[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: 34CFR200.4]

[Page 425-426]
 
                           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. 200.4  State law exception.

    (a) If a State provides satisfactory evidence to the Secretary that 
neither the State educational agency (SEA) nor any other State 
government 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 Secs. 200.1 and 200.2 by--
    (1) Adopting academic standards and academic assessments that meet 
the requirements of Secs. 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 Secs. 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 Sec. 200.1; and
    (ii) Academic assessments meet the requirements in Sec. 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(b)(2)(C)(v) of the Act; and
    (C) Provide unbiased, rational, and consistent determinations of the 
annual progress of LEAs and schools within the State; and
    (3) Be able to aggregate, with confidence, data from local 
assessments to

[[Page 426]]

determine whether the State has made adequate yearly progress.

(Authority: 20 U.S.C. 6311(b)(5))

[67 FR 45041, July 5, 2002]