[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: 34CFR200.39]

[Page 461]
 
                           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. 200.39  Responsibilities resulting from identification for school 
improvement.

    (a) If an LEA identifies a school for school improvement under Sec. 
200.32--
    (1) The LEA must--
    (i) Not later than the first day of the school year following 
identification, with the exception described in Sec. 200.32(f), provide 
all students enrolled in the school with the option to transfer, in 
accordance with Sec. 200.44, to another public school served by the 
LEA; and
    (ii) Ensure that the school receives technical assistance in 
accordance with Sec. 200.40; and
    (2) The school must develop or revise a school improvement plan in 
accordance with Sec. 200.41.
    (b) If a school fails to make AYP by the end of the first full 
school year after the LEA has identified it for improvement under Sec. 
200.32, the LEA must--
    (1) Continue to provide all students enrolled in the school with the 
option to transfer, in accordance with Sec. 200.44, to another public 
school served by the LEA;
    (2) Continue to ensure that the school receives technical assistance 
in accordance with Sec. 200.40; and
    (3) Make available supplemental educational services in accordance 
with Sec. 200.45.

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

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

[67 FR 71721, Dec. 2, 2002]