34 CFR 200.16 - Subgroups of students.

§ 200.16 Subgroups of students.

(a)In general. In establishing long-term goals and measurements of interim progress under § 200.13, measuring performance on each indicator under § 200.14, annually meaningfully differentiating schools under § 200.18, and identifying schools under § 200.19, each State must include the following categories of students consistent with the State's minimum number of students under § 200.17(a)(1):

(1) All public school students.

(2) Each of the following subgroups of students, separately:

(i) Economically disadvantaged students.

(ii) Students from each major racial and ethnic group.

(iii) Children with disabilities, as defined in section 8101(4) of the Act.

(iv) English learners, as defined in section 8101(20) of the Act.

(b)Children with disabilities. With respect to a student previously identified as a child with a disability who has exited special education services as determined by the student's individualized education program (IEP) team, a State may include such a student's performance within the children with disabilities subgroup under paragraph (a)(2)(iii) of this section for not more than two years after the student ceases to be identified as a child with a disability (i.e., the two school years following the year in which the student exits special education services) for purposes of calculating any indicator under § 200.14(b) that uses data from State assessments under section 1111(b)(2)(B)(v)(I) of the Act, provided that the State develops a uniform statewide procedure for doing so that includes all such students and includes them -

(1) For the same State-determined period of time; and

(2) For purposes of determining if a school meets the State's minimum number of students under § 200.17(a)(1) for the children with disabilities subgroup when calculating performance on any such indicator.

(c)English learners.

(1) With respect to a student previously identified as an English learner who has achieved English language proficiency consistent with the standardized, statewide exit procedures in section 3113(b)(2) of the Act, a State may include such a student's performance within the English learner subgroup under paragraph (a)(2)(iv) of this section for not more than four years after the student ceases to be identified as an English learner (i.e., the four years following the year in which the student meets the statewide exit criteria, consistent with § 299.19(b)(4)) for purposes of calculating any indicator under § 200.14(b) that uses data from State assessments under section 1111(b)(2)(B)(v)(I) of the Act, if the State develops a uniform statewide procedure for doing so that includes all such students and includes them -

(i) For the same State-determined period of time; and

(ii) For purpose of determining if a school meets the State's minimum number of students under § 200.17(a)(1) for the English learner subgroup when calculating performance on any such indicator.

(2) With respect to an English learner with a disability that precludes assessment of the student in one or more domains of the English language proficiency assessment required under section 1111(b)(2)(G) of the Act such that there are no appropriate accommodations for the affected domain(s) (e.g., a non-verbal English learner who because of an identified disability cannot take the speaking portion of the assessment), as determined, on an individualized basis, by the student's IEP team, 504 team, or individual or team designated by the LEA to make these decisions under Title II of the Americans with Disabilities Act, a State must, in measuring performance against the Progress in Achieving English Language Proficiency indicator, include such a student's performance on the English language proficiency assessment based on the remaining domains in which it is possible to assess the student.

(3) With respect to a recently arrived English learner as defined in section 1111(b)(3)(A) of the Act, a State must include such an English learner's results on the assessments under section 1111(b)(2)(B)(v)(I) of the Act upon enrollment in a school in one of the 50 States or the District of Columbia (hereafter “a school in the United States”) in calculating long-term goals and measurements of interim progress under § 200.13(a), annually meaningfully differentiating schools under § 200.18, and identifying schools under § 200.19, except that the State may either -

(i)

(A) Exempt such an English learner from the first administration of the reading/language arts assessment;

(B) Exclude such an English learner's results on the assessments under section 1111(b)(2)(B)(v)(I) and 1111(b)(2)(G) of the Act in calculating the Academic Achievement and Progress in Achieving English Language Proficiency indicators in the first year of such an English learner's enrollment in a school in the United States; and

(C) Include such an English learner's results on the assessments under section 1111(b)(2)(B)(v)(I) and 1111(b)(2)(G) of the Act in calculating the Academic Achievement and Progress in Achieving English Language Proficiency indicators in the second year of such an English learner's enrollment in a school in the United States and every year of enrollment thereafter; or

(ii)

(A) Assess, and report the performance of, such an English learner on the assessments under section 1111(b)(2)(B)(v)(I) of the Act in each year of such an English learner's enrollment in a school in the United States;

(B) Exclude such an English learner's results on the assessments under section 1111(b)(2)(B)(v)(I) of the Act in calculating the Academic Achievement indicator in the first year of such an English learner's enrollment in a school in the United States;

(C) Include a measure of such an English learner's growth on the assessments under section 1111(b)(2)(B)(v)(I) of the Act in calculating either the Academic Progress indicator or the Academic Achievement indicator in the second year of such an English learner's enrollment in a school in the United States; and

(D) Include a measure of such an English learner's proficiency on the assessments under section 1111(b)(2)(B)(v)(I) of the Act in calculating the Academic Achievement indicator in the third year of such an English learner's enrollment in a school in the United States and every year of enrollment thereafter.

(4) A State may choose one of the exceptions described in paragraphs (c)(3)(i) or (ii) of this section for recently arrived English learners and must -

(i)

(A) Apply the same exception to all recently arrived English learners in the State; or

(B) Develop and consistently implement a uniform statewide procedure for all recently arrived English learners that considers students' English language proficiency level at the time of the their identification as English learners and that may, at a State's discretion, consider one or more of the student characteristics under § 200.13(c)(2)(i)(B) through (E) in order to determine whether such an exception applies to an English learner; and

(ii) Report on State and LEA report cards under section 1111(h) of the Act the number and percentage of recently arrived English learners who are exempted from taking such assessments or whose results on such assessments are excluded from any indicator under § 200.14 on the basis of each exception described in paragraphs (c)(3)(i) and (ii) of this section.

(d)Limitations. A State may not include former children with disabilities or former English learners within the applicable subgroups under paragraph (a)(2) of this section for -

(1) Any purpose in the accountability system, except as described in paragraphs (b) and (c)(1) of this section with respect to an indicator that uses data from State assessments under section 1111(b)(2)(B)(v)(I) of the Act and as described in § 200.34(e) with respect to calculating the four-year adjusted cohort graduation rate; or

(2) Purposes of reporting information on State and LEA report cards under section 1111(h) of the Act, except for providing information on the performance of the school, including a school's level of performance under § 200.18(b)(3), on any indicator that uses data from State assessments under section 1111(b)(2)(B)(v)(I) of the Act and for calculating the four-year adjusted cohort graduation rate consistent with § 200.34(e).

(e)State plan. Each State must describe in its State plan under section 1111 of the Act how it has met the requirements of this section, including by describing any subgroups of students used in the accountability system in addition to those in paragraph (a)(2) of this section, its uniform procedure for including former children with disabilities under paragraph (b) of this section and former English learners under paragraph (c)(1) of this section, and its uniform procedure for including recently arrived English learners under paragraph (c)(4) of this section, if applicable.

[ 81 FR 86224, Nov. 29, 2016]

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, 6317 - Repealed. Pub. L. 114–95, title I, § 1000(1), Dec. 10, 2015, 129 Stat. 1814

§ 6317 - School support and recognition

§ 6318 - Parent and family engagement

§ 6319 - Repealed. Pub. L. 114–95, title I, § 1000(1), Dec. 10, 2015, 129 Stat. 1814

§ 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 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 - Grants for State assessments and related activities

§ 6362 - State option to conduct assessment system audit

§ 6363 - Allotment of appropriated funds

§ 6364 - Innovative assessment and accountability demonstration authority

§ 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 purposes

§ 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 - Technical assistance

§ 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 - Flexibility for equitable per-pupil funding

§ 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 - Repealed. Pub. L. 113–188, title IX, § 901(a), Nov. 26, 2014, 128 Stat. 2020

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

§ 6576 - Rule of construction on equalized spending

§ 6577, 6578 - Repealed. Pub. L. 114–95, title I, § 1501(a)(3), Dec. 10, 2015, 129 Stat. 1906

§ 6578 - Regulations for sections 6311 and 6316