[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: 34CFR200.49]

[Page 449-450]
 
                           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. 200.49  SEA responsibilities for school improvement, corrective action, 
and restructuring.

    (a) Transition requirements for public school choice and 
supplemental educational services. (1) Except as described in 
Secs. 200.32(d) and 200.33(c), if a school was in school improvement or 
subject to corrective action on January 7, 2002, the SEA must ensure 
that the LEA for that school provides public school choice in accordance 
with Sec. 200.44 not later than the first day of the 2002-2003 school 
year.
    (2) Except as described in Secs. 200.32(d) and 200.33(c), if a 
school was in school improvement status for two or more consecutive 
school years or subject to corrective action on January 7, 2002, the SEA 
must ensure that the LEA for that school makes available supplemental 
educational services in accordance with Sec. 200.45 not later than the 
first day of the 2002-2003 school year.
    (b) State reservation of funds for school improvement. (1) In 
accordance with Sec. 200.100(a), an SEA must reserve 2 percent of the 
amount it receives under this part for fiscal years 2002 and 2003, and 4 
percent of the amount it receives under this part for fiscal years 2004 
through 2007, to--
    (i) Support local school improvement activities;
    (ii) Provide technical assistance to schools identified for 
improvement, corrective action, or restructuring; and
    (iii) Provide technical assistance to LEAs that the SEA has 
identified for

[[Page 450]]

improvement or corrective action in accordance with Sec. 200.50.
    (2) Of the amount it reserves under paragraph (b)(1) of this 
section, the SEA must--
    (i) Allocate not less than 95 percent directly to LEAs serving 
schools identified for improvement, corrective action, and restructuring 
to support improvement activities; or
    (ii) With the approval of the LEA, directly provide for these 
improvement activities or arrange to provide them through such entities 
as school support teams or educational service agencies.
    (3) In providing assistance to LEAs under paragraph (b)(2) of this 
section, the SEA must give priority to LEAs that--
    (i) Serve the lowest-achieving schools;
    (ii) Demonstrate the greatest need for this assistance; and
    (iii) Demonstrate the strongest commitment to ensuring that this 
assistance will be used to enable the lowest-achieving schools to meet 
the progress goals in the school improvement plans under Sec. 200.41.
    (c) Technical assistance. The SEA must make technical assistance 
available, through the statewide system of support and improvement 
required by section 1117 of the ESEA, to schools that LEAs have 
identified for improvement, corrective action, or restructuring.
    (d) LEA failure. If the SEA determines that an LEA has failed to 
carry out its responsibilities with respect to school improvement, 
corrective action, or restructuring, the SEA must take the actions it 
determines to be appropriate and in compliance with State law.
    (e) Assessment results. (1) The SEA must ensure that the results of 
academic assessments administered as part of the State assessment system 
in a given school year are available to LEAs before the beginning of the 
next school year and in such time as to allow for the identification 
described in Sec. 200.32(a)(2).
    (2) The SEA must provide the results described in paragraph (e)(1) 
of this section to a school before an LEA may identify the school for 
school improvement under Sec. 200.32, corrective action under 
Sec. 200.33, or restructuring under Sec. 200.34.
    (f) Accountability for charter schools. The accountability 
provisions under section 1116 of the ESEA must be overseen for charter 
schools in accordance with State charter school law.
    (g) Factors affecting student achievement. The SEA must notify the 
Secretary of Education of major factors that have been brought to the 
SEA's attention under section 1111(b)(9) of the ESEA that have 
significantly affected student academic achievement in schools and LEAs 
identified for improvement within the State.

(Approved by the Office of Management and Budget under control number 
1810-0581)

(Authority: 20 U.S.C. 6311 and 6316)

[67 FR 71725, Dec. 2, 2002]