Title 34--EDUCATION
Chapter


State responsibilities for developing challenging academic standards. Standards and Assessments (a) Academic standards in general. A State...


State responsibilities for assessment. (a)(1) Each State, in consultation with its LEAs, must implement a system of high-quality, yearly student academic assessments...


Designing State Academic Assessment Systems. (a)(1) For each grade and subject assessed, a State's academic assessment system must-- (i) Address the depth and breadth...


State law exception. (a) If a State provides satisfactory evidence to the Secretary that neither the State educational agency (SEA) nor any other State government...


assessments. (a) Reading/language arts and mathematics. (1) Through the 2004-2005 school year, a State must administer the assessments required under Sec. 200.2...


Inclusion of all students. A State's academic assessment system required under Sec. 200.2 must provide for the participation of all students in the grades assessed. ...


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...


(a) Student reports. A State's academic assessment system must produce individual student interpretive, descriptive, and diagnostic reports that-- ...


Deferral of assessments. (a) A State may defer the start or suspend the administration of the assessments required under Sec. 200.2 that were not required prior to January...


of a State's academic assessments to private schools and private school students. (a) Nothing in Sec. 200.1 or Sec. 200.2 requires a private school, including...


in NAEP. (a) State participation. Beginning in the 2002-2003 school year, each State that receives funds under subpart A of this part must participate in...


Single State 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...


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-- ...


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...


(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...


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...


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: ...


measurable objectives. (a) Each State must establish annual measurable objectives that-- (1) Identify for each year a minimum percentage of students that must meet...


Other academic indicators. (a) Each State must use the following other academic indicators to determine AYP: (1) High schools. (i) The graduation rate for public...


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...


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...


Schoolwide programs in general. (a) Purpose. (1) The purpose of a schoolwide program is to improve academic achievement throughout a school so that all...


elements of a schoolwide program. (a) Comprehensive needs assessment. (1) A school operating a schoolwide program must conduct a comprehensive needs assessment of...


Development of a schoolwide program plan. (a)(1) A school operating a schoolwide program must develop a comprehensive plan to improve teaching and learning throughout...


Schoolwide program components. A schoolwide program must include the following components: (a) Schoolwide reform strategies. The schoolwide program must...


Consolidation of funds in a schoolwide program. (a)(1) In addition to funds under subpart A of this part, a school may consolidate and use in its schoolwide program...


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...


to review school-level data. (a) Before identifying a school for school improvement, corrective action, or restructuring, an LEA must provide the school with...


Identification for school improvement. (a)(1) An LEA must identify for school improvement any elementary or secondary school served under subpart A of this part that fails,...


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...


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...


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,...


with parents. (a) Throughout the school improvement process, the State, LEA, or school must communicate with the parents of each child attending the school. ...


Notice of identification for improvement, corrective action, or restructuring. (a) If an LEA identifies a school for improvement or subjects the school to corrective...


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....


resulting from identification for school improvement. (a) If an LEA identifies a school for school improvement under Sec. 200.32-- (1) The...


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...


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...


Corrective action. (a) Definition. ``Corrective action'' means action by an LEA that-- (1) Substantially and directly responds to-- (i) The consistent...


(a) Definition. ``Restructuring'' means a major reorganization of a school's governance arrangement by an LEA that-- (1) Makes fundamental reforms, such...


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...


Supplemental educational services. (a) Definition. ``Supplemental educational services'' means tutoring and other supplemental academic enrichment services that are-- ...


responsibilities for supplemental educational services. (a) If an LEA is required to make available supplemental educational services under Sec. 200.39(b)(3), Sec....


SEA responsibilities for supplemental educational services. (a) If one or more LEAs in a State are required to make available supplemental educational services under...


Funding for choice-related transportation and supplemental educational services. (a) Amounts required. (1) To pay for choice-related transportation and...


SEA responsibilities for school improvement, corrective action, and restructuring. (a) Transition requirements for public school choice and supplemental...


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...


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...


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...


LEA corrective action. (a) Definition. For the purposes of this section, the term ``corrective action'' means action by an SEA that-- (1) Substantially and...


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...


Definition of ``highly qualified teacher.'' To be a ``highly qualified teacher,'' a teacher covered under Sec. 200.55 must meet the requirements in paragraph (a) and...


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...


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...


of paraprofessionals. (a) A paraprofessional covered under Sec. 200.58 may not be assigned a duty inconsistent with paragraph (b) of this section. (b)...


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...


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...


for providing services to private school children. (a) After timely and meaningful consultation with appropriate officials of private schools, an LEA must-- ...


Consultation. (a) In order to have timely and meaningful consultation, an LEA must consult with appropriate officials of private schools during the design and...


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...


equitable participation of teachers and families of participating private school children. (a)(1) From applicable funds reserved for parent involvement...


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...


Requirements concerning property, equipment, and supplies for the benefit of private school children. (a) The LEA must keep title to and exercise continuing...


of funds to LEAs in general. (a) The Secretary allocates basic grants, concentration grants, targeted grants, and education finance incentive grants, through...


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...


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...


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 alternative method to distribute grants to LEAs with fewer than 20,000 total residents. (a) For eligible LEAs serving an area with a total census population of...


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...


Reservation of funds by an LEA. Before allocating funds in accordance with Sec. 200.78, an LEA must reserve [[Page 464]] funds as are reasonable and...


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...


of supplemental State and local funds from supplement, not supplant and comparability determinations. (a) For the purpose of determining compliance with the...


Eligible participants under the Migrant Education Even Start Program (MEES) must meet the definitions of a migratory child, a migratory agricultural worker, or a...


2002, unless otherwise noted. The following definitions apply to programs and projects operated under subpart C of this part: (a) Agricultural activity means-- ...


An SEA may use the funds available from its State Migrant Education Program (MEP) to carry out other administrative activities, beyond those allowable under Sec....


assessment and a comprehensive State plan for service delivery. (a) An SEA that receives a grant of MEP funds must develop and update a...


MEP. Each SEA must determine the effectiveness of its program through a written evaluation that measures the implementation and results achieved by the program against...


to migratory children. While the specific school improvement requirements of section 1116 of the ESEA do not apply to the MEP, SEAs and local operating...


under part C of Title I of the ESEA may be used in a schoolwide program subject to the requirements of Sec. 200.29(c)(1). (Authority: 20 U.S.C. 6396) [67 FR...


An SEA and its operating agencies must conduct programs and projects under subpart C of this part in a manner consistent with the basic requirements of section 9501...


supplant and comparability determinations. (a) For purposes of determining compliance with the comparability requirement in section 1120A(c) and the supplement,...


Sec. 200.90 Program definitions. Source: 67 FR 71736, Dec. 2, 2002, unless otherwise noted. (a) The following definitions apply to the...


Sec. 200.91 SEA counts of eligible children. To receive an allocation under part D, subpart 1 of Title I of the ESEA, an SEA must provide the Secretary with a...


the State academic achievement awards program. Source: 67 FR 71738, Dec. 2, 2002, unless otherwise noted. A State must reserve funds for...


programs operated under this part: (a) Children means-- (1) Persons up through age 21 who are entitled to a free public education through grade 12; and ...


Subpart A--General Sec. 206.1 What are the special educational programs for students whose families are engaged in migrant and other seasonal...


Subpart A--General Sec. 206.2 Who is eligible to participate as a grantee? (a) Eligibility. An IHE or a private nonprofit organization may apply for...




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