[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: 34CFR200.19]

[Page 431-432]
 
                           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. 200.19  Other academic indicators.

    (a) Each State must use the following other academic indicators to 
determine AYP:
    (1) High schools. (i) The graduation rate for public high schools, 
which means--
    (A) The percentage of students, measured from the beginning of high 
school, who graduate from high school with a regular diploma (not 
including an alternative degree that is not fully aligned with the 
State's academic standards, such as a certificate or a GED) in the 
standard number of years; or
    (B) Another definition, developed by the State and approved by the 
Secretary in the State plan, that more accurately measures the rate of 
students who graduate from high school with a regular diploma as defined 
in paragraph (a)(1)(i)(A) of this section.
    (ii) In defining graduation rate, the State must avoid counting a 
dropout as a transfer.
    (2) Elementary and middle schools. At least one academic indicator 
for public elementary schools and at least one academic indicator for 
public middle schools, such as those under paragraph (b) of this 
section.
    (b) The State may include additional academic indicators determined 
by the State, including, but not limited to, the following:
    (1) Additional State or locally administered assessments not 
included in the State assessment system under Sec. 200.2.
    (2) Grade-to-grade retention rates.

[[Page 432]]

    (3) Attendance rates.
    (4) Percentages of students completing gifted and talented, advanced 
placement, and college preparatory courses.
    (c) A State must ensure that its other academic indicators are--
    (1) Valid and reliable;
    (2) Consistent with relevant, nationally recognized professional and 
technical standards, if any; and
    (3) Consistent throughout the State within each grade span.
    (d)(1) A State may, but is not required to, increase the goals of 
its other academic indicators over the course of the timeline under 
Sec. 200.15.
    (2) The State--
    (i) Must disaggregate its other academic indicators by each group in 
Sec. 200.13(b)(7) for purposes of Sec. 200.20(b)(2) and section 1111(h) 
of the ESEA; but
    (ii) Need not disaggregate those indicators for determining AYP 
except as required under section 1111(b)(2)(C)(vii) of the ESEA.
    (e) Except as provided in Sec. 200.20(b)(2), a State--
    (1) May not use the indicators in paragraphs (a) and (b) of this 
section to reduce the number, or change the identity, of schools that 
would otherwise be subject to school improvement, corrective action, or 
restructuring if those indicators were not used; but
    (2) May use the indicators to identify additional schools for school 
improvement, corrective action, or restructuring.

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

[67 FR 71717, Dec. 2, 2002]