34 CFR 200.50 - SEA review of LEA progress.

§ 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 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 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 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.
(Approved by the Office of Management and Budget under control number 1810-0581)
(Authority: 20 U.S.C. 6316(c))
[67 FR 71727, Dec. 2, 2002, as amended at 73 FR 64512, Oct. 29, 2008]

Title 34 published on 2014-07-01

no entries appear in the Federal Register after this date.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 20 - EDUCATION

§ 6301 - Statement of purpose

§ 6302 - Authorization of appropriations

§ 6303 - School improvement

§ 6304 - State administration

§ 6311 - State plans

§ 6312 - Local educational agency plans

§ 6313 - Eligible school attendance areas

§ 6314 - Schoolwide programs

§ 6315 - Targeted assistance schools

§ 6316 - Academic assessment and local educational agency and school improvement

§ 6317 - School support and recognition

§ 6318 - Parental involvement

§ 6319 - Qualifications for teachers and paraprofessionals

§ 6320 - Participation of children enrolled in private schools

§ 6321 - Fiscal requirements

§ 6322 - Coordination requirements

§ 6331 - Grants for the outlying areas and the Secretary of the Interior

§ 6332 - Allocations to States

§ 6333 - Basic grants to local educational agencies

§ 6334 - Concentration grants to local educational agencies

§ 6335 - Targeted grants to local educational agencies

§ 6336 - Adequacy of funding of targeted grants to local educational agencies in fiscal years after fiscal year 2001

§ 6337 - Education finance incentive grant program

§ 6338 - Special allocation procedures

§ 6339 - Carryover and waiver

§ 6361 - Purposes

§ 6362 - Formula grants to State educational agencies

§ 6363 - State formula grant applications

§ 6364 - Targeted assistance grants

§ 6365 - External evaluation

§ 6366 - National activities

§ 6367 - Information dissemination

§ 6368 - Definitions

§ 6371 - Purposes; definitions

§ 6372 - Local Early Reading First grants

§ 6373 - Federal administration

§ 6374 - Information dissemination

§ 6375 - Reporting requirements

§ 6376 - Evaluation

§ 6381 - Statement of purpose

§ 6381a - Program authorized

§ 6381b - State educational agency programs

§ 6381c - Uses of funds

§ 6381d - Program elements

§ 6381e - Eligible participants

§ 6381f - Applications

§ 6381g - Award of subgrants

§ 6381h - Evaluation

§ 6381i - Indicators of program quality

§ 6381j - Research

§ 6381k - Construction

§ 6383 - Improving literacy through school libraries

§ 6391 - Program purpose

§ 6392 - Program authorized

§ 6393 - State allocations

§ 6394 - State applications; services

§ 6395 - Secretarial approval; peer review

§ 6396 - Comprehensive needs assessment and service-delivery plan; authorized activities

§ 6397 - Bypass

§ 6398 - Coordination of migrant education activities

§ 6399 - Definitions

§ 6421 - Purpose and program authorization

§ 6422 - Payments for programs under this part

§ 6431 - Eligibility

§ 6432 - Allocation of funds

§ 6433 - State reallocation of funds

§ 6434 - State plan and State agency applications

§ 6435 - Use of funds

§ 6436 - Institution-wide projects

§ 6437 - Three-year programs or projects

§ 6438 - Transition services

§ 6439 - Evaluation; technical assistance; annual model program

§ 6451 - Purpose

§ 6452 - Programs operated by local educational agencies

§ 6453 - Local educational agency applications

§ 6454 - Uses of funds

§ 6455 - Program requirements for correctional facilities receiving funds under this section

§ 6456 - Accountability

§ 6471 - Program evaluations

§ 6472 - Definitions

§ 6491 - Evaluations

§ 6492 - Demonstrations of innovative practices

§ 6493 - Assessment evaluation

§ 6494 - Close Up fellowship program

§ 6511 - Purpose

§ 6512 - Program authorization

§ 6513 - State applications

§ 6514 - State use of funds

§ 6515 - Local applications

§ 6516 - Local use of funds

§ 6517 - Evaluation and reports

§ 6518 - Quality initiatives

§ 6531 - Short title

§ 6532 - Purposes

§ 6533 - Funding distribution rule

§ 6534 - Advanced placement test fee program

§ 6535 - Advanced placement incentive program grants

§ 6536 - Supplement, not supplant

§ 6537 - Definitions

§ 6551 - Short title

§ 6552 - Purpose

§ 6553 - Authorization of appropriations

§ 6555 - National activities

§ 6561 - Definitions

§ 6561a - Program authorized

§ 6561b - Applications

§ 6561c - State reservation

§ 6561d - Strategies and capacity building

§ 6561e - Selection of local educational agencies for subgrants

§ 6561f - Community based organizations

§ 6561g - Technical assistance

§ 6561h - School dropout rate calculation

§ 6561i - Reporting and accountability

§ 6571 - Federal regulations

§ 6572 - Agreements and records

§ 6573 - State administration

§ 6574 - Local educational agency spending audits

§ 6575 - Prohibition against Federal mandates, direction, or control

§ 6576 - Rule of construction on equalized spending

§ 6577 - State report on dropout data

§ 6578 - Regulations for