cfr_sections
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61 rows where part_number = 200 and title_number = 34 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 34:34:1.2.2.1.1.1.121.1 | 34 | Education | II | 200 | PART 200—TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED | A | Subpart A—Improving Basic Programs Operated by Local Educational Agencies | § 200.1 State responsibilities for developing challenging academic standards. | ED | [67 FR 45039, July 5, 2002, as amended at 68 FR 68702, Dec. 9, 2003; 72 FR 17778, Apr. 9, 2007; 80 FR 50784, Aug. 21, 2015; 84 FR 31671, July 2, 2019] | (a) Academic standards in general. A State must adopt challenging academic content standards and aligned academic achievement standards that will be used by the State, its local educational agencies (LEAs), and its schools to carry out this subpart. These academic standards must— (1) Be the same academic content standards and aligned academic achievement standards that the State applies to all public schools and public school students in the State, including the public schools and public school students served under this subpart, except as provided in paragraph (d) of this section, which applies only to the State's academic achievement standards; (2) With respect to the academic achievement standards, include the same knowledge, skills, and levels of achievement expected of all public school students in the State, except as provided in paragraph (d) of this section; and (3) Include at least mathematics, reading/language arts, and science, and may include other subjects determined by the State. (b) Academic content standards. (1) The challenging academic content standards required under paragraph (a) of this section must— (i) Specify what all students are expected to know and be able to do; (ii) Contain coherent and rigorous content; and (iii) Encourage the teaching of advanced skills. (2) A State's academic content standards may— (i) Be grade specific; or, (ii) Cover more than one grade if grade-level content expectations are provided for each of grades 3 through 8. (3) At the high school level, the academic content standards must define the knowledge and skills that all high school students are expected to know and be able to do in at least reading/language arts, mathematics, and science, irrespective of course titles or years completed. (c) Academic achievement standards. (1) The challenging academic achievement standards required under paragraph (a) of this section must— (i) Be aligned with the State's challenging academic content standards and with entrance requirements for credit-bearing c… | ||||
| 34:34:1.2.2.1.1.1.121.10 | 34 | Education | II | 200 | PART 200—TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED | A | Subpart A—Improving Basic Programs Operated by Local Educational Agencies | § 200.10 Applicability of a State's academic assessments to private schools and private school students. | ED | [67 FR 45043, July 5, 2002] | (a) Nothing in § 200.1 or § 200.2 requires a private school, including a private school whose students receive services under subpart A of this part, to participate in a State's academic assessment system. (b)(1) If an LEA provides services to eligible private school students under subpart A of this part, the LEA must, through timely consultation with appropriate private school officials, determine how services to eligible private school students will be academically assessed and how the results of that assessment will be used to improve those services. (2) The assessments referred to in paragraph (b)(1) of this section may be the State's academic assessments under § 200.2 or other appropriate academic assessments. | ||||
| 34:34:1.2.2.1.1.1.121.2 | 34 | Education | II | 200 | PART 200—TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED | A | Subpart A—Improving Basic Programs Operated by Local Educational Agencies | § 200.2 State responsibilities for assessment. | ED | [81 FR 88931, Dec. 8, 2016] | (a)(1) Each State, in consultation with its LEAs, must implement a system of high-quality, yearly student academic assessments that include, at a minimum, academic assessments in mathematics, reading/language arts, and science. (2)(i) The State may also measure the achievement of students in other academic subjects in which the State has adopted challenging State academic standards. (ii) If a State has developed assessments in other subjects for all students, the State must include students participating under this subpart in those assessments. (b) The assessments required under this section must: (1)(i) Except as provided in §§ 200.3, 200.5(b), and 200.6(c) and section 1204 of the Elementary and Secondary Education Act, as amended by the Every Student Succeeds Act (hereinafter “the Act”), be the same assessments used to measure the achievement of all students; and (ii) Be administered to all students consistent with § 200.5(a), including the following highly-mobile student populations as defined in paragraph (b)(11) of this section: (A) Students with status as a migratory child. (B) Students with status as a homeless child or youth. (C) Students with status as a child in foster care. (D) Students with status as a student with a parent who is a member of the armed forces on active duty or serves on full-time National Guard duty; (2)(i) Be designed to be valid and accessible for use by all students, including students with disabilities and English learners; and (ii) Be developed, to the extent practicable, using the principles of universal design for learning. For the purposes of this section, “universal design for learning” means a scientifically valid framework for guiding educational practice that— (A) Provides flexibility in the ways information is presented, in the ways students respond or demonstrate knowledge and skills, and in the ways students are engaged; and (B) Reduces barriers in instruction, provides appropriate accommodations, supports, and challenges, and maintains high achievement exp… | ||||
| 34:34:1.2.2.1.1.1.121.3 | 34 | Education | II | 200 | PART 200—TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED | A | Subpart A—Improving Basic Programs Operated by Local Educational Agencies | § 200.3 Locally selected, nationally recognized high school academic assessments. | ED | [81 FR 88932, Dec. 8, 2016] | (a) In general. (1) A State, at the State's discretion, may permit an LEA to administer a nationally recognized high school academic assessment in each of reading/language arts, mathematics, or science, approved in accordance with paragraph (b) of this section, in lieu of the respective statewide assessment under § 200.5(a)(1)(i)(B) and (a)(1)(ii)(C) if such assessment meets all requirements of this section. (2) An LEA must administer the same locally selected, nationally recognized academic assessment to all high school students in the LEA consistent with the requirements in § 200.5(a)(1)(i)(B) and (a)(1)(ii)(C), except for students with the most significant cognitive disabilities who are assessed on an alternate assessment aligned with alternate academic achievement standards, consistent with § 200.6(c). (b) State approval. If a State chooses to allow an LEA to administer a nationally recognized high school academic assessment under paragraph (a) of this section, the State must: (1) Establish and use technical criteria to determine if the assessment— (i) Is aligned with the challenging State academic standards; (ii) Addresses the depth and breadth of those standards; (iii) Is equivalent to or more rigorous than the statewide assessments under § 200.5(a)(1)(i)(B) and (a)(1)(ii)(C), as applicable, with respect to— (A) The coverage of academic content; (B) The difficulty of the assessment; (C) The overall quality of the assessment; and (D) Any other aspects of the assessment that the State may establish in its technical criteria; (iv) Meets all requirements under § 200.2(b), except for § 200.2(b)(1), and ensures that all high school students in the LEA are assessed consistent with §§ 200.5(a) and 200.6; and (v) Produces valid and reliable data on student academic achievement with respect to all high school students and each subgroup of high school students in the LEA that— (A) Are comparable to student academic achievement data for all high school students and each subgroup of high school students… | ||||
| 34:34:1.2.2.1.1.1.121.4 | 34 | Education | II | 200 | PART 200—TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED | A | Subpart A—Improving Basic Programs Operated by Local Educational Agencies | § 200.4 State law exception. | ED | [67 FR 45041, July 5, 2002, as amended at 81 FR 88933, Dec. 8, 2016] | (a) If a State provides satisfactory evidence to the Secretary that neither the State educational agency (SEA) nor any other State government official, agency, or entity has sufficient authority under State law to adopt academic content standards, student academic achievement standards, and academic assessments applicable to all students enrolled in the State's public schools, the State may meet the requirements under §§ 200.1 and 200.2 by— (1) Adopting academic standards and academic assessments that meet the requirements of §§ 200.1 and 200.2 on a Statewide basis and limiting their applicability to students served under subpart A of this part; or (2) Adopting and implementing policies that ensure that each LEA in the State that receives funds under subpart A of this part will adopt academic standards and academic assessments aligned with those standards that— (i) Meet the requirements in §§ 200.1 and 200.2; and (ii) Are applicable to all students served by the LEA. (b) A State that qualifies under paragraph (a) of this section must— (1) Establish technical criteria for evaluating whether each LEA's— (i) Academic content and student academic achievement standards meet the requirements in § 200.1; and (ii) Academic assessments meet the requirements in § 200.2, particularly regarding validity and reliability, technical quality, alignment with the LEA's academic standards, and inclusion of all students in the grades assessed; (2) Review and approve each LEA's academic standards and academic assessments to ensure that they— (i) Meet or exceed the State's technical criteria; and (ii) For purposes of this section— (A) Are equivalent to one another in their content coverage, difficulty, and quality; (B) Have comparable validity and reliability with respect to groups of students described in section 1111(c)(2) of the Act; and (C) Provide unbiased, rational, and consistent determinations of the annual progress of schools within the State; and (3) Be able to aggregate, with confidence, data from local asses… | ||||
| 34:34:1.2.2.1.1.1.121.5 | 34 | Education | II | 200 | PART 200—TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED | A | Subpart A—Improving Basic Programs Operated by Local Educational Agencies | § 200.5 Assessment administration. | ED | [81 FR 88933, Dec. 8, 2016] | (a) Frequency. (1) A State must administer the assessments required under § 200.2 annually as follows: (i) With respect to both the reading/language arts and mathematics assessments— (A) In each of grades 3 through 8; and (B) At least once in grades 9 through 12. (ii) With respect to science assessments, not less than one time during each of— (A) Grades 3 through 5; (B) Grades 6 through 9; and (C) Grades 10 through 12. (2) A State must administer the English language proficiency assessment required under § 200.6(h) annually to all English learners in schools served by the State in all grades in which there are English learners, kindergarten through grade 12. (3) With respect to any other subject chosen by a State, the State may administer the assessments at its discretion. (b) Middle school mathematics exception. A State that administers an end-of-course mathematics assessment to meet the requirements under paragraph (a)(1)(i)(B) of this section may exempt an eighth-grade student from the mathematics assessment typically administered in eighth grade under paragraph (a)(1)(i)(A) of this section if— (1) The student instead takes the end-of-course mathematics assessment the State administers to high school students under paragraph (a)(1)(i)(B) of this section; (2) The student's performance on the high school assessment is used in the year in which the student takes the assessment for purposes of measuring academic achievement under section 1111(c)(4)(B)(i) of the Act and participation in assessments under section 1111(c)(4)(E) of the Act; (3) In high school— (i) The student takes a State-administered end-of-course assessment or nationally recognized high school academic assessment as defined in § 200.3(d) in mathematics that— (A) Is more advanced than the assessment the State administers under paragraph (a)(1)(i)(B) of this section; and (B) Provides for appropriate accommodations consistent with § 200.6(b) and (f); and (ii) The student's performance on the more advanced mathematics assessment is… | ||||
| 34:34:1.2.2.1.1.1.121.6 | 34 | Education | II | 200 | PART 200—TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED | A | Subpart A—Improving Basic Programs Operated by Local Educational Agencies | § 200.6 Inclusion of all students. | ED | [81 FR 88934, Dec. 8, 2016] | (a) Students with disabilities in general. (1) A State must include students with disabilities in all assessments under section 1111(b)(2) of the Act, with appropriate accommodations consistent with paragraphs (b), (f)(1), and (h)(4) of this section. For purposes of this section, students with disabilities, collectively, are— (i) All children with disabilities as defined under section 602(3) of the IDEA; (ii) Students with the most significant cognitive disabilities who are identified from among the students in paragraph (a)(1)(i) of this section; and (iii) Students with disabilities covered under other acts, including— (A) Section 504 of the Rehabilitation Act of 1973, as amended; and (B) Title II of the ADA, as amended. (2)(i) Except as provided in paragraph (a)(2)(ii)(B) of this section, a student with a disability under paragraph (a)(1) of this section must be assessed with an assessment aligned with the challenging State academic standards for the grade in which the student is enrolled. (ii) A student with the most significant cognitive disabilities under paragraph (a)(1)(ii) of this section may be assessed with— (A) The general assessment under paragraph (a)(2)(i) of this section; or (B) If a State has adopted alternate academic achievement standards permitted under section 1111(b)(1)(E) of the Act for students with the most significant cognitive disabilities, an alternate assessment under paragraph (c) of this section aligned with the challenging State academic content standards for the grade in which the student is enrolled and the State's alternate academic achievement standards. (b) Appropriate accommodations for students with disabilities. (1) A State's academic assessment system must provide, for each student with a disability under paragraph (a) of this section, the appropriate accommodations, such as interoperability with, and ability to use, assistive technology devices consistent with nationally recognized accessibility standards, that are necessary to measure the academic achievemen… | ||||
| 34:34:1.2.2.1.1.1.121.7 | 34 | Education | II | 200 | PART 200—TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED | A | Subpart A—Improving Basic Programs Operated by Local Educational Agencies | § 200.7 [Reserved] | ED | ||||||
| 34:34:1.2.2.1.1.1.121.8 | 34 | Education | II | 200 | PART 200—TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED | A | Subpart A—Improving Basic Programs Operated by Local Educational Agencies | § 200.8 Assessment reports. | ED | [67 FR 45042, July 5, 2002, as amended at 81 FR 88938, Dec. 8, 2016] | (a) Student reports. A State's academic assessment system must produce individual student interpretive, descriptive, and diagnostic reports that— (1)(i) Include information regarding achievement on the academic assessments under § 200.2 measured against the State's student academic achievement standards; and (ii) Help parents, teachers, and principals to understand and address the specific academic needs of students; and (2) Are provided to parents, teachers, and principals— (i) As soon as is practicable after the assessment is given; and (ii) In an understandable and uniform format, consistent with § 200.2(e). (b) Itemized score analyses for LEAs and schools. (1) A State's academic assessment system must produce and report to LEAs and schools itemized score analyses, consistent with § 200.2(b)(13), so that parents, teachers, principals, and administrators can interpret and address the specific academic needs of students. (2) The requirement to report itemized score analyses in paragraph (b)(1) of this section does not require the release of test items. | ||||
| 34:34:1.2.2.1.1.1.121.9 | 34 | Education | II | 200 | PART 200—TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED | A | Subpart A—Improving Basic Programs Operated by Local Educational Agencies | § 200.9 Deferral of assessments. | ED | [81 FR 88938, Dec. 8, 2016] | (a) A State may defer the start or suspend the administration of the assessments required under § 200.2 for one year for each year for which the amount appropriated for State assessment grants under section 1002(b) of the Act is less than $369,100,000. (b) A State may not cease the development of the assessments referred to in paragraph (a) of this section even if sufficient funds are not appropriated under section 1002(b) of the Act. | ||||
| 34:34:1.2.2.1.1.1.122.11 | 34 | Education | II | 200 | PART 200—TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED | A | Subpart A—Improving Basic Programs Operated by Local Educational Agencies | § 200.11 Participation in NAEP. | ED | [84 FR 31672, July 2, 2019] | (a) State participation. Each State that receives funds under this subpart must participate in biennial State academic assessments of fourth and eighth grade reading and mathematics under the State National Assessment of Educational Progress (NAEP), if the Department pays the costs of administering those assessments. (b) Local participation. In accordance with section 1112(c)(3) of the ESEA, and notwithstanding section 303(d)(1) of the National Assessment of Educational Progress Authorization Act, an LEA that receives funds under this subpart must participate, if selected, in the State-NAEP assessments referred to in paragraph (a) of this section. (c) Report cards. Each State and LEA must report on its annual State and LEA report card, respectively, the most recent available academic achievement results in grades four and eight on the State's NAEP reading and mathematics assessments under paragraph (a) of this section, compared to the national average of such results. The report cards must include— (1) The percentage of students at each achievement level reported on the NAEP in the aggregate and, for State report cards, disaggregated for each subgroup described in section 1111(c)(2) of the ESEA; and (2) The participation rates for children with disabilities and for English learners. | ||||
| 34:34:1.2.2.1.1.1.122.12 | 34 | Education | II | 200 | PART 200—TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED | A | Subpart A—Improving Basic Programs Operated by Local Educational Agencies | §§ 200.12-200.24 [Reserved] | ED | ||||||
| 34:34:1.2.2.1.1.1.123.13 | 34 | Education | II | 200 | PART 200—TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED | A | Subpart A—Improving Basic Programs Operated by Local Educational Agencies | § 200.25 Schoolwide programs in general. | ED | [67 FR 71718, Dec. 2, 2002, as amended at 84 FR 31672, July 2, 2019] | (a) Purpose. (1) The purpose of a schoolwide program is to improve academic achievement throughout a school so that all students, particularly the lowest-achieving students, demonstrate proficiency related to the challenging State academic standards under § 200.1. (2) The improved achievement is to result from improving the entire educational program of the school. (b) Eligibility. (1) A school may operate a schoolwide program if— (i) The school's LEA determines that the school serves an eligible attendance area or is a participating school under section 1113 of the ESEA; and (ii) Except as provided under paragraph (b)(1)(iii) of this section, for the initial year of the schoolwide program— (A) The school serves a school attendance area in which not less than 40 percent of the children are from low-income families; or (B) Not less than 40 percent of the children enrolled in the school are from low-income families. (iii) A school that does not meet the poverty percentage in paragraph (b)(1)(ii) of this section may operate a schoolwide program if the school receives a waiver from the State to do so, after taking into account how a schoolwide program will best serve the needs of the students in the school in improving academic achievement and other factors. (2) In determining the percentage of children from low-income families under paragraph (b)(1) of this section, the LEA may use a measure of poverty that is different from the measure or measures of poverty used by the LEA to identify and rank school attendance areas for eligibility and participation under this subpart. (c) Participating students and services. A school operating a schoolwide program is not required to identify— (1) Particular children as eligible to participate; or (2) Individual services as supplementary. (d) Supplemental funds. In accordance with the method of determination described in section 1118(b)(2) of the ESEA, a school participating in a schoolwide program must use funds available under this subpart and under any othe… | ||||
| 34:34:1.2.2.1.1.1.123.14 | 34 | Education | II | 200 | PART 200—TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED | A | Subpart A—Improving Basic Programs Operated by Local Educational Agencies | § 200.26 Core elements of a schoolwide program. | ED | [67 FR 71718, Dec. 2, 2002, as amended at 84 FR 31673, July 2, 2019] | (a) Comprehensive needs assessment. (1) A school operating a schoolwide program must conduct a comprehensive needs assessment of the entire school that— (i) Takes into account information on the academic achievement of all students in the school, including all subgroups of students under section 1111(c)(2) of the ESEA and migratory children as defined in section 1309(3) of the ESEA, relative to the challenging State academic standards under § 200.1 and any other factors as determined by the LEA to— (A) Help the school understand the subjects and skills for which teaching and learning need to be improved; and (B) Identify the specific academic needs of students and subgroups of students who are failing, or are at risk of failing, to meet the challenging State academic standards; and (ii) Assesses the needs of the school relative to each of the components of the schoolwide program under section 1114(b)(7) of the ESEA. (2) The comprehensive needs assessment must be developed with the participation of individuals who will carry out the schoolwide program plan. (3) The school must document how it conducted the needs assessment, the results it obtained, and the conclusions it drew from those results. (b) Comprehensive plan. Using data from the comprehensive needs assessment under paragraph (a) of this section, a school that wishes to operate a schoolwide program must develop a comprehensive plan, in accordance with section 1114(b) of the ESEA, that describes how the school will improve academic achievement for all students in the school, but particularly the needs of those students who are failing, or are at risk of failing, to meet the challenging State academic standards and any other factors as determined by the LEA. (c) Evaluation. A school operating a schoolwide program must— (1) Regularly monitor the implementation of, and results achieved by, the schoolwide program, using data from the State's annual assessments and other indicators of academic achievement; (2) Determine whether the schoolwide pr… | ||||
| 34:34:1.2.2.1.1.1.123.15 | 34 | Education | II | 200 | PART 200—TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED | A | Subpart A—Improving Basic Programs Operated by Local Educational Agencies | §§ 200.27-200.28 [Reserved] | ED | ||||||
| 34:34:1.2.2.1.1.1.123.16 | 34 | Education | II | 200 | PART 200—TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED | A | Subpart A—Improving Basic Programs Operated by Local Educational Agencies | § 200.29 Consolidation of funds in a schoolwide program. | ED | [67 FR 71720, Dec. 2, 2002; 68 FR 1008, Jan. 8, 2003; 84 FR 31673, July 2, 2019] | (a)(1) In addition to funds under subpart A of this part, a school may consolidate and use in its schoolwide program Federal funds from any program administered by the Secretary that is included in the most recent notice published for this purpose in the Federal Register. (2) For purposes of §§ 200.25 through 200.29, the authority to consolidate funds from other Federal programs also applies to services provided to the school with those funds. (b)(1) Except as provided in paragraphs (b)(2) and (c) of this section, a school that consolidates and uses in a schoolwide program funds from any other Federal program administered by the Secretary— (i) Is not required to meet the statutory or regulatory requirements of that program applicable at the school level; but (ii) Must meet the intent and purposes of that program to ensure that the needs of the intended beneficiaries of that program are addressed. (2) A school that chooses to consolidate funds from other Federal programs must meet the requirements of those programs relating to— (i) Health; (ii) Safety; (iii) Civil rights; (iv) Student and parental participation and involvement; (v) Services to private school children; (vi) Maintenance of effort; (vii) Comparability of services; (viii) Use of Federal funds to supplement, not supplant non-Federal funds in accordance with § 200.25(d); and (ix) Distribution of funds to SEAs or LEAs. (c) A school must meet the following requirements if the school consolidates and uses funds from these programs in its schoolwide program: (1) Migrant education. Before the school chooses to consolidate in its schoolwide program funds received under part C of Title I of the ESEA, the school must— (i) Use these funds, in consultation with parents of migratory children or organizations representing those parents, or both, first to meet the unique educational needs of migratory students that result from the effects of their migratory lifestyle, and those other needs that are necessary to permit these students to participat… | ||||
| 34:34:1.2.2.1.1.1.123.17 | 34 | Education | II | 200 | PART 200—TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED | A | Subpart A—Improving Basic Programs Operated by Local Educational Agencies | §§ 200.30-200.54 [Reserved] | ED | ||||||
| 34:34:1.2.2.1.1.1.124.18 | 34 | Education | II | 200 | PART 200—TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED | A | Subpart A—Improving Basic Programs Operated by Local Educational Agencies | §§ 200.55-200.57 [Reserved] | ED | ||||||
| 34:34:1.2.2.1.1.1.124.19 | 34 | Education | II | 200 | PART 200—TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED | A | Subpart A—Improving Basic Programs Operated by Local Educational Agencies | § 200.58 Qualifications of paraprofessionals. | ED | [82 FR 31707, July 7, 2017] | (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. (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, a… | ||||
| 34:34:1.2.2.1.1.1.124.20 | 34 | Education | II | 200 | PART 200—TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED | A | Subpart A—Improving Basic Programs Operated by Local Educational Agencies | §§ 200.59-200.60 [Reserved] | ED | ||||||
| 34:34:1.2.2.1.1.1.124.21 | 34 | Education | II | 200 | PART 200—TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED | A | Subpart A—Improving Basic Programs Operated by Local Educational Agencies | § 200.61 Parents' right to know. | ED | [84 FR 31673, July 2, 2019] | (a) Information for parents. (1) At the beginning of each school year, an LEA that receives funds under this subpart 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 and in a timely manner, information regarding the professional qualifications of the student's classroom teachers, including, at a minimum, the following: (i) Whether the teacher has met State qualification and licensing criteria for the grade levels and subject areas in which the teacher provides instruction. (ii) Whether the teacher is teaching under emergency or other provisional status through which State qualification or licensing criteria have been waived. (iii) Whether the teacher is teaching in the field of discipline of the certification of the teacher. (iv) Whether the parent's child is provided services by paraprofessionals and, if so, their qualifications. (2) A school that participates under this subpart must provide to each parent— (i) Information on the level of achievement and academic growth, if applicable and available, of the parent's child on each of the State academic assessments required under section 1111(b)(2) of the ESEA; and (ii) Timely notice that the parent's child has been assigned, or has been taught for four or more consecutive weeks by, a teacher who does not meet applicable State certification or licensure requirements at the grade level and subject area in which the teacher has been assigned. (b) Testing transparency. (1) At the beginning of each school year, an LEA that receives funds under this subpart 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 in a timely manner, information regarding any State or LEA policy regarding student participation in any assessments mandated by section 1111(b)(2) of the ESEA and by the State or LEA, which must include a policy, procedure, or parental right to opt the child out of su… | ||||
| 34:34:1.2.2.1.1.1.125.22 | 34 | Education | II | 200 | PART 200—TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED | A | Subpart A—Improving Basic Programs Operated by Local Educational Agencies | § 200.62 Responsibilities for providing services to private school children. | ED | [82 FR 31709, July 7, 2017, as amended at 84 FR 31674, July 2, 2019] | (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 1117 of the ESEA, provide, individually or in combination, as requested by private school officials to best meet the needs of eligible children, special educational services, instructional services (including evaluations to determine the progress being made in meeting such students' academic needs), counseling, mentoring, one-on-one tutoring, or other benefits under this subpart (such as dual or concurrent enrollment, educational radio and television, computer equipment and materials, other technology, and mobile educational services and equipment) that address their needs, 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 an equitable basis, in accordance with § 200.65 in services and activities developed pursuant to section 1116 of the ESEA. (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(c) 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. | ||||
| 34:34:1.2.2.1.1.1.125.23 | 34 | Education | II | 200 | PART 200—TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED | A | Subpart A—Improving Basic Programs Operated by Local Educational Agencies | § 200.63 Consultation. | ED | [82 FR 31709, July 7, 2017, as amended at 84 FR 31674, July 2, 2019] | (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, as well as their teachers and families under § 200.65. The goal of consultation is reaching agreement on how to provide equitable and effective programs for eligible private school children, and the results of that agreement must be transmitted to the ombudsman designated under § 200.68. (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 § 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(a), the proportion of funds that the LEA will allocate for these services, and how the LEA determines that proportion of funds. (7) The method or sources of data that the LEA will use under § 200.64(a) 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) Whether the LEA will provide services directly or through a separate government agency, consortium, entity, or third-party contractor. (9) Whether to provide equitable services to eligible private school children— (i) By creating a pool or pools of funds with all of the funds allocated under § 200.64(a)(2) based on all the children from low-income families in a participating school attendance a… | ||||
| 34:34:1.2.2.1.1.1.125.24 | 34 | Education | II | 200 | PART 200—TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED | A | Subpart A—Improving Basic Programs Operated by Local Educational Agencies | § 200.64 Factors for determining equitable participation of private school children. | ED | [82 FR 31709, July 7, 2017, as amended at 84 FR 31675, July 2, 2019] | (a) Equal expenditures. (1) Funds expended by an LEA under this subpart for services for eligible private school children in the aggregate must be equal to the proportion of funds generated by private school children from low-income families who reside in participating public school attendance areas under paragraph (a)(2) of this section. (2) An LEA must determine the proportional share of funds available for services for eligible private school children based on the total amount of funds received by the LEA under subpart 2 of part A of title I of the ESEA prior to any allowable expenditures or transfers by the LEA. (3)(i) To obtain a count of private school children from low-income families who reside in participating public school attendance areas, 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. (ii) An LEA may count private school children from low-income families every year or every two years. (iii) 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. (4) An SEA must provide notice in a timely manner to appropriate private school officials in the State of the allocation of funds for educational services and other benefits that LEAs have determined are… | ||||
| 34:34:1.2.2.1.1.1.125.25 | 34 | Education | II | 200 | PART 200—TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED | A | Subpart A—Improving Basic Programs Operated by Local Educational Agencies | § 200.65 Determining equitable participation of teachers and families of participating private school children. | ED | [84 FR 31675, July 2, 2019] | (a) From the proportional share reserved for equitable services under § 200.77(d), an LEA shall ensure that teachers and families of participating private school children participate on an equitable basis in services and activities under this subpart. (b) After consultation with appropriate private school officials, the LEA must provide services and activities under paragraph (a) of this section either— (1) In conjunction with the LEA's services and activities for teachers and families; or (2) Independently. | ||||
| 34:34:1.2.2.1.1.1.125.26 | 34 | Education | II | 200 | PART 200—TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED | A | Subpart A—Improving Basic Programs Operated by Local Educational Agencies | § 200.66 Requirements to ensure that funds do not benefit a private school. | ED | [82 FR 31710, July 7, 2017] | (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. | ||||
| 34:34:1.2.2.1.1.1.125.27 | 34 | Education | II | 200 | PART 200—TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED | A | Subpart A—Improving Basic Programs Operated by Local Educational Agencies | § 200.67 Requirements concerning property, equipment, and supplies for the benefit of private school children. | ED | [82 FR 31710, July 7, 2017] | (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. | ||||
| 34:34:1.2.2.1.1.1.125.28 | 34 | Education | II | 200 | PART 200—TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED | A | Subpart A—Improving Basic Programs Operated by Local Educational Agencies | § 200.68 Ombudsman. | ED | [84 FR 31675, July 2, 2019] | To help ensure equity for eligible private school children, teachers, and other educational personnel, an SEA must designate an ombudsman to monitor and enforce the requirements in §§ 200.62 through 200.67. | ||||
| 34:34:1.2.2.1.1.1.125.29 | 34 | Education | II | 200 | PART 200—TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED | A | Subpart A—Improving Basic Programs Operated by Local Educational Agencies | § 200.69 [Reserved] | ED | ||||||
| 34:34:1.2.2.1.1.1.126.30 | 34 | Education | II | 200 | PART 200—TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED | A | Subpart A—Improving Basic Programs Operated by Local Educational Agencies | § 200.70 Allocation of funds to LEAs in general. | ED | [82 FR 31710, July 7, 2017] | (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. | ||||
| 34:34:1.2.2.1.1.1.126.31 | 34 | Education | II | 200 | PART 200—TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED | A | Subpart A—Improving Basic Programs Operated by Local Educational Agencies | § 200.71 LEA eligibility. | ED | [82 FR 31710, July 7, 2017] | (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. (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. | ||||
| 34:34:1.2.2.1.1.1.126.32 | 34 | Education | II | 200 | PART 200—TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED | A | Subpart A—Improving Basic Programs Operated by Local Educational Agencies | § 200.72 Procedures for adjusting allocations determined by the Secretary to account for eligible LEAs not on the Census list. | ED | [82 FR 31711, July 7, 2017] | (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. | ||||
| 34:34:1.2.2.1.1.1.126.33 | 34 | Education | II | 200 | PART 200—TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED | A | Subpart A—Improving Basic Programs Operated by Local Educational Agencies | § 200.73 Applicable hold-harmless provisions. | ED | [82 FR 31711, July 7, 2017, as amended at 84 FR 31675, July 2, 2019] | (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 sections 1122(c) and 1125A(f)(3) of the ESEA, the hold-harmless percentage varies based on the LEA's proportion of formula children, as shown in the following table: (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 hold-harmless amount for four consecutive years. (e) Hold-harmless protection for a newly opened or significantly expanded charter school LEA. An SEA must calculate a hold-harmless base for the prior year for a newly opened or significantly expanded charter school LEA that, as applicable, reflects the new or significantly expanded enrollment of… | ||||
| 34:34:1.2.2.1.1.1.126.34 | 34 | Education | II | 200 | PART 200—TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED | A | Subpart A—Improving Basic Programs Operated by Local Educational Agencies | § 200.74 Use of an alternative method to distribute grants to LEAs with fewer than 20,000 residents. | ED | [82 FR 31711, July 7, 2017] | (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 § 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. | ||||
| 34:34:1.2.2.1.1.1.126.35 | 34 | Education | II | 200 | PART 200—TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED | A | Subpart A—Improving Basic Programs Operated by Local Educational Agencies | § 200.75 Special procedures for allocating concentration grant funds in small States. | ED | [82 FR 31711, July 7, 2017] | (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. | ||||
| 34:34:1.2.2.1.1.1.126.36 | 34 | Education | II | 200 | PART 200—TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED | A | Subpart A—Improving Basic Programs Operated by Local Educational Agencies | § 200.76 [Reserved] | ED | ||||||
| 34:34:1.2.2.1.1.1.126.37 | 34 | Education | II | 200 | PART 200—TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED | A | Subpart A—Improving Basic Programs Operated by Local Educational Agencies | § 200.77 Reservation of funds by an LEA. | ED | [82 FR 31712, July 7, 2017, as amended at 84 FR 31675, July 2, 2019] | 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)(i) Homeless children and youths, including providing educationally related support services to children in shelters and other locations where homeless children may live. (ii) Funds reserved under paragraph (a)(1)(i) of this section may be— (A) Determined based on a needs assessment of homeless children and youths in the LEA, taking into consideration the number and needs of those children, which may be the same needs assessment as conducted under section 723(b)(1) of the McKinney-Vento Homeless Assistance Act; and (B) Used to provide homeless children and youths with services not ordinarily provided to other students under this subpart, including providing— ( 1 ) Funding for the liaison designated under section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act; and ( 2 ) Transportation pursuant to section 722(g)(1)(J)(iii) of that Act; (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; (4) An LEA must determine the amount of funds reserved under paragraphs (a)(1)(i) and (a)(2) and (3) of this section based on the total allocation received by the LEA under subpart 2 of part A of title I of the ESEA prior to any allowable expenditures or transfers by the LEA; (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 comprehensive support and improvement activities or targeted support and improvement activities under section 1111(d) of the ESEA for the purpose of attracting and retaining qualified and effective teachers; (c) Meet the requirements for parental involvement in sec… | ||||
| 34:34:1.2.2.1.1.1.126.38 | 34 | Education | II | 200 | PART 200—TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED | A | Subpart A—Improving Basic Programs Operated by Local Educational Agencies | § 200.78 Allocation of funds to school attendance areas and schools. | ED | [82 FR 31712, July 7, 2017, as amended at 84 FR 31676, July 2, 2019] | (a)(1) After reserving funds, as applicable, under § 200.77, including funds for equitable services for private school students, their teachers, and their families, an LEA must allocate funds under this subpart 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 public school children from low-income families in each area or school. (2) To determine the number of children from low-income families in a secondary school, an LEA must use— (i) The same measure of poverty it uses for elementary schools; or (ii) An accurate estimate of the number of students from low-income families by applying the average percentage of students from low-income families in the elementary school attendance areas that feed into the secondary school to the number of students enrolled in the secondary school if— (A) The LEA conducts outreach to secondary schools within the LEA to inform the schools of the option to use this measure; and (B) A majority of the secondary schools approve the use of this measure. (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 § 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… | ||||
| 34:34:1.2.2.1.1.1.127.39 | 34 | Education | II | 200 | PART 200—TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED | A | Subpart A—Improving Basic Programs Operated by Local Educational Agencies | § 200.79 Exclusion of supplemental State and local funds from supplement, not supplant and comparability determinations. | ED | [82 FR 31713, July 7, 2017, as amended at 84 FR 31676, July 2, 2019] | (a) For the purpose of determining compliance with the supplement not supplant requirement in section 1118(b) and the comparability requirement in section 1118(c) of the ESEA, a grantee or subgrantee under this subpart 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 of the ESEA. (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 challenging State academic 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 are most at risk of failing, to meet the challenging State academic 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 are most at risk of failing, to meet the challenging State academic 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 section 1113(b)(1)(D) and 1113(c)(2)(B) of the ESEA. | ||||
| 34:34:1.2.2.1.1.2.128.1 | 34 | Education | II | 200 | PART 200—TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED | B | Subpart B—Even Start Family Literacy Program | § 200.80 [Reserved] | ED | ||||||
| 34:34:1.2.2.1.1.3.128.1 | 34 | Education | II | 200 | PART 200—TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED | C | Subpart C—Migrant Education Program | § 200.81 Program definitions. | ED | [73 FR 44123, July 29, 2008, as amended at 81 FR 28970, May 10, 2016; 83 FR 42440, Aug. 22, 2018; 84 FR 31676, July 2, 2019] | The following definitions apply to programs and projects operated under this subpart: (a) Agricultural work or employment means the production or initial processing of raw agricultural products such as crops, trees, dairy products, poultry, or livestock. It consists of work performed for wages or personal subsistence. (b) Consolidated Student Record means the MDEs for a migratory child that have been submitted by one or more SEAs and consolidated into a single, uniquely identified record available through MSIX. (c) Fishing work or employment means the catching or initial processing of fish or shellfish or the raising or harvesting of fish or shellfish at fish farms. It consists of work performed for wages or personal subsistence. (d) [Reserved] (e) Migrant Student Information Exchange (MSIX) means the nationwide system administered by the Department for linking and exchanging specified educational and health information for all migratory children. (f) Migratory agricultural worker means an individual who made a qualifying move in the preceding 36 months and, after doing so, engaged in new temporary or seasonal employment or personal subsistence in agriculture, which may be dairy work or the initial processing of raw agricultural products. If an individual did not engage in such new employment soon after a qualifying move, such individual may be considered a migratory agricultural worker if the individual actively sought such new employment and has a recent history of moves for temporary or seasonal agricultural employment. (g) Migratory child means a child or youth who made a qualifying move in the preceding 36 months as a migratory agricultural worker or a migratory fisher; or with, or to join, a parent or spouse who is a migratory agricultural worker or a migratory fisher. (h) Migratory fisher means an individual who made a qualifying move in the preceding 36 months and, after doing so, engaged in new temporary or seasonal employment or personal subsistence in fishing. If the individual di… | ||||
| 34:34:1.2.2.1.1.3.128.2 | 34 | Education | II | 200 | PART 200—TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED | C | Subpart C—Migrant Education Program | § 200.82 Use of program funds for unique program function costs. | ED | [67 FR 71736, Dec. 2, 2002; 68 FR 19152, Apr. 18, 2003] | An SEA may use the funds available from its State Migrant Education Program (MEP) to carry out other administrative activities, beyond those allowable under § 200.100(b)(4), that are unique to the MEP, including those that are the same or similar to administrative activities performed by LEAs in the State under subpart A of this part. These activities include but are not limited to— (a) Statewide identification and recruitment of eligible migratory children; (b) Interstate and intrastate coordination of the State MEP and its local projects with other relevant programs and local projects in the State and in other States; (c) Procedures for providing for educational continuity for migratory children through the timely transfer of educational and health records, beyond that required generally by State and local agencies; (d) Collecting and using information for accurate distribution of subgrant funds; (e) Development of a statewide needs assessment and a comprehensive State plan for MEP service delivery; (f) Supervision of instructional and support staff; (g) Establishment and implementation of a State parent advisory council; and (h) Conducting an evaluation of the effectiveness of the State MEP. | ||||
| 34:34:1.2.2.1.1.3.128.3 | 34 | Education | II | 200 | PART 200—TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED | C | Subpart C—Migrant Education Program | § 200.83 Responsibilities of SEAs to implement projects through a comprehensive needs assessment and a comprehensive State plan for service delivery. | ED | [67 FR 71736, Dec. 2, 2002, as amended at 68 FR 19152, Apr. 18, 2003; 73 FR 44124, July 29, 2008; 84 FR 31677, July 2, 2019] | (a) An SEA that receives a grant of MEP funds must develop and update a written comprehensive State plan for service delivery based on a current statewide needs assessment that, at a minimum, has the following components: (1) Performance targets. The plan must specify— (i) Performance targets that the State has adopted for all children in reading and mathematics achievement, high school graduation, and the number of school dropouts, as well as the State's performance targets, if any, for school readiness; and (ii) Any other performance targets that the State has identified for migratory children. (2) Needs assessment. The plan must include an identification and assessment of— (i) The unique educational needs of migratory children that result from the children's migratory lifestyle; and (ii) Other needs of migratory students that must be met in order for migratory children to participate effectively in school. (3) Measurable program outcomes. The plan must include the measurable program outcomes (i.e., objectives) that a State's migrant education program will produce to meet the identified unique needs of migratory children and help migratory children achieve the State's performance targets identified in paragraph (a)(1) of this section. (4) Service delivery. The plan must describe the strategies that the SEA will pursue on a statewide basis to achieve the measurable program outcomes in paragraph (a)(3) of this section by addressing— (i) The unique educational needs of migratory children consistent with paragraph (a)(2)(i) of this section; and (ii) Other needs of migratory children consistent with paragraph (a)(2)(ii) of this section. (5) Evaluation. The plan must describe how the State will evaluate the effectiveness of its program. (b) The SEA must develop its comprehensive State plan for service delivery in consultation with the State parent advisory council or, for SEAs not operating programs for one school year in duration, in consultation with the parents of migratory children. This con… | ||||
| 34:34:1.2.2.1.1.3.128.4 | 34 | Education | II | 200 | PART 200—TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED | C | Subpart C—Migrant Education Program | § 200.84 Responsibilities for evaluating the effectiveness of the MEP and using evaluations to improve services to migratory children. | ED | [81 FR 28970, May 10, 2016] | (a) Each SEA must determine the effectiveness of its MEP through a written evaluation that measures the implementation and results achieved by the program against the State's performance targets in § 200.83(a)(1), particularly for those students who have priority for service as defined in section 1304(d) of the ESEA. (b) SEAs and local operating agencies receiving MEP funds must use the results of the evaluation carried out by an SEA under paragraph (a) of this section to improve the services provided to migratory children. | ||||
| 34:34:1.2.2.1.1.3.128.5 | 34 | Education | II | 200 | PART 200—TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED | C | Subpart C—Migrant Education Program | § 200.85 Responsibilities of SEAs for the electronic exchange through MSIX of specified educational and health information of migratory children. | ED | [81 FR 28970, May 10, 2016, as amended at 84 FR 31677, July 2, 2019] | (a) MSIX State record system and data exchange requirements. In order to receive a grant of MEP funds, an SEA must collect, maintain, and submit to MSIX MDEs and otherwise exchange and use information on migratory children in accordance with the requirements of this section. Failure of an SEA to do so constitutes a failure under section 454 of the General Education Provisions Act, 20 U.S.C. 1234c, to comply substantially with a requirement of law applicable to the funds made available under the MEP. (b) MSIX data submission requirements —(1) General. (i) In order to satisfy the requirements of paragraphs (b)(2) and (3) of this section, an SEA that receives a grant of MEP funds must submit electronically to MSIX the MDEs applicable to the child's age and grade level. An SEA must collect and submit the MDEs applicable to the child's age and grade level, regardless of the type of school in which the child is enrolled ( e.g., public, private, or home school), or whether a child is enrolled in any school. (ii) For migratory children who are or were enrolled in private schools, the SEA meets its responsibility under paragraph (b)(1)(i) of this section for collecting MDEs applicable to the child's age and grade level by advising the parent of the migratory child, or the migratory child if the child is emancipated, of the necessity of requesting the child's records from the private school, and by facilitating the parent or emancipated child's request to the private school that it provide all necessary information from the child's school records— (A) Directly to the parent or emancipated child, in which case the SEA must follow up directly with the parent or child; or (B) To the SEA, or a specific local operating agency, for forwarding to MSIX, in which case the SEA must follow up with the parent, emancipated child, or the private school to make sure that the records requested by the parent or emancipated child have been forwarded. (iii) For migratory children who are or were enrolled in home schools, the SEA m… | ||||
| 34:34:1.2.2.1.1.3.128.6 | 34 | Education | II | 200 | PART 200—TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED | C | Subpart C—Migrant Education Program | § 200.86 Use of MEP funds in schoolwide projects. | ED | [67 FR 71736, Dec. 2, 2002; 68 FR 19152, Apr. 18, 2003] | Funds available under part C of Title I of the ESEA may be used in a schoolwide program subject to the requirements of § 200.29(c)(1). | ||||
| 34:34:1.2.2.1.1.3.128.7 | 34 | Education | II | 200 | PART 200—TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED | C | Subpart C—Migrant Education Program | § 200.87 Responsibilities for participation of children in private schools. | ED | [67 FR 71736, Dec. 2, 2002, as amended at 84 FR 31677, July 2, 2019] | An SEA and its operating agencies must conduct programs and projects under this subpart in a manner consistent with the basic requirements of section 8501 of the ESEA. | ||||
| 34:34:1.2.2.1.1.3.128.8 | 34 | Education | II | 200 | PART 200—TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED | C | Subpart C—Migrant Education Program | § 200.88 Exclusion of supplemental State and local funds from supplement, not supplant and comparability determinations. | ED | [67 FR 71736, Dec. 2, 2002; 68 FR 19152, Apr. 18, 2003; 84 FR 31677, July 2, 2019] | (a) For purposes of determining compliance with the comparability requirement in section 1118(c) and the supplement, not supplant requirement in section 1118(b) of the ESEA, a grantee or subgrantee under part C of title I of the ESEA may exclude supplemental State and local funds expended in any school attendance area or school for carrying out special programs that meet the intent and purposes of part C of title I. (b) Before funds for a State and local program may be excluded for purposes of these requirements, the SEA must make an advance written determination that the program meets the intent and purposes of part C of Title I. (c) A program meets the intent and purposes of part C of Title I if it meets the following requirements: (1) The program is specifically designed to meet the unique educational needs of migratory children, as defined in section 1309(3) of the ESEA. (2) The program is based on performance targets related to educational achievement that are similar to those used in programs funded under part C of Title I of the ESEA, and is evaluated in a manner consistent with those program targets. (3) The grantee or subgrantee keeps, and provides access to, records that ensure the correctness and verification of these requirements. (4) The grantee monitors program performance to ensure that these requirements are met. | ||||
| 34:34:1.2.2.1.1.3.128.9 | 34 | Education | II | 200 | PART 200—TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED | C | Subpart C—Migrant Education Program | § 200.89 Re-interviewing; eligibility documentation; and quality control. | ED | [73 FR 44124, July 29, 2008, as amended at 83 FR 42440, Aug. 22, 2018; 84 FR 31677, July 2, 2019; 84 FR 64423, Nov. 22, 2019] | (a) [Reserved] (b) Responsibilities of SEAs for re-interviewing to ensure the eligibility of children under the MEP —(1) Retrospective re-interviewing. (i) As a condition for the continued receipt of MEP funds in FY 2006 and subsequent years, an SEA under a corrective action issued by the Secretary under paragraph (b)(2)(vii) or (d)(7) of this section must, as required by the Secretary— (A) Conduct a statewide re-interviewing process consistent with paragraph (b)(1)(ii) of this section; and (B) Consistent with paragraph (b)(1)(iii) of this section, report to the Secretary on the procedures it has employed, its findings, its defect rate, and corrective actions it has taken or will take to avoid a recurrence of any problems found. (ii) At a minimum, the re-interviewing process must include— (A) Selection of a sample of identified migratory children (from the child counts of a particular year as directed by the Secretary) randomly selected on a statewide basis to allow the State to estimate the statewide proportion of eligible migratory children at a 95 percent confidence level with a confidence interval of plus or minus 5 percent. (B) Use of independent re-interviewers (i.e., interviewers who are neither SEA or local operating agency staff members working to administer or operate the State MEP nor any other persons who worked on the initial eligibility determinations being tested) trained to conduct personal interviews and to understand and apply program eligibility requirements; and (C) Calculation of a defect rate based on the number of sampled children determined ineligible as a percentage of those sampled children whose parent/guardian was actually re-interviewed. (iii) At a minimum, the report must include— (A) An explanation of the sample and procedures used in the SEA's re-interviewing process; (B) The findings of the re-interviewing process, including the determined defect rate; (C) An acknowledgement that the Secretary may adjust the child counts for 2000-2001 and subsequent years downward ba… | ||||
| 34:34:1.2.2.1.1.4.128.1 | 34 | Education | II | 200 | PART 200—TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED | D | Subpart D—Prevention and Intervention Programs for Children and Youth Who are Neglected, Delinquent, or At-Risk of Dropping Out | § 200.90 Program definitions. | ED | [67 FR 71736, Dec. 2, 2002, as amended at 84 FR 31677, July 2, 2019] | (a) The following definition applies to the programs authorized in part D, subparts 1 and 2 of Title I of the ESEA: Children and youth means the same as “children” as that term is defined in § 200.103(a). (b) The following definitions apply to the programs authorized in part D, subpart 1 of Title I of the ESEA: Institution for delinquent children and youth means, as determined by the SEA, a public or private residential facility that is operated primarily for the care of children and youth who— (i) Have been adjudicated to be delinquent or in need of supervision; and (ii) Have had an average length of stay in the institution of at least 30 days. Institution for neglected children and youth means, as determined by the SEA, a public or private residential facility, other than a foster home, that is operated primarily for the care of children and youth who— (i) Have been committed to the institution or voluntarily placed in the institution under applicable State law due to abandonment, neglect, or death of their parents or guardians; and (ii) Have had an average length of stay in the institution of at least 30 days. Regular program of instruction means an educational program (not beyond grade 12) in an institution or a community day program for neglected or delinquent children that consists of classroom instruction in basic school subjects such as reading, mathematics, and career and technical education, and that is supported by non-Federal funds. Neither the manufacture of goods within the institution nor activities related to institutional maintenance are considered classroom instruction. (c) The following definition applies to the local agency program authorized in part D, subpart 2 of title I of the ESEA: Locally operated correctional facility means a facility in which persons are confined as a result of a conviction for a criminal offense, including persons under 21 years of age. The term also includes a local public or private institution and community day program or school not operated by the … | ||||
| 34:34:1.2.2.1.1.4.128.2 | 34 | Education | II | 200 | PART 200—TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED | D | Subpart D—Prevention and Intervention Programs for Children and Youth Who are Neglected, Delinquent, or At-Risk of Dropping Out | § 200.91 SEA counts of eligible children. | ED | To receive an allocation under part D, subpart 1 of Title I of the ESEA, an SEA must provide the Secretary with a count of children and youth under the age of 21 enrolled in a regular program of instruction operated or supported by State agencies in institutions or community day programs for neglected or delinquent children and youth and adult correctional institutions as specified in paragraphs (a) and (b) of this section. (a) Enrollment. (1) To be counted, a child or youth must be enrolled in a regular program of instruction for at least— (i) 20 hours per week if in an institution or community day program for neglected or delinquent children; or (ii) 15 hours per week if in an adult correctional institution. (2) The State agency must specify the date on which the enrollment of neglected or delinquent children is determined under paragraph (a)(1) of this section, except that the date specified must be— (i) Consistent for all institutions or community day programs operated by the State agency; and (ii) Represent a school day in the calendar year preceding the year in which funds become available. (b) Adjustment of enrollment. The SEA must adjust the enrollment for each institution or community day program served by a State agency by— (1) Multiplying the number determined in paragraph (a) of this section by the number of days per year the regular program of instruction operates; and (2) Dividing the result of paragraph (b)(1) of this section by 180. (c) Date of submission. The SEA must annually submit the data in paragraph (b) of this section no later than January 31. | |||||
| 34:34:1.2.2.1.1.4.128.3 | 34 | Education | II | 200 | PART 200—TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED | D | Subpart D—Prevention and Intervention Programs for Children and Youth Who are Neglected, Delinquent, or At-Risk of Dropping Out | §§ 200.92-200.99 [Reserved] | ED | ||||||
| 34:34:1.2.2.1.1.5.128.1 | 34 | Education | II | 200 | PART 200—TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED | E | Subpart E—General Provisions | § 200.100 Reservation of funds for school improvement, State administration, and direct student services. | ED | [67 FR 71736, Dec. 2, 2002, as amended at 84 FR 31677, July 2, 2019] | A State must reserve funds for school improvement, and may reserve funds for State administration and direct student services as follows: (a) School improvement. (1) To carry out school improvement activities and the State's statewide system of technical assistance and support for LEAs authorized under sections 1003 and 1111(d) of the ESEA, an SEA must reserve the greater of— (i) Seven percent from the sum of the amounts allocated to the State under section 1002(a) of the ESEA; or (ii) The sum of the total amount that the State— (A) Reserved for fiscal year 2016 under section 1003(a) of the ESEA as in effect on December 9, 2015; and (B) Received for fiscal year 2016 under section 1003(g) of the ESEA as in effect on December 9, 2015. (2) For fiscal year 2018 and subsequent years, in reserving funds under paragraph (a)(1) of this section, a State may not reduce the sum of the allocations an LEA receives under subpart 2 of part A of title I of the ESEA below the sum of the allocations the LEA received under subpart 2 for the preceding fiscal year. (3) If funds under section 1002(a) are insufficient in a given fiscal year to implement both paragraphs (a)(1) and (2) of this section, a State is not required to reserve the full amount required under paragraph (a)(1) of this section. (b) State administration. (1) An SEA may reserve for State administrative activities authorized in sections 1004 and 1603 of the ESEA no more than the greater of— (i) One percent from each of the amounts allocated to the State or Outlying Area under section 1002(a), (c), and (d) of the ESEA; or (ii) $400,000 ($50,000 for the Outlying Areas). (2)(i) An SEA reserving $400,000 under paragraph (b)(1)(ii) of this section must reserve proportionate amounts from each of the amounts allocated to the State or Outlying Area under section 1002(a), but is not required to reserve proportionate amounts from section 1002(a), (c), and (d) of the ESEA. (ii) If an SEA reserves funds from the amounts allocated to the State or Outlying Area under… | ||||
| 34:34:1.2.2.1.1.5.128.2 | 34 | Education | II | 200 | PART 200—TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED | E | Subpart E—General Provisions | §§ 200.101-200.102 [Reserved] | ED | ||||||
| 34:34:1.2.2.1.1.5.128.3 | 34 | Education | II | 200 | PART 200—TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED | E | Subpart E—General Provisions | § 200.103 Definitions. | ED | [67 FR 71738, Dec. 2, 2002, as amended at 72 FR 17781, Apr. 9, 2007; 84 FR 31678, July 2, 2019] | The following definitions apply to programs operated under this part: (a) Child with a disability means child with a disability, as defined in section 602(3) of the IDEA. (b) Children means— (1) Persons up through age 21 who are entitled to a free public education through grade 12; and (2) Preschool children below the age and grade level at which the agency provides free public education. (c) Fiscal year means the Federal fiscal year—a period beginning on October 1 and ending on the following September 30—or another 12-month period normally used by the SEA for record-keeping. | ||||
| 34:34:1.2.2.1.1.5.128.4 | 34 | Education | II | 200 | PART 200—TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED | E | Subpart E—General Provisions | § 200.104 Innovative assessment demonstration authority. | ED | [81 FR 88966, Dec. 8, 2016] | (a) In general. (1) The Secretary may provide a State educational agency (SEA), or consortium of SEAs, with authority to establish and operate an innovative assessment system in its public schools (hereinafter referred to as “innovative assessment demonstration authority”). (2) An SEA or consortium of SEAs may implement the innovative assessment demonstration authority during its demonstration authority period and, if applicable, extension or waiver period described in § 200.108(a) and (c), after which the Secretary will either approve the system for statewide use consistent with § 200.107 or withdraw the authority consistent with § 200.108(b). (b) Definitions. For purposes of §§ 200.104 through 200.108— (1) Affiliate member of a consortium means an SEA that is formally associated with a consortium of SEAs that is implementing the innovative assessment demonstration authority, but is not yet a full member of the consortium because it is not proposing to use the consortium's innovative assessment system under the demonstration authority, instead of, or in addition to, its statewide assessment under section 1111(b)(2) of the Elementary and Secondary Education Act of 1965, as amended by the Every Student Succeeds Act (hereinafter “the Act”) for purposes of accountability and reporting under sections 1111(c) and 1111(h) of the Act. (2) Demonstration authority period refers to the period of time over which an SEA, or consortium of SEAs, is authorized to implement the innovative assessment demonstration authority, which may not exceed five years and does not include the extension or waiver period under § 200.108. An SEA must use its innovative assessment system in all participating schools instead of, or in addition to, the statewide assessment under section 1111(b)(2) of the Act for purposes of accountability and reporting under section 1111(c) and 1111(h) of the Act in each year of the demonstration authority period. (3) Innovative assessment system means a system of assessments, which may include any … | ||||
| 34:34:1.2.2.1.1.5.128.5 | 34 | Education | II | 200 | PART 200—TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED | E | Subpart E—General Provisions | § 200.105 Demonstration authority application requirements. | ED | ]81 FR 88967, Dec. 8, 2016] | An SEA or consortium of SEAs seeking the innovative assessment demonstration authority must submit to the Secretary, at such time and in such manner as the Secretary may reasonably require, an application that includes the following: (a) Consultation. Evidence that the SEA or consortium has developed an innovative assessment system in collaboration with— (1) Experts in the planning, development, implementation, and evaluation of innovative assessment systems, which may include external partners; and (2) Affected stakeholders in the State, or in each State in the consortium, including— (i) Those representing the interests of children with disabilities, English learners, and other subgroups of students described in section 1111(c)(2) of the Act; (ii) Teachers, principals, and other school leaders; (iii) LEAs; (iv) Representatives of Indian tribes located in the State; (v) Students and parents, including parents of children described in paragraph (a)(2)(i) of this section; and (vi) Civil rights organizations. (b) Innovative assessment system. A demonstration that the innovative assessment system does or will— (1) Meet the requirements of section 1111(b)(2)(B) of the Act, except that an innovative assessment— (i) Need not be the same assessment administered to all public elementary and secondary school students in the State during the demonstration authority period described in § 200.104(b)(2) or extension period described in § 200.108 and prior to statewide use consistent with § 200.107, if the innovative assessment system will be administered initially to all students in participating schools within a participating LEA, provided that the statewide academic assessments under § 200.2(a)(1) and section 1111(b)(2) of the Act are administered to all students in any non-participating LEA or any non-participating school within a participating LEA; and (ii) Need not be administered annually in each of grades 3-8 and at least once in grades 9-12 in the case of reading/language arts and mathematics assessmen… | ||||
| 34:34:1.2.2.1.1.5.128.6 | 34 | Education | II | 200 | PART 200—TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED | E | Subpart E—General Provisions | § 200.106 Demonstration authority selection criteria. | ED | [81 FR 88969, Dec. 8, 2016] | The Secretary reviews an application by an SEA or consortium of SEAs seeking innovative assessment demonstration authority consistent with § 200.104(c) based on the following selection criteria: (a) Project narrative. The quality of the SEA's or consortium's plan for implementing the innovative assessment demonstration authority. In determining the quality of the plan, the Secretary considers— (1) The rationale for developing or selecting the particular innovative assessment system to be implemented under the demonstration authority, including— (i) The distinct purpose of each assessment that is part of the innovative assessment system and how the system will advance the design and delivery of large-scale, statewide academic assessments in innovative ways; and (ii) The extent to which the innovative assessment system as a whole will promote high-quality instruction, mastery of challenging State academic standards, and improved student outcomes, including for each subgroup of students described in section 1111(c)(2) of the Act; (2) The plan the SEA or consortium, in consultation with any external partners, if applicable, has to— (i) Develop and use standardized and calibrated tools, rubrics, methods, or other strategies for scoring innovative assessments throughout the demonstration authority period, consistent with relevant nationally recognized professional and technical standards, to ensure inter-rater reliability and comparability of innovative assessment results consistent with § 200.105(b)(4)(ii), which may include evidence of inter-rater reliability; and (ii) Train evaluators to use such strategies, if applicable; and (3) If the system will initially be administered in a subset of schools or LEAs in a State— (i) The strategies the SEA, including each SEA in a consortium, will use to scale the innovative assessment to all schools statewide, with a rationale for selecting those strategies; (ii) The strength of the SEA's or consortium's criteria that will be used to determine LEAs and schools that … | ||||
| 34:34:1.2.2.1.1.5.128.7 | 34 | Education | II | 200 | PART 200—TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED | E | Subpart E—General Provisions | § 200.107 Transition to statewide use. | ED | [81 FR 88971, Dec. 8, 2016] | (a)(1) After an SEA has scaled its innovative assessment system to operate statewide in all schools and LEAs in the State, the SEA must submit evidence for peer review under section 1111(a)(4) of the Act and § 200.2(d) to determine whether the system may be used for purposes of both academic assessments and the State accountability system under sections 1111(b)(2), (c), and (d) and 1003 of the Act. (2) An SEA may only use the innovative assessment system for the purposes described in paragraph (a)(1) of this section if the Secretary determines that the system is of high quality consistent with paragraph (b) of this section. (b) Through the peer review process of State assessments and accountability systems under section 1111(a)(4) of the Act and § 200.2(d), the Secretary determines that the innovative assessment system is of high quality if— (1) An innovative assessment developed in any grade or subject under § 200.5(a)(1) and section 1111(b)(2)(B)(v) of the Act— (i) Meets all of the requirements under section 1111(b)(2) of the Act and § 200.105(b) and (c); (ii) Provides coherent and timely information about student achievement based on the challenging State academic standards under section 1111(b)(1) of the Act; (iii) Includes objective measurements of academic achievement, knowledge, and skills; and (iv) Is valid, reliable, and consistent with relevant, nationally recognized professional and technical standards; (2) The SEA provides satisfactory evidence that it has examined the statistical relationship between student performance on the innovative assessment in each subject area and student performance on other measures of success, including the measures used for each relevant grade-span within the remaining indicators ( i.e., indicators besides Academic Achievement) in the statewide accountability system under section 1111(c)(4)(B)(ii)-(v) of the Act, and how the inclusion of the innovative assessment in its Academic Achievement indicator under section 1111(c)(4)(B)(i) of the Act affects the annual m… | ||||
| 34:34:1.2.2.1.1.5.128.8 | 34 | Education | II | 200 | PART 200—TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED | E | Subpart E—General Provisions | § 200.108 Extension, waivers, and withdrawal of authority. | ED | [81 FR 88971, Dec. 8, 2016] | (a) Extension. (1) The Secretary may extend an SEA's demonstration authority period for no more than two years if the SEA submits to the Secretary— (i) Evidence that its innovative assessment system continues to meet the requirements under § 200.105 and the SEA continues to implement the plan described in its application in response to the selection criteria in § 200.106 in all participating schools and LEAs; (ii) A high-quality plan, including input from stakeholders under § 200.105(a)(2), for transitioning to statewide use of the innovative assessment system by the end of the extension period; and (iii) A demonstration that the SEA and all LEAs that are not yet fully implementing the innovative assessment system have sufficient capacity to support use of the system statewide by the end of the extension period. (2) In the case of a consortium of SEAs, the Secretary may extend the demonstration authority period for the consortium as a whole or for an individual member SEA. (b) Withdrawal of demonstration authority. (1) The Secretary may withdraw the innovative assessment demonstration authority provided to an SEA, including an individual SEA member of a consortium, if at any time during the approved demonstration authority period or extension period, the Secretary requests, and the SEA does not present in a timely manner— (i) A high-quality plan, including input from stakeholders under § 200.105(a)(2), to transition to full statewide use of the innovative assessment system by the end of its approved demonstration authority period or extension period, as applicable; or (ii) Evidence that— (A) The innovative assessment system meets all requirements under § 200.105, including a demonstration that the innovative assessment system has met the requirements under § 200.105(b); (B) The SEA continues to implement the plan described in its application in response to the selection criteria in § 200.106; (C) The innovative assessment system includes and is used to assess all students attending participating sch… | ||||
| 34:34:1.2.2.1.1.5.128.9 | 34 | Education | II | 200 | PART 200—TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED | E | Subpart E—General Provisions | § 200.109 [Reserved] | ED |
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