[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR200.13]

[Page 430]
 
                           TITLE 34--EDUCATION
 
              SECONDARY EDUCATION, DEPARTMENT OF EDUCATION
 
PART 200--TITLE I--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED--
Table of Contents
 
   Subpart A--Improving Basic Programs Operated by Local Educational 
                                Agencies
 
Sec. 200.13  Adequate yearly progress in general.

    (a) Each State must demonstrate in its State plan what constitutes 
AYP of the State and of all public schools and LEAs in the State--
    (1) Toward enabling all public school students to meet the State's 
student academic achievement standards; while
    (2) Working toward the goal of narrowing the achievement gaps in the 
State, its LEAs, and its public schools.
    (b) A State must define AYP, in accordance with Secs. 200.14 through 
200.20, in a manner that--
    (1) Applies the same high standards of academic achievement to all 
public school students in the State;
    (2) Is statistically valid and reliable;
    (3) Results in continuous and substantial academic improvement for 
all students;
    (4) Measures the progress of all public schools, LEAs, and the State 
based primarily on the State's academic assessment system under 
Sec. 200.2;
    (5) Measures progress separately for reading/language arts and for 
mathematics;
    (6) Is the same for all public schools and LEAs in the State; and
    (7) Consistent with Sec. 200.7, applies the same annual measurable 
objectives under Sec. 200.18 separately to each of the following:
    (i) All public school students.
    (ii) Students in each of the following subgroups:
    (A) Economically disadvantaged students.
    (B) Students from major racial and ethnic groups.
    (C) Students with disabilities, as defined in section 9101(5) of the 
ESEA.
    (D) Students with limited English proficiency, as defined in section 
9101(25) of the ESEA.
    (c) The State must establish a way to hold accountable schools in 
which no grade level is assessed under the State's academic assessment 
system (e.g., K-2 schools), although the State is not required to 
administer a formal assessment to meet this requirement.

(Approved by the Office of Management and Budget under control number 
1810-0576)

(Authority: 20 U.S.C. 6311(b)(2))

[67 FR 71716, Dec. 2, 2002; 68 FR 1008, Jan. 8, 2003]