[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR200.2]

[Page 441-442]
 
                           TITLE 34--EDUCATION
 
                  CHAPTER II--OFFICE OF ELEMENTARY AND
              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. 200.2  State responsibilities for assessment.

    (a)(1) Each State, in consultation with its LEAs, must implement a 
system of high-quality, yearly student academic assessments that 
includes, at a minimum, academic assessments in mathematics, reading/
language arts and, beginning in the 2007-08 school year, science.
    (2)(i) The State may also measure the achievement of students in 
other academic subjects in which the State has adopted challenging 
academic content and student academic achievement standards.
    (ii) If a State has developed assessments in other subjects for all 
students, the State must include students participating under subpart A 
of this part in those assessments.
    (b) The assessment system required under this section must meet the 
following requirements:
    (1) Be the same assessment system used to measure the achievement of 
all

[[Page 442]]

students in accordance with Sec. 200.3 or Sec. 200.4.
    (2) Be designed to be valid and accessible for use by the widest 
possible range of students, including students with disabilities and 
students with limited English proficiency.
    (3)(i) Be aligned with the State's challenging academic content and 
student academic achievement standards; and
    (ii) Provide coherent information about student attainment of those 
standards.
    (4)(i) Be valid and reliable for the purposes for which the 
assessment system is used; and
    (ii) Be consistent with relevant, nationally recognized professional 
and technical standards.
    (5) Be supported by evidence (which the Secretary will provide, upon 
request, consistent with applicable federal laws governing the 
disclosure of information) from test publishers or other relevant 
sources that the assessment system is--
    (i) Of adequate technical quality for each purpose required under 
the Act; and
    (ii) Consistent with the requirements of this section.
    (6) Be administered in accordance with the timeline in Sec. 200.5.
    (7) Involve multiple up-to-date measures of student academic 
achievement, including measures that assess higher-order thinking skills 
and understanding of challenging content.
    (8) Objectively measure academic achievement, knowledge, and skills 
without evaluating or assessing personal or family beliefs and 
attitudes, except that this provision does not preclude the use of 
items--
    (i) Such as constructed-response, short answer, or essay questions; 
or
    (ii) That require a student to analyze a passage of text or to 
express opinions.
    (9) Provide for participation in the assessment system of all 
students in the grades being assessed consistent with Sec. 200.6.
    (10) Except as provided in Sec. 200.7, enable results to be 
disaggregated within each State, LEA, and school by--
    (i) Gender;
    (ii) Each major racial and ethnic group;
    (iii) English proficiency status;
    (iv) Migrant status as defined in Title I, part C of the Elementary 
and Secondary Education Act (hereinafter ``the Act'');
    (v) Students with disabilities as defined under section 602(3) of 
the Individuals with Disabilities Education Act (IDEA) as compared to 
all other students; and
    (vi) Economically disadvantaged students as compared to students who 
are not economically disadvantaged.
    (11) Produce individual student reports consistent with Sec. 
200.8(a).
    (12) Enable itemized score analyses to be produced and reported to 
LEAs and schools consistent with Sec. 200.8(b).
    (c) The State assessment system may include academic assessments 
that do not meet the requirements in paragraph (b) of this section as 
additional measures. Those additional assessments--
    (1) May not reduce the number, or change the identity, of schools 
that would otherwise be subject to school improvement, corrective 
action, or restructuring under section 1116 of Title I of the Act, if 
those assessments were not used; but
    (2) May identify additional schools for school improvement, 
corrective action, or restructuring.

(Authority: 20 U.S.C. 6311(b)(3))

[67 FR 45040, July 5, 2002]