[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: 34CFR200.33]

[Page 458-459]
 
                           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. 200.33  Identification for corrective action.

    (a) If a school served by an LEA under subpart A of this part fails 
to make AYP by the end of the second full school year after the LEA has 
identified the school for improvement under

[[Page 459]]

Sec. 200.32(a) or (b), or by the end of the first full school year 
after the LEA has identified the school for improvement under Sec. 
200.32(c), the LEA must identify the school for corrective action under 
Sec. 200.42.
    (b) If a school was subject to corrective action on January 7, 2002, 
the LEA must--
    (1) Treat the school as a school identified for corrective action 
under Sec. 200.42 for the 2002-2003 school year; and
    (2) Not later than the first day of the 2002-2003 school year--
    (i) In accordance with Sec. 200.44, provide public school choice to 
all students in the school;
    (ii) In accordance with Sec. 200.45, make available supplemental 
educational services to eligible students who remain in the school; and
    (iii) Take corrective action under Sec. 200.42.
    (c) An LEA may remove from corrective action a school otherwise 
subject to the requirements of paragraphs (a) or (b) of this section if, 
on the basis of assessments administered by the LEA during the 2001-2002 
school year, the school makes AYP for a second consecutive year.

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

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

[67 FR 71721, Dec. 2, 2002]