S.C. 6316)
■
26. Add § 200.38 to read as follows:
§ 200.38
Information about action taken.
(a) An LEA must publish and
disseminate to the parents of each
student enrolled in the school,
consistent with the requirements of
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§ 200.36, and to the public information
regarding any action taken by a school
and the LEA to address the problems
that led to the LEA’s identification of
the school for improvement, corrective
action, or restructuring.
(b) The information referred to in
paragraph (a) of this section must
include the following:
(1) An explanation of what the school
is doing to address the problem of low
achievement.
(2) An explanation of what the LEA or
SEA is doing to help the school address
the problem of low achievement.
(3) If applicable, a description of
specific corrective actions or
restructuring plans.
(Authority: 20 U.S.C. 6316(b))
■
27. Add § 200.39 to read as follows:
§ 200.39 Responsibilities resulting from
identification for school improvement.
(a) If an LEA identifies a school for
school improvement under § 200.32—
(1) The LEA must—
(i) Not later than the first day of the
school year following identification,
with the exception described in
§ 200.32(f), provide all students enrolled
in the school with the option to transfer,
in accordance with § 200.44, to another
public school served by the LEA; and
(ii) Ensure that the school receives
technical assistance in accordance with
§ 200.40; and
(2) The school must develop or revise
a school improvement plan in
accordance with § 200.41.
(b) If a school fails to make AYP by
the end of the first full school year after
the LEA has identified it for
improvement under § 200.32, the LEA
must—
(1) Continue to provide all students
enrolled in the school with the option
to transfer, in accordance with § 200.44,
to another public school served by the
LEA;
(2) Continue to ensure that the school
receives technical assistance in
accordance with § 200.40; and
(3) Make available supplemental
educational services in accordance with
§ 200.45.
(c)(1) Except as provided in paragraph
(c)(2) of this section, the LEA must
prominently display on its Web site, in
a timely manner to ensure that parents
have current information, the following
information regarding the LEA’s
implementation of the public school
choice and supplemental educational
services requirements of the Act and
this part:
(i) Beginning with data from the
2007–2008 school year and for each
subsequent school year, the number of
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students who were eligible for and the
number of students who participated in
public school choice.
(ii) Beginning with data from the
2007–2008 school year and for each
subsequent school year, the number of
students who were eligible for and the
number of students who participated in
supplemental educational services.
(iii) For the current school year, a list
of supplemental educational services
providers approved by the State to serve
the LEA and the locations where
services are provided.
(iv) For the current school year, a list
of available schools to which students
eligible to participate in public school
choice may transfer.
(2) If the LEA does not have its own
Web site, the SEA must include on the
SEA’s Web site the information required
in paragraph (c)(1) of this section for the
LEA.
(Authority: 20 U.S.C. 6316(b))
■
28. Add § 200.40 to read as follows:
§ 200.40
Technical assistance.
(a) An LEA that identifies a school for
improvement under § 200.32 must
ensure that the school receives technical
assistance as the school develops and
implements its improvement plan under
§ 200.41 and throughout the plan’s
duration.
(b) The LEA may arrange for the
technical assistance to be provided by
one or more of the following:
(1) The LEA through the statewide
system of school support and
recognition described under section
1117 of the ESEA.
(2) The SEA.
(3) An institution of higher education
that is in full compliance with all of the
reporting provisions of Title II of the
Higher Education Act of 1965.
(4) A private not-for-profit
organization, a private for-profit
organization, an educational service
agency, or another entity with
experience in helping schools improve
academic achievement.
(c) The technical assistance must
include the following:
(1) Assistance in analyzing data from
the State assessment system, and other
examples of student work, to identify
and develop solutions to problems in—
(i) Instruction;
(ii) Implementing the requirements for
parental involvement and professional
development under this subpart; and
(iii) Implementing the school plan,
including LEA- and school-level
responsibilities under the plan.
(2) Assistance in identifying and
implementing professional development
and instructional strategies and methods
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that have proved effective, through
scientifically based research, in
addressing the specific instructional
issues that caused the LEA to identify
the school for improvement.
(3) Assistance in analyzing and
revising the school’s budget so that the
school allocates its resources more
effectively to the activities most likely
to—
(i) Increase student academic
achievement; and
(ii) Remove the school from school
improvement status.
(d) Technical assistance provided
under this section must be based on
scientifically based research.
(Authority: 20 U.S.C. 6316(b)(4))
■
29. Add § 200.41 to read as follows:
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§ 200.41
School improvement plan.
(a)(1) Not later than three months after
an LEA has identified a school for
improvement under § 200.32, the school
must develop or revise a school
improvement plan for approval by the
LEA.
(2) The school must consult with
parents, school staff, the LEA, and
outside experts in developing or
revising its school improvement plan.
(b) The school improvement plan
must cover a 2-year period.
(c) The school improvement plan
must—
(1) Specify the responsibilities of the
school, the LEA, and the SEA serving
the school under the plan, including the
technical assistance to be provided by
the LEA under § 200.40;
(2)(i) Incorporate strategies, grounded
in scientifically based research, that will
strengthen instruction in the core
academic subjects at the school and
address the specific academic issues
that caused the LEA to identify the
school for improvement; and
(ii) May include a strategy for
implementing a comprehensive school
reform model described in section 1606
of the ESEA;
(3) With regard to the school’s core
academic subjects, adopt policies and
practices most likely to ensure that all
groups of students described in
§ 200.13(b)(7) and enrolled in the school
will meet the State’s proficient level of
achievement, as measured by the State’s
assessment system, not later than the
2013–2014 school year;
(4) Establish measurable goals that—
(i) Address the specific reasons for the
school’s failure to make adequate
progress; and
(ii) Promote, for each group of
students described in § 200.13(b)(7) and
enrolled in the school, continuous and
substantial progress that ensures that all
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these groups meet the State’s annual
measurable objectives described in
§ 200.18;
(5) Provide an assurance that the
school will spend not less than 10
percent of the allocation it receives
under subpart A of this part for each
year that the school is in school
improvement status, for the purpose of
providing high-quality professional
development to the school’s teachers,
principal, and, as appropriate, other
instructional staff, consistent with
section 9101(34) of the ESEA, that—
(i) Directly addresses the academic
achievement problem that caused the
school to be identified for improvement;
(ii) Is provided in a manner that
affords increased opportunity for
participating in that professional
development; and
(iii) Incorporates teacher mentoring
activities or programs;
(6) Specify how the funds described
in paragraph (c)(5) of this section will be
used to remove the school from school
improvement status;
(7) Describe how the school will
provide written notice about the
identification to parents of each student
enrolled in the school;
(8) Include strategies to promote
effective parental involvement at the
school; and
(9) As appropriate, incorporate
activities before school, after school,
during the summer, and during any
extension of the school year.
(d)(1) Within 45 days of receiving a
school improvement plan, the LEA
must—
(i) Establish a peer-review process to
assist with review of the plan;
(ii) Promptly review the plan;
(iii) Work with the school to make any
necessary revisions; and
(iv) Approve the plan if it meets the
requirements of this section.
(2) The LEA may condition approval
of the school improvement plan on—
(i) Inclusion of one or more of the
corrective actions specified in § 200.42;
or
(ii) Feedback on the plan from parents
and community leaders.
(e) A school must implement its
school improvement plan immediately
on approval of the plan by the LEA.
(Authority: 20 U.S.C. 6316(b)(3))
■
30. Add § 200.42 to read as follows:
§ 200.42
Corrective action.
(a) Definition. ‘‘Corrective action’’
means action by an LEA that—
(1) Substantially and directly
responds to—
(i) The consistent academic failure of
a school that led the LEA to identify the
school for corrective action; and
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(ii) Any underlying staffing,
curriculum, or other problems in the
school;
(2) Is designed to increase
substantially the likelihood that each
group of students described in
§ 200.13(b)(7) and enrolled in the school
will meet or exceed the State’s
proficient levels of achievement as
measured by the State assessment
system; and
(3) Is consistent with State law.
(b) Requirements. If an LEA identifies
a school for corrective action, in
accordance with § 200.33, the LEA must
do the following:
(1) Continue to provide all students
enrolled in the school with the option
to transfer to another public school in
accordance with § 200.44.
(2) Continue to ensure that the school
receives technical assistance consistent
with the requirements of § 200.40.
(3) Make available supplemental
educational services in accordance with
§ 200.45.
(4) Take at least one of the following
corrective actions:
(i) Replace the school staff who are
relevant to the school’s failure to make
AYP.
(ii) Institute and fully implement a
new curriculum, including the
provision of appropriate professional
development for all relevant staff, that—
(A) Is grounded in scientifically based
research; and
(B) Offers substantial promise of
improving educational achievement for
low-achieving students and of enabling
the school to make AYP.
(iii) Significantly decrease
management authority at the school
level.
(iv) Appoint one or more outside
experts to advise the school on—
(A) Revising the school improvement
plan developed under § 200.41 to
address the specific issues underlying
the school’s continued failure to make
AYP and resulting in identification for
corrective action; and
(B) Implementing the revised
improvement plan.
(v) Extend for that school the length
of the school year or school day.
(vi) Restructure the internal
organization of the school.
(5) Continue to comply with
§ 200.39(c).
(Authority: 20 U.S.C. 6316(b)(7))
§ 200.42
[Amended]
31. Remove the undesignated center
heading ‘‘Other State Plan Provisions’’
following § 200.42.
■
■
32. Revise § 200.43 to read as follows:
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Restructuring.
(a) Definition. ‘‘Restructuring’’ means
a major reorganization of a school’s
governance arrangement by an LEA
that—
(1) Makes fundamental reforms to
improve student academic achievement
in the school;
(2) Has substantial promise of
enabling the school to make AYP as
defined under §§ 200.13 through 200.20;
(3) Is consistent with State law;
(4) Is significantly more rigorous and
comprehensive than the corrective
action that the LEA implemented in the
school under § 200.42, unless the school
has begun to implement one of the
options in paragraph (b)(3) of this
section as a corrective action; and
(5) Addresses the reasons why the
school was identified for restructuring
in order to enable the school to exit
restructuring as soon as possible.
(b) Requirements. If the LEA identifies
a school for restructuring in accordance
with § 200.34, the LEA must do the
following:
(1) Continue to provide all students
enrolled in the school with the option
to transfer to another public school in
accordance with § 200.44.
(2) Make available supplemental
educational services in accordance with
§ 200.45.
(3) Prepare a plan to carry out one of
the following alternative governance
arrangements:
(i) Reopen the school as a public
charter school.
(ii) Replace all or most of the school
staff (which may include, but may not
be limited to, replacing the principal)
who are relevant to the school’s failure
to make AYP.
(iii) Enter into a contract with an
entity, such as a private management
company, with a demonstrated record of
effectiveness, to operate the school as a
public school.
(iv) Turn the operation of the school
over to the SEA, if permitted under
State law and agreed to by the State.
(v) Any other major restructuring of a
school’s governance arrangement that
makes fundamental reforms, such as
significant changes in the school’s
staffing and governance, in order to
improve student academic achievement
in the school and that has substantial
promise of enabling the school to make
AYP. The major restructuring of a
school’s governance may include
replacing the principal so long as this
change is part of a broader reform effort.
(4) Provide to parents and teachers—
(i) Prompt notice that the LEA has
identified the school for restructuring;
and
(ii) An opportunity for parents and
teachers to—
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(A) Comment before the LEA takes
any action under a restructuring plan;
and
(B) Participate in the development of
any restructuring plan.
(5) Continue to comply with
§ 200.39(c).
(c) Implementation. (1) If a school
continues to fail to make AYP, the LEA
must—
(i) Implement the restructuring plan
no later than the beginning of the school
year following the year in which the
LEA developed the restructuring plan
under paragraph (b)(3) of this section;
(ii) Continue to offer public school
choice and supplemental educational
services in accordance with §§ 200.44
and 200.45; and
(iii) Continue to comply with
§ 200.39(c).
(2) An LEA is no longer required to
carry out the requirements of paragraph
(c)(1) of this section if the restructured
school makes AYP for two consecutive
school years.
(d) Rural schools. On request, the
Secretary will provide technical
assistance for developing and carrying
out a restructuring plan to any rural
LEA—
(1) That has fewer than 600 students
in average daily attendance at all of its
schools; and
(2) In which all of the schools have a
School Locale Code of 7 or 8, as
determined by the National Center for
Education Statistics.
(Authority: 20 U.S.C. 6316(b)(8))
■
33. Add § 200.44 to read as follows:
§ 200.44
Public school choice.
(a) Requirements. (1) In the case of a
school identified for school
improvement under § 200.32, for
corrective action under § 200.33, or for
restructuring under § 200.34, the LEA
must provide all students enrolled in
the school with the option to transfer to
another public school served by the
LEA.
(2) The LEA must offer this option,
through the notice required in § 200.37,
so that students may transfer in the
school year following the school year in
which the LEA administered the
assessments that resulted in its
identification of the school for
improvement, corrective action, or
restructuring.
(3) The schools to which students
may transfer under paragraph (a)(1) of
this section—
(i) May not include schools that—
(A) The LEA has identified for
improvement under § 200.32, corrective
action under § 200.33, or restructuring
under § 200.34; or
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(B) Are persistently dangerous as
determined by the State; and
(ii) May include one or more public
charter schools.
(4) If more than one school meets the
requirements of paragraph (a)(3) of this
section, the LEA must—
(i) Provide to parents of students
eligible to transfer under paragraph
(a)(1) of this section a choice of more
than one such school; and
(ii) Take into account the parents’
preferences among the choices offered
under paragraph (a)(4)(i) of this section.
(5) The LEA must offer the option to
transfer described in this section unless
it is prohibited by State law in
accordance with paragraph (b) of this
section.
(6) Except as described in §§ 200.32(d)
and 200.33(c), if a school was in school
improvement or subject to corrective
action before January 8, 2002, the State
must ensure that the LEA provides a
public school choice option in
accordance with paragraph (a)(1) of this
section not later than the first day of the
2002–2003 school year.
(b) Limitation on State law
prohibition. An LEA may invoke the
State law prohibition on choice
described in paragraph (a)(5) of this
section only if the State law prohibits
choice through restrictions on public
school assignments or the transfer of
students from one public school to
another public school.
(c) Desegregation plans. (1) If an LEA
is subject to a desegregation plan,
whether that plan is voluntary, courtordered, or required by a Federal or
State administrative agency, the LEA is
not exempt from the requirement in
paragraph (a)(1) of this section.
(2) In determining how to provide
students with the option to transfer to
another school, the LEA may take into
account the requirements of the
desegregation plan.
(3) If the desegregation plan forbids
the LEA from offering the transfer
option required under paragraph (a)(1)
of this section, the LEA must secure
appropriate changes to the plan to
permit compliance with paragraph (a)(1)
of this section.
(d) Capacity. An LEA may not use
lack of capacity to deny students the
option to transfer under paragraph (a)(1)
of this section.
(e) Priority. (1) In providing students
the option to transfer to another public
school in accordance with paragraph
(a)(1) of this section, the LEA must give
priority to the lowest-achieving students
from low-income families.
(2) The LEA must determine family
income on the same basis that the LEA
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uses to make allocations to schools
under subpart A of this part.
(f) Status. Any public school to which
a student transfers under paragraph
(a)(1) of this section must ensure that
the student is enrolled in classes and
other activities in the school in the same
manner as all other students in the
school.
(g) Duration of transfer. (1) If a
student exercises the option under
paragraph (a)(1) of this section to
transfer to another public school, the
LEA must permit the student to remain
in that school until the student has
completed the highest grade in the
school.
(2) The LEA’s obligation to provide
transportation for the student may be
limited under the circumstances
described in paragraph (i) of this section
and in § 200.48.
(h) No eligible schools within an LEA.
If all public schools to which a student
may transfer within an LEA are
identified for school improvement,
corrective action, or restructuring, the
LEA—
(1) Must, to the extent practicable,
establish a cooperative agreement for a
transfer with one or more other LEAs in
the area; and
(2) May offer supplemental
educational services to eligible students
under § 200.45 in schools in their first
year of school improvement under
§ 200.39.
(i) Transportation. (1) If a student
exercises the option under paragraph
(a)(1) of this section to transfer to
another public school, the LEA must,
consistent with § 200.48, provide or pay
for the student’s transportation to the
school.
(2) The limitation on funding in
§ 200.48 applies only to the provision of
choice-related transportation, and does
not affect in any way the basic
obligation to provide an option to
transfer as required by paragraph (a) of
this section.
(3) The LEA’s obligation to provide
transportation for the student ends at
the end of the school year in which the
school from which the student
transferred is no longer identified by the
LEA for school improvement, corrective
action, or restructuring.
(j) Students with disabilities and
students covered under Section 504 of
the Rehabilitation Act of 1973 (Section
504). For students with disabilities
under the IDEA and students covered
under Section 504, the public school
choice option must provide a free
appropriate public education as that
term is defined in section 602(8) of the
IDEA or 34 CFR 104.33, respectively.
(Authority: 20 U.S.C. 6316)
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■
34. Add § 200.45 to read as follows:
§ 200.45 Supplemental educational
services.
(a) Definition. ‘‘Supplemental
educational services’’ means tutoring
and other supplemental academic
enrichment services that are—
(1) In addition to instruction provided
during the school day;
(2) Specifically designed to—
(i) Increase the academic achievement
of eligible students as measured by the
State’s assessment system; and
(ii) Enable these children to attain
proficiency in meeting State academic
achievement standards; and
(3) Of high quality and researchbased.
(b) Eligibility. (1) Only students from
low-income families are eligible for
supplemental educational services.
(2) The LEA must determine family
income on the same basis that the LEA
uses to make allocations to schools
under subpart A of this part.
(c) Requirement. (1) If an LEA
identifies a school for a second year of
improvement under § 200.32, corrective
action under § 200.33, or restructuring
under § 200.34, the LEA must arrange,
consistent with paragraph (d) of this
section, for each eligible student in the
school to receive supplemental
educational services from a Stateapproved provider selected by the
student’s parents.
(2) Except as described in §§ 200.32(d)
and 200.33(c), if a school was in school
improvement status for two or more
consecutive school years or subject to
corrective action on January 7, 2002, the
State must ensure that the LEA makes
available, consistent with paragraph (d)
of this section, supplemental
educational services to all eligible
students not later than the first day of
the 2002–2003 school year.
(3) The LEA must, consistent with
§ 200.48, continue to make available
supplemental educational services to
eligible students until the end of the
school year in which the LEA is making
those services available.
(4)(i) At the request of an LEA, the
SEA may waive, in whole or in part, the
requirement that the LEA make
available supplemental educational
services if the SEA determines that—
(A) None of the providers of those
services on the list approved by the SEA
under § 200.47 makes those services
available in the area served by the LEA
or within a reasonable distance of that
area; and
(B) The LEA provides evidence that it
is not otherwise able to make those
services available.
(ii) The SEA must notify the LEA,
within 30 days of receiving the LEA’s
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request for a waiver under paragraph
(c)(4)(i) of this section, whether it
approves or disapproves the request
and, if it disapproves, the reasons for
the disapproval, in writing.
(iii) An LEA that receives a waiver
must renew its request for that waiver
on an annual basis.
(d) Priority. If the amount of funds
available for supplemental educational
services is insufficient to provide
services to each student whose parents
request these services, the LEA must
give priority to the lowest-achieving
students.
(Authority: 20 U.S.C. 6316)
■
35. Add § 200.46 to read as follows:
§ 200.46 LEA responsibilities for
supplemental educational services.
(a) If an LEA is required to make
available supplemental educational
services under § 200.39(b)(3),
§ 200.42(b)(3), or § 200.43(b)(2), the LEA
must do the following:
(1) Provide the annual notice to
parents described in § 200.37(b)(5).
(2) If requested, assist parents in
choosing a provider from the list of
approved providers maintained by the
SEA.
(3) Apply fair and equitable
procedures for serving students if the
number of spaces at approved providers
is not sufficient to serve all eligible
students whose parents request services
consistent with § 200.45.
(4) Ensure that eligible students with
disabilities under IDEA and students
covered under Section 504 receive
appropriate supplemental educational
services and accommodations in the
provision of those services.
(5) Ensure that eligible students who
have limited English proficiency receive
appropriate supplemental educational
services and language assistance in the
provision of those services.
(6) Not disclose to the public, without
the written permission of the student’s
parents, the identity of any student who
is eligible for, or receiving,
supplemental educational services.
(b)(1) In addition to meeting the
requirements in paragraph (a) of this
section, the LEA must enter into an
agreement with each provider selected
by a parent or parents.
(2) The agreement must—
(i) Require the LEA to develop, in
consultation with the parents and the
provider, a statement that includes—
(A) Specific achievement goals for the
student;
(B) A description of how the student’s
progress will be measured; and
(C) A timetable for improving
achievement;
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(ii) Describe procedures for regularly
informing the student’s parents and
teachers of the student’s progress;
(iii) Provide for the termination of the
agreement if the provider is unable to
meet the goals and timetables specified
in the agreement;
(iv) Specify how the LEA will pay the
provider; and
(v) Prohibit the provider from
disclosing to the public, without the
written permission of the student’s
parents, the identity of any student who
is eligible for, or receiving,
supplemental educational services.
(3) In the case of a student with
disabilities under IDEA or a student
covered under Section 504, the
provisions of the agreement referred to
in paragraph (b)(2)(i) of this section
must be consistent with the student’s
individualized education program
under section 614(d) of the IDEA or the
student’s individualized services under
Section 504.
(4) The LEA may not pay the provider
for religious worship or instruction.
(c) If State law prohibits an SEA from
carrying out one or more of its
responsibilities under § 200.47 with
respect to those who provide, or seek
approval to provide, supplemental
educational services, each LEA must
carry out those responsibilities with
respect to its students who are eligible
for those services.
(Authority: 20 U.S.C. 6316(e))
■
36. Add § 200.47 to read as follows:
asabaliauskas on DSKBBXCHB2PROD with RULES
§ 200.47 SEA responsibilities for
supplemental educational services.
(a) If one or more LEAs in a State are
required to make available
supplemental educational services
under § 200.39(b)(3), § 200.42(b)(3), or
§ 200.43(b)(2), the SEA for that State
must do the following:
(1)(i) In consultation with affected
LEAs, parents, teachers, and other
interested members of the public,
promote participation by as many
providers as possible.
(ii) This promotion must include—
(A) Annual notice to potential
providers of—
(1) The opportunity to provide
supplemental educational services; and
(2) Procedures for obtaining the SEA’s
approval to be a provider of those
services; and
(B) Posting on the SEA’s Web site, for
each LEA—
(1) The amount equal to 20 percent of
the LEA’s Title I, Part A allocation
available for choice-related
transportation and supplemental
educational services, as required in
§ 200.48(a)(2); and
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(2) The per-child amount for
supplemental educational services
calculated under § 200.48(c)(1).
(2) Consistent with paragraph (b) of
this section, develop and apply to
potential providers objective criteria.
(3)(i) Maintain by LEA an updated list
of approved providers, including any
technology-based or distance-learning
providers, from which parents may
select; and
(ii) Indicate on the list those providers
that are able to serve students with
disabilities or limited English proficient
students.
(4) Consistent with paragraph (c) of
this section, develop, implement, and
publicly report on standards and
techniques for—
(i) Monitoring the quality and
effectiveness of the services offered by
each approved provider;
(ii) Withdrawing approval from a
provider that fails, for two consecutive
years, to contribute to increasing the
academic proficiency of students
receiving supplemental educational
services from that provider; and
(iii) Monitoring LEAs’
implementation of the supplemental
educational services requirements of the
Act and this part.
(5) Ensure that eligible students with
disabilities under IDEA and students
covered under Section 504 receive
appropriate supplemental educational
services and accommodations in the
provision of those services.
(6) Ensure that eligible students who
have limited English proficiency receive
appropriate supplemental educational
services and language assistance in the
provision of those services.
(b) Standards for approving providers.
(1) As used in this section and in
§ 200.46, ‘‘provider’’ means a non-profit
entity, a for-profit entity, an LEA, an
educational service agency, a public
school, including a public charter
school, or a private school that—
(i) Has a demonstrated record of
effectiveness in increasing the academic
achievement of students in subjects
relevant to meeting the State’s academic
content and student achievement
standards described under § 200.1;
(ii) Is capable of providing
supplemental educational services that
are consistent with the instructional
program of the LEA and with the State
academic content standards and State
student achievement standards
described under § 200.1;
(iii) Is financially sound; and
(iv) In the case of—
(A) A public school, has not been
identified under § 200.32, § 200.33, or
§ 200.34; or
(B) An LEA, has not been identified
under § 200.50(d) or (e).
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(2) In order for the SEA to include a
provider on the State list, the provider
must agree to—
(i)(A) Provide parents of each student
receiving supplemental educational
services and the appropriate LEA with
information on the progress of the
student in increasing achievement; and
(B) This information must be in an
understandable and uniform format,
including alternative formats upon
request, and, to the extent practicable,
in a language that the parents can
understand;
(ii) Ensure that the instruction the
provider gives and the content the
provider uses—
(A) Are consistent with the
instruction provided and the content
used by the LEA and the SEA;
(B) Are aligned with State academic
content and student academic
achievement standards;
(C) Are of high quality, researchbased, and specifically designed to
increase the academic achievement of
eligible children; and
(D) Are secular, neutral, and
nonideological; and
(iii) Meet all applicable Federal, State,
and local health, safety, and civil rights
laws.
(3) In approving a provider, the SEA
must consider, at a minimum—
(i) Information from the provider on
whether the provider has been removed
from any State’s approved provider list;
(ii) Parent recommendations or results
from parent surveys, if any, regarding
the success of the provider’s
instructional program in increasing
student achievement; and
(iii) Evaluation results, if any,
demonstrating that the instructional
program has improved student
achievement.
(4) As a condition of approval, a State
may not require a provider to hire only
staff who meet the requirements under
§§ 200.55 and 200.56.
(c) Standards for monitoring
approved providers. To monitor the
quality and effectiveness of services
offered by an approved provider in
order to inform the renewal or the
withdrawal of approval of the
provider—
(1) An SEA must examine, at a
minimum, evidence that the provider’s
instructional program—
(i) Is consistent with the instruction
provided and the content used by the
LEA and the SEA;
(ii) Addresses students’ individual
needs as described in students’
supplemental educational services plans
under § 200.46(b)(2)(i);
(iii) Has contributed to increasing
students’ academic proficiency; and
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(iv) Is aligned with the State’s
academic content and student academic
achievement standards; and
(2) The SEA must also consider
information, if any, regarding—
(i) Parent recommendations or results
from parent surveys regarding the
success of the provider’s instructional
program in increasing student
achievement; and
(ii) Evaluation results demonstrating
that the instructional program has
improved student achievement.
(Authority: 20 U.S.C. 6316(e))
§ 200.47
[Amended]
37. Remove the undesignated center
heading ‘‘Local Educational Agency
Plans’’ following § 200.47.
■ 38. Revise § 200.48 to read as follows:
■
asabaliauskas on DSKBBXCHB2PROD with RULES
§ 200.48 Funding for choice-related
transportation and supplemental
educational services.
(a) Amounts required. (1) To pay for
choice-related transportation and
supplemental educational services
required under section 1116 of the
ESEA, an LEA may use—
(i) Funds allocated under subpart A of
this part;
(ii) Funds, where allowable, from
other Federal education programs; and
(iii) State, local, or private resources.
(2) Unless a lesser amount is needed,
the LEA must spend an amount equal to
20 percent of its allocation under
subpart A of this part (‘‘20 percent
obligation’’) to—
(i) Provide, or pay for, transportation
of students exercising a choice option
under § 200.44;
(ii) Satisfy all requests for
supplemental educational services
under § 200.45; or
(iii) Pay for both paragraph (a)(2)(i)
and (ii) of this section, except that—
(A) The LEA must spend a minimum
of an amount equal to 5 percent of its
allocation under subpart A of this part
on transportation under paragraph
(a)(2)(i) of this section and an amount
equal to 5 percent of its allocation under
subpart A of this part for supplemental
educational services under paragraph
(a)(2)(ii) of this section, unless lesser
amounts are needed to meet the
requirements of §§ 200.44 and 200.45;
(B) Except as provided in paragraph
(a)(2)(iii)(C) of this section, the LEA may
not include costs for administration or
transportation incurred in providing
supplemental educational services, or
administrative costs associated with the
provision of public school choice
options under § 200.44, in the amounts
required under paragraph (a)(2) of this
section; and
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(C) The LEA may count in the amount
the LEA is required to spend under
paragraph (a) of this section its costs for
outreach and assistance to parents
concerning their choice to transfer their
child or to request supplemental
educational services, up to an amount
equal to 0.2 percent of its allocation
under subpart 2 of part A of Title I of
the Act.
(3) If the amount specified in
paragraph (a)(2) of this section is
insufficient to pay all choice-related
transportation costs, or to meet the
demand for supplemental educational
services, the LEA may make available
any additional needed funds from
Federal, State, or local sources.
(4) To assist an LEA that does not
have sufficient funds to make available
supplemental educational services to all
students requesting these services, an
SEA may use funds that it reserves
under part A of Title I and part A of
Title V of the ESEA.
(b) Cap on school-level reduction. (1)
An LEA may not, in applying paragraph
(a) of this section, reduce by more than
15 percent the total amount it makes
available under subpart A of this part to
a school it has identified for corrective
action or restructuring.
(2) [Reserved]
(c) Per-child funding for supplemental
educational services. For each student
receiving supplemental educational
services under § 200.45, the LEA must
make available the lesser of—
(1) The amount of its allocation under
subpart A of this part, divided by the
number of students from families below
the poverty level, as counted under
section 1124(c)(1)(A) of the ESEA; or
(2) The actual costs of the
supplemental educational services
received by the student.
(d) Unexpended funds for choicerelated transportation and
supplemental educational services.
(1)(i) Except as provided in paragraph
(d)(2) of this section, if an LEA does not
meet its 20 percent obligation in a given
school year, the LEA must spend the
unexpended amount in the subsequent
school year on choice-related
transportation costs, supplemental
educational services, or parent outreach
and assistance (consistent with
paragraph (a)(2)(iii)(C) of this section).
(ii) The LEA must spend the
unexpended amount under paragraph
(d)(1)(i) of this section in addition to the
amount it is required to spend to meet
its 20 percent obligation in the
subsequent school year.
(2) To spend less than the amount
needed to meet its 20 percent obligation,
an LEA must—
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31703
(i) Meet, at a minimum, the following
criteria:
(A) Partner, to the extent practicable,
with outside groups, such as faith-based
organizations, other community-based
organizations, and business groups, to
help inform eligible students and their
families of the opportunities to transfer
or to receive supplemental educational
services.
(B) Ensure that eligible students and
their parents have a genuine
opportunity to sign up to transfer or to
obtain supplemental educational
services, including by—
(1) Providing timely, accurate notice
as required in §§ 200.36 and 200.37;
(2) Ensuring that sign-up forms for
supplemental educational services are
distributed directly to all eligible
students and their parents and are made
widely available and accessible through
broad means of dissemination, such as
the internet, other media, and
communications through public
agencies serving eligible students and
their families; and
(3) Providing a minimum of two
enrollment ‘‘windows,’’ at separate
points in the school year, that are of
sufficient length to enable parents of
eligible students to make informed
decisions about requesting
supplemental educational services and
selecting a provider.
(C) Ensure that eligible supplemental
educational services providers are given
access to school facilities, using a fair,
open, and objective process, on the
same basis and terms as are available to
other groups that seek access to school
facilities;
(ii) Maintain records that demonstrate
the LEA has met the criteria in
paragraph (d)(2)(i) of this section; and
(iii) Notify the SEA that the LEA—
(A) Has met the criteria in paragraph
(d)(2)(i) of this section; and
(B) Intends to spend the remainder of
its 20 percent obligation on other
allowable activities, specifying the
amount of that remainder.
(3)(i) Except as provided in paragraph
(d)(3)(ii) of this section, an SEA must
ensure an LEA’s compliance with
paragraph (d)(2)(i) of this section
through its regular monitoring process.
(ii)(A) In addition to its regular
monitoring process, an SEA must
review any LEA that—
(1) The SEA determines has spent a
significant portion of its 20 percent
obligation for other activities under
paragraph (d)(2)(iii)(B) of this section;
and
(2) Has been the subject of multiple
complaints, supported by credible
evidence, regarding implementation of
the public school choice or
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supplemental educational services
requirements; and
(B) The SEA must complete its review
by the beginning of the next school year.
(4)(i) If an SEA determines under
paragraph (d)(3) of this section that an
LEA has failed to meet any of the
criteria in paragraph (d)(2)(i) of this
section, the LEA must—
(A) Spend an amount equal to the
remainder specified in paragraph
(d)(2)(iii)(B) of this section in the
subsequent school year, in addition to
its 20 percent obligation for that year, on
choice-related transportation costs,
supplemental educational services, or
parent outreach and assistance; or
(B) Meet the criteria in paragraph
(d)(2)(i) of this section and obtain
permission from the SEA before
spending less in that subsequent school
year than the amount required by
paragraph (d)(4)(i)(A) of this section.
(ii) The SEA may not grant permission
to the LEA under paragraph (d)(4)(i)(B)
of this section unless the SEA has
confirmed the LEA’s compliance with
paragraph (d)(2)(i) of this section for
that subsequent school year.
(Authority: 20 U.S.C. 6316)
■
39. Add § 200.49 to read as follows:
asabaliauskas on DSKBBXCHB2PROD with RULES
§ 200.49 SEA responsibilities for school
improvement, corrective action, and
restructuring.
(a) Transition requirements for public
school choice and supplemental
educational services. (1) Except as
described in §§ 200.32(d) and 200.33(c),
if a school was in school improvement
or subject to corrective action on
January 7, 2002, the SEA must ensure
that the LEA for that school provides
public school choice in accordance with
§ 200.44 not later than the first day of
the 2002–2003 school year.
(2) Except as described in §§ 200.32(d)
and 200.33(c), if a school was in school
improvement status for two or more
consecutive school years or subject to
corrective action on January 7, 2002, the
SEA must ensure that the LEA for that
school makes available supplemental
educational services in accordance with
§ 200.45 not later than the first day of
the 2002–2003 school year.
(b) State reservation of funds for
school improvement. (1) In accordance
with § 200.100(a), an SEA must reserve
2 percent of the amount it receives
under this part for fiscal years 2002 and
2003, and 4 percent of the amount it
receives under this part for fiscal years
2004 through 2007, to—
(i) Support local school improvement
activities;
(ii) Provide technical assistance to
schools identified for improvement,
corrective action, or restructuring; and
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(iii) Provide technical assistance to
LEAs that the SEA has identified for
improvement or corrective action in
accordance with § 200.50.
(2) Of the amount it reserves under
paragraph (b)(1) of this section, the SEA
must—
(i) Allocate not less than 95 percent
directly to LEAs serving schools
identified for improvement, corrective
action, and restructuring to support
improvement activities; or
(ii) With the approval of the LEA,
directly provide for these improvement
activities or arrange to provide them
through such entities as school support
teams or educational service agencies.
(3) In providing assistance to LEAs
under paragraph (b)(2) of this section,
the SEA must give priority to LEAs
that—
(i) Serve the lowest-achieving schools;
(ii) Demonstrate the greatest need for
this assistance; and
(iii) Demonstrate the strongest
commitment to ensuring that this
assistance will be used to enable the
lowest-achieving schools to meet the
progress goals in the school
improvement plans under § 200.41.
(c) Technical assistance. The SEA
must make technical assistance
available, through the statewide system
of support and improvement required
by section 1117 of the ESEA, to schools
that LEAs have identified for
improvement, corrective action, or
restructuring.
(d) LEA failure. If the SEA determines
that an LEA has failed to carry out its
responsibilities with respect to school
improvement, corrective action, or
restructuring, the SEA must take the
actions it determines to be appropriate
and in compliance with State law.
(e) Assessment results. (1) The SEA
must ensure that the results of academic
assessments administered as part of the
State assessment system in a given
school year are available to LEAs before
the beginning of the next school year
and in such time as to allow for the
identification described in
§ 200.32(a)(2).
(2) The SEA must provide the results
described in paragraph (e)(1) of this
section to a school before an LEA may
identify the school for school
improvement under § 200.32, corrective
action under § 200.33, or restructuring
under § 200.34.
(f) Accountability for charter schools.
The accountability provisions under
section 1116 of the ESEA must be
overseen for charter schools in
accordance with State charter school
law.
(g) Factors affecting student
achievement. The SEA must notify the
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Secretary of Education of major factors
that have been brought to the SEA’s
attention under section 1111(b)(9) of the
ESEA that have significantly affected
student academic achievement in
schools and LEAs identified for
improvement within the State.
(Authority: 20 U.S.C. 6311 and 6316)
■
40. Add § 200.50 to read as follows:
§ 200.50
SEA review of LEA progress.
(a) State review. (1) An SEA must
annually review the progress of each
LEA in its State that receives funds
under subpart A of this part to
determine whether—
(i) The LEA’s schools served under
this part are making AYP, as defined
under §§ 200.13 through 200.20, toward
meeting the State’s student academic
achievement standards; and
(ii) The LEA is carrying out its
responsibilities under this part with
respect to school improvement,
technical assistance, parental
involvement, and professional
development.
(2) In reviewing the progress of an
LEA, the SEA may, in the case of
targeted assistance schools served by the
LEA, consider the progress only of the
students served or eligible for services
under this subpart, provided the
students selected for services in such
schools are those with the greatest need
for special assistance, consistent with
the requirements of section 1115 of the
ESEA.
(b) Rewards. If an LEA has exceeded
AYP as defined under §§ 200.13 through
200.20 for two consecutive years, the
SEA may—
(1) Reserve funds in accordance with
§ 200.100(c); and
(2) Make rewards of the kinds
described under section 1117 of the
ESEA.
(c) Opportunity for review of LEAlevel data. (1) Before identifying an LEA
for improvement or corrective action,
the SEA must provide the LEA with an
opportunity to review the data,
including academic assessment data, on
which the SEA has based the proposed
identification.
(2)(i) If the LEA believes that the
proposed identification is in error for
statistical or other substantive reasons,
the LEA may provide supporting
evidence to the SEA.
(ii) The SEA must consider the
evidence before making a final
determination not later than 30 days
after it has provided the LEA with the
opportunity to review the data under
paragraph (c)(1) of this section.
(d) Identification for improvement.
(1)(i) The SEA must identify for
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improvement an LEA that, for two
consecutive years, including the period
immediately before January 8, 2002,
fails to make AYP as defined in the
SEA’s plan under section 1111(b)(2) of
the ESEA.
(ii) In identifying LEAs for
improvement, an SEA—
(A) May base identification on
whether an LEA did not make AYP
because it did not meet the annual
measurable objectives for the same
subject or meet the same other academic
indicator for two consecutive years; but
(B) May not limit identification to
those LEAs that did not make AYP only
because they did not meet the annual
measurable objectives for the same
subject or meet the same other academic
indicator for the same subgroup under
§ 200.13(b)(7)(ii) for two consecutive
years.
(2) The SEA must identify for
improvement an LEA that was in
improvement status on January 7, 2002.
(3)(i) The SEA may identify an LEA
for improvement if, on the basis of
assessments the LEA administers during
the 2001–2002 school year, the LEA
fails to make AYP for a second
consecutive year.
(ii) An SEA that does not identify
such an LEA for improvement, however,
must count the 2001–2002 school year
as the first year of not making AYP for
the purpose of subsequent identification
decisions under paragraph (d)(1) of this
section.
(4) The SEA may remove an LEA from
improvement status if, on the basis of
assessments the LEA administers during
the 2001–2002 school year, the LEA
makes AYP for a second consecutive
year.
(e) Identification for corrective action.
After providing technical assistance
under § 200.52(b), the SEA—
(1) May take corrective action at any
time with respect to an LEA that the
SEA has identified for improvement
under paragraph (d) of this section;
(2) Must take corrective action—
(i) With respect to an LEA that fails
to make AYP, as defined under
§§ 200.13 through 200.20, by the end of
the second full school year following
the year in which the LEA administered
the assessments that resulted in the
LEA’s failure to make AYP for a second
consecutive year and led to the SEA’s
identification of the LEA for
improvement under paragraph (d) of
this section; and
(ii) With respect to an LEA that was
in corrective action status on January 7,
2002; and
(3) May remove an LEA from
corrective action if, on the basis of
assessments administered by the LEA
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during the 2001–2002 school year, it
makes AYP for a second consecutive
year.
(f) Delay of corrective action. (1) The
SEA may delay implementation of
corrective action under § 200.53 for a
period not to exceed one year if—
(i) The LEA makes AYP for one year;
or
(ii) The LEA’s failure to make AYP is
due to exceptional or uncontrollable
circumstances, such as a natural disaster
or a precipitous and unforeseen decline
in the LEA’s financial resources.
(2)(i) The SEA may not take into
account the period of delay referred to
in paragraph (f)(1) of this section in
determining the number of consecutive
years the LEA has failed to make AYP;
and
(ii) The SEA must subject the LEA to
further actions following the period of
delay as if the delay never occurred.
(g) Continuation of public school
choice and supplemental educational
services. An SEA must ensure that an
LEA identified under paragraph (d) or
(e) of this section continues to offer
public school choice in accordance with
§ 200.44 and supplemental educational
services in accordance with § 200.45.
(h) Removal from improvement or
corrective action status. If an LEA
makes AYP for two consecutive years
following identification for
improvement under paragraph (d) or
corrective action under paragraph (e) of
this section, the SEA need no longer—
(1) Identify the LEA for improvement;
or
(2) Subject the LEA to corrective
action for the succeeding school year.
(Authority: 20 U.S.C. 6316(c))
■
41. Add § 200.51 to read as follows:
§ 200.51
(a) In general. (1) An SEA must—
(i) Communicate with parents
throughout the review of an LEA under
§ 200.50; and
(ii) Ensure that, regardless of the
method or media used, it provides
information to parents—
(A) In an understandable and uniform
format, including alternative formats
upon request; and
(B) To the extent practicable, in a
language that parents can understand.
(2) The SEA must provide information
to the parents of each student enrolled
in a school served by the LEA—
(i) Directly, through such means as
regular mail or email, except that if an
SEA does not have access to individual
student addresses, it may provide
information to the LEA or school for
distribution to parents; and
(ii) Through broader means of
dissemination such as the internet, the
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media, and public agencies serving the
student population and their families.
(3) All communications must respect
the privacy of students and their
families.
(b) Results of review. The SEA must
promptly publicize and disseminate to
the LEAs, teachers and other staff, the
parents of each student enrolled in a
school served by the LEA, students, and
the community the results of its review
under § 200.50, including statistically
sound disaggregated results in
accordance with §§ 200.2 and 200.7.
(c) Identification for improvement or
corrective action. If the SEA identifies
an LEA for improvement or subjects the
LEA to corrective action, the SEA must
promptly provide to the parents of each
student enrolled in a school served by
the LEA—
(1) The reasons for the identification;
and
(2) An explanation of how parents can
participate in improving the LEA.
(d) Information about action taken. (1)
The SEA must publish, and disseminate
to the parents of each student enrolled
in a school served by the LEA and to the
public, information on any corrective
action the SEA takes under § 200.53.
(2) The SEA must provide this
information—
(i) In a uniform and understandable
format, including alternative formats
upon request; and
(ii) To the extent practicable, in a
language that parents can understand.
(3) The SEA must disseminate the
information through such means as the
internet, the media, and public agencies.
(Authority: 20 U.S.C. 6316(c))
■
42. Add § 200.52 to read as follows:
§ 200.52
Notice of SEA action.
31705
LEA improvement.
(a) Improvement plan. (1) Not later
than 3 months after an SEA has
identified an LEA for improvement
under § 200.50(d), the LEA must
develop or revise an LEA improvement
plan.
(2) The LEA must consult with
parents, school staff, and others in
developing or revising its improvement
plan.
(3) The LEA improvement plan
must—
(i) Incorporate strategies, grounded in
scientifically based research, that will
strengthen instruction in core academic
subjects in schools served by the LEA;
(ii) Identify actions that have the
greatest likelihood of improving the
achievement of participating children in
meeting the State’s student academic
achievement standards;
(iii) Address the professional
development needs of the instructional
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staff serving the LEA by committing to
spend for professional development not
less than 10 percent of the funds
received by the LEA under subpart A of
this part for each fiscal year in which
the SEA identifies the LEA for
improvement. These funds—
(A) May include funds reserved by
schools for professional development
under § 200.41(c)(5); but
(B) May not include funds reserved
for professional development under
section 1119 of the ESEA;
(iv) Include specific measurable
achievement goals and targets—
(A) For each of the groups of students
under § 200.13(b)(7); and
(B) That are consistent with AYP as
defined under §§ 200.13 through 200.20;
(v) Address—
(A) The fundamental teaching and
learning needs in the schools of the
LEA; and
(B) The specific academic problems of
low-achieving students, including a
determination of why the LEA’s
previous plan failed to bring about
increased student academic
achievement;
(vi) As appropriate, incorporate
activities before school, after school,
during the summer, and during any
extension of the school year;
(vii) Specify the responsibilities of the
SEA and LEA under the plan, including
the technical assistance the SEA must
provide under paragraph (b) of this
section and the LEA’s responsibilities
under section 1120A of the ESEA; and
(viii) Include strategies to promote
effective parental involvement in the
schools served by the LEA.
(4) The LEA must implement the
improvement plan—including any
revised plan—expeditiously, but not
later than the beginning of the school
year following the year in which the
LEA administered the assessments that
resulted in the LEA’s failure to make
AYP for a second consecutive year and
led to the SEA’s identification of the
LEA for improvement under § 200.50(d).
(b) SEA technical assistance. (1) An
SEA that identifies an LEA for
improvement under § 200.50(d) must, if
requested, provide or arrange for the
provision of technical or other
assistance to the LEA, as authorized
under section 1117 of the ESEA.
(2) The purpose of the technical
assistance is to better enable the LEA
to—
(i) Develop and implement its
improvement plan; and
(ii) Work with schools needing
improvement.
(3) The technical assistance provided
by the SEA or an entity authorized by
the SEA must—
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(i) Be supported by effective methods
and instructional strategies grounded in
scientifically based research; and
(ii) Address problems, if any, in
implementing the parental involvement
and professional development activities
described in sections 1118 and 1119,
respectively, of the ESEA.
(Authority: 20 U.S.C. 6316(c))
■
43. Add § 200.53 to read as follows:
§ 200.53
LEA corrective action.
(a) Definition. For the purposes of this
section, the term ‘‘corrective action’’
means action by an SEA that—
(1) Substantially and directly
responds to—
(i) The consistent academic failure
that caused the SEA to identify an LEA
for corrective action; and
(ii) Any underlying staffing,
curriculum, or other problems in the
LEA;
(2) Is designed to meet the goal that
each group of students described in
§ 200.13(b)(7) and enrolled in the LEA’s
schools will meet or exceed the State’s
proficient levels of achievement as
measured by the State assessment
system; and
(3) Is consistent with State law.
(b) Notice and hearing. Before
implementing any corrective action
under paragraph (c) of this section, the
SEA must provide notice and a hearing
to the affected LEA—if State law
provides for this notice and hearing—
not later than 45 days following the
decision to take corrective action.
(c) Requirements. If the SEA identifies
an LEA for corrective action, the SEA
must do the following:
(1) Continue to make available
technical assistance to the LEA.
(2) Take at least one of the following
corrective actions:
(i) Defer programmatic funds or
reduce administrative funds.
(ii) Institute and fully implement a
new curriculum based on State and
local content and academic achievement
standards, including the provision of
appropriate professional development
for all relevant staff that—
(A) Is grounded in scientifically based
research; and
(B) Offers substantial promise of
improving educational achievement for
low-achieving students.
(iii) Replace the LEA personnel who
are relevant to the failure to make AYP.
(iv) Remove particular schools from
the jurisdiction of the LEA and establish
alternative arrangements for public
governance and supervision of these
schools.
(v) Appoint a receiver or trustee to
administer the affairs of the LEA in
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place of the superintendent and school
board.
(vi) Abolish or restructure the LEA.
(vii) In conjunction with at least one
other action in paragraph (c)(2) of this
section—
(A) Authorize students to transfer
from a school operated by the LEA to a
higher-performing public school
operated by another LEA in accordance
with § 200.44, and
(B) Provide to these students
transportation, or the costs of
transportation, to the other school
consistent with § 200.44(h).
(Authority: 20 U.S.C. 6316(c)(10))
§ 200.54
[Amended]
44. Revise the undesignated center
heading following reserved § 200.54 to
read as follows:
■
Qualifications of Teachers and
Paraprofessionals
■
45. Revise § 200.55 to read as follows:
§ 200.55
Qualifications of teachers.
(a) Newly hired teachers in Title I
programs. (1) An LEA must ensure that
all teachers hired after the first day of
the 2002–2003 school year who teach
core academic subjects in a program
supported with funds under subpart A
of this part are highly qualified as
defined in § 200.56.
(2) For the purpose of paragraph (a)(1)
of this section, a teacher teaching in a
program supported with funds under
subpart A of this part is—
(i) A teacher in a targeted assisted
school who is paid with funds under
subpart A of this part;
(ii) A teacher in a schoolwide program
school; or
(iii) A teacher employed by an LEA
with funds under subpart A of this part
to provide services to eligible private
school students under § 200.62.
(b) All teachers of core academic
subjects. (1) Not later than the end of the
2005–2006 school year, each State that
receives funds under subpart A of this
part, and each LEA in that State, must
ensure that all public elementary and
secondary school teachers in the State
who teach core academic subjects,
including teachers employed by an LEA
to provide services to eligible private
school students under § 200.62, are
highly qualified as defined in § 200.56.
(2) A teacher who does not teach a
core academic subject—such as some
vocational education teachers—is not
required to meet the requirements in
§ 200.56.
(c) Definition. The term ‘‘core
academic subjects’’ means English,
reading or language arts, mathematics,
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science, foreign languages, civics and
government, economics, arts, history,
and geography.
(d) Private school teachers. The
requirements in this section do not
apply to teachers hired by private
elementary and secondary schools.
(Authority: 20 U.S.C. 6319; 7801(11))
■
46. Revise § 200.56 to read as follows:
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§ 200.56 Definition of ‘‘highly qualified
teacher.’’
A teacher described in § 200.55(a) and
(b)(1) is a ‘‘highly qualified teacher’’ if
the teacher meets the requirements in
paragraph (a) and paragraphs (b), (c), or
(d) of this section.
(a) In general. (1) Except as provided
in paragraph (a)(3) of this section, a
teacher covered under § 200.55 must—
(i) Have obtained full State
certification as a teacher, which may
include certification obtained through
alternative routes to certification; or
(ii)(A) Have passed the State teacher
licensing examination; and
(B) Hold a license to teach in the
State.
(2) A teacher meets the requirement in
paragraph (a)(1) of this section if the
teacher—
(i) Has fulfilled the State’s
certification and licensure requirements
applicable to the years of experience the
teacher possesses; or
(ii) Is participating in an alternative
route to certification program under
which—
(A) The teacher—
(1) Receives high-quality professional
development that is sustained,
intensive, and classroom-focused in
order to have a positive and lasting
impact on classroom instruction, before
and while teaching;
(2) Participates in a program of
intensive supervision that consists of
structured guidance and regular ongoing
support for teachers or a teacher
mentoring program;
(3) Assumes functions as a teacher
only for a specified period of time not
to exceed three years; and
(4) Demonstrates satisfactory progress
toward full certification as prescribed by
the State; and
(B) The State ensures, through its
certification and licensure process, that
the provisions in paragraph (a)(2)(ii) of
this section are met.
(3) A teacher teaching in a public
charter school in a State must meet the
certification and licensure requirements,
if any, contained in the State’s charter
school law.
(4) If a teacher has had certification or
licensure requirements waived on an
emergency, temporary, or provisional
basis, the teacher is not highly qualified.
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(b) Teachers new to the profession. A
teacher covered under § 200.55 who is
new to the profession also must—
(1) Hold at least a bachelor’s degree;
and
(2) At the public elementary school
level, demonstrate, by passing a rigorous
State test (which may consist of passing
a State certification or licensing test),
subject knowledge and teaching skills in
reading/language arts, writing,
mathematics, and other areas of the
basic elementary school curriculum; or
(3) At the public middle and high
school levels, demonstrate a high level
of competency by—
(i) Passing a rigorous State test in each
academic subject in which the teacher
teaches (which may consist of passing a
State certification or licensing test in
each of these subjects); or
(ii) Successfully completing in each
academic subject in which the teacher
teaches—
(A) An undergraduate major;
(B) A graduate degree;
(C) Coursework equivalent to an
undergraduate major; or
(D) Advanced certification or
credentialing.
(c) Teachers not new to the
profession. A teacher covered under
§ 200.55 who is not new to the
profession also must—
(1) Hold at least a bachelor’s degree;
and
(2)(i) Meet the applicable
requirements in paragraph (b)(2) or (3)
of this section; or
(ii) Based on a high, objective,
uniform State standard of evaluation in
accordance with section 9101(23)(C)(ii)
of the ESEA, demonstrate competency
in each academic subject in which the
teacher teaches.
(d) A special education teacher is a
‘‘highly qualified teacher’’ under the Act
if the teacher meets the requirements for
a ‘‘highly qualified special education
teacher’’ in 34 CFR 300.18.
(Authority: 20 U.S.C. 1401(10); 7801(23))
■
47. Revise § 200.57 to read as follows:
§ 200.57
Plans to increase teacher quality.
(a) State plan. (1) A State that receives
funds under subpart A of this part must
develop, as part of its State plan under
section 1111 of the ESEA, a plan to
ensure that all public elementary and
secondary school teachers in the State
who teach core academic subjects are
highly qualified not later than the end
of the 2005–2006 school year.
(2) The State’s plan must—
(i) Establish annual measurable
objectives for each LEA and school that
include, at a minimum, an annual
increase in the percentage of—
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31707
(A) Highly qualified teachers at each
LEA and school; and
(B) Teachers who are receiving highquality professional development to
enable them to become highly qualified
and effective classroom teachers;
(ii) Describe the strategies the State
will use to—
(A) Help LEAs and schools meet the
requirements in paragraph (a)(1) of this
section; and
(B) Monitor the progress of LEAs and
schools in meeting these requirements;
and
(iii) Until the SEA fully complies with
paragraph (a)(1) of this section, describe
the specific steps the SEA will take to—
(A) Ensure that Title I schools provide
instruction by highly qualified teachers,
including steps that the SEA will take
to ensure that minority children and
children from low-income families are
not taught at higher rates than other
children by inexperienced, unqualified,
or out-of-field teachers; and
(B) Evaluate and publicly report the
progress of the SEA with respect to
these steps.
(3) The State’s plan may include other
measures that the State determines are
appropriate to increase teacher
qualifications.
(b) Local plan. An LEA that receives
funds under subpart A of this part must
develop, as part of its local plan under
section 1112 of the ESEA, a plan to
ensure that—
(1) All public elementary and
secondary school teachers in the LEA
who teach core academic subjects,
including teachers employed by the
LEA to provide services to eligible
private school students under § 200.62,
are highly qualified not later than the
end of the 2005–2006 school year; and
(2) Through incentives for voluntary
transfers, professional development,
recruitment programs, or other effective
strategies, minority students and
students from low-income families are
not taught at higher rates than other
students by unqualified, out-of-field, or
inexperienced teachers.
(Authority: 20 U.S.C. 6311(b)(8)(C),
6312(c)(1)(I), (L); 6319(a)(2)–(3); 7801(34))
■
48. Revise § 200.58 to read as follows:
§ 200.58 Qualifications of
paraprofessionals.
(a) Applicability. (1) An LEA must
ensure that each paraprofessional who
is hired by the LEA and who works in
a program supported with funds under
subpart A of this part meets the
requirements in paragraph (b) of this
section and, except as provided in
paragraph (e) of this section, the
requirements in either paragraph (c) or
(d) of this section.
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(2) For the purpose of this section, the
term ‘‘paraprofessional’’—
(i) Means an individual who provides
instructional support consistent with
§ 200.59; and
(ii) Does not include individuals who
have only non-instructional duties (such
as providing technical support for
computers, providing personal care
services, or performing clerical duties).
(3) For the purpose of paragraph (a) of
this section, a paraprofessional working
in ‘‘a program supported with funds
under subpart A of this part’’ is—
(i) A paraprofessional in a targeted
assisted school who is paid with funds
under subpart A of this part;
(ii) A paraprofessional in a
schoolwide program school; or
(iii) A paraprofessional employed by
an LEA with funds under subpart A of
this part to provide instructional
support to a public school teacher
covered under § 200.55 who provides
equitable services to eligible private
school students under § 200.62.
(b) All paraprofessionals. A
paraprofessional covered under
paragraph (a) of this section, regardless
of the paraprofessional’s hiring date,
must have earned a secondary school
diploma or its recognized equivalent.
(c) New paraprofessionals. A
paraprofessional covered under
paragraph (a) of this section who is
hired after January 8, 2002 must have—
(1) Completed at least two years of
study at an institution of higher
education;
(2) Obtained an associate’s or higher
degree; or
(3)(i) Met a rigorous standard of
quality, and can demonstrate—through
a formal State or local academic
assessment—knowledge of, and the
ability to assist in instructing, as
appropriate—
(A) Reading/language arts, writing,
and mathematics; or
(B) Reading readiness, writing
readiness, and mathematics readiness.
(ii) A secondary school diploma or its
recognized equivalent is necessary, but
not sufficient, to meet the requirement
in paragraph (c)(3)(i) of this section.
(d) Existing paraprofessionals. Each
paraprofessional who was hired on or
before January 8, 2002 must meet the
requirements in paragraph (c) of this
section no later than January 8, 2006.
(e) Exceptions. A paraprofessional
does not need to meet the requirements
in paragraph (c) or (d) of this section if
the paraprofessional—
(1)(i) Is proficient in English and a
language other than English; and
(ii) Acts as a translator to enhance the
participation of limited English
proficient children under subpart A of
this part; or
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(2) Has instructional-support duties
that consist solely of conducting
parental involvement activities.
(Authority: 20 U.S.C. 6319(c)–(f))
■
49. Revise § 200.59 to read as follows:
§ 200.59
Duties of paraprofessionals.
(a) A paraprofessional covered under
§ 200.58 may not be assigned a duty
inconsistent with paragraph (b) of this
section.
(b) A paraprofessional covered under
§ 200.58 may perform the following
instructional support duties:
(1) One-on-one tutoring for eligible
students if the tutoring is scheduled at
a time when a student would not
otherwise receive instruction from a
teacher.
(2) Assisting in classroom
management.
(3) Assisting in computer instruction.
(4) Conducting parent involvement
activities.
(5) Providing instructional support in
a library or media center.
(6) Acting as a translator.
(7) Providing instructional support
services.
(c)(1) A paraprofessional may not
provide instructional support to a
student unless the paraprofessional is
working under the direct supervision of
a teacher who meets the requirements in
§ 200.56.
(2) A paraprofessional works under
the direct supervision of a teacher if—
(i) The teacher plans the instructional
activities that the paraprofessional
carries out;
(ii) The teacher evaluates the
achievement of the students with whom
the paraprofessional is working; and
(iii) The paraprofessional works in
close and frequent physical proximity to
the teacher.
(d) A paraprofessional may assume
limited duties that are assigned to
similar personnel who are not working
in a program supported with funds
under subpart A of this part—including
non-instructional duties and duties that
do not benefit participating students—if
the amount of time the paraprofessional
spends on those duties is the same
proportion of total work time as the time
spent by similar personnel at the same
school.
(Authority: 20 U.S.C. 6319(g))
■
50. Revise § 200.60 to read as follows:
§ 200.60 Expenditures for professional
development.
(a)(1) Except as provided in paragraph
(a)(2) of this section, an LEA must use
funds it receives under subpart A of this
part as follows for professional
development activities to ensure that
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teachers and paraprofessionals meet the
requirements of §§ 200.56 and 200.58:
(i) For each of fiscal years 2002 and
2003, the LEA must use not less than 5
percent or more than 10 percent of the
funds it receives under subpart A of this
part.
(ii) For each fiscal year after 2003, the
LEA must use not less than 5 percent of
the funds it receives under subpart A of
this part.
(2) An LEA is not required to spend
the amount required in paragraph (a)(1)
of this section for a given fiscal year if
a lesser amount is sufficient to ensure
that the LEA’s teachers and
paraprofessionals meet the requirements
in §§ 200.56 and 200.58, respectively.
(b) The LEA may use additional funds
under subpart A of this part to support
ongoing training and professional
development, as defined in section
9101(34) of the ESEA, to assist teachers
and paraprofessionals in carrying out
activities under subpart A of this part.
(Authority: 20 U.S.C. 6319(h), (l); 7801(34))
■
51. Add § 200.61 to read as follows:
§ 200.61
Parents’ right to know.
(a) At the beginning of each school
year, an LEA that receives funds under
subpart A of this part must notify the
parents of each student attending a Title
I school that the parents may request,
and the LEA will provide the parents on
request, information regarding the
professional qualifications of the
student’s classroom teachers, including,
at a minimum, the following:
(1) Whether the teacher has met State
qualification and licensing criteria for
the grade levels and subject areas in
which the teacher provides instruction.
(2) Whether the teacher is teaching
under emergency or other provisional
status through which State qualification
or licensing criteria have been waived.
(3) The baccalaureate degree major of
the teacher and any other graduate
certification or degree held by the
teacher, and the field of discipline of the
certification or degree.
(4) Whether the child is provided
services by paraprofessionals and, if so,
their qualifications.
(b) A school that participates under
subpart A of this part must provide to
each parent—
(1) Information on the level of
achievement of the parent’s child in
each of the State academic assessments
required under § 200.2;
(2) Timely notice that the parent’s
child has been assigned, or has been
taught for four or more consecutive
weeks by, a teacher of a core academic
subject who is not highly qualified.
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(c) An LEA and school must provide
the notice and information required
under this section—
(1) In a uniform and understandable
format, including alternative formats
upon request; and
(2) To the extent practicable, in a
language that parents can understand.
§ 200.61
[Amended]
52. Add an undesignated center
heading ‘‘Participation of Eligible
Children in Private Schools’’ following
§ 200.61.
■
(Authority: 20 U.S.C. 6311(h)(6))
■
53. Add § 200.62 to read as follows:
§ 200.62 Responsibilities for providing
services to private school children.
(a) After timely and meaningful
consultation with appropriate officials
of private schools, an LEA must—
(1) In accordance with §§ 200.62
through 200.67 and section 1120 of the
ESEA, provide special educational
services or other benefits under subpart
A of this part, on an equitable basis and
in a timely manner, to eligible children
who are enrolled in private elementary
and secondary schools; and
(2) Ensure that teachers and families
of participating private school children
participate on a basis equitable to the
participation of teachers and families of
public school children receiving these
services in accordance with § 200.65.
(b)(1) Eligible private school children
are children who—
(i) Reside in participating public
school attendance areas of the LEA,
regardless of whether the private school
they attend is located in the LEA; and
(ii) Meet the criteria in section 1115(b)
of the ESEA.
(2) Among the eligible private school
children, the LEA must select children
to participate, consistent with § 200.64.
(c) The services and other benefits an
LEA provides under this section must
be secular, neutral and nonideological.
§ 200.62
[Amended]
54. Remove the undesignated center
heading ‘‘Allocations to LEAs’’
following § 200.62.
■
(Authority: 20 U.S.C. 6315(b); 6320(a))
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■
55. Revise § 200.63 to read as follows:
§ 200.63
Consultation.
(a) In order to have timely and
meaningful consultation, an LEA must
consult with appropriate officials of
private schools during the design and
development of the LEA’s program for
eligible private school children.
(b) At a minimum, the LEA must
consult on the following:
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(1) How the LEA will identify the
needs of eligible private school
children.
(2) What services the LEA will offer
to eligible private school children.
(3) How and when the LEA will make
decisions about the delivery of services.
(4) How, where, and by whom the
LEA will provide services to eligible
private school children.
(5) How the LEA will assess
academically the services to eligible
private school children in accordance
with § 200.10, and how the LEA will use
the results of that assessment to improve
Title I services.
(6) The size and scope of the equitable
services that the LEA will provide to
eligible private school children, and,
consistent with § 200.64, the proportion
of funds that the LEA will allocate for
these services.
(7) The method or sources of data that
the LEA will use under § 200.78 to
determine the number of private school
children from low-income families
residing in participating public school
attendance areas, including whether the
LEA will extrapolate data if a survey is
used.
(8) The equitable services the LEA
will provide to teachers and families of
participating private school children.
(c)(1) Consultation by the LEA must—
(i) Include meetings of the LEA and
appropriate officials of the private
schools; and
(ii) Occur before the LEA makes any
decision that affects the opportunity of
eligible private school children to
participate in Title I programs.
(2) The LEA must meet with officials
of the private schools throughout the
implementation and assessment of the
Title I services.
(d)(1) Consultation must include—
(i) A discussion of service delivery
mechanisms the LEA can use to provide
equitable services to eligible private
school children; and
(ii) A thorough consideration and
analysis of the views of the officials of
the private schools on the provision of
services through a contract with a thirdparty provider.
(2) If the LEA disagrees with the
views of the officials of the private
schools on the provision of services
through a contract, the LEA must
provide in writing to the officials of the
private schools the reasons why the LEA
chooses not to use a contractor.
(e)(1) The LEA must maintain in its
records and provide to the SEA a
written affirmation, signed by officials
of each private school with participating
children or appropriate private school
representatives, that the required
consultation has occurred.
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(2) If the officials of the private
schools do not provide the affirmations
within a reasonable period of time, the
LEA must submit to the SEA
documentation that the required
consultation occurred.
(f) An official of a private school has
the right to complain to the SEA that the
LEA did not—
(1) Engage in timely and meaningful
consultation; or
(2) Consider the views of the official
of the private school.
(Authority: 20 U.S.C. 6320(b))
■
56. Revise § 200.64 to read as follows:
§ 200.64 Factors for determining equitable
participation of private school children.
(a) Equal expenditures. (1) Funds
expended by an LEA under subpart A of
this part for services for eligible private
school children in the aggregate must be
equal to the amount of funds generated
by private school children from lowincome families under paragraph (a)(2)
of this section.
(2) An LEA must meet this
requirement as follows:
(i)(A) If the LEA reserves funds under
§ 200.77 to provide instructional and
related activities for public elementary
or secondary school students at the
district level, the LEA must also provide
from those funds, as applicable,
equitable services to eligible private
school children.
(B) The amount of funds available to
provide equitable services from the
applicable reserved funds must be
proportionate to the number of private
school children from low-income
families residing in participating public
school attendance areas.
(ii) The LEA must reserve the funds
generated by private school children
under § 200.78 and, in consultation with
appropriate officials of the private
schools, may—
(A) Combine those amounts, along
with funds under paragraph (a)(2)(i) of
this section, if appropriate, to create a
pool of funds from which the LEA
provides equitable services to eligible
private school children, in the aggregate,
in greatest need of those services; or
(B) Provide equitable services to
eligible children in each private school
with the funds generated by children
from low-income families under
§ 200.78 who attend that private school.
(b) Services on an equitable basis. (1)
The services that an LEA provides to
eligible private school children must be
equitable in comparison to the services
and other benefits that the LEA provides
to public school children participating
under subpart A of this part.
(2) Services are equitable if the LEA—
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(i) Addresses and assesses the specific
needs and educational progress of
eligible private school children on a
comparable basis as public school
children;
(ii) Meets the equal expenditure
requirements under paragraph (a) of
section; and
(iii) Provides private school children
with an opportunity to participate
that—
(A) Is equitable to the opportunity
provided to public school children; and
(B) Provides reasonable promise of the
private school children achieving the
high levels called for by the State’s
student academic achievement
standards or equivalent standards
applicable to the private school
children.
(3)(i) The LEA may provide services
to eligible private school children either
directly or through arrangements with
another LEA or a third-party provider.
(ii) If the LEA contracts with a thirdparty provider—
(A) The provider must be
independent of the private school and of
any religious organization; and
(B) The contract must be under the
control and supervision of the LEA.
(4) After timely and meaningful
consultation under § 200.63, the LEA
must make the final decisions with
respect to the services it will provide to
eligible private school children.
(Authority: 20 U.S.C. 6320)
■
57. Revise § 200.65 to read as follows:
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§ 200.65 Determining equitable
participation of teachers and families of
participating private school children.
(a)(1) From applicable funds reserved
for parent involvement and professional
development under § 200.77, an LEA
shall ensure that teachers and families
of participating private school children
participate on an equitable basis in
professional development and parent
involvement activities, respectively.
(2) The amount of funds available to
provide equitable services from the
applicable reserved funds must be
proportionate to the number of private
school children from low-income
families residing in participating public
school attendance areas.
(b) After consultation with
appropriate officials of the private
schools, the LEA must conduct
professional development and parent
involvement activities for the teachers
and families of participating private
school children either—
(1) In conjunction with the LEA’s
professional development and parent
involvement activities; or
(2) Independently.
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(c) Private school teachers are not
covered by the requirements in § 200.56.
§ 200.70 Allocation of funds to LEAs in
general.
(Authority: 20 U.S.C. 6320(a))
(a) The Secretary allocates basic
grants, concentration grants, targeted
grants, and education finance incentive
grants, through SEAs, to each eligible
LEA for which the Bureau of the Census
has provided data on the number of
children from low-income families
residing in the school attendance areas
of the LEA (hereinafter referred to as the
‘‘Census list’’).
(b) In establishing eligibility and
allocating funds under paragraph (a) of
this section, the Secretary counts
children ages 5 to 17, inclusive
(hereinafter referred to as ‘‘formula
children’’)—
(1) From families below the poverty
level based on the most recent
satisfactory data available from the
Bureau of the Census;
(2) From families above the poverty
level receiving assistance under the
Temporary Assistance for Needy
Families program under Title IV of the
Social Security Act;
(3) Being supported in foster homes
with public funds; and
(4) Residing in local institutions for
neglected children.
(c) Except as provided in §§ 200.72,
200.75, and 200.100, an SEA may not
change the Secretary’s allocation to any
LEA that serves an area with a total
census population of at least 20,000
persons.
(d) In accordance with § 200.74, an
SEA may use an alternative method,
approved by the Secretary, to distribute
the State’s share of basic grants,
concentration grants, targeted grants,
and education finance incentive grants
to LEAs that serve an area with a total
census population of less than 20,000
persons.
■
58. Revise § 200.66 to read as follows:
§ 200.66 Requirements to ensure that
funds do not benefit a private school.
(a) An LEA must use funds under
subpart A of this part to provide
services that supplement, and in no case
supplant, the services that would, in the
absence of Title I services, be available
to participating private school children.
(b)(1) The LEA must use funds under
subpart A of this part to meet the special
educational needs of participating
private school children.
(2) The LEA may not use funds under
subpart A of this part for—
(i) The needs of the private school; or
(ii) The general needs of children in
the private school.
(Authority: 20 U.S.C. 6320(a), 6321(b))
■
59. Revise § 200.67 to read as follows:
§ 200.67 Requirements concerning
property, equipment, and supplies for the
benefit of private school children.
(a) The LEA must keep title to and
exercise continuing administrative
control of all property, equipment, and
supplies that the LEA acquires with
funds under subpart A of this part for
the benefit of eligible private school
children.
(b) The LEA may place equipment
and supplies in a private school for the
period of time needed for the program.
(c) The LEA must ensure that the
equipment and supplies placed in a
private school—
(1) Are used only for Title I purposes;
and
(2) Can be removed from the private
school without remodeling the private
school facility.
(d) The LEA must remove equipment
and supplies from a private school if—
(1) The LEA no longer needs the
equipment and supplies to provide Title
I services; or
(2) Removal is necessary to avoid
unauthorized use of the equipment or
supplies for other than Title I purposes.
(e) The LEA may not use funds under
subpart A of this part for repairs, minor
remodeling, or construction of private
school facilities.
§ 200.68
■
[Removed and Reserved]
60. Remove and reserve § 200.68.
§ 200.69
[Amended]
61. Revise the undesignated center
heading following reserved § 200.69 to
read as follows:
■
Allocations to LEAs
■
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62. Revise § 200.70 to read as follows:
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(Authority: 20 U.S.C. 6333–6337)
■
63. Revise § 200.71 to read as follows:
§ 200.71
LEA eligibility.
(a) Basic grants. An LEA is eligible for
a basic grant if the number of formula
children is—
(1) At least 10; and
(2) Greater than two percent of the
LEA’s total population ages 5 to 17
years, inclusive.
(b) Concentration grants. An LEA is
eligible for a concentration grant if—
(1) The LEA is eligible for a basic
grant under paragraph (a) of this section;
and
(2) The number of formula children
exceeds—
(i) 6,500; or
(ii) 15 percent of the LEA’s total
population ages 5 to 17 years, inclusive.
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(c) Targeted grants. An LEA is eligible
for a targeted grant if the number of
formula children is—
(1) At least 10; and
(2) At least five percent of the LEA’s
total population ages 5 to 17 years,
inclusive.
(d) Education finance incentive
grants. An LEA is eligible for an
education finance incentive grant if the
number of formula children is—
(1) At least 10; and
(2) At least five percent of the LEA’s
total population ages 5 to 17 years,
inclusive.
(Authority: 20 U.S.C. 6333–6337)
§ 200.71
[Amended]
64. Remove the undesignated center
heading ‘‘Fiscal Requirements’’
following § 200.71.
■
■
65. Add § 200.72 to read as follows:
§ 200.72 Procedures for adjusting
allocations determined by the Secretary to
account for eligible LEAs not on the Census
list.
(a) General. For each LEA not on the
Census list (hereinafter referred to as a
‘‘new’’ LEA), an SEA must determine
the number of formula children and the
number of children ages 5 to 17,
inclusive, in that LEA.
(b) Determining LEA eligibility. An
SEA must determine basic grant,
concentration grant, targeted grant, and
education finance incentive grant
eligibility for each new LEA and redetermine eligibility for the LEAs on the
Census list, as appropriate, based on the
number of formula children and
children ages 5 to 17, inclusive,
determined in paragraph (a) of this
section.
(c) Adjusting LEA allocations. An SEA
must adjust the LEA allocations
calculated by the Secretary to determine
allocations for eligible new LEAs based
on the number of formula children
determined in paragraph (a) of this
section.
95
90
85
(Authority: 20 U.S.C. 6333–6337)
■
(b) Targeted grants and education
finance incentive grants. The number of
formula children used to determine the
hold-harmless percentage is the number
before applying the weights described in
section 1125 and section 1125A of the
ESEA.
(c) Adjustment for insufficient funds.
If the amounts made available to the
State are insufficient to pay the full
amount that each LEA is eligible to
receive under paragraph (a)(4) of this
section, the SEA must ratably reduce the
allocations for all LEAs in the State to
the amount available.
(d) Eligibility for hold-harmless
protection. (1) An LEA must meet the
eligibility requirements for a basic grant,
targeted grant, or education finance
incentive grant under § 200.71 in order
for the applicable hold-harmless
provision to apply.
(2) An LEA not meeting the eligibility
requirements for a concentration grant
under § 200.71 must be paid its holdharmless amount for four consecutive
years.
(Authority: 20 U.S.C. 6332(c))
■
67. Add § 200.74 to read as follows:
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(a) General. (1) Except as authorized
under paragraph (c) of this section and
§ 200.100(d)(2), an SEA may not reduce
the allocation of an eligible LEA below
the hold-harmless amounts established
under paragraph (a)(4) of this section.
(2) The hold-harmless protection
limits the maximum reduction of an
LEA’s allocation compared to the LEA’s
allocation for the preceding year.
(3) Except as provided in § 200.100(d),
an SEA must apply the hold-harmless
requirement separately for basic grants,
concentration grants, targeted grants,
and education finance incentive grants
as described in paragraph (a)(4) of this
section.
(4) Under section 1122(c) of the ESEA,
the hold-harmless percentage varies
based on the LEA’s proportion of
formula children, as shown in the
following table:
Applicable grant formulas
Basic Grants, Concentration Grants, Targeted Grants, and
Education Finance Incentive Grants.
§ 200.74 Use of an alternative method to
distribute grants to LEAs with fewer than
20,000 residents.
(a) For eligible LEAs serving an area
with a total census population of less
than 20,000 persons (hereinafter
referred to as ‘‘small LEAs’’), an SEA
may apply to the Secretary to use an
alternative method to distribute basic
grant, concentration grant, targeted
grant, and education finance incentive
grant funds.
(b) In its application, the SEA must—
(1) Identify the alternative data it
proposes to use; and
(2) Assure that it has established a
procedure through which a small LEA
that is dissatisfied with the
determination of its grant may appeal
directly to the Secretary.
(c) The SEA must base its alternative
method on population data that best
reflect the current distribution of
children from low-income families
among the State’s small LEAs and use
the same poverty measure consistently
for small LEAs across the State for all
Title I, part A programs.
(d) Based on the alternative poverty
data selected, the SEA must—
(1) Re-determine eligibility of its
small LEAs for basic grants,
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66. Revise § 200.73 to read as follows:
§ 200.73 Applicable hold-harmless
provisions.
Hold-harmless
percentage
(i) 30% or more ...........................................................................
(ii) 15% or more but less than 30% ............................................
(iii) Less than 15% ......................................................................
asabaliauskas on DSKBBXCHB2PROD with RULES
LEA’s number of formula children ages 5 to 17, inclusive, as a
percentage of its total population of children ages 5 to 17,
inclusive
31711
concentration grants, targeted grants,
and education finance incentive grants
in accordance with § 200.71;
(2) Calculate allocations for small
LEAs in accordance with the provisions
of sections 1124, 1124A, 1125, and
1125A of the ESEA, as applicable; and
(3) Ensure that each LEA receives the
hold-harmless amount to which it is
entitled under § 200.73.
(e) The amount of funds available for
redistribution under each formula is the
separate amount determined by the
Secretary under sections 1124, 1124A,
1125, and 1125A of the ESEA for
eligible small LEAs after the SEA has
made the adjustments required under
§ 200.72(c).
(f) If the amount available for
redistribution to small LEAs under an
alternative method is not sufficient to
satisfy applicable hold-harmless
requirements, the SEA must ratably
reduce all eligible small LEAs to the
amount available.
(Authority: 20 U.S.C. 6333–6337)
■
68. Add § 200.75 to read as follows:
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§ 200.75 Special procedures for allocating
concentration grant funds in small States.
(a) In a State in which the number of
formula children is less than 0.25
percent of the national total on January
8, 2002 (hereinafter referred to as a
‘‘small State’’), an SEA may either—
(1) Allocate concentration grants
among eligible LEAs in the State in
accordance with §§ 200.72 through
200.74, as applicable; or
(2) Without regard to the allocations
determined by the Secretary—
(i) Identify those LEAs in which the
number or percentage of formula
children exceeds the statewide average
number or percentage of those children;
and
(ii) Allocate concentration grant
funds, consistent with § 200.73, among
the LEAs identified in paragraph
(a)(2)(i) of this section based on the
number of formula children in each of
those LEAs.
(b) If the SEA in a small State uses an
alternative method under § 200.74, the
SEA must use the poverty data
approved under the alternative method
to identify those LEAs with numbers or
percentages of formula children that
exceed the statewide average number or
percentage of those children for the
State as a whole.
(Authority: 20 U.S.C. 6334(b))
■
69. Add § 200.77 to read as follows:
asabaliauskas on DSKBBXCHB2PROD with RULES
§ 200.77
Reservation of funds by an LEA.
Before allocating funds in accordance
with § 200.78, an LEA must reserve
funds as are reasonable and necessary
to—
(a) Provide services comparable to
those provided to children in
participating school attendance areas
and schools to serve—
(1) Homeless children who do not
attend participating schools, including
providing educationally related support
services to children in shelters and
other locations where homeless children
may live;
(2) Children in local institutions for
neglected children; and
(3) If appropriate—
(i) Children in local institutions for
delinquent children; and
(ii) Neglected and delinquent children
in community-day school programs;
(b) Provide, where appropriate under
section 1113(c)(4) of the ESEA, financial
incentives and rewards to teachers who
serve students in Title I schools
identified for school improvement,
corrective action, and restructuring for
the purpose of attracting and retaining
qualified and effective teachers;
(c) Meet the requirements for choicerelated transportation and supplemental
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educational services in § 200.48, unless
the LEA meets these requirements with
non-Title I funds;
(d) Address the professional
development needs of instructional
staff, including—
(1) Professional development
requirements under § 200.52(a)(3)(iii) if
the LEA has been identified for
improvement or corrective action; and
(2) Professional development
expenditure requirements under
§ 200.60;
(e) Meet the requirements for parental
involvement in section 1118(a)(3) of the
ESEA;
(f) Administer programs for public
and private school children under this
part, including special capital expenses,
if any, incurred in providing services to
eligible private school children, such
as—
(1) The purchase and lease of real and
personal property (including mobile
educational units and neutral sites);
(2) Insurance and maintenance costs;
(3) Transportation; and
(4) Other comparable goods and
services, including non-instructional
computer technicians; and
(g) Conduct other authorized
activities, such as school improvement
and coordinated services.
(Authority: 20 U.S.C. 6313(c)(3) and (4),
6316(b)(10), (c)(7)(iii), 6318(a)(3), 6319(l),
6320, 7279d)
■
70. Add § 200.78 to read as follows:
§ 200.78 Allocation of funds to school
attendance areas and schools.
(a)(1) An LEA must allocate funds
under subpart A of this part to school
attendance areas and schools, identified
as eligible and selected to participate
under section 1113(a) or (b) of the
ESEA, in rank order on the basis of the
total number of children from lowincome families in each area or school.
(2)(i) In calculating the total number
of children from low-income families,
the LEA must include children from
low-income families who attend private
schools.
(ii) To obtain a count of private school
children, the LEA may—
(A) Use the same poverty data the
LEA uses to count public school
children;
(B)(1) Use comparable poverty data
from a survey of families of private
school students that, to the extent
possible, protects the families’ identity;
and
(2) Extrapolate data from the survey
based on a representative sample if
complete actual data are unavailable;
(C) Use comparable poverty data from
a different source, such as scholarship
applications;
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(D) Apply the low-income percentage
of each participating public school
attendance area to the number of private
school children who reside in that
school attendance area; or
(E) Use an equated measure of low
income correlated with the measure of
low income used to count public school
children.
(iii) An LEA may count private school
children from low-income families
every year or every two years.
(iv) After timely and meaningful
consultation in accordance with
§ 200.63, the LEA shall have the final
authority in determining the method
used to calculate the number of private
school children from low-income
families;
(3) If an LEA ranks its school
attendance areas and schools by grade
span groupings, the LEA may determine
the percentage of children from lowincome families in the LEA as a whole
or for each grade span grouping.
(b)(1) Except as provided in
paragraphs (b)(2) and (d) of this section,
an LEA must allocate to each
participating school attendance area or
school an amount for each low-income
child that is at least 125 percent of the
per-pupil amount of funds the LEA
received for that year under part A,
subpart 2 of Title I. The LEA must
calculate this per-pupil amount before it
reserves funds under § 200.77, using the
poverty measure selected by the LEA
under section 1113(a)(5) of the ESEA.
(2) If an LEA is serving only school
attendance areas or schools in which the
percentage of children from low-income
families is 35 percent or more, the LEA
is not required to allocate a per-pupil
amount of at least 125 percent.
(c) An LEA is not required to allocate
the same per-pupil amount to each
participating school attendance area or
school provided the LEA allocates
higher per-pupil amounts to areas or
schools with higher concentrations of
poverty than to areas or schools with
lower concentrations of poverty.
(d) An LEA may reduce the amount of
funds allocated under this section to a
school attendance area or school if the
area or school is spending supplemental
State or local funds for programs that
meet the requirements in § 200.79(b).
(e) If an LEA contains two or more
counties in their entirety, the LEA must
distribute to schools within each county
a share of the LEA’s total grant that is
no less than the county’s share of the
child count used to calculate the LEA’s
grant.
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§ 200.78
[Amended]
71. Add an undesignated center
heading ‘‘Fiscal Requirements’’
following § 200.78.
■
■
72. Add § 200.79 to read as follows:
§ 200.79 Exclusion of supplemental State
and local funds from supplement, not
supplant and comparability determinations.
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(a) For the purpose of determining
compliance with the supplement not
supplant requirement in section
1120A(b) and the comparability
requirement in section 1120A(c) of the
ESEA, a grantee or subgrantee under
subpart A of this part may exclude
supplemental State and local funds
spent in any school attendance area or
school for programs that meet the intent
and purposes of Title I.
(b) A program meets the intent and
purposes of Title I if the program
either—
(1)(i) Is implemented in a school in
which the percentage of children from
low-income families is at least 40
percent;
(ii) Is designed to promote schoolwide
reform and upgrade the entire
educational operation of the school to
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support students in their achievement
toward meeting the State’s challenging
academic achievement standards that all
students are expected to meet;
(iii) Is designed to meet the
educational needs of all students in the
school, particularly the needs of
students who are failing, or most at risk
of failing, to meet the State’s challenging
student academic achievement
standards; and
(iv) Uses the State’s assessment
system under § 200.2 to review the
effectiveness of the program; or
(2)(i) Serves only students who are
failing, or most at risk of failing, to meet
the State’s challenging student academic
achievement standards;
(ii) Provides supplementary services
designed to meet the special educational
needs of the students who are
participating in the program to support
their achievement toward meeting the
State’s student academic achievement
standards; and
(iii) Uses the State’s assessment
system under § 200.2 to review the
effectiveness of the program.
(c) The conditions in paragraph (b) of
this section also apply to supplemental
State and local funds expended under
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31713
section 1113(b)(1)(D) and 1113(c)(2)(B)
of the ESEA.
(Authority: 20 U.S.C. 6321(b)–(d))
PART 299—GENERAL PROVISIONS
73. The authority citation for part 299
is revised to read as follows:
■
Authority: 20 U.S.C. 1221e–3(a)(1),
6511(a), and 7373(b), unless otherwise noted.
74. In § 299.1 revise paragraph (a) to
read as follows:
■
§ 299.1 What are the purpose and scope of
these regulations?
(a) This part establishes uniform
administrative rules for programs in
titles I through XIII of the Elementary
and Secondary Education Act of 1965,
as amended (ESEA). As indicated in
particular sections of this part, certain
provisions apply only to a specific
group of programs.
*
*
*
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Subpart G—[Removed]
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75. Remove subpart G.
[FR Doc. 2017–12126 Filed 7–6–17; 8:45 am]
BILLING CODE 4000–01–P
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Agencies
[Federal Register Volume 82, Number 129 (Friday, July 7, 2017)]
[Rules and Regulations]
[Pages 31690-31713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12126]
[[Page 31689]]
Vol. 82
Friday,
No. 129
July 7, 2017
Part II
Department of Education
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34 CFR Parts 200 and 299
Elementary and Secondary Education Act of 1965, as Amended by the Every
Student Succeeds Act--Accountability and State Plans; Final Rule
Federal Register / Vol. 82 , No. 129 / Friday, July 7, 2017 / Rules
and Regulations
[[Page 31690]]
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DEPARTMENT OF EDUCATION
34 CFR Parts 200 and 299
[Docket ID ED-2016-OESE-0032]
RIN 1810-AB27
Elementary and Secondary Education Act of 1965, as Amended by the
Every Student Succeeds Act--Accountability and State Plans
AGENCY: Office of Elementary and Secondary Education, Department of
Education.
ACTION: Final regulations; CRA revocation.
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SUMMARY: Under the Congressional Review Act, Congress has passed, and
the President has signed, a resolution of disapproval of the
accountability and State plans final regulations that were published on
November 29, 2016. Because the resolution of disapproval invalidates
these final regulations, the Department of Education (Department) is
hereby removing these final regulations from the Code of Federal
Regulations.
DATES: This action is effective July 7, 2017.
FOR FURTHER INFORMATION CONTACT: Melissa Siry, U.S. Department of
Education, 400 Maryland Avenue SW., Room 3W104, Washington, DC 20202.
Telephone: (202) 260-0926 or by email: Melissa.Siry@ed.gov.
If you use a telecommunications device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.
SUPPLEMENTARY INFORMATION: On November 29, 2016, the Department
published the accountability and State plans final regulations (81 FR
86076). The regulations were effective on March 21, 2017. On March 27,
2017, President Trump signed into law Congress' resolution of
disapproval of the accountability and State plans final regulations
under the Congressional Review Act as Public Law 115-13. Section 801(f)
of the Congressional Review Act states that ``[a]ny rule that takes
effect and later is made of no force or effect by enactment of a joint
resolution under section 802 shall be treated as though such rule had
never taken effect.'' Accordingly, the Department is hereby removing
the accountability and State plans final regulations from the Code of
Federal Regulations, and ensuring the CFR is returned to the state it
would have been if this ``rule had never taken effect.'' Consistent
with Executive Order 13777, the Department is evaluating all existing
regulations and making recommendations to the agency head regarding
their repeal, replacement, or modification, consistent with applicable
law. As part of that effort, we will review the regulations in parts
200 and 299.
List of Subjects
34 CFR Part 200
Elementary and secondary education, Grant programs--education,
Indians--education, Infants and children, Juvenile delinquency, Migrant
labor, Private schools, Reporting and recordkeeping requirements.
34 CFR Part 299
Administrative practice and procedure, Elementary and secondary
education, Grant programs--education, Private schools, Reporting and
recordkeeping requirements.
Dated: June 7, 2017.
Betsy DeVos,
Secretary of Education.
Amendment to 34 CFR Chapter II
For the reasons discussed in the preamble, and under the authority
of the Congressional Review Act (5 U.S.C. 801 et seq.) and Public Law
115-13 (March 27, 2017), the Secretary of Education amends parts 200
and 299 of title 34 of the Code of Federal Regulations as follows:
PART 200--TITLE I--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE
DISADVANTAGED
0
1. The authority citation for part 200 is revised to read as follows:
Authority: 20 U.S.C. 6301 through 6578, unless otherwise noted.
0
2. Section 200.7 is added to read as follows:
Sec. 200.7 Disaggregation of data.
(a) Statistically reliable information. (1) A State may not use
disaggregated data for one or more subgroups under Sec. 200.2(b)(10)
to report achievement results under section 1111(h) of the Act or to
identify schools in need of improvement, corrective action, or
restructuring under section 1116 of the Act if the number of students
in those subgroups is insufficient to yield statistically reliable
information.
(2)(i) Based on sound statistical methodology, each State must
determine the minimum number of students sufficient to--
(A) Yield statistically reliable information for each purpose for
which disaggregated data are used; and
(B) Ensure that, to the maximum extent practicable, all student
subgroups in Sec. 200.13(b)(7)(ii) (economically disadvantaged
students; students from major racial and ethnic groups; students with
disabilities as defined in section 9101(5) of the Act; and students
with limited English proficiency as defined in section 9101(25) of the
Act) are included, particularly at the school level, for purposes of
making accountability determinations.
(ii) Each State must revise its Consolidated State Application
Accountability Workbook under section 1111 of the Act to include--
(A) An explanation of how the State's minimum group size meets the
requirements of paragraph (a)(2)(i) of this section;
(B) An explanation of how other components of the State's
definition of adequate yearly progress (AYP), in addition to the
State's minimum group size, interact to affect the statistical
reliability of the data and to ensure the maximum inclusion of all
students and student subgroups in Sec. 200.13(b)(7)(ii); and
(C) Information regarding the number and percentage of students and
student subgroups in Sec. 200.13(b)(7)(ii) excluded from school-level
accountability determinations.
(iii) Each State must submit a revised Consolidated State
Application Accountability Workbook in accordance with paragraph
(a)(2)(ii) of this section to the Department for technical assistance
and peer review under the process established by the Secretary under
section 1111(e)(2) of the Act in time for any changes to be in effect
for AYP determinations based on school year 2009-2010 assessment
results.
(iv) Beginning with AYP decisions that are based on the assessments
administered in the 2007-08 school year, a State may not establish a
different minimum number of students under paragraph (a)(2)(i) of this
section for separate subgroups under Sec. 200.13(b)(7)(ii) or for the
school as a whole.
(b) Personally identifiable information. (1) A State may not use
disaggregated data for one or more subgroups under Sec. 200.2(b)(10)
to report achievement results under section 1111(h) of the Act if the
results would reveal personally identifiable information about an
individual student.
(2) To determine whether disaggregated results would reveal
personally identifiable information about an individual student, a
State must apply the requirements under section 444(b) of the General
Education
[[Page 31691]]
Provisions Act (the Family Educational Rights and Privacy Act of 1974).
(3) Nothing in paragraph (b)(1) or (b)(2) of this section shall be
construed to abrogate the responsibility of States to implement the
requirements of section 1116(a) of the Act for determining whether
States, LEAs, and schools are making AYP on the basis of the
performance of each subgroup under section 1111(b)(2)(C)(v) of the Act.
(4) Each State shall include in its State plan, and each State and
LEA shall implement, appropriate strategies to protect the privacy of
individual students in reporting achievement results under section
1111(h) of the Act and in determining whether schools and LEAs are
making AYP on the basis of disaggregated subgroups.
(c) Inclusion of subgroups in assessments. If a subgroup under
Sec. 200.2(b)(10) is not of sufficient size to produce statistically
reliable results, the State must still include students in that
subgroup in its State assessments under Sec. 200.2.
(d) Disaggregation at the LEA and State. If the number of students
in a subgroup is not statistically reliable at the school level, the
State must include those students in disaggregations at each level for
which the number of students is statistically reliable--e.g., the LEA
or State level.
(Authority: 20 U.S.C. 6311(b)(3); 1232g)
0
3. Section 200.12 is revised to read as follows:
Sec. 200.12 Single statewide accountability system.
(a)(1) Each State must demonstrate in its State plan that the State
has developed and is implementing, beginning with the 2002-2003 school
year, a single, statewide accountability system.
(2) The State's accountability system must be effective in ensuring
that all public elementary and secondary schools and LEAs in the State
make AYP as defined in Sec. Sec. 200.13 through 200.20.
(b) The State's accountability system must--
(1) Be based on the State's academic standards under Sec. 200.1,
academic assessments under Sec. 200.2, and other academic indicators
under Sec. 200.19;
(2) Take into account the achievement of all public elementary and
secondary school students;
(3) Be the same accountability system the State uses for all public
elementary and secondary schools and all LEAs in the State; and
(4) Include sanctions and rewards that the State will use to hold
public elementary and secondary schools and LEAs accountable for
student achievement and for making AYP, except that the State is not
required to subject schools and LEAs not participating under subpart A
of this part to the requirements of section 1116 of the ESEA.
(Authority: 20 U.S.C. 6311(b)(2)(A))
Sec. 200.12 [Amended]
0
4. Add an undesignated center heading ``Adequate Yearly Progress
(AYP)'' following Sec. 200.12.
0
5. Section 200.13 is revised to read as follows:
Sec. 200.13 Adequate yearly progress in general.
(a) Each State must demonstrate in its State plan what constitutes
AYP of the State and of all public schools and LEAs in the State--
(1) Toward enabling all public school students to meet the State's
student academic achievement standards; while
(2) Working toward the goal of narrowing the achievement gaps in
the State, its LEAs, and its public schools.
(b) A State must define adequate yearly progress, in accordance
with Sec. Sec. 200.14 through 200.20, in a manner that--
(1) Applies the same high standards of academic achievement to all
public school students in the State, except as provided in paragraph
(c) of this section;
(2) Is statistically valid and reliable;
(3) Results in continuous and substantial academic improvement for
all students;
(4) Measures the progress of all public schools, LEAs, and the
State based primarily on the State's academic assessment system under
Sec. 200.2;
(5) Measures progress separately for reading/language arts and for
mathematics;
(6) Is the same for all public schools and LEAs in the State; and
(7) Consistent with Sec. 200.7, applies the same annual measurable
objectives under Sec. 200.18 separately to each of the following:
(i) All public school students.
(ii) Students in each of the following subgroups:
(A) Economically disadvantaged students.
(B) Students from major racial and ethnic groups.
(C) Students with disabilities, as defined in section 9101(5) of
the ESEA.
(D) Students with limited English proficiency, as defined in
section 9101(25) of the ESEA.
(c)(1) In calculating AYP for schools, LEAs, and the State, a State
must, consistent with Sec. 200.7(a), include the scores of all
students with disabilities.
(2) A State may include the proficient and advanced scores of
students with the most significant cognitive disabilities based on the
alternate academic achievement standards described in Sec. 200.1(d),
provided that the number of those scores at the LEA and at the State
levels, separately, does not exceed 1.0 percent of all students in the
grades assessed in reading/language arts and in mathematics.
(3) A State may not request from the Secretary an exception
permitting it to exceed the cap on proficient and advanced scores based
on alternate academic achievement standards under paragraph (c)(2) of
this section.
(4)(i) A State may grant an exception to an LEA permitting it to
exceed the 1.0 percent cap on proficient and advanced scores based on
the alternate academic achievement standards described in paragraph
(c)(2) of this section only if--
(A) The LEA demonstrates that the incidence of students with the
most significant cognitive disabilities exceeds 1.0 percent of all
students in the combined grades assessed;
(B) The LEA explains why the incidence of such students exceeds 1.0
percent of all students in the combined grades assessed, such as
school, community, or health programs in the LEA that have drawn large
numbers of families of students with the most significant cognitive
disabilities, or that the LEA has such a small overall student
population that it would take only a few students with such
disabilities to exceed the 1.0 percent cap; and
(C) The LEA documents that it is implementing the State's
guidelines under Sec. 200.1(f).
(ii) The State must review regularly whether an LEA's exception to
the 1.0 percent cap is still warranted.
(5) In calculating AYP, if the percentage of proficient and
advanced scores based on alternate academic achievement standards under
Sec. 200.1(d) exceeds the cap in paragraph (c)(2) of this section at
the State or LEA level, the State must do the following:
(i) Consistent with Sec. 200.7(a), include all scores based on
alternate academic achievement standards.
(ii) Count as non-proficient the proficient and advanced scores
that exceed the cap in paragraph (c)(2) of this section.
(iii) Determine which proficient and advanced scores to count as
non-proficient in schools and LEAs responsible for students who are
assessed based on alternate academic achievement standards.
[[Page 31692]]
(iv) Include non-proficient scores that exceed the cap in paragraph
(c)(2) of this section in each applicable subgroup at the school, LEA,
and State level.
(v) Ensure that parents of a child who is assessed based on
alternate academic achievement standards are informed of the actual
academic achievement levels of their child.
(d) The State must establish a way to hold accountable schools in
which no grade level is assessed under the State's academic assessment
system (e.g., K-2 schools), although the State is not required to
administer a formal assessment to meet this requirement.
(Authority: 20 U.S.C. 6311(b)(2))
0
6. Section 200.14 is revised to read as follows:
Sec. 200.14 Components of Adequate Yearly Progress.
A State's definition of AYP must include all of the following:
(a) A timeline in accordance with Sec. 200.15.
(b) Starting points in accordance with Sec. 200.16.
(c) Intermediate goals in accordance with Sec. 200.17.
(d) Annual measurable objectives in accordance with Sec. 200.18.
(e) Other academic indicators in accordance with Sec. 200.19.
(Authority: 20 U.S.C. 6311(b)(2))
0
7. Section 200.15 is revised to read as follows:
Sec. 200.15 Timeline.
(a) Each State must establish a timeline for making AYP that
ensures that, not later than the 2013-2014 school year, all students in
each group described in Sec. 200.13(b)(7) will meet or exceed the
State's proficient level of academic achievement.
(b) Notwithstanding subsequent changes a State may make to its
academic assessment system or its definition of AYP under Sec. Sec.
200.13 through 200.20, the State may not extend its timeline for all
students to reach proficiency beyond the 2013-2014 school year.
(Authority: 20 U.S.C. 6311(b)(2))
0
8. Section 200.16 is revised to read as follows:
Sec. 200.16 Starting points.
(a) Using data from the 2001-2002 school year, each State must
establish starting points in reading/language arts and in mathematics
for measuring the percentage of students meeting or exceeding the
State's proficient level of academic achievement.
(b) Each starting point must be based, at a minimum, on the higher
of the following percentages of students at the proficient level:
(1) The percentage in the State of proficient students in the
lowest-achieving subgroup of students under Sec. 200.13(b)(7)(ii).
(2) The percentage of proficient students in the school that
represents 20 percent of the State's total enrollment among all schools
ranked by the percentage of students at the proficient level. The State
must determine this percentage as follows:
(i) Rank each school in the State according to the percentage of
proficient students in the school.
(ii) Determine 20 percent of the total enrollment in all schools in
the State.
(iii) Beginning with the lowest-ranked school, add the number of
students enrolled in each school until reaching the school that
represents 20 percent of the State's total enrollment among all
schools.
(iv) Identify the percentage of proficient students in the school
identified in paragraph (b)(2)(iii) of this section.
(c)(1) Except as permitted under paragraph (c)(2) of this section,
each starting point must be the same throughout the State for each
school, each LEA, and each group of students under Sec. 200.13(b)(7).
(2) A State may use the procedures under paragraph (b) of this
section to establish separate starting points by grade span.
(Authority: 20 U.S.C. 6311(b)(2))
0
9. Section 200.17 is revised to read as follows:
Sec. 200.17 Intermediate goals.
Each State must establish intermediate goals that increase in equal
increments over the period covered by the timeline under Sec. 200.15
as follows:
(a) The first incremental increase must take effect not later than
the 2004-2005 school year.
(b) Each following incremental increase must occur in not more than
three years.
(Authority: 20 U.S.C. 6311(b)(2))
0
10. Section 200.18 is revised to read as follows:
Sec. 200.18 Annual measurable objectives.
(a) Each State must establish annual measurable objectives that--
(1) Identify for each year a minimum percentage of students that
must meet or exceed the proficient level of academic achievement on the
State's academic assessments; and
(2) Ensure that all students meet or exceed the State's proficient
level of academic achievement within the timeline under Sec. 200.15.
(b) The State's annual measurable objectives--
(1) Must be the same throughout the State for each school, each
LEA, and each group of students under Sec. 200.13(b)(7); and
(2) May be the same for more than one year, consistent with the
State's intermediate goals under Sec. 200.17.
(Authority: 20 U.S.C. 6311(b)(2))
0
11. Section 200.19 is revised to read as follows:
Sec. 200.19 Other academic indicators.
(a) Elementary and middle schools. (1) Choice of indicator. To
determine AYP, consistent with Sec. 200.14(e), each State must use at
least one other academic indicator for public elementary schools and at
least one other academic indicator for public middle schools, such as
those in paragraph (c) of this section.
(2) Goals. A State may, but is not required to, increase the goals
of its other academic indicators over the course of the timeline under
Sec. 200.15.
(3) Reporting. A State and its LEAs must report under section
1111(h) of the Act (annual report cards) performance on the academic
indicators for elementary and middle schools at the school, LEA, and
State levels in the aggregate and disaggregated by each subgroup
described in Sec. 200.13(b)(7)(ii).
(4) Determining AYP. A State--
(i) Must disaggregate its other academic indicators for elementary
and middle schools by each subgroup described in Sec. 200.13(b)(7)(ii)
for purposes of determining AYP under Sec. 200.20(b)(2) (``safe
harbor'') and as required under section 1111(b)(2)(C)(vii) of the Act
(additional academic indicators under paragraph (c) of this section);
but
(ii) Need not disaggregate those indicators for determining AYP
under Sec. 200.20(a)(1)(ii) (meeting the State's annual measurable
objectives).
(b) High schools--(1) Graduation rate. Consistent with paragraphs
(b)(4) and (b)(5) of this section regarding reporting and determining
AYP, respectively, each State must calculate a graduation rate, defined
as follows, for all public high schools in the State:
(i)(A) A State must calculate a ``four-year adjusted cohort
graduation rate,'' defined as the number of students who graduate in
four years with a regular high school diploma divided by the number of
students who form the adjusted cohort for that graduating class.
(B) For those high schools that start after grade nine, the cohort
must be calculated based on the earliest high school grade.
[[Page 31693]]
(ii) The term ``adjusted cohort'' means the students who enter
grade 9 (or the earliest high school grade) and any students who
transfer into the cohort in grades 9 through 12 minus any students
removed from the cohort.
(A) The term ``students who transfer into the cohort'' means the
students who enroll after the beginning of the entering cohort's first
year in high school, up to and including in grade 12.
(B) To remove a student from the cohort, a school or LEA must
confirm in writing that the student transferred out, emigrated to
another country, or is deceased.
(1) To confirm that a student transferred out, the school or LEA
must have official written documentation that the student enrolled in
another school or in an educational program that culminates in the
award of a regular high school diploma.
(2) A student who is retained in grade, enrolls in a General
Educational Development (GED) program, or leaves school for any other
reason may not be counted as having transferred out for the purpose of
calculating graduation rate and must remain in the adjusted cohort.
(iii) The term ``students who graduate in four years'' means
students who earn a regular high school diploma at the conclusion of
their fourth year, before the conclusion of their fourth year, or
during a summer session immediately following their fourth year.
(iv) The term ``regular high school diploma'' means the standard
high school diploma that is awarded to students in the State and that
is fully aligned with the State's academic content standards or a
higher diploma and does not include a GED credential, certificate of
attendance, or any alternative award.
(v) In addition to calculating a four-year adjusted cohort
graduation rate, a State may propose to the Secretary for approval an
``extended-year adjusted cohort graduation rate.''
(A) An extended-year adjusted cohort graduation rate is defined as
the number of students who graduate in four years or more with a
regular high school diploma divided by the number of students who form
the adjusted cohort for the four-year adjusted cohort graduation rate,
provided that the adjustments account for any students who transfer
into the cohort by the end of the year of graduation being considered
minus the number of students who transfer out, emigrate to another
country, or are deceased by the end of that year.
(B) A State may calculate one or more extended-year adjusted cohort
graduation rates.
(2) Transitional graduation rate. (i) Prior to the deadline in
paragraph (b)(4)(ii)(A) of this section, a State must calculate
graduation rate as defined in paragraph (b)(1) of this section or use,
on a transitional basis--
(A) A graduation rate that measures the percentage of students from
the beginning of high school who graduate with a regular high school
diploma in the standard number of years; or
(B) Another definition, developed by the State and approved by the
Secretary, that more accurately measures the rate of student graduation
from high school with a regular high school diploma.
(ii) For a transitional graduation rate calculated under paragraph
(b)(2)(i) of this section--
(A) ``Regular high school diploma'' has the same meaning as in
paragraph (b)(1)(iv) of this section;
(B) ``Standard number of years'' means four years unless a high
school begins after ninth grade, in which case the standard number of
years is the number of grades in the school; and
(C) A dropout may not be counted as a transfer.
(3) Goal and targets. (i) A State must set--
(A) A single graduation rate goal that represents the rate the
State expects all high schools in the State to meet; and
(B) Annual graduation rate targets that reflect continuous and
substantial improvement from the prior year toward meeting or exceeding
the graduation rate goal.
(ii) Beginning with AYP determinations under Sec. 200.20 based on
school year 2009-2010 assessment results, in order to make AYP, any
high school or LEA that serves grade 12 and the State must meet or
exceed--
(A) The graduation rate goal set by the State under paragraph
(b)(3)(i)(A) of this section; or
(B) The State's targets for continuous and substantial improvement
from the prior year, as set by the State under paragraph (b)(3)(i)(B)
of this section.
(4) Reporting. (i) In accordance with the deadlines in paragraph
(b)(4)(ii) of this section, a State and its LEAs must report under
section 1111(h) of the Act (annual report cards) graduation rate at the
school, LEA, and State levels in the aggregate and disaggregated by
each subgroup described in Sec. 200.13(b)(7)(ii).
(ii)(A) Beginning with report cards providing results of
assessments administered in the 2010-2011 school year, a State and its
LEAs must report the four-year adjusted cohort graduation rate
calculated in accordance with paragraph (b)(1)(i) through (iv) of this
section.
(B) If a State adopts an extended-year adjusted cohort graduation
rate calculated in accordance with paragraph (b)(1)(v) of this section,
the State and its LEAs must report, beginning with the first year for
which the State calculates such a rate, the extended-year adjusted
cohort graduation rate separately from the four-year adjusted cohort
graduation rate.
(C) Prior to the deadline in paragraph (b)(4)(ii)(A) of this
section, a State and its LEAs must report a graduation rate calculated
in accordance with paragraph (b)(1) or (b)(2) of this section in the
aggregate and disaggregated by the subgroups in Sec. 200.13(b)(7)(ii).
(5) Determining AYP. (i) Beginning with AYP determinations under
Sec. 200.20 based on school year 2011-2012 assessment results, a State
must calculate graduation rate under paragraph (b)(1) of this section
at the school, LEA, and State levels in the aggregate and disaggregated
by each subgroup described in Sec. 200.13(b)(7)(ii).
(ii) Prior to the AYP determinations described in paragraph
(b)(5)(i) of this section, a State must calculate graduation rate in
accordance with either paragraph (b)(1) or (b)(2) of this section--
(A) In the aggregate at the school, LEA, and State levels for
determining AYP under Sec. 200.20(a)(1)(ii) (meeting the State's
annual measurable objectives), except as provided in paragraph
(b)(7)(iii) of this section; but
(B) In the aggregate and disaggregated by each subgroup described
in Sec. 200.13(b)(7)(ii) for purposes of determining AYP under Sec.
200.20(b)(2) (``safe harbor'') and as required under section
1111(b)(2)(C)(vii) of the Act (additional academic indicators under
paragraph (c) of this section).
(6) Accountability workbook. (i) A State must revise its
Consolidated State Application Accountability Workbook submitted under
section 1111 of the Act to include the following:
(A) The State's graduation rate definition that the State will use
to determine AYP based on school year 2009-2010 assessment results.
(B) The State's progress toward meeting the deadline in paragraph
(b)(4)(ii)(A) of this section for calculating and reporting the four-
year adjusted cohort graduation rate defined in paragraph (b)(1)(i)
through (iv) of this section.
(C) The State's graduation rate goal and targets.
(D) An explanation of how the State's graduation rate goal
represents the rate the State expects all high schools in the State to
meet and how the State's targets demonstrate continuous and substantial
[[Page 31694]]
improvement from the prior year toward meeting or exceeding the goal.
(E) The graduation rate for the most recent school year of the high
school at the 10th percentile, the 50th percentile, and the 90th
percentile in the State (ranked in terms of graduation rate).
(F) If a State uses an extended-year adjusted cohort graduation
rate, a description of how it will use that rate with its four-year
adjusted cohort graduation rate to determine whether its schools and
LEAs have made AYP.
(ii) Each State must submit, consistent with the timeline in Sec.
200.7(a)(2)(iii), its revised Consolidated State Application
Accountability Workbook in accordance with paragraph (b)(6)(i) of this
section to the Department for technical assistance and peer review
under the process established by the Secretary under section 1111(e)(2)
of the Act.
(7) Extension. (i) If a State cannot meet the deadline in paragraph
(b)(4)(ii)(A) of this section, the State may request an extension of
the deadline from the Secretary.
(ii) To receive an extension, a State must submit to the Secretary,
by March 2, 2009--
(A) Evidence satisfactory to the Secretary demonstrating that the
State cannot meet the deadline in paragraph (b)(4)(ii)(A) of this
section; and
(B) A detailed plan and timeline addressing the steps the State
will take to implement, as expeditiously as possible, a graduation rate
consistent with paragraph (b)(1)(i) through (iv) of this section.
(iii) A State that receives an extension under this paragraph must,
beginning with AYP determinations under Sec. 200.20 based on school
year 2011-2012 assessment results, calculate graduation rate under
paragraph (b)(2) of this section at the school, LEA, and State levels
in the aggregate and disaggregated by each subgroup described in Sec.
200.13(b)(7)(ii).
(c) The State may include additional academic indicators determined
by the State, including, but not limited to, the following:
(1) Additional State or locally administered assessments not
included in the State assessment system under Sec. 200.2.
(2) Grade-to-grade retention rates.
(3) Attendance rates.
(4) Percentages of students completing gifted and talented,
advanced placement, and college preparatory courses.
(d) A State must ensure that its other academic indicators are--
(1) Valid and reliable;
(2) Consistent with relevant, nationally recognized professional
and technical standards, if any; and
(3) Consistent throughout the State within each grade span.
(e) Except as provided in Sec. 200.20(b)(2), a State--
(1) May not use the indicators in paragraphs (a) through (c) of
this section to reduce the number, or change the identity, of schools
that would otherwise be subject to school improvement, corrective
action, or restructuring if those indicators were not used; but
(2) May use the indicators to identify additional schools for
school improvement, corrective action, or restructuring.
(Authority: 20 U.S.C. 6311(b)(2), (h))
0
12. Section 200.20 is revised to read as follows:
Sec. 200.20 Making adequate yearly progress.
A school or LEA makes AYP if it complies with paragraph (c) and
with either paragraph (a) or (b) of this section separately in reading/
language arts and in mathematics.
(a)(1) A school or LEA makes AYP if, consistent with paragraph (f)
of this section--
(i) Each group of students under Sec. 200.13(b)(7) meets or
exceeds the State's annual measurable objectives under Sec. 200.18;
and
(ii) The school or LEA, respectively, meets or exceeds the State's
other academic indicators under Sec. 200.19.
(2) For a group under Sec. 200.13(b)(7) to be included in the
determination of AYP for a school or LEA, the number of students in the
group must be sufficient to yield statistically reliable information
under Sec. 200.7(a).
(b) If students in any group under Sec. 200.13(b)(7) in a school
or LEA do not meet the State's annual measurable objectives under Sec.
200.18, the school or LEA makes AYP if, consistent with paragraph (f)
of this section--
(1) The percentage of students in that group below the State's
proficient achievement level decreased by at least 10 percent from the
preceding year; and
(2) That group made progress on one or more of the State's academic
indicators under Sec. 200.19 or the LEA's academic indicators under
Sec. 200.30(c).
(c)(1) A school or LEA makes AYP if, consistent with paragraph (f)
of this section--
(i) Not less than 95 percent of the students enrolled in each group
under Sec. 200.13(b)(7) takes the State assessments under Sec. 200.2;
and
(ii) The group is of sufficient size to produce statistically
reliable results under Sec. 200.7(a).
(2) The requirement in paragraph (c)(1) of this section does not
authorize a State, LEA, or school to systematically exclude 5 percent
of the students in any group under Sec. 200.13(b)(7).
(3) To count a student who is assessed based on alternate academic
achievement standards described in Sec. 200.1(d) as a participant for
purposes of meeting the requirements of this paragraph, the State must
have, and ensure that its LEAs adhere to, guidelines that meet the
requirements of Sec. 200.1(f).
(d) For the purpose of determining whether a school or LEA has made
AYP, a State may establish a uniform procedure for averaging data that
includes one or more of the following:
(1) Averaging data across school years. (i) A State may average
data from the school year for which the determination is made with data
from one or two school years immediately preceding that school year.
(ii) If a State averages data across school years, the State must--
(A) Implement, on schedule, the assessments in reading/language
arts and mathematics in grades 3 through 8 and once in grades 10
through 12 required under Sec. 200.5(a)(2);
(B) Report data resulting from the assessments under Sec.
200.5(a)(2);
(C) Determine AYP under Sec. Sec. 200.13 through 200.20, although
the State may base that determination on data only from the reading/
language arts and mathematics assessments in the three grade spans
required under Sec. 200.5(a)(1); and
(D) Implement the requirements in section 1116 of the ESEA.
(iii) A State that averages data across years must determine AYP on
the basis of the assessments under Sec. 200.5(a)(2) as soon as it has
data from two or three years to average. Until that time, the State may
use data from the reading/language arts and mathematics assessments
required under Sec. 200.5(a)(1) to determine adequate yearly progress.
(2) Combining data across grades. Within each subject area and
subgroup, the State may combine data across grades in a school or LEA.
(e)(1) In determining the AYP of an LEA, a State must include all
students who were enrolled in schools in the LEA for a full academic
year, as defined by the State.
(2) In determining the AYP of a school, the State may not include
students who were not enrolled in that school for a full academic year,
as defined by the State.
(f)(1) In determining AYP for a school or LEA, a State may--
(i) Count recently arrived limited English proficient students as
having participated in the State assessments for
[[Page 31695]]
purposes of meeting the 95 percent participation requirement under
paragraph (c)(1)(i) of this section if they take--
(A) Either an assessment of English language proficiency under
Sec. 200.6(b)(3) or the State's reading/language arts assessment under
Sec. 200.2; and
(B) The State's mathematics assessment under Sec. 200.2; and
(ii) Choose not to include the scores of recently arrived limited
English proficient students on the mathematics assessment, the reading/
language arts assessment (if administered to these students), or both,
even if these students have been enrolled in the same school or LEA for
a full academic year as defined by the State.
(2)(i) In determining AYP for the subgroup of limited English
proficient students and the subgroup of students with disabilities, a
State may include, for up to two AYP determination cycles, the scores
of--
(A) Students who were limited English proficient but who no longer
meet the State's definition of limited English proficiency; and
(B) Students who were previously identified under section 602(3) of
the IDEA but who no longer receive special education services.
(ii) If a State, in determining AYP for the subgroup of limited
English proficient students and the subgroup of students with
disabilities, includes the scores of the students described in
paragraph (f)(2)(i) of this section, the State must include the scores
of all such students, but is not required to--
(A) Include those students in the limited English proficient
subgroup or in the students with disabilities subgroup in determining
if the number of limited English proficient students or students with
disabilities, respectively, is sufficient to yield statistically
reliable information under Sec. 200.7(a); or
(B) With respect to students who are no longer limited English
proficient--
(1) Assess those students' English language proficiency under Sec.
200.6(b)(3); or
(2) Provide English language services to those students.
(iii) For the purpose of reporting information on report cards
under section 1111(h) of the Act--
(A) A State may include the scores of former limited English
proficient students and former students with disabilities as part of
the limited English proficient and students with disabilities
subgroups, respectively, for the purpose of reporting AYP at the State
level under section 1111(h)(1)(C)(ii) of the Act;
(B) An LEA may include the scores of former limited English
proficient students and former students with disabilities as part of
the limited English proficient and students with disabilities
subgroups, respectively, for the purpose of reporting AYP at the LEA
and school levels under section 1111(h)(2)(B) of the Act; but
(C) A State or LEA may not include the scores of former limited
English proficient students or former students with disabilities as
part of the limited English proficient or students with disabilities
subgroup, respectively, in reporting any other information under
section 1111(h) of the Act.
(g) Student academic growth. (1) A State may request authority
under section 9401 of the Act to incorporate student academic growth in
the State's definition of AYP under this section.
(2) A State's policy for incorporating student academic growth in
the State's definition of AYP must--
(i) Set annual growth targets that--
(A) Will lead to all students, by school year 2013-2014, meeting or
exceeding the State's proficient level of academic achievement on the
State assessments under Sec. 200.2;
(B) Are based on meeting the State's proficient level of academic
achievement on the State assessments under Sec. 200.2 and are not
based on individual student background characteristics; and
(C) Measure student achievement separately in mathematics and
reading/language arts;
(ii) Ensure that all students enrolled in the grades tested under
Sec. 200.2 are included in the State's assessment and accountability
systems;
(iii) Hold all schools and LEAs accountable for the performance of
all students and the student subgroups described in Sec.
200.13(b)(7)(ii);
(iv) Be based on State assessments that--
(A) Produce comparable results from grade to grade and from year to
year in mathematics and reading/language arts;
(B) Have been in use by the State for more than one year; and
(C) Have received full approval from the Secretary before the State
determines AYP based on student academic growth;
(v) Track student progress through the State data system;
(vi) Include, as separate factors in determining whether schools
are making AYP for a particular year--
(A) The rate of student participation in assessments under Sec.
200.2; and
(B) Other academic indicators as described in Sec. 200.19; and
(vii) Describe how the State's annual growth targets fit into the
State's accountability system in a manner that ensures that the system
is coherent and that incorporating student academic growth into the
State's definition of AYP does not dilute accountability.
(3) A State's proposal to incorporate student academic growth in
the State's definition of AYP will be peer reviewed under the process
established by the Secretary under section 1111(e)(2) of the Act.
(Authority: 20 U.S.C. 6311(b)(2), (b)(3)(C)(xi); 7861)
0
13. Section 200.21 is revised to read as follows:
Sec. 200.21 Adequate yearly progress of a State.
For each State that receives funds under subpart A of this part and
under subpart 1 of part A of Title III of the ESEA, the Secretary must,
beginning with the 2004-2005 school year, annually review whether the
State has--
(a)(1) Made AYP as defined by the State in accordance with
Sec. Sec. 200.13 through 200.20 for each group of students in Sec.
200.13(b)(7); and
(2) Met its annual measurable achievement objectives under section
3122(a) of the ESEA relating to the development and attainment of
English proficiency by limited English proficient students.
(b) A State must include all students who were enrolled in schools
in the State for a full academic year in reporting on the yearly
progress of the State.
(Authority: 20 U.S.C. 7325)
0
14. Section 200.22 is revised to read as follows:
Sec. 200.22 National Technical Advisory Council.
(a) To provide advice to the Department on technical issues related
to the design and implementation of standards, assessments, and
accountability systems, the Secretary shall establish a National
Technical Advisory Council (hereafter referred to as the ``National
TAC''), which shall be governed by the provisions of the Federal
Advisory Committee Act (FACA) (Pub. L. 92-463, as amended; 5 U.S.C.
App.).
(b)(1) The members of the National TAC must include persons who
have knowledge of and expertise in the design and implementation of
educational standards, assessments, and accountability systems for all
students, including students with disabilities and limited English
proficient students, and experts with technical knowledge related to
statistics and psychometrics.
(2) The National TAC shall be composed of 10 to 20 members who
[[Page 31696]]
may meet as a whole or in committees, as the Secretary may determine.
(3) The Secretary shall, through a notice published in the Federal
Register--
(i) Solicit nominations from the public for members of the National
TAC; and
(ii) Publish the list of members, once selected.
(4) The Secretary shall screen nominees for membership on the
National TAC for potential conflicts of interest to prevent, to the
extent possible, such conflicts, or the appearance thereof, in the
National TAC's performance of its responsibilities under this section.
(c) The Secretary shall use the National TAC to provide its expert
opinions on matters that arise during the State Plan review process.
(d) The Secretary shall prescribe and publish the rules of
procedure for the National TAC.
(Authority: 20 U.S.C. 6311(e))
Sec. 200.23 [Removed and Reserved]
0
15. Remove and reserve Sec. 200.23.
Sec. 200.24 [Removed and Reserved]
0
16. Remove and reserve Sec. 200.24.
Sec. 200.29 [Amended]
0
17. Revise the undesignated center heading following Sec. 200.29 to
read as follows:
LEA and School Improvement
0
18. Section 200.30 is revised to read as follows:
Sec. 200.30 Local review.
(a) Each LEA receiving funds under subpart A of this part must use
the results of the State assessment system described in Sec. 200.2 to
review annually the progress of each school served under subpart A of
this part to determine whether the school is making AYP in accordance
with Sec. 200.20.
(b)(1) In reviewing the progress of an elementary or secondary
school operating a targeted assistance program, an LEA may choose to
review the progress of only the students in the school who are served,
or are eligible for services, under subpart A of this part.
(2) The LEA may exercise the option under paragraph (b)(1) of this
section so long as the students selected for services under the
targeted assistance program are those with the greatest need for
special assistance, consistent with the requirements of section 1115 of
the ESEA.
(c)(1) To determine whether schools served under subpart A of this
part are making AYP, an LEA also may use any additional academic
assessments or any other academic indicators described in the LEA's
plan.
(2)(i) The LEA may use these assessments and indicators--
(A) To identify additional schools for school improvement or in
need of corrective action or restructuring; and
(B) To permit a school to make AYP if, in accordance with Sec.
200.20(b), the school also reduces the percentage of a student group
not meeting the State's proficient level of academic achievement by at
least 10 percent.
(ii) The LEA may not, with the exception described in paragraph
(c)(2)(i)(B) of this section, use these assessments and indicators to
reduce the number of, or change the identity of, the schools that would
otherwise be identified for school improvement, corrective action, or
restructuring if the LEA did not use these additional indicators.
(d) The LEA must publicize and disseminate the results of its
annual progress review to parents, teachers, principals, schools, and
the community.
(e) The LEA must review the effectiveness of actions and activities
that schools are carrying out under subpart A of this part with respect
to parental involvement, professional development, and other activities
assisted under subpart A of this part.
(Authority: 20 U.S.C. 6316(a) and (b))
0
19. Section 200.31 is revised to read as follows:
Sec. 200.31 Opportunity to review school-level data.
(a) Before identifying a school for school improvement, corrective
action, or restructuring, an LEA must provide the school with an
opportunity to review the school-level data, including academic
assessment data, on which the proposed identification is based.
(b)(1) If the principal of a school that an LEA proposes to
identify for school improvement, corrective action, or restructuring
believes, or a majority of the parents of the students enrolled in the
school believe, that the proposed identification is in error for
statistical or other substantive reasons, the principal may provide
supporting evidence to the LEA.
(2) The LEA must consider the evidence referred to in paragraph
(b)(1) of this section before making a final determination.
(c) The LEA must make public a final determination of the status of
the school with respect to identification not later than 30 days after
it provides the school with the opportunity to review the data on which
the proposed identification is based.
(Authority: 20 U.S.C. 6316(b)(2))
0
20. Section 200.32 is revised to read as follows:
Sec. 200.32 Identification for school improvement.
(a)(1)(i) An LEA must identify for school improvement any
elementary or secondary school served under subpart A of this part that
fails, for two consecutive years, to make AYP as defined under
Sec. Sec. 200.13 through 200.20.
(ii) In identifying schools for improvement, an LEA--
(A) May base identification on whether a school did not make AYP
because it did not meet the annual measurable objectives for the same
subject or meet the same other academic indicator for two consecutive
years; but
(B) May not limit identification to those schools that did not make
AYP only because they did not meet the annual measurable objectives for
the same subject or meet the same other academic indicator for the same
subgroup under Sec. 200.13(b)(7)(ii) for two consecutive years.
(2) The LEA must make the identification described in paragraph
(a)(1) of this section before the beginning of the school year
following the year in which the LEA administered the assessments that
resulted in the school's failure to make AYP for a second consecutive
year.
(b)(1) An LEA must treat any school that was in the first year of
school improvement status on January 7, 2002 as a school that is in the
first year of school improvement under Sec. 200.39 for the 2002-2003
school year.
(2) Not later than the first day of the 2002-2003 school year, the
LEA must, in accordance with Sec. 200.44, provide public school choice
to all students in the school.
(c)(1) An LEA must treat any school that was identified for school
improvement for two or more consecutive years on January 7, 2002 as a
school that is in its second year of school improvement under Sec.
200.39 for the 2002-2003 school year.
(2) Not later than the first day of the 2002-2003 school year, the
LEA must--
(i) In accordance with Sec. 200.44, provide public school choice
to all students in the school; and
(ii) In accordance with Sec. 200.45, make available supplemental
educational services to eligible students who remain in the school.
(d) An LEA may remove from improvement status a school otherwise
subject to the requirements of
[[Page 31697]]
paragraphs (b) or (c) of this section if, on the basis of assessments
the LEA administers during the 2001-2002 school year, the school makes
AYP for a second consecutive year.
(e)(1) An LEA may, but is not required to, identify a school for
improvement if, on the basis of assessments the LEA administers during
the 2001-2002 school year, the school fails to make AYP for a second
consecutive year.
(2) An LEA that does not identify such a school for improvement,
however, must count the 2001-2002 school year as the first year of not
making AYP for the purpose of subsequent identification decisions under
paragraph (a) of this section.
(f) If an LEA identifies a school for improvement after the
beginning of the school year following the year in which the LEA
administered the assessments that resulted in the school's failure to
make AYP for a second consecutive year--
(1) The school is subject to the requirements of school improvement
under Sec. 200.39 immediately upon identification, including the
provision of public school choice; and
(2) The LEA must count that school year as a full school year for
the purposes of subjecting the school to additional improvement
measures if the school continues to fail to make AYP.
(Authority: 20 U.S.C. 6316)
0
21. Section 200.33 is revised to read as follows:
Sec. 200.33 Identification for corrective action.
(a) If a school served by an LEA under subpart A of this part fails
to make AYP by the end of the second full school year after the LEA has
identified the school for improvement under Sec. 200.32(a) or (b), or
by the end of the first full school year after the LEA has identified
the school for improvement under Sec. 200.32(c), the LEA must identify
the school for corrective action under Sec. 200.42.
(b) If a school was subject to corrective action on January 7,
2002, the LEA must--
(1) Treat the school as a school identified for corrective action
under Sec. 200.42 for the 2002-2003 school year; and
(2) Not later than the first day of the 2002-2003 school year--
(i) In accordance with Sec. 200.44, provide public school choice
to all students in the school;
(ii) In accordance with Sec. 200.45, make available supplemental
educational services to eligible students who remain in the school; and
(iii) Take corrective action under Sec. 200.42.
(c) An LEA may remove from corrective action a school otherwise
subject to the requirements of paragraphs (a) or (b) of this section
if, on the basis of assessments administered by the LEA during the
2001-2002 school year, the school makes AYP for a second consecutive
year.
(Authority: 20 U.S.C. 6316)
0
22. Section 200.34 is revised to read as follows:
Sec. 200.34 Identification for restructuring.
(a) If a school continues to fail to make AYP after one full school
year of corrective action under Sec. 200.42, the LEA must prepare a
restructuring plan for the school and make arrangements to implement
the plan.
(b) If the school continues to fail to make AYP, the LEA must
implement the restructuring plan no later than the beginning of the
school year following the year in which the LEA developed the
restructuring plan under paragraph (a) of this section.
(Authority: 20 U.S.C. 6316(b)(8))
0
23. Section 200.35 is revised to read as follows:
Sec. 200.35 Delay and removal.
(a) Delay. (1) An LEA may delay, for a period not to exceed one
year, implementation of requirements under the second year of school
improvement, under corrective action, or under restructuring if--
(i) The school makes AYP for one year; or
(ii) The school's failure to make AYP is due to exceptional or
uncontrollable circumstances, such as a natural disaster or a
precipitous and unforeseen decline in the financial resources of the
LEA or school.
(2) The LEA may not take into account a period of delay under
paragraph (a) of this section in determining the number of consecutive
years of the school's failure to make AYP.
(3) Except as provided in paragraph (b) of this section, the LEA
must subject the school to further actions as if the delay never
occurred.
(b) Removal. If any school identified for school improvement,
corrective action, or restructuring makes AYP for two consecutive
school years, the LEA may not, for the succeeding school year--
(1) Subject the school to the requirements of school improvement,
corrective action, or restructuring; or
(2) Identify the school for improvement.
(Authority: 20 U.S.C. 6316(b))
0
24. Section 200.36 is revised to read as follows:
Sec. 200.36 Communication with parents.
(a) Throughout the school improvement process, the State, LEA, or
school must communicate with the parents of each child attending the
school.
(b) The State, LEA, or school must ensure that, regardless of the
method or media used, it provides the information required by
Sec. Sec. 200.37 and 200.38 to parents--
(1) In an understandable and uniform format, including alternative
formats upon request; and
(2) To the extent practicable, in a language that parents can
understand.
(c) The State, LEA, or school must provide information to parents--
(1) Directly, through such means as regular mail or email, except
that if a State does not have access to individual student addresses,
it may provide information to the LEA or school for distribution to
parents; and
(2) Through broader means of dissemination such as the internet,
the media, and public agencies serving the student population and their
families.
(d) All communications must respect the privacy of students and
their families.
(Authority: 20 U.S.C. 6316)
0
25. Section 200.37 is revised to read as follows:
Sec. 200.37 Notice of identification for improvement, corrective
action, or restructuring.
(a) If an LEA identifies a school for improvement or subjects the
school to corrective action or restructuring, the LEA must, consistent
with the requirements of Sec. 200.36, promptly notify the parent or
parents of each child enrolled in the school of this identification.
(b) The notice referred to in paragraph (a) of this section must
include the following:
(1) An explanation of what the identification means, and how the
school compares in terms of academic achievement to other elementary
and secondary schools served by the LEA and the SEA involved.
(2) The reasons for the identification.
(3) An explanation of how parents can become involved in addressing
the academic issues that led to identification.
(4)(i) An explanation of the parents' option to transfer their
child to another public school, including the provision of
transportation to the new school, in accordance with Sec. 200.44.
[[Page 31698]]
(ii) The explanation of the parents' option to transfer must
include, at a minimum, information on the academic achievement of the
school or schools to which the child may transfer.
(iii) The explanation may include other information on the school
or schools to which the child may transfer, such as--
(A) A description of any special academic programs or facilities;
(B) The availability of before- and after-school programs;
(C) The professional qualifications of teachers in the core
academic subjects; and
(D) A description of parental involvement opportunities.
(iv) The explanation of the available school choices must be made
sufficiently in advance of, but no later than 14 calendar days before,
the start of the school year so that parents have adequate time to
exercise their choice option before the school year begins.
(5)(i) If the school is in its second year of improvement or
subject to corrective action or restructuring, a notice explaining how
parents can obtain supplemental educational services for their child in
accordance with Sec. 200.45.
(ii) The annual notice of the availability of supplemental
educational services must include, at a minimum, the following:
(A) The identity of approved providers of those services available
within the LEA, including providers of technology-based or distance-
learning supplemental educational services, and providers that make
services reasonably available in neighboring LEAs.
(B) A brief description of the services, qualifications, and
demonstrated effectiveness of the providers referred to in paragraph
(b)(5)(ii)(A) of this section, including an indication of those
providers who are able to serve students with disabilities or limited
English proficient students.
(C) An explanation of the benefits of receiving supplemental
educational services.
(iii) The annual notice of the availability of supplemental
educational services must be--
(A) Clear and concise; and
(B) Clearly distinguishable from the other information sent to
parents under this section.
(Authority: 20 U.S.C. 6316)
0
26. Add Sec. 200.38 to read as follows:
Sec. 200.38 Information about action taken.
(a) An LEA must publish and disseminate to the parents of each
student enrolled in the school, consistent with the requirements of
Sec. 200.36, and to the public information regarding any action taken
by a school and the LEA to address the problems that led to the LEA's
identification of the school for improvement, corrective action, or
restructuring.
(b) The information referred to in paragraph (a) of this section
must include the following:
(1) An explanation of what the school is doing to address the
problem of low achievement.
(2) An explanation of what the LEA or SEA is doing to help the
school address the problem of low achievement.
(3) If applicable, a description of specific corrective actions or
restructuring plans.
(Authority: 20 U.S.C. 6316(b))
0
27. Add Sec. 200.39 to read as follows:
Sec. 200.39 Responsibilities resulting from identification for school
improvement.
(a) If an LEA identifies a school for school improvement under
Sec. 200.32--
(1) The LEA must--
(i) Not later than the first day of the school year following
identification, with the exception described in Sec. 200.32(f),
provide all students enrolled in the school with the option to
transfer, in accordance with Sec. 200.44, to another public school
served by the LEA; and
(ii) Ensure that the school receives technical assistance in
accordance with Sec. 200.40; and
(2) The school must develop or revise a school improvement plan in
accordance with Sec. 200.41.
(b) If a school fails to make AYP by the end of the first full
school year after the LEA has identified it for improvement under Sec.
200.32, the LEA must--
(1) Continue to provide all students enrolled in the school with
the option to transfer, in accordance with Sec. 200.44, to another
public school served by the LEA;
(2) Continue to ensure that the school receives technical
assistance in accordance with Sec. 200.40; and
(3) Make available supplemental educational services in accordance
with Sec. 200.45.
(c)(1) Except as provided in paragraph (c)(2) of this section, the
LEA must prominently display on its Web site, in a timely manner to
ensure that parents have current information, the following information
regarding the LEA's implementation of the public school choice and
supplemental educational services requirements of the Act and this
part:
(i) Beginning with data from the 2007-2008 school year and for each
subsequent school year, the number of students who were eligible for
and the number of students who participated in public school choice.
(ii) Beginning with data from the 2007-2008 school year and for
each subsequent school year, the number of students who were eligible
for and the number of students who participated in supplemental
educational services.
(iii) For the current school year, a list of supplemental
educational services providers approved by the State to serve the LEA
and the locations where services are provided.
(iv) For the current school year, a list of available schools to
which students eligible to participate in public school choice may
transfer.
(2) If the LEA does not have its own Web site, the SEA must include
on the SEA's Web site the information required in paragraph (c)(1) of
this section for the LEA.
(Authority: 20 U.S.C. 6316(b))
0
28. Add Sec. 200.40 to read as follows:
Sec. 200.40 Technical assistance.
(a) An LEA that identifies a school for improvement under Sec.
200.32 must ensure that the school receives technical assistance as the
school develops and implements its improvement plan under Sec. 200.41
and throughout the plan's duration.
(b) The LEA may arrange for the technical assistance to be provided
by one or more of the following:
(1) The LEA through the statewide system of school support and
recognition described under section 1117 of the ESEA.
(2) The SEA.
(3) An institution of higher education that is in full compliance
with all of the reporting provisions of Title II of the Higher
Education Act of 1965.
(4) A private not-for-profit organization, a private for-profit
organization, an educational service agency, or another entity with
experience in helping schools improve academic achievement.
(c) The technical assistance must include the following:
(1) Assistance in analyzing data from the State assessment system,
and other examples of student work, to identify and develop solutions
to problems in--
(i) Instruction;
(ii) Implementing the requirements for parental involvement and
professional development under this subpart; and
(iii) Implementing the school plan, including LEA- and school-level
responsibilities under the plan.
(2) Assistance in identifying and implementing professional
development and instructional strategies and methods
[[Page 31699]]
that have proved effective, through scientifically based research, in
addressing the specific instructional issues that caused the LEA to
identify the school for improvement.
(3) Assistance in analyzing and revising the school's budget so
that the school allocates its resources more effectively to the
activities most likely to--
(i) Increase student academic achievement; and
(ii) Remove the school from school improvement status.
(d) Technical assistance provided under this section must be based
on scientifically based research.
(Authority: 20 U.S.C. 6316(b)(4))
0
29. Add Sec. 200.41 to read as follows:
Sec. 200.41 School improvement plan.
(a)(1) Not later than three months after an LEA has identified a
school for improvement under Sec. 200.32, the school must develop or
revise a school improvement plan for approval by the LEA.
(2) The school must consult with parents, school staff, the LEA,
and outside experts in developing or revising its school improvement
plan.
(b) The school improvement plan must cover a 2-year period.
(c) The school improvement plan must--
(1) Specify the responsibilities of the school, the LEA, and the
SEA serving the school under the plan, including the technical
assistance to be provided by the LEA under Sec. 200.40;
(2)(i) Incorporate strategies, grounded in scientifically based
research, that will strengthen instruction in the core academic
subjects at the school and address the specific academic issues that
caused the LEA to identify the school for improvement; and
(ii) May include a strategy for implementing a comprehensive school
reform model described in section 1606 of the ESEA;
(3) With regard to the school's core academic subjects, adopt
policies and practices most likely to ensure that all groups of
students described in Sec. 200.13(b)(7) and enrolled in the school
will meet the State's proficient level of achievement, as measured by
the State's assessment system, not later than the 2013-2014 school
year;
(4) Establish measurable goals that--
(i) Address the specific reasons for the school's failure to make
adequate progress; and
(ii) Promote, for each group of students described in Sec.
200.13(b)(7) and enrolled in the school, continuous and substantial
progress that ensures that all these groups meet the State's annual
measurable objectives described in Sec. 200.18;
(5) Provide an assurance that the school will spend not less than
10 percent of the allocation it receives under subpart A of this part
for each year that the school is in school improvement status, for the
purpose of providing high-quality professional development to the
school's teachers, principal, and, as appropriate, other instructional
staff, consistent with section 9101(34) of the ESEA, that--
(i) Directly addresses the academic achievement problem that caused
the school to be identified for improvement;
(ii) Is provided in a manner that affords increased opportunity for
participating in that professional development; and
(iii) Incorporates teacher mentoring activities or programs;
(6) Specify how the funds described in paragraph (c)(5) of this
section will be used to remove the school from school improvement
status;
(7) Describe how the school will provide written notice about the
identification to parents of each student enrolled in the school;
(8) Include strategies to promote effective parental involvement at
the school; and
(9) As appropriate, incorporate activities before school, after
school, during the summer, and during any extension of the school year.
(d)(1) Within 45 days of receiving a school improvement plan, the
LEA must--
(i) Establish a peer-review process to assist with review of the
plan;
(ii) Promptly review the plan;
(iii) Work with the school to make any necessary revisions; and
(iv) Approve the plan if it meets the requirements of this section.
(2) The LEA may condition approval of the school improvement plan
on--
(i) Inclusion of one or more of the corrective actions specified in
Sec. 200.42; or
(ii) Feedback on the plan from parents and community leaders.
(e) A school must implement its school improvement plan immediately
on approval of the plan by the LEA.
(Authority: 20 U.S.C. 6316(b)(3))
0
30. Add Sec. 200.42 to read as follows:
Sec. 200.42 Corrective action.
(a) Definition. ``Corrective action'' means action by an LEA that--
(1) Substantially and directly responds to--
(i) The consistent academic failure of a school that led the LEA to
identify the school for corrective action; and
(ii) Any underlying staffing, curriculum, or other problems in the
school;
(2) Is designed to increase substantially the likelihood that each
group of students described in Sec. 200.13(b)(7) and enrolled in the
school will meet or exceed the State's proficient levels of achievement
as measured by the State assessment system; and
(3) Is consistent with State law.
(b) Requirements. If an LEA identifies a school for corrective
action, in accordance with Sec. 200.33, the LEA must do the following:
(1) Continue to provide all students enrolled in the school with
the option to transfer to another public school in accordance with
Sec. 200.44.
(2) Continue to ensure that the school receives technical
assistance consistent with the requirements of Sec. 200.40.
(3) Make available supplemental educational services in accordance
with Sec. 200.45.
(4) Take at least one of the following corrective actions:
(i) Replace the school staff who are relevant to the school's
failure to make AYP.
(ii) Institute and fully implement a new curriculum, including the
provision of appropriate professional development for all relevant
staff, that--
(A) Is grounded in scientifically based research; and
(B) Offers substantial promise of improving educational achievement
for low-achieving students and of enabling the school to make AYP.
(iii) Significantly decrease management authority at the school
level.
(iv) Appoint one or more outside experts to advise the school on--
(A) Revising the school improvement plan developed under Sec.
200.41 to address the specific issues underlying the school's continued
failure to make AYP and resulting in identification for corrective
action; and
(B) Implementing the revised improvement plan.
(v) Extend for that school the length of the school year or school
day.
(vi) Restructure the internal organization of the school.
(5) Continue to comply with Sec. 200.39(c).
(Authority: 20 U.S.C. 6316(b)(7))
Sec. 200.42 [Amended]
0
31. Remove the undesignated center heading ``Other State Plan
Provisions'' following Sec. 200.42.
0
32. Revise Sec. 200.43 to read as follows:
[[Page 31700]]
Sec. 200.43 Restructuring.
(a) Definition. ``Restructuring'' means a major reorganization of a
school's governance arrangement by an LEA that--
(1) Makes fundamental reforms to improve student academic
achievement in the school;
(2) Has substantial promise of enabling the school to make AYP as
defined under Sec. Sec. 200.13 through 200.20;
(3) Is consistent with State law;
(4) Is significantly more rigorous and comprehensive than the
corrective action that the LEA implemented in the school under Sec.
200.42, unless the school has begun to implement one of the options in
paragraph (b)(3) of this section as a corrective action; and
(5) Addresses the reasons why the school was identified for
restructuring in order to enable the school to exit restructuring as
soon as possible.
(b) Requirements. If the LEA identifies a school for restructuring
in accordance with Sec. 200.34, the LEA must do the following:
(1) Continue to provide all students enrolled in the school with
the option to transfer to another public school in accordance with
Sec. 200.44.
(2) Make available supplemental educational services in accordance
with Sec. 200.45.
(3) Prepare a plan to carry out one of the following alternative
governance arrangements:
(i) Reopen the school as a public charter school.
(ii) Replace all or most of the school staff (which may include,
but may not be limited to, replacing the principal) who are relevant to
the school's failure to make AYP.
(iii) Enter into a contract with an entity, such as a private
management company, with a demonstrated record of effectiveness, to
operate the school as a public school.
(iv) Turn the operation of the school over to the SEA, if permitted
under State law and agreed to by the State.
(v) Any other major restructuring of a school's governance
arrangement that makes fundamental reforms, such as significant changes
in the school's staffing and governance, in order to improve student
academic achievement in the school and that has substantial promise of
enabling the school to make AYP. The major restructuring of a school's
governance may include replacing the principal so long as this change
is part of a broader reform effort.
(4) Provide to parents and teachers--
(i) Prompt notice that the LEA has identified the school for
restructuring; and
(ii) An opportunity for parents and teachers to--
(A) Comment before the LEA takes any action under a restructuring
plan; and
(B) Participate in the development of any restructuring plan.
(5) Continue to comply with Sec. 200.39(c).
(c) Implementation. (1) If a school continues to fail to make AYP,
the LEA must--
(i) Implement the restructuring plan no later than the beginning of
the school year following the year in which the LEA developed the
restructuring plan under paragraph (b)(3) of this section;
(ii) Continue to offer public school choice and supplemental
educational services in accordance with Sec. Sec. 200.44 and 200.45;
and
(iii) Continue to comply with Sec. 200.39(c).
(2) An LEA is no longer required to carry out the requirements of
paragraph (c)(1) of this section if the restructured school makes AYP
for two consecutive school years.
(d) Rural schools. On request, the Secretary will provide technical
assistance for developing and carrying out a restructuring plan to any
rural LEA--
(1) That has fewer than 600 students in average daily attendance at
all of its schools; and
(2) In which all of the schools have a School Locale Code of 7 or
8, as determined by the National Center for Education Statistics.
(Authority: 20 U.S.C. 6316(b)(8))
0
33. Add Sec. 200.44 to read as follows:
Sec. 200.44 Public school choice.
(a) Requirements. (1) In the case of a school identified for school
improvement under Sec. 200.32, for corrective action under Sec.
200.33, or for restructuring under Sec. 200.34, the LEA must provide
all students enrolled in the school with the option to transfer to
another public school served by the LEA.
(2) The LEA must offer this option, through the notice required in
Sec. 200.37, so that students may transfer in the school year
following the school year in which the LEA administered the assessments
that resulted in its identification of the school for improvement,
corrective action, or restructuring.
(3) The schools to which students may transfer under paragraph
(a)(1) of this section--
(i) May not include schools that--
(A) The LEA has identified for improvement under Sec. 200.32,
corrective action under Sec. 200.33, or restructuring under Sec.
200.34; or
(B) Are persistently dangerous as determined by the State; and
(ii) May include one or more public charter schools.
(4) If more than one school meets the requirements of paragraph
(a)(3) of this section, the LEA must--
(i) Provide to parents of students eligible to transfer under
paragraph (a)(1) of this section a choice of more than one such school;
and
(ii) Take into account the parents' preferences among the choices
offered under paragraph (a)(4)(i) of this section.
(5) The LEA must offer the option to transfer described in this
section unless it is prohibited by State law in accordance with
paragraph (b) of this section.
(6) Except as described in Sec. Sec. 200.32(d) and 200.33(c), if a
school was in school improvement or subject to corrective action before
January 8, 2002, the State must ensure that the LEA provides a public
school choice option in accordance with paragraph (a)(1) of this
section not later than the first day of the 2002-2003 school year.
(b) Limitation on State law prohibition. An LEA may invoke the
State law prohibition on choice described in paragraph (a)(5) of this
section only if the State law prohibits choice through restrictions on
public school assignments or the transfer of students from one public
school to another public school.
(c) Desegregation plans. (1) If an LEA is subject to a
desegregation plan, whether that plan is voluntary, court-ordered, or
required by a Federal or State administrative agency, the LEA is not
exempt from the requirement in paragraph (a)(1) of this section.
(2) In determining how to provide students with the option to
transfer to another school, the LEA may take into account the
requirements of the desegregation plan.
(3) If the desegregation plan forbids the LEA from offering the
transfer option required under paragraph (a)(1) of this section, the
LEA must secure appropriate changes to the plan to permit compliance
with paragraph (a)(1) of this section.
(d) Capacity. An LEA may not use lack of capacity to deny students
the option to transfer under paragraph (a)(1) of this section.
(e) Priority. (1) In providing students the option to transfer to
another public school in accordance with paragraph (a)(1) of this
section, the LEA must give priority to the lowest-achieving students
from low-income families.
(2) The LEA must determine family income on the same basis that the
LEA
[[Page 31701]]
uses to make allocations to schools under subpart A of this part.
(f) Status. Any public school to which a student transfers under
paragraph (a)(1) of this section must ensure that the student is
enrolled in classes and other activities in the school in the same
manner as all other students in the school.
(g) Duration of transfer. (1) If a student exercises the option
under paragraph (a)(1) of this section to transfer to another public
school, the LEA must permit the student to remain in that school until
the student has completed the highest grade in the school.
(2) The LEA's obligation to provide transportation for the student
may be limited under the circumstances described in paragraph (i) of
this section and in Sec. 200.48.
(h) No eligible schools within an LEA. If all public schools to
which a student may transfer within an LEA are identified for school
improvement, corrective action, or restructuring, the LEA--
(1) Must, to the extent practicable, establish a cooperative
agreement for a transfer with one or more other LEAs in the area; and
(2) May offer supplemental educational services to eligible
students under Sec. 200.45 in schools in their first year of school
improvement under Sec. 200.39.
(i) Transportation. (1) If a student exercises the option under
paragraph (a)(1) of this section to transfer to another public school,
the LEA must, consistent with Sec. 200.48, provide or pay for the
student's transportation to the school.
(2) The limitation on funding in Sec. 200.48 applies only to the
provision of choice-related transportation, and does not affect in any
way the basic obligation to provide an option to transfer as required
by paragraph (a) of this section.
(3) The LEA's obligation to provide transportation for the student
ends at the end of the school year in which the school from which the
student transferred is no longer identified by the LEA for school
improvement, corrective action, or restructuring.
(j) Students with disabilities and students covered under Section
504 of the Rehabilitation Act of 1973 (Section 504). For students with
disabilities under the IDEA and students covered under Section 504, the
public school choice option must provide a free appropriate public
education as that term is defined in section 602(8) of the IDEA or 34
CFR 104.33, respectively.
(Authority: 20 U.S.C. 6316)
0
34. Add Sec. 200.45 to read as follows:
Sec. 200.45 Supplemental educational services.
(a) Definition. ``Supplemental educational services'' means
tutoring and other supplemental academic enrichment services that are--
(1) In addition to instruction provided during the school day;
(2) Specifically designed to--
(i) Increase the academic achievement of eligible students as
measured by the State's assessment system; and
(ii) Enable these children to attain proficiency in meeting State
academic achievement standards; and
(3) Of high quality and research-based.
(b) Eligibility. (1) Only students from low-income families are
eligible for supplemental educational services.
(2) The LEA must determine family income on the same basis that the
LEA uses to make allocations to schools under subpart A of this part.
(c) Requirement. (1) If an LEA identifies a school for a second
year of improvement under Sec. 200.32, corrective action under Sec.
200.33, or restructuring under Sec. 200.34, the LEA must arrange,
consistent with paragraph (d) of this section, for each eligible
student in the school to receive supplemental educational services from
a State-approved provider selected by the student's parents.
(2) Except as described in Sec. Sec. 200.32(d) and 200.33(c), if a
school was in school improvement status for two or more consecutive
school years or subject to corrective action on January 7, 2002, the
State must ensure that the LEA makes available, consistent with
paragraph (d) of this section, supplemental educational services to all
eligible students not later than the first day of the 2002-2003 school
year.
(3) The LEA must, consistent with Sec. 200.48, continue to make
available supplemental educational services to eligible students until
the end of the school year in which the LEA is making those services
available.
(4)(i) At the request of an LEA, the SEA may waive, in whole or in
part, the requirement that the LEA make available supplemental
educational services if the SEA determines that--
(A) None of the providers of those services on the list approved by
the SEA under Sec. 200.47 makes those services available in the area
served by the LEA or within a reasonable distance of that area; and
(B) The LEA provides evidence that it is not otherwise able to make
those services available.
(ii) The SEA must notify the LEA, within 30 days of receiving the
LEA's request for a waiver under paragraph (c)(4)(i) of this section,
whether it approves or disapproves the request and, if it disapproves,
the reasons for the disapproval, in writing.
(iii) An LEA that receives a waiver must renew its request for that
waiver on an annual basis.
(d) Priority. If the amount of funds available for supplemental
educational services is insufficient to provide services to each
student whose parents request these services, the LEA must give
priority to the lowest-achieving students.
(Authority: 20 U.S.C. 6316)
0
35. Add Sec. 200.46 to read as follows:
Sec. 200.46 LEA responsibilities for supplemental educational
services.
(a) If an LEA is required to make available supplemental
educational services under Sec. 200.39(b)(3), Sec. 200.42(b)(3), or
Sec. 200.43(b)(2), the LEA must do the following:
(1) Provide the annual notice to parents described in Sec.
200.37(b)(5).
(2) If requested, assist parents in choosing a provider from the
list of approved providers maintained by the SEA.
(3) Apply fair and equitable procedures for serving students if the
number of spaces at approved providers is not sufficient to serve all
eligible students whose parents request services consistent with Sec.
200.45.
(4) Ensure that eligible students with disabilities under IDEA and
students covered under Section 504 receive appropriate supplemental
educational services and accommodations in the provision of those
services.
(5) Ensure that eligible students who have limited English
proficiency receive appropriate supplemental educational services and
language assistance in the provision of those services.
(6) Not disclose to the public, without the written permission of
the student's parents, the identity of any student who is eligible for,
or receiving, supplemental educational services.
(b)(1) In addition to meeting the requirements in paragraph (a) of
this section, the LEA must enter into an agreement with each provider
selected by a parent or parents.
(2) The agreement must--
(i) Require the LEA to develop, in consultation with the parents
and the provider, a statement that includes--
(A) Specific achievement goals for the student;
(B) A description of how the student's progress will be measured;
and
(C) A timetable for improving achievement;
[[Page 31702]]
(ii) Describe procedures for regularly informing the student's
parents and teachers of the student's progress;
(iii) Provide for the termination of the agreement if the provider
is unable to meet the goals and timetables specified in the agreement;
(iv) Specify how the LEA will pay the provider; and
(v) Prohibit the provider from disclosing to the public, without
the written permission of the student's parents, the identity of any
student who is eligible for, or receiving, supplemental educational
services.
(3) In the case of a student with disabilities under IDEA or a
student covered under Section 504, the provisions of the agreement
referred to in paragraph (b)(2)(i) of this section must be consistent
with the student's individualized education program under section
614(d) of the IDEA or the student's individualized services under
Section 504.
(4) The LEA may not pay the provider for religious worship or
instruction.
(c) If State law prohibits an SEA from carrying out one or more of
its responsibilities under Sec. 200.47 with respect to those who
provide, or seek approval to provide, supplemental educational
services, each LEA must carry out those responsibilities with respect
to its students who are eligible for those services.
(Authority: 20 U.S.C. 6316(e))
0
36. Add Sec. 200.47 to read as follows:
Sec. 200.47 SEA responsibilities for supplemental educational
services.
(a) If one or more LEAs in a State are required to make available
supplemental educational services under Sec. 200.39(b)(3), Sec.
200.42(b)(3), or Sec. 200.43(b)(2), the SEA for that State must do the
following:
(1)(i) In consultation with affected LEAs, parents, teachers, and
other interested members of the public, promote participation by as
many providers as possible.
(ii) This promotion must include--
(A) Annual notice to potential providers of--
(1) The opportunity to provide supplemental educational services;
and
(2) Procedures for obtaining the SEA's approval to be a provider of
those services; and
(B) Posting on the SEA's Web site, for each LEA--
(1) The amount equal to 20 percent of the LEA's Title I, Part A
allocation available for choice-related transportation and supplemental
educational services, as required in Sec. 200.48(a)(2); and
(2) The per-child amount for supplemental educational services
calculated under Sec. 200.48(c)(1).
(2) Consistent with paragraph (b) of this section, develop and
apply to potential providers objective criteria.
(3)(i) Maintain by LEA an updated list of approved providers,
including any technology-based or distance-learning providers, from
which parents may select; and
(ii) Indicate on the list those providers that are able to serve
students with disabilities or limited English proficient students.
(4) Consistent with paragraph (c) of this section, develop,
implement, and publicly report on standards and techniques for--
(i) Monitoring the quality and effectiveness of the services
offered by each approved provider;
(ii) Withdrawing approval from a provider that fails, for two
consecutive years, to contribute to increasing the academic proficiency
of students receiving supplemental educational services from that
provider; and
(iii) Monitoring LEAs' implementation of the supplemental
educational services requirements of the Act and this part.
(5) Ensure that eligible students with disabilities under IDEA and
students covered under Section 504 receive appropriate supplemental
educational services and accommodations in the provision of those
services.
(6) Ensure that eligible students who have limited English
proficiency receive appropriate supplemental educational services and
language assistance in the provision of those services.
(b) Standards for approving providers. (1) As used in this section
and in Sec. 200.46, ``provider'' means a non-profit entity, a for-
profit entity, an LEA, an educational service agency, a public school,
including a public charter school, or a private school that--
(i) Has a demonstrated record of effectiveness in increasing the
academic achievement of students in subjects relevant to meeting the
State's academic content and student achievement standards described
under Sec. 200.1;
(ii) Is capable of providing supplemental educational services that
are consistent with the instructional program of the LEA and with the
State academic content standards and State student achievement
standards described under Sec. 200.1;
(iii) Is financially sound; and
(iv) In the case of--
(A) A public school, has not been identified under Sec. 200.32,
Sec. 200.33, or Sec. 200.34; or
(B) An LEA, has not been identified under Sec. 200.50(d) or (e).
(2) In order for the SEA to include a provider on the State list,
the provider must agree to--
(i)(A) Provide parents of each student receiving supplemental
educational services and the appropriate LEA with information on the
progress of the student in increasing achievement; and
(B) This information must be in an understandable and uniform
format, including alternative formats upon request, and, to the extent
practicable, in a language that the parents can understand;
(ii) Ensure that the instruction the provider gives and the content
the provider uses--
(A) Are consistent with the instruction provided and the content
used by the LEA and the SEA;
(B) Are aligned with State academic content and student academic
achievement standards;
(C) Are of high quality, research-based, and specifically designed
to increase the academic achievement of eligible children; and
(D) Are secular, neutral, and nonideological; and
(iii) Meet all applicable Federal, State, and local health, safety,
and civil rights laws.
(3) In approving a provider, the SEA must consider, at a minimum--
(i) Information from the provider on whether the provider has been
removed from any State's approved provider list;
(ii) Parent recommendations or results from parent surveys, if any,
regarding the success of the provider's instructional program in
increasing student achievement; and
(iii) Evaluation results, if any, demonstrating that the
instructional program has improved student achievement.
(4) As a condition of approval, a State may not require a provider
to hire only staff who meet the requirements under Sec. Sec. 200.55
and 200.56.
(c) Standards for monitoring approved providers. To monitor the
quality and effectiveness of services offered by an approved provider
in order to inform the renewal or the withdrawal of approval of the
provider--
(1) An SEA must examine, at a minimum, evidence that the provider's
instructional program--
(i) Is consistent with the instruction provided and the content
used by the LEA and the SEA;
(ii) Addresses students' individual needs as described in students'
supplemental educational services plans under Sec. 200.46(b)(2)(i);
(iii) Has contributed to increasing students' academic proficiency;
and
[[Page 31703]]
(iv) Is aligned with the State's academic content and student
academic achievement standards; and
(2) The SEA must also consider information, if any, regarding--
(i) Parent recommendations or results from parent surveys regarding
the success of the provider's instructional program in increasing
student achievement; and
(ii) Evaluation results demonstrating that the instructional
program has improved student achievement.
(Authority: 20 U.S.C. 6316(e))
Sec. 200.47 [Amended]
0
37. Remove the undesignated center heading ``Local Educational Agency
Plans'' following Sec. 200.47.
0
38. Revise Sec. 200.48 to read as follows:
Sec. 200.48 Funding for choice-related transportation and
supplemental educational services.
(a) Amounts required. (1) To pay for choice-related transportation
and supplemental educational services required under section 1116 of
the ESEA, an LEA may use--
(i) Funds allocated under subpart A of this part;
(ii) Funds, where allowable, from other Federal education programs;
and
(iii) State, local, or private resources.
(2) Unless a lesser amount is needed, the LEA must spend an amount
equal to 20 percent of its allocation under subpart A of this part
(``20 percent obligation'') to--
(i) Provide, or pay for, transportation of students exercising a
choice option under Sec. 200.44;
(ii) Satisfy all requests for supplemental educational services
under Sec. 200.45; or
(iii) Pay for both paragraph (a)(2)(i) and (ii) of this section,
except that--
(A) The LEA must spend a minimum of an amount equal to 5 percent of
its allocation under subpart A of this part on transportation under
paragraph (a)(2)(i) of this section and an amount equal to 5 percent of
its allocation under subpart A of this part for supplemental
educational services under paragraph (a)(2)(ii) of this section, unless
lesser amounts are needed to meet the requirements of Sec. Sec. 200.44
and 200.45;
(B) Except as provided in paragraph (a)(2)(iii)(C) of this section,
the LEA may not include costs for administration or transportation
incurred in providing supplemental educational services, or
administrative costs associated with the provision of public school
choice options under Sec. 200.44, in the amounts required under
paragraph (a)(2) of this section; and
(C) The LEA may count in the amount the LEA is required to spend
under paragraph (a) of this section its costs for outreach and
assistance to parents concerning their choice to transfer their child
or to request supplemental educational services, up to an amount equal
to 0.2 percent of its allocation under subpart 2 of part A of Title I
of the Act.
(3) If the amount specified in paragraph (a)(2) of this section is
insufficient to pay all choice-related transportation costs, or to meet
the demand for supplemental educational services, the LEA may make
available any additional needed funds from Federal, State, or local
sources.
(4) To assist an LEA that does not have sufficient funds to make
available supplemental educational services to all students requesting
these services, an SEA may use funds that it reserves under part A of
Title I and part A of Title V of the ESEA.
(b) Cap on school-level reduction. (1) An LEA may not, in applying
paragraph (a) of this section, reduce by more than 15 percent the total
amount it makes available under subpart A of this part to a school it
has identified for corrective action or restructuring.
(2) [Reserved]
(c) Per-child funding for supplemental educational services. For
each student receiving supplemental educational services under Sec.
200.45, the LEA must make available the lesser of--
(1) The amount of its allocation under subpart A of this part,
divided by the number of students from families below the poverty
level, as counted under section 1124(c)(1)(A) of the ESEA; or
(2) The actual costs of the supplemental educational services
received by the student.
(d) Unexpended funds for choice-related transportation and
supplemental educational services. (1)(i) Except as provided in
paragraph (d)(2) of this section, if an LEA does not meet its 20
percent obligation in a given school year, the LEA must spend the
unexpended amount in the subsequent school year on choice-related
transportation costs, supplemental educational services, or parent
outreach and assistance (consistent with paragraph (a)(2)(iii)(C) of
this section).
(ii) The LEA must spend the unexpended amount under paragraph
(d)(1)(i) of this section in addition to the amount it is required to
spend to meet its 20 percent obligation in the subsequent school year.
(2) To spend less than the amount needed to meet its 20 percent
obligation, an LEA must--
(i) Meet, at a minimum, the following criteria:
(A) Partner, to the extent practicable, with outside groups, such
as faith-based organizations, other community-based organizations, and
business groups, to help inform eligible students and their families of
the opportunities to transfer or to receive supplemental educational
services.
(B) Ensure that eligible students and their parents have a genuine
opportunity to sign up to transfer or to obtain supplemental
educational services, including by--
(1) Providing timely, accurate notice as required in Sec. Sec.
200.36 and 200.37;
(2) Ensuring that sign-up forms for supplemental educational
services are distributed directly to all eligible students and their
parents and are made widely available and accessible through broad
means of dissemination, such as the internet, other media, and
communications through public agencies serving eligible students and
their families; and
(3) Providing a minimum of two enrollment ``windows,'' at separate
points in the school year, that are of sufficient length to enable
parents of eligible students to make informed decisions about
requesting supplemental educational services and selecting a provider.
(C) Ensure that eligible supplemental educational services
providers are given access to school facilities, using a fair, open,
and objective process, on the same basis and terms as are available to
other groups that seek access to school facilities;
(ii) Maintain records that demonstrate the LEA has met the criteria
in paragraph (d)(2)(i) of this section; and
(iii) Notify the SEA that the LEA--
(A) Has met the criteria in paragraph (d)(2)(i) of this section;
and
(B) Intends to spend the remainder of its 20 percent obligation on
other allowable activities, specifying the amount of that remainder.
(3)(i) Except as provided in paragraph (d)(3)(ii) of this section,
an SEA must ensure an LEA's compliance with paragraph (d)(2)(i) of this
section through its regular monitoring process.
(ii)(A) In addition to its regular monitoring process, an SEA must
review any LEA that--
(1) The SEA determines has spent a significant portion of its 20
percent obligation for other activities under paragraph (d)(2)(iii)(B)
of this section; and
(2) Has been the subject of multiple complaints, supported by
credible evidence, regarding implementation of the public school choice
or
[[Page 31704]]
supplemental educational services requirements; and
(B) The SEA must complete its review by the beginning of the next
school year.
(4)(i) If an SEA determines under paragraph (d)(3) of this section
that an LEA has failed to meet any of the criteria in paragraph
(d)(2)(i) of this section, the LEA must--
(A) Spend an amount equal to the remainder specified in paragraph
(d)(2)(iii)(B) of this section in the subsequent school year, in
addition to its 20 percent obligation for that year, on choice-related
transportation costs, supplemental educational services, or parent
outreach and assistance; or
(B) Meet the criteria in paragraph (d)(2)(i) of this section and
obtain permission from the SEA before spending less in that subsequent
school year than the amount required by paragraph (d)(4)(i)(A) of this
section.
(ii) The SEA may not grant permission to the LEA under paragraph
(d)(4)(i)(B) of this section unless the SEA has confirmed the LEA's
compliance with paragraph (d)(2)(i) of this section for that subsequent
school year.
(Authority: 20 U.S.C. 6316)
0
39. Add Sec. 200.49 to read as follows:
Sec. 200.49 SEA responsibilities for school improvement, corrective
action, and restructuring.
(a) Transition requirements for public school choice and
supplemental educational services. (1) Except as described in
Sec. Sec. 200.32(d) and 200.33(c), if a school was in school
improvement or subject to corrective action on January 7, 2002, the SEA
must ensure that the LEA for that school provides public school choice
in accordance with Sec. 200.44 not later than the first day of the
2002-2003 school year.
(2) Except as described in Sec. Sec. 200.32(d) and 200.33(c), if a
school was in school improvement status for two or more consecutive
school years or subject to corrective action on January 7, 2002, the
SEA must ensure that the LEA for that school makes available
supplemental educational services in accordance with Sec. 200.45 not
later than the first day of the 2002-2003 school year.
(b) State reservation of funds for school improvement. (1) In
accordance with Sec. 200.100(a), an SEA must reserve 2 percent of the
amount it receives under this part for fiscal years 2002 and 2003, and
4 percent of the amount it receives under this part for fiscal years
2004 through 2007, to--
(i) Support local school improvement activities;
(ii) Provide technical assistance to schools identified for
improvement, corrective action, or restructuring; and
(iii) Provide technical assistance to LEAs that the SEA has
identified for improvement or corrective action in accordance with
Sec. 200.50.
(2) Of the amount it reserves under paragraph (b)(1) of this
section, the SEA must--
(i) Allocate not less than 95 percent directly to LEAs serving
schools identified for improvement, corrective action, and
restructuring to support improvement activities; or
(ii) With the approval of the LEA, directly provide for these
improvement activities or arrange to provide them through such entities
as school support teams or educational service agencies.
(3) In providing assistance to LEAs under paragraph (b)(2) of this
section, the SEA must give priority to LEAs that--
(i) Serve the lowest-achieving schools;
(ii) Demonstrate the greatest need for this assistance; and
(iii) Demonstrate the strongest commitment to ensuring that this
assistance will be used to enable the lowest-achieving schools to meet
the progress goals in the school improvement plans under Sec. 200.41.
(c) Technical assistance. The SEA must make technical assistance
available, through the statewide system of support and improvement
required by section 1117 of the ESEA, to schools that LEAs have
identified for improvement, corrective action, or restructuring.
(d) LEA failure. If the SEA determines that an LEA has failed to
carry out its responsibilities with respect to school improvement,
corrective action, or restructuring, the SEA must take the actions it
determines to be appropriate and in compliance with State law.
(e) Assessment results. (1) The SEA must ensure that the results of
academic assessments administered as part of the State assessment
system in a given school year are available to LEAs before the
beginning of the next school year and in such time as to allow for the
identification described in Sec. 200.32(a)(2).
(2) The SEA must provide the results described in paragraph (e)(1)
of this section to a school before an LEA may identify the school for
school improvement under Sec. 200.32, corrective action under Sec.
200.33, or restructuring under Sec. 200.34.
(f) Accountability for charter schools. The accountability
provisions under section 1116 of the ESEA must be overseen for charter
schools in accordance with State charter school law.
(g) Factors affecting student achievement. The SEA must notify the
Secretary of Education of major factors that have been brought to the
SEA's attention under section 1111(b)(9) of the ESEA that have
significantly affected student academic achievement in schools and LEAs
identified for improvement within the State.
(Authority: 20 U.S.C. 6311 and 6316)
0
40. Add Sec. 200.50 to read as follows:
Sec. 200.50 SEA review of LEA progress.
(a) State review. (1) An SEA must annually review the progress of
each LEA in its State that receives funds under subpart A of this part
to determine whether--
(i) The LEA's schools served under this part are making AYP, as
defined under Sec. Sec. 200.13 through 200.20, toward meeting the
State's student academic achievement standards; and
(ii) The LEA is carrying out its responsibilities under this part
with respect to school improvement, technical assistance, parental
involvement, and professional development.
(2) In reviewing the progress of an LEA, the SEA may, in the case
of targeted assistance schools served by the LEA, consider the progress
only of the students served or eligible for services under this
subpart, provided the students selected for services in such schools
are those with the greatest need for special assistance, consistent
with the requirements of section 1115 of the ESEA.
(b) Rewards. If an LEA has exceeded AYP as defined under Sec. Sec.
200.13 through 200.20 for two consecutive years, the SEA may--
(1) Reserve funds in accordance with Sec. 200.100(c); and
(2) Make rewards of the kinds described under section 1117 of the
ESEA.
(c) Opportunity for review of LEA-level data. (1) Before
identifying an LEA for improvement or corrective action, the SEA must
provide the LEA with an opportunity to review the data, including
academic assessment data, on which the SEA has based the proposed
identification.
(2)(i) If the LEA believes that the proposed identification is in
error for statistical or other substantive reasons, the LEA may provide
supporting evidence to the SEA.
(ii) The SEA must consider the evidence before making a final
determination not later than 30 days after it has provided the LEA with
the opportunity to review the data under paragraph (c)(1) of this
section.
(d) Identification for improvement. (1)(i) The SEA must identify
for
[[Page 31705]]
improvement an LEA that, for two consecutive years, including the
period immediately before January 8, 2002, fails to make AYP as defined
in the SEA's plan under section 1111(b)(2) of the ESEA.
(ii) In identifying LEAs for improvement, an SEA--
(A) May base identification on whether an LEA did not make AYP
because it did not meet the annual measurable objectives for the same
subject or meet the same other academic indicator for two consecutive
years; but
(B) May not limit identification to those LEAs that did not make
AYP only because they did not meet the annual measurable objectives for
the same subject or meet the same other academic indicator for the same
subgroup under Sec. 200.13(b)(7)(ii) for two consecutive years.
(2) The SEA must identify for improvement an LEA that was in
improvement status on January 7, 2002.
(3)(i) The SEA may identify an LEA for improvement if, on the basis
of assessments the LEA administers during the 2001-2002 school year,
the LEA fails to make AYP for a second consecutive year.
(ii) An SEA that does not identify such an LEA for improvement,
however, must count the 2001-2002 school year as the first year of not
making AYP for the purpose of subsequent identification decisions under
paragraph (d)(1) of this section.
(4) The SEA may remove an LEA from improvement status if, on the
basis of assessments the LEA administers during the 2001-2002 school
year, the LEA makes AYP for a second consecutive year.
(e) Identification for corrective action. After providing technical
assistance under Sec. 200.52(b), the SEA--
(1) May take corrective action at any time with respect to an LEA
that the SEA has identified for improvement under paragraph (d) of this
section;
(2) Must take corrective action--
(i) With respect to an LEA that fails to make AYP, as defined under
Sec. Sec. 200.13 through 200.20, by the end of the second full school
year following the year in which the LEA administered the assessments
that resulted in the LEA's failure to make AYP for a second consecutive
year and led to the SEA's identification of the LEA for improvement
under paragraph (d) of this section; and
(ii) With respect to an LEA that was in corrective action status on
January 7, 2002; and
(3) May remove an LEA from corrective action if, on the basis of
assessments administered by the LEA during the 2001-2002 school year,
it makes AYP for a second consecutive year.
(f) Delay of corrective action. (1) The SEA may delay
implementation of corrective action under Sec. 200.53 for a period not
to exceed one year if--
(i) The LEA makes AYP for one year; or
(ii) The LEA's failure to make AYP is due to exceptional or
uncontrollable circumstances, such as a natural disaster or a
precipitous and unforeseen decline in the LEA's financial resources.
(2)(i) The SEA may not take into account the period of delay
referred to in paragraph (f)(1) of this section in determining the
number of consecutive years the LEA has failed to make AYP; and
(ii) The SEA must subject the LEA to further actions following the
period of delay as if the delay never occurred.
(g) Continuation of public school choice and supplemental
educational services. An SEA must ensure that an LEA identified under
paragraph (d) or (e) of this section continues to offer public school
choice in accordance with Sec. 200.44 and supplemental educational
services in accordance with Sec. 200.45.
(h) Removal from improvement or corrective action status. If an LEA
makes AYP for two consecutive years following identification for
improvement under paragraph (d) or corrective action under paragraph
(e) of this section, the SEA need no longer--
(1) Identify the LEA for improvement; or
(2) Subject the LEA to corrective action for the succeeding school
year.
(Authority: 20 U.S.C. 6316(c))
0
41. Add Sec. 200.51 to read as follows:
Sec. 200.51 Notice of SEA action.
(a) In general. (1) An SEA must--
(i) Communicate with parents throughout the review of an LEA under
Sec. 200.50; and
(ii) Ensure that, regardless of the method or media used, it
provides information to parents--
(A) In an understandable and uniform format, including alternative
formats upon request; and
(B) To the extent practicable, in a language that parents can
understand.
(2) The SEA must provide information to the parents of each student
enrolled in a school served by the LEA--
(i) Directly, through such means as regular mail or email, except
that if an SEA does not have access to individual student addresses, it
may provide information to the LEA or school for distribution to
parents; and
(ii) Through broader means of dissemination such as the internet,
the media, and public agencies serving the student population and their
families.
(3) All communications must respect the privacy of students and
their families.
(b) Results of review. The SEA must promptly publicize and
disseminate to the LEAs, teachers and other staff, the parents of each
student enrolled in a school served by the LEA, students, and the
community the results of its review under Sec. 200.50, including
statistically sound disaggregated results in accordance with Sec. Sec.
200.2 and 200.7.
(c) Identification for improvement or corrective action. If the SEA
identifies an LEA for improvement or subjects the LEA to corrective
action, the SEA must promptly provide to the parents of each student
enrolled in a school served by the LEA--
(1) The reasons for the identification; and
(2) An explanation of how parents can participate in improving the
LEA.
(d) Information about action taken. (1) The SEA must publish, and
disseminate to the parents of each student enrolled in a school served
by the LEA and to the public, information on any corrective action the
SEA takes under Sec. 200.53.
(2) The SEA must provide this information--
(i) In a uniform and understandable format, including alternative
formats upon request; and
(ii) To the extent practicable, in a language that parents can
understand.
(3) The SEA must disseminate the information through such means as
the internet, the media, and public agencies.
(Authority: 20 U.S.C. 6316(c))
0
42. Add Sec. 200.52 to read as follows:
Sec. 200.52 LEA improvement.
(a) Improvement plan. (1) Not later than 3 months after an SEA has
identified an LEA for improvement under Sec. 200.50(d), the LEA must
develop or revise an LEA improvement plan.
(2) The LEA must consult with parents, school staff, and others in
developing or revising its improvement plan.
(3) The LEA improvement plan must--
(i) Incorporate strategies, grounded in scientifically based
research, that will strengthen instruction in core academic subjects in
schools served by the LEA;
(ii) Identify actions that have the greatest likelihood of
improving the achievement of participating children in meeting the
State's student academic achievement standards;
(iii) Address the professional development needs of the
instructional
[[Page 31706]]
staff serving the LEA by committing to spend for professional
development not less than 10 percent of the funds received by the LEA
under subpart A of this part for each fiscal year in which the SEA
identifies the LEA for improvement. These funds--
(A) May include funds reserved by schools for professional
development under Sec. 200.41(c)(5); but
(B) May not include funds reserved for professional development
under section 1119 of the ESEA;
(iv) Include specific measurable achievement goals and targets--
(A) For each of the groups of students under Sec. 200.13(b)(7);
and
(B) That are consistent with AYP as defined under Sec. Sec. 200.13
through 200.20;
(v) Address--
(A) The fundamental teaching and learning needs in the schools of
the LEA; and
(B) The specific academic problems of low-achieving students,
including a determination of why the LEA's previous plan failed to
bring about increased student academic achievement;
(vi) As appropriate, incorporate activities before school, after
school, during the summer, and during any extension of the school year;
(vii) Specify the responsibilities of the SEA and LEA under the
plan, including the technical assistance the SEA must provide under
paragraph (b) of this section and the LEA's responsibilities under
section 1120A of the ESEA; and
(viii) Include strategies to promote effective parental involvement
in the schools served by the LEA.
(4) The LEA must implement the improvement plan--including any
revised plan--expeditiously, but not later than the beginning of the
school year following the year in which the LEA administered the
assessments that resulted in the LEA's failure to make AYP for a second
consecutive year and led to the SEA's identification of the LEA for
improvement under Sec. 200.50(d).
(b) SEA technical assistance. (1) An SEA that identifies an LEA for
improvement under Sec. 200.50(d) must, if requested, provide or
arrange for the provision of technical or other assistance to the LEA,
as authorized under section 1117 of the ESEA.
(2) The purpose of the technical assistance is to better enable the
LEA to--
(i) Develop and implement its improvement plan; and
(ii) Work with schools needing improvement.
(3) The technical assistance provided by the SEA or an entity
authorized by the SEA must--
(i) Be supported by effective methods and instructional strategies
grounded in scientifically based research; and
(ii) Address problems, if any, in implementing the parental
involvement and professional development activities described in
sections 1118 and 1119, respectively, of the ESEA.
(Authority: 20 U.S.C. 6316(c))
0
43. Add Sec. 200.53 to read as follows:
Sec. 200.53 LEA corrective action.
(a) Definition. For the purposes of this section, the term
``corrective action'' means action by an SEA that--
(1) Substantially and directly responds to--
(i) The consistent academic failure that caused the SEA to identify
an LEA for corrective action; and
(ii) Any underlying staffing, curriculum, or other problems in the
LEA;
(2) Is designed to meet the goal that each group of students
described in Sec. 200.13(b)(7) and enrolled in the LEA's schools will
meet or exceed the State's proficient levels of achievement as measured
by the State assessment system; and
(3) Is consistent with State law.
(b) Notice and hearing. Before implementing any corrective action
under paragraph (c) of this section, the SEA must provide notice and a
hearing to the affected LEA--if State law provides for this notice and
hearing--not later than 45 days following the decision to take
corrective action.
(c) Requirements. If the SEA identifies an LEA for corrective
action, the SEA must do the following:
(1) Continue to make available technical assistance to the LEA.
(2) Take at least one of the following corrective actions:
(i) Defer programmatic funds or reduce administrative funds.
(ii) Institute and fully implement a new curriculum based on State
and local content and academic achievement standards, including the
provision of appropriate professional development for all relevant
staff that--
(A) Is grounded in scientifically based research; and
(B) Offers substantial promise of improving educational achievement
for low-achieving students.
(iii) Replace the LEA personnel who are relevant to the failure to
make AYP.
(iv) Remove particular schools from the jurisdiction of the LEA and
establish alternative arrangements for public governance and
supervision of these schools.
(v) Appoint a receiver or trustee to administer the affairs of the
LEA in place of the superintendent and school board.
(vi) Abolish or restructure the LEA.
(vii) In conjunction with at least one other action in paragraph
(c)(2) of this section--
(A) Authorize students to transfer from a school operated by the
LEA to a higher-performing public school operated by another LEA in
accordance with Sec. 200.44, and
(B) Provide to these students transportation, or the costs of
transportation, to the other school consistent with Sec. 200.44(h).
(Authority: 20 U.S.C. 6316(c)(10))
Sec. 200.54 [Amended]
0
44. Revise the undesignated center heading following reserved Sec.
200.54 to read as follows:
Qualifications of Teachers and Paraprofessionals
0
45. Revise Sec. 200.55 to read as follows:
Sec. 200.55 Qualifications of teachers.
(a) Newly hired teachers in Title I programs. (1) An LEA must
ensure that all teachers hired after the first day of the 2002-2003
school year who teach core academic subjects in a program supported
with funds under subpart A of this part are highly qualified as defined
in Sec. 200.56.
(2) For the purpose of paragraph (a)(1) of this section, a teacher
teaching in a program supported with funds under subpart A of this part
is--
(i) A teacher in a targeted assisted school who is paid with funds
under subpart A of this part;
(ii) A teacher in a schoolwide program school; or
(iii) A teacher employed by an LEA with funds under subpart A of
this part to provide services to eligible private school students under
Sec. 200.62.
(b) All teachers of core academic subjects. (1) Not later than the
end of the 2005-2006 school year, each State that receives funds under
subpart A of this part, and each LEA in that State, must ensure that
all public elementary and secondary school teachers in the State who
teach core academic subjects, including teachers employed by an LEA to
provide services to eligible private school students under Sec.
200.62, are highly qualified as defined in Sec. 200.56.
(2) A teacher who does not teach a core academic subject--such as
some vocational education teachers--is not required to meet the
requirements in Sec. 200.56.
(c) Definition. The term ``core academic subjects'' means English,
reading or language arts, mathematics,
[[Page 31707]]
science, foreign languages, civics and government, economics, arts,
history, and geography.
(d) Private school teachers. The requirements in this section do
not apply to teachers hired by private elementary and secondary
schools.
(Authority: 20 U.S.C. 6319; 7801(11))
0
46. Revise Sec. 200.56 to read as follows:
Sec. 200.56 Definition of ``highly qualified teacher.''
A teacher described in Sec. 200.55(a) and (b)(1) is a ``highly
qualified teacher'' if the teacher meets the requirements in paragraph
(a) and paragraphs (b), (c), or (d) of this section.
(a) In general. (1) Except as provided in paragraph (a)(3) of this
section, a teacher covered under Sec. 200.55 must--
(i) Have obtained full State certification as a teacher, which may
include certification obtained through alternative routes to
certification; or
(ii)(A) Have passed the State teacher licensing examination; and
(B) Hold a license to teach in the State.
(2) A teacher meets the requirement in paragraph (a)(1) of this
section if the teacher--
(i) Has fulfilled the State's certification and licensure
requirements applicable to the years of experience the teacher
possesses; or
(ii) Is participating in an alternative route to certification
program under which--
(A) The teacher--
(1) Receives high-quality professional development that is
sustained, intensive, and classroom-focused in order to have a positive
and lasting impact on classroom instruction, before and while teaching;
(2) Participates in a program of intensive supervision that
consists of structured guidance and regular ongoing support for
teachers or a teacher mentoring program;
(3) Assumes functions as a teacher only for a specified period of
time not to exceed three years; and
(4) Demonstrates satisfactory progress toward full certification as
prescribed by the State; and
(B) The State ensures, through its certification and licensure
process, that the provisions in paragraph (a)(2)(ii) of this section
are met.
(3) A teacher teaching in a public charter school in a State must
meet the certification and licensure requirements, if any, contained in
the State's charter school law.
(4) If a teacher has had certification or licensure requirements
waived on an emergency, temporary, or provisional basis, the teacher is
not highly qualified.
(b) Teachers new to the profession. A teacher covered under Sec.
200.55 who is new to the profession also must--
(1) Hold at least a bachelor's degree; and
(2) At the public elementary school level, demonstrate, by passing
a rigorous State test (which may consist of passing a State
certification or licensing test), subject knowledge and teaching skills
in reading/language arts, writing, mathematics, and other areas of the
basic elementary school curriculum; or
(3) At the public middle and high school levels, demonstrate a high
level of competency by--
(i) Passing a rigorous State test in each academic subject in which
the teacher teaches (which may consist of passing a State certification
or licensing test in each of these subjects); or
(ii) Successfully completing in each academic subject in which the
teacher teaches--
(A) An undergraduate major;
(B) A graduate degree;
(C) Coursework equivalent to an undergraduate major; or
(D) Advanced certification or credentialing.
(c) Teachers not new to the profession. A teacher covered under
Sec. 200.55 who is not new to the profession also must--
(1) Hold at least a bachelor's degree; and
(2)(i) Meet the applicable requirements in paragraph (b)(2) or (3)
of this section; or
(ii) Based on a high, objective, uniform State standard of
evaluation in accordance with section 9101(23)(C)(ii) of the ESEA,
demonstrate competency in each academic subject in which the teacher
teaches.
(d) A special education teacher is a ``highly qualified teacher''
under the Act if the teacher meets the requirements for a ``highly
qualified special education teacher'' in 34 CFR 300.18.
(Authority: 20 U.S.C. 1401(10); 7801(23))
0
47. Revise Sec. 200.57 to read as follows:
Sec. 200.57 Plans to increase teacher quality.
(a) State plan. (1) A State that receives funds under subpart A of
this part must develop, as part of its State plan under section 1111 of
the ESEA, a plan to ensure that all public elementary and secondary
school teachers in the State who teach core academic subjects are
highly qualified not later than the end of the 2005-2006 school year.
(2) The State's plan must--
(i) Establish annual measurable objectives for each LEA and school
that include, at a minimum, an annual increase in the percentage of--
(A) Highly qualified teachers at each LEA and school; and
(B) Teachers who are receiving high-quality professional
development to enable them to become highly qualified and effective
classroom teachers;
(ii) Describe the strategies the State will use to--
(A) Help LEAs and schools meet the requirements in paragraph (a)(1)
of this section; and
(B) Monitor the progress of LEAs and schools in meeting these
requirements; and
(iii) Until the SEA fully complies with paragraph (a)(1) of this
section, describe the specific steps the SEA will take to--
(A) Ensure that Title I schools provide instruction by highly
qualified teachers, including steps that the SEA will take to ensure
that minority children and children from low-income families are not
taught at higher rates than other children by inexperienced,
unqualified, or out-of-field teachers; and
(B) Evaluate and publicly report the progress of the SEA with
respect to these steps.
(3) The State's plan may include other measures that the State
determines are appropriate to increase teacher qualifications.
(b) Local plan. An LEA that receives funds under subpart A of this
part must develop, as part of its local plan under section 1112 of the
ESEA, a plan to ensure that--
(1) All public elementary and secondary school teachers in the LEA
who teach core academic subjects, including teachers employed by the
LEA to provide services to eligible private school students under Sec.
200.62, are highly qualified not later than the end of the 2005-2006
school year; and
(2) Through incentives for voluntary transfers, professional
development, recruitment programs, or other effective strategies,
minority students and students from low-income families are not taught
at higher rates than other students by unqualified, out-of-field, or
inexperienced teachers.
(Authority: 20 U.S.C. 6311(b)(8)(C), 6312(c)(1)(I), (L); 6319(a)(2)-
(3); 7801(34))
0
48. Revise Sec. 200.58 to read as follows:
Sec. 200.58 Qualifications of paraprofessionals.
(a) Applicability. (1) An LEA must ensure that each
paraprofessional who is hired by the LEA and who works in a program
supported with funds under subpart A of this part meets the
requirements in paragraph (b) of this section and, except as provided
in paragraph (e) of this section, the requirements in either paragraph
(c) or (d) of this section.
[[Page 31708]]
(2) For the purpose of this section, the term
``paraprofessional''--
(i) Means an individual who provides instructional support
consistent with Sec. 200.59; and
(ii) Does not include individuals who have only non-instructional
duties (such as providing technical support for computers, providing
personal care services, or performing clerical duties).
(3) For the purpose of paragraph (a) of this section, a
paraprofessional working in ``a program supported with funds under
subpart A of this part'' is--
(i) A paraprofessional in a targeted assisted school who is paid
with funds under subpart A of this part;
(ii) A paraprofessional in a schoolwide program school; or
(iii) A paraprofessional employed by an LEA with funds under
subpart A of this part to provide instructional support to a public
school teacher covered under Sec. 200.55 who provides equitable
services to eligible private school students under Sec. 200.62.
(b) All paraprofessionals. A paraprofessional covered under
paragraph (a) of this section, regardless of the paraprofessional's
hiring date, must have earned a secondary school diploma or its
recognized equivalent.
(c) New paraprofessionals. A paraprofessional covered under
paragraph (a) of this section who is hired after January 8, 2002 must
have--
(1) Completed at least two years of study at an institution of
higher education;
(2) Obtained an associate's or higher degree; or
(3)(i) Met a rigorous standard of quality, and can demonstrate--
through a formal State or local academic assessment--knowledge of, and
the ability to assist in instructing, as appropriate--
(A) Reading/language arts, writing, and mathematics; or
(B) Reading readiness, writing readiness, and mathematics
readiness.
(ii) A secondary school diploma or its recognized equivalent is
necessary, but not sufficient, to meet the requirement in paragraph
(c)(3)(i) of this section.
(d) Existing paraprofessionals. Each paraprofessional who was hired
on or before January 8, 2002 must meet the requirements in paragraph
(c) of this section no later than January 8, 2006.
(e) Exceptions. A paraprofessional does not need to meet the
requirements in paragraph (c) or (d) of this section if the
paraprofessional--
(1)(i) Is proficient in English and a language other than English;
and
(ii) Acts as a translator to enhance the participation of limited
English proficient children under subpart A of this part; or
(2) Has instructional-support duties that consist solely of
conducting parental involvement activities.
(Authority: 20 U.S.C. 6319(c)-(f))
0
49. Revise Sec. 200.59 to read as follows:
Sec. 200.59 Duties of paraprofessionals.
(a) A paraprofessional covered under Sec. 200.58 may not be
assigned a duty inconsistent with paragraph (b) of this section.
(b) A paraprofessional covered under Sec. 200.58 may perform the
following instructional support duties:
(1) One-on-one tutoring for eligible students if the tutoring is
scheduled at a time when a student would not otherwise receive
instruction from a teacher.
(2) Assisting in classroom management.
(3) Assisting in computer instruction.
(4) Conducting parent involvement activities.
(5) Providing instructional support in a library or media center.
(6) Acting as a translator.
(7) Providing instructional support services.
(c)(1) A paraprofessional may not provide instructional support to
a student unless the paraprofessional is working under the direct
supervision of a teacher who meets the requirements in Sec. 200.56.
(2) A paraprofessional works under the direct supervision of a
teacher if--
(i) The teacher plans the instructional activities that the
paraprofessional carries out;
(ii) The teacher evaluates the achievement of the students with
whom the paraprofessional is working; and
(iii) The paraprofessional works in close and frequent physical
proximity to the teacher.
(d) A paraprofessional may assume limited duties that are assigned
to similar personnel who are not working in a program supported with
funds under subpart A of this part--including non-instructional duties
and duties that do not benefit participating students--if the amount of
time the paraprofessional spends on those duties is the same proportion
of total work time as the time spent by similar personnel at the same
school.
(Authority: 20 U.S.C. 6319(g))
0
50. Revise Sec. 200.60 to read as follows:
Sec. 200.60 Expenditures for professional development.
(a)(1) Except as provided in paragraph (a)(2) of this section, an
LEA must use funds it receives under subpart A of this part as follows
for professional development activities to ensure that teachers and
paraprofessionals meet the requirements of Sec. Sec. 200.56 and
200.58:
(i) For each of fiscal years 2002 and 2003, the LEA must use not
less than 5 percent or more than 10 percent of the funds it receives
under subpart A of this part.
(ii) For each fiscal year after 2003, the LEA must use not less
than 5 percent of the funds it receives under subpart A of this part.
(2) An LEA is not required to spend the amount required in
paragraph (a)(1) of this section for a given fiscal year if a lesser
amount is sufficient to ensure that the LEA's teachers and
paraprofessionals meet the requirements in Sec. Sec. 200.56 and
200.58, respectively.
(b) The LEA may use additional funds under subpart A of this part
to support ongoing training and professional development, as defined in
section 9101(34) of the ESEA, to assist teachers and paraprofessionals
in carrying out activities under subpart A of this part.
(Authority: 20 U.S.C. 6319(h), (l); 7801(34))
0
51. Add Sec. 200.61 to read as follows:
Sec. 200.61 Parents' right to know.
(a) At the beginning of each school year, an LEA that receives
funds under subpart A of this part must notify the parents of each
student attending a Title I school that the parents may request, and
the LEA will provide the parents on request, information regarding the
professional qualifications of the student's classroom teachers,
including, at a minimum, the following:
(1) Whether the teacher has met State qualification and licensing
criteria for the grade levels and subject areas in which the teacher
provides instruction.
(2) Whether the teacher is teaching under emergency or other
provisional status through which State qualification or licensing
criteria have been waived.
(3) The baccalaureate degree major of the teacher and any other
graduate certification or degree held by the teacher, and the field of
discipline of the certification or degree.
(4) Whether the child is provided services by paraprofessionals
and, if so, their qualifications.
(b) A school that participates under subpart A of this part must
provide to each parent--
(1) Information on the level of achievement of the parent's child
in each of the State academic assessments required under Sec. 200.2;
(2) Timely notice that the parent's child has been assigned, or has
been taught for four or more consecutive weeks by, a teacher of a core
academic subject who is not highly qualified.
[[Page 31709]]
(c) An LEA and school must provide the notice and information
required under this section--
(1) In a uniform and understandable format, including alternative
formats upon request; and
(2) To the extent practicable, in a language that parents can
understand.
Sec. 200.61 [Amended]
0
52. Add an undesignated center heading ``Participation of Eligible
Children in Private Schools'' following Sec. 200.61.
(Authority: 20 U.S.C. 6311(h)(6))
0
53. Add Sec. 200.62 to read as follows:
Sec. 200.62 Responsibilities for providing services to private school
children.
(a) After timely and meaningful consultation with appropriate
officials of private schools, an LEA must--
(1) In accordance with Sec. Sec. 200.62 through 200.67 and section
1120 of the ESEA, provide special educational services or other
benefits under subpart A of this part, on an equitable basis and in a
timely manner, to eligible children who are enrolled in private
elementary and secondary schools; and
(2) Ensure that teachers and families of participating private
school children participate on a basis equitable to the participation
of teachers and families of public school children receiving these
services in accordance with Sec. 200.65.
(b)(1) Eligible private school children are children who--
(i) Reside in participating public school attendance areas of the
LEA, regardless of whether the private school they attend is located in
the LEA; and
(ii) Meet the criteria in section 1115(b) of the ESEA.
(2) Among the eligible private school children, the LEA must select
children to participate, consistent with Sec. 200.64.
(c) The services and other benefits an LEA provides under this
section must be secular, neutral and nonideological.
Sec. 200.62 [Amended]
0
54. Remove the undesignated center heading ``Allocations to LEAs''
following Sec. 200.62.
(Authority: 20 U.S.C. 6315(b); 6320(a))
0
55. Revise Sec. 200.63 to read as follows:
Sec. 200.63 Consultation.
(a) In order to have timely and meaningful consultation, an LEA
must consult with appropriate officials of private schools during the
design and development of the LEA's program for eligible private school
children.
(b) At a minimum, the LEA must consult on the following:
(1) How the LEA will identify the needs of eligible private school
children.
(2) What services the LEA will offer to eligible private school
children.
(3) How and when the LEA will make decisions about the delivery of
services.
(4) How, where, and by whom the LEA will provide services to
eligible private school children.
(5) How the LEA will assess academically the services to eligible
private school children in accordance with Sec. 200.10, and how the
LEA will use the results of that assessment to improve Title I
services.
(6) The size and scope of the equitable services that the LEA will
provide to eligible private school children, and, consistent with Sec.
200.64, the proportion of funds that the LEA will allocate for these
services.
(7) The method or sources of data that the LEA will use under Sec.
200.78 to determine the number of private school children from low-
income families residing in participating public school attendance
areas, including whether the LEA will extrapolate data if a survey is
used.
(8) The equitable services the LEA will provide to teachers and
families of participating private school children.
(c)(1) Consultation by the LEA must--
(i) Include meetings of the LEA and appropriate officials of the
private schools; and
(ii) Occur before the LEA makes any decision that affects the
opportunity of eligible private school children to participate in Title
I programs.
(2) The LEA must meet with officials of the private schools
throughout the implementation and assessment of the Title I services.
(d)(1) Consultation must include--
(i) A discussion of service delivery mechanisms the LEA can use to
provide equitable services to eligible private school children; and
(ii) A thorough consideration and analysis of the views of the
officials of the private schools on the provision of services through a
contract with a third-party provider.
(2) If the LEA disagrees with the views of the officials of the
private schools on the provision of services through a contract, the
LEA must provide in writing to the officials of the private schools the
reasons why the LEA chooses not to use a contractor.
(e)(1) The LEA must maintain in its records and provide to the SEA
a written affirmation, signed by officials of each private school with
participating children or appropriate private school representatives,
that the required consultation has occurred.
(2) If the officials of the private schools do not provide the
affirmations within a reasonable period of time, the LEA must submit to
the SEA documentation that the required consultation occurred.
(f) An official of a private school has the right to complain to
the SEA that the LEA did not--
(1) Engage in timely and meaningful consultation; or
(2) Consider the views of the official of the private school.
(Authority: 20 U.S.C. 6320(b))
0
56. Revise Sec. 200.64 to read as follows:
Sec. 200.64 Factors for determining equitable participation of
private school children.
(a) Equal expenditures. (1) Funds expended by an LEA under subpart
A of this part for services for eligible private school children in the
aggregate must be equal to the amount of funds generated by private
school children from low-income families under paragraph (a)(2) of this
section.
(2) An LEA must meet this requirement as follows:
(i)(A) If the LEA reserves funds under Sec. 200.77 to provide
instructional and related activities for public elementary or secondary
school students at the district level, the LEA must also provide from
those funds, as applicable, equitable services to eligible private
school children.
(B) The amount of funds available to provide equitable services
from the applicable reserved funds must be proportionate to the number
of private school children from low-income families residing in
participating public school attendance areas.
(ii) The LEA must reserve the funds generated by private school
children under Sec. 200.78 and, in consultation with appropriate
officials of the private schools, may--
(A) Combine those amounts, along with funds under paragraph
(a)(2)(i) of this section, if appropriate, to create a pool of funds
from which the LEA provides equitable services to eligible private
school children, in the aggregate, in greatest need of those services;
or
(B) Provide equitable services to eligible children in each private
school with the funds generated by children from low-income families
under Sec. 200.78 who attend that private school.
(b) Services on an equitable basis. (1) The services that an LEA
provides to eligible private school children must be equitable in
comparison to the services and other benefits that the LEA provides to
public school children participating under subpart A of this part.
(2) Services are equitable if the LEA--
[[Page 31710]]
(i) Addresses and assesses the specific needs and educational
progress of eligible private school children on a comparable basis as
public school children;
(ii) Meets the equal expenditure requirements under paragraph (a)
of section; and
(iii) Provides private school children with an opportunity to
participate that--
(A) Is equitable to the opportunity provided to public school
children; and
(B) Provides reasonable promise of the private school children
achieving the high levels called for by the State's student academic
achievement standards or equivalent standards applicable to the private
school children.
(3)(i) The LEA may provide services to eligible private school
children either directly or through arrangements with another LEA or a
third-party provider.
(ii) If the LEA contracts with a third-party provider--
(A) The provider must be independent of the private school and of
any religious organization; and
(B) The contract must be under the control and supervision of the
LEA.
(4) After timely and meaningful consultation under Sec. 200.63,
the LEA must make the final decisions with respect to the services it
will provide to eligible private school children.
(Authority: 20 U.S.C. 6320)
0
57. Revise Sec. 200.65 to read as follows:
Sec. 200.65 Determining equitable participation of teachers and
families of participating private school children.
(a)(1) From applicable funds reserved for parent involvement and
professional development under Sec. 200.77, an LEA shall ensure that
teachers and families of participating private school children
participate on an equitable basis in professional development and
parent involvement activities, respectively.
(2) The amount of funds available to provide equitable services
from the applicable reserved funds must be proportionate to the number
of private school children from low-income families residing in
participating public school attendance areas.
(b) After consultation with appropriate officials of the private
schools, the LEA must conduct professional development and parent
involvement activities for the teachers and families of participating
private school children either--
(1) In conjunction with the LEA's professional development and
parent involvement activities; or
(2) Independently.
(c) Private school teachers are not covered by the requirements in
Sec. 200.56.
(Authority: 20 U.S.C. 6320(a))
0
58. Revise Sec. 200.66 to read as follows:
Sec. 200.66 Requirements to ensure that funds do not benefit a
private school.
(a) An LEA must use funds under subpart A of this part to provide
services that supplement, and in no case supplant, the services that
would, in the absence of Title I services, be available to
participating private school children.
(b)(1) The LEA must use funds under subpart A of this part to meet
the special educational needs of participating private school children.
(2) The LEA may not use funds under subpart A of this part for--
(i) The needs of the private school; or
(ii) The general needs of children in the private school.
(Authority: 20 U.S.C. 6320(a), 6321(b))
0
59. Revise Sec. 200.67 to read as follows:
Sec. 200.67 Requirements concerning property, equipment, and supplies
for the benefit of private school children.
(a) The LEA must keep title to and exercise continuing
administrative control of all property, equipment, and supplies that
the LEA acquires with funds under subpart A of this part for the
benefit of eligible private school children.
(b) The LEA may place equipment and supplies in a private school
for the period of time needed for the program.
(c) The LEA must ensure that the equipment and supplies placed in a
private school--
(1) Are used only for Title I purposes; and
(2) Can be removed from the private school without remodeling the
private school facility.
(d) The LEA must remove equipment and supplies from a private
school if--
(1) The LEA no longer needs the equipment and supplies to provide
Title I services; or
(2) Removal is necessary to avoid unauthorized use of the equipment
or supplies for other than Title I purposes.
(e) The LEA may not use funds under subpart A of this part for
repairs, minor remodeling, or construction of private school
facilities.
Sec. 200.68 [Removed and Reserved]
0
60. Remove and reserve Sec. 200.68.
Sec. 200.69 [Amended]
0
61. Revise the undesignated center heading following reserved Sec.
200.69 to read as follows:
Allocations to LEAs
0
62. Revise Sec. 200.70 to read as follows:
Sec. 200.70 Allocation of funds to LEAs in general.
(a) The Secretary allocates basic grants, concentration grants,
targeted grants, and education finance incentive grants, through SEAs,
to each eligible LEA for which the Bureau of the Census has provided
data on the number of children from low-income families residing in the
school attendance areas of the LEA (hereinafter referred to as the
``Census list'').
(b) In establishing eligibility and allocating funds under
paragraph (a) of this section, the Secretary counts children ages 5 to
17, inclusive (hereinafter referred to as ``formula children'')--
(1) From families below the poverty level based on the most recent
satisfactory data available from the Bureau of the Census;
(2) From families above the poverty level receiving assistance
under the Temporary Assistance for Needy Families program under Title
IV of the Social Security Act;
(3) Being supported in foster homes with public funds; and
(4) Residing in local institutions for neglected children.
(c) Except as provided in Sec. Sec. 200.72, 200.75, and 200.100,
an SEA may not change the Secretary's allocation to any LEA that serves
an area with a total census population of at least 20,000 persons.
(d) In accordance with Sec. 200.74, an SEA may use an alternative
method, approved by the Secretary, to distribute the State's share of
basic grants, concentration grants, targeted grants, and education
finance incentive grants to LEAs that serve an area with a total census
population of less than 20,000 persons.
(Authority: 20 U.S.C. 6333-6337)
0
63. Revise Sec. 200.71 to read as follows:
Sec. 200.71 LEA eligibility.
(a) Basic grants. An LEA is eligible for a basic grant if the
number of formula children is--
(1) At least 10; and
(2) Greater than two percent of the LEA's total population ages 5
to 17 years, inclusive.
(b) Concentration grants. An LEA is eligible for a concentration
grant if--
(1) The LEA is eligible for a basic grant under paragraph (a) of
this section; and
(2) The number of formula children exceeds--
(i) 6,500; or
(ii) 15 percent of the LEA's total population ages 5 to 17 years,
inclusive.
[[Page 31711]]
(c) Targeted grants. An LEA is eligible for a targeted grant if the
number of formula children is--
(1) At least 10; and
(2) At least five percent of the LEA's total population ages 5 to
17 years, inclusive.
(d) Education finance incentive grants. An LEA is eligible for an
education finance incentive grant if the number of formula children
is--
(1) At least 10; and
(2) At least five percent of the LEA's total population ages 5 to
17 years, inclusive.
(Authority: 20 U.S.C. 6333-6337)
Sec. 200.71 [Amended]
0
64. Remove the undesignated center heading ``Fiscal Requirements''
following Sec. 200.71.
0
65. Add Sec. 200.72 to read as follows:
Sec. 200.72 Procedures for adjusting allocations determined by the
Secretary to account for eligible LEAs not on the Census list.
(a) General. For each LEA not on the Census list (hereinafter
referred to as a ``new'' LEA), an SEA must determine the number of
formula children and the number of children ages 5 to 17, inclusive, in
that LEA.
(b) Determining LEA eligibility. An SEA must determine basic grant,
concentration grant, targeted grant, and education finance incentive
grant eligibility for each new LEA and re-determine eligibility for the
LEAs on the Census list, as appropriate, based on the number of formula
children and children ages 5 to 17, inclusive, determined in paragraph
(a) of this section.
(c) Adjusting LEA allocations. An SEA must adjust the LEA
allocations calculated by the Secretary to determine allocations for
eligible new LEAs based on the number of formula children determined in
paragraph (a) of this section.
(Authority: 20 U.S.C. 6333-6337)
0
66. Revise Sec. 200.73 to read as follows:
Sec. 200.73 Applicable hold-harmless provisions.
(a) General. (1) Except as authorized under paragraph (c) of this
section and Sec. 200.100(d)(2), an SEA may not reduce the allocation
of an eligible LEA below the hold-harmless amounts established under
paragraph (a)(4) of this section.
(2) The hold-harmless protection limits the maximum reduction of an
LEA's allocation compared to the LEA's allocation for the preceding
year.
(3) Except as provided in Sec. 200.100(d), an SEA must apply the
hold-harmless requirement separately for basic grants, concentration
grants, targeted grants, and education finance incentive grants as
described in paragraph (a)(4) of this section.
(4) Under section 1122(c) of the ESEA, the hold-harmless percentage
varies based on the LEA's proportion of formula children, as shown in
the following table:
------------------------------------------------------------------------
LEA's number of formula
children ages 5 to 17,
inclusive, as a percentage of Hold-harmless Applicable grant
its total population of percentage formulas
children ages 5 to 17,
inclusive
------------------------------------------------------------------------
(i) 30% or more................ 95 Basic Grants,
(ii) 15% or more but less than 90 Concentration Grants,
30%. 85 Targeted Grants, and
(iii) Less than 15%............ Education Finance
Incentive Grants.
------------------------------------------------------------------------
(b) Targeted grants and education finance incentive grants. The
number of formula children used to determine the hold-harmless
percentage is the number before applying the weights described in
section 1125 and section 1125A of the ESEA.
(c) Adjustment for insufficient funds. If the amounts made
available to the State are insufficient to pay the full amount that
each LEA is eligible to receive under paragraph (a)(4) of this section,
the SEA must ratably reduce the allocations for all LEAs in the State
to the amount available.
(d) Eligibility for hold-harmless protection. (1) An LEA must meet
the eligibility requirements for a basic grant, targeted grant, or
education finance incentive grant under Sec. 200.71 in order for the
applicable hold-harmless provision to apply.
(2) An LEA not meeting the eligibility requirements for a
concentration grant under Sec. 200.71 must be paid its hold-harmless
amount for four consecutive years.
(Authority: 20 U.S.C. 6332(c))
0
67. Add Sec. 200.74 to read as follows:
Sec. 200.74 Use of an alternative method to distribute grants to LEAs
with fewer than 20,000 residents.
(a) For eligible LEAs serving an area with a total census
population of less than 20,000 persons (hereinafter referred to as
``small LEAs''), an SEA may apply to the Secretary to use an
alternative method to distribute basic grant, concentration grant,
targeted grant, and education finance incentive grant funds.
(b) In its application, the SEA must--
(1) Identify the alternative data it proposes to use; and
(2) Assure that it has established a procedure through which a
small LEA that is dissatisfied with the determination of its grant may
appeal directly to the Secretary.
(c) The SEA must base its alternative method on population data
that best reflect the current distribution of children from low-income
families among the State's small LEAs and use the same poverty measure
consistently for small LEAs across the State for all Title I, part A
programs.
(d) Based on the alternative poverty data selected, the SEA must--
(1) Re-determine eligibility of its small LEAs for basic grants,
concentration grants, targeted grants, and education finance incentive
grants in accordance with Sec. 200.71;
(2) Calculate allocations for small LEAs in accordance with the
provisions of sections 1124, 1124A, 1125, and 1125A of the ESEA, as
applicable; and
(3) Ensure that each LEA receives the hold-harmless amount to which
it is entitled under Sec. 200.73.
(e) The amount of funds available for redistribution under each
formula is the separate amount determined by the Secretary under
sections 1124, 1124A, 1125, and 1125A of the ESEA for eligible small
LEAs after the SEA has made the adjustments required under Sec.
200.72(c).
(f) If the amount available for redistribution to small LEAs under
an alternative method is not sufficient to satisfy applicable hold-
harmless requirements, the SEA must ratably reduce all eligible small
LEAs to the amount available.
(Authority: 20 U.S.C. 6333-6337)
0
68. Add Sec. 200.75 to read as follows:
[[Page 31712]]
Sec. 200.75 Special procedures for allocating concentration grant
funds in small States.
(a) In a State in which the number of formula children is less than
0.25 percent of the national total on January 8, 2002 (hereinafter
referred to as a ``small State''), an SEA may either--
(1) Allocate concentration grants among eligible LEAs in the State
in accordance with Sec. Sec. 200.72 through 200.74, as applicable; or
(2) Without regard to the allocations determined by the Secretary--
(i) Identify those LEAs in which the number or percentage of
formula children exceeds the statewide average number or percentage of
those children; and
(ii) Allocate concentration grant funds, consistent with Sec.
200.73, among the LEAs identified in paragraph (a)(2)(i) of this
section based on the number of formula children in each of those LEAs.
(b) If the SEA in a small State uses an alternative method under
Sec. 200.74, the SEA must use the poverty data approved under the
alternative method to identify those LEAs with numbers or percentages
of formula children that exceed the statewide average number or
percentage of those children for the State as a whole.
(Authority: 20 U.S.C. 6334(b))
0
69. Add Sec. 200.77 to read as follows:
Sec. 200.77 Reservation of funds by an LEA.
Before allocating funds in accordance with Sec. 200.78, an LEA
must reserve funds as are reasonable and necessary to--
(a) Provide services comparable to those provided to children in
participating school attendance areas and schools to serve--
(1) Homeless children who do not attend participating schools,
including providing educationally related support services to children
in shelters and other locations where homeless children may live;
(2) Children in local institutions for neglected children; and
(3) If appropriate--
(i) Children in local institutions for delinquent children; and
(ii) Neglected and delinquent children in community-day school
programs;
(b) Provide, where appropriate under section 1113(c)(4) of the
ESEA, financial incentives and rewards to teachers who serve students
in Title I schools identified for school improvement, corrective
action, and restructuring for the purpose of attracting and retaining
qualified and effective teachers;
(c) Meet the requirements for choice-related transportation and
supplemental educational services in Sec. 200.48, unless the LEA meets
these requirements with non-Title I funds;
(d) Address the professional development needs of instructional
staff, including--
(1) Professional development requirements under Sec.
200.52(a)(3)(iii) if the LEA has been identified for improvement or
corrective action; and
(2) Professional development expenditure requirements under Sec.
200.60;
(e) Meet the requirements for parental involvement in section
1118(a)(3) of the ESEA;
(f) Administer programs for public and private school children
under this part, including special capital expenses, if any, incurred
in providing services to eligible private school children, such as--
(1) The purchase and lease of real and personal property (including
mobile educational units and neutral sites);
(2) Insurance and maintenance costs;
(3) Transportation; and
(4) Other comparable goods and services, including non-
instructional computer technicians; and
(g) Conduct other authorized activities, such as school improvement
and coordinated services.
(Authority: 20 U.S.C. 6313(c)(3) and (4), 6316(b)(10), (c)(7)(iii),
6318(a)(3), 6319(l), 6320, 7279d)
0
70. Add Sec. 200.78 to read as follows:
Sec. 200.78 Allocation of funds to school attendance areas and
schools.
(a)(1) An LEA must allocate funds under subpart A of this part to
school attendance areas and schools, identified as eligible and
selected to participate under section 1113(a) or (b) of the ESEA, in
rank order on the basis of the total number of children from low-income
families in each area or school.
(2)(i) In calculating the total number of children from low-income
families, the LEA must include children from low-income families who
attend private schools.
(ii) To obtain a count of private school children, the LEA may--
(A) Use the same poverty data the LEA uses to count public school
children;
(B)(1) Use comparable poverty data from a survey of families of
private school students that, to the extent possible, protects the
families' identity; and
(2) Extrapolate data from the survey based on a representative
sample if complete actual data are unavailable;
(C) Use comparable poverty data from a different source, such as
scholarship applications;
(D) Apply the low-income percentage of each participating public
school attendance area to the number of private school children who
reside in that school attendance area; or
(E) Use an equated measure of low income correlated with the
measure of low income used to count public school children.
(iii) An LEA may count private school children from low-income
families every year or every two years.
(iv) After timely and meaningful consultation in accordance with
Sec. 200.63, the LEA shall have the final authority in determining the
method used to calculate the number of private school children from
low-income families;
(3) If an LEA ranks its school attendance areas and schools by
grade span groupings, the LEA may determine the percentage of children
from low-income families in the LEA as a whole or for each grade span
grouping.
(b)(1) Except as provided in paragraphs (b)(2) and (d) of this
section, an LEA must allocate to each participating school attendance
area or school an amount for each low-income child that is at least 125
percent of the per-pupil amount of funds the LEA received for that year
under part A, subpart 2 of Title I. The LEA must calculate this per-
pupil amount before it reserves funds under Sec. 200.77, using the
poverty measure selected by the LEA under section 1113(a)(5) of the
ESEA.
(2) If an LEA is serving only school attendance areas or schools in
which the percentage of children from low-income families is 35 percent
or more, the LEA is not required to allocate a per-pupil amount of at
least 125 percent.
(c) An LEA is not required to allocate the same per-pupil amount to
each participating school attendance area or school provided the LEA
allocates higher per-pupil amounts to areas or schools with higher
concentrations of poverty than to areas or schools with lower
concentrations of poverty.
(d) An LEA may reduce the amount of funds allocated under this
section to a school attendance area or school if the area or school is
spending supplemental State or local funds for programs that meet the
requirements in Sec. 200.79(b).
(e) If an LEA contains two or more counties in their entirety, the
LEA must distribute to schools within each county a share of the LEA's
total grant that is no less than the county's share of the child count
used to calculate the LEA's grant.
[[Page 31713]]
Sec. 200.78 [Amended]
0
71. Add an undesignated center heading ``Fiscal Requirements''
following Sec. 200.78.
0
72. Add Sec. 200.79 to read as follows:
Sec. 200.79 Exclusion of supplemental State and local funds from
supplement, not supplant and comparability determinations.
(a) For the purpose of determining compliance with the supplement
not supplant requirement in section 1120A(b) and the comparability
requirement in section 1120A(c) of the ESEA, a grantee or subgrantee
under subpart A of this part may exclude supplemental State and local
funds spent in any school attendance area or school for programs that
meet the intent and purposes of Title I.
(b) A program meets the intent and purposes of Title I if the
program either--
(1)(i) Is implemented in a school in which the percentage of
children from low-income families is at least 40 percent;
(ii) Is designed to promote schoolwide reform and upgrade the
entire educational operation of the school to support students in their
achievement toward meeting the State's challenging academic achievement
standards that all students are expected to meet;
(iii) Is designed to meet the educational needs of all students in
the school, particularly the needs of students who are failing, or most
at risk of failing, to meet the State's challenging student academic
achievement standards; and
(iv) Uses the State's assessment system under Sec. 200.2 to review
the effectiveness of the program; or
(2)(i) Serves only students who are failing, or most at risk of
failing, to meet the State's challenging student academic achievement
standards;
(ii) Provides supplementary services designed to meet the special
educational needs of the students who are participating in the program
to support their achievement toward meeting the State's student
academic achievement standards; and
(iii) Uses the State's assessment system under Sec. 200.2 to
review the effectiveness of the program.
(c) The conditions in paragraph (b) of this section also apply to
supplemental State and local funds expended under section 1113(b)(1)(D)
and 1113(c)(2)(B) of the ESEA.
(Authority: 20 U.S.C. 6321(b)-(d))
PART 299--GENERAL PROVISIONS
0
73. The authority citation for part 299 is revised to read as follows:
Authority: 20 U.S.C. 1221e-3(a)(1), 6511(a), and 7373(b),
unless otherwise noted.
0
74. In Sec. 299.1 revise paragraph (a) to read as follows:
Sec. 299.1 What are the purpose and scope of these regulations?
(a) This part establishes uniform administrative rules for programs
in titles I through XIII of the Elementary and Secondary Education Act
of 1965, as amended (ESEA). As indicated in particular sections of this
part, certain provisions apply only to a specific group of programs.
* * * * *
Subpart G--[Removed]
0
75. Remove subpart G.
[FR Doc. 2017-12126 Filed 7-6-17; 8:45 am]
BILLING CODE 4000-01-P