[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR200.13]

[Page 448-449]
 
                           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. 200.13  Adequate yearly progress in general.

    (a) Each State must demonstrate in its State plan what constitutes 
AYP of the State and of all public schools and LEAs in the State--
    (1) Toward enabling all public school students to meet the State's 
student academic achievement standards; while
    (2) Working toward the goal of narrowing the achievement gaps in the 
State, its LEAs, and its public schools.
    (b) A State must define adequate yearly progress, in accordance with 
Sec. Sec. 200.14 through 200.20, in a manner that--
    (1) Applies the same high standards of academic achievement to all 
public school students in the State, except as provided in paragraph (c) 
of this section;
    (2) Is statistically valid and reliable;
    (3) Results in continuous and substantial academic improvement for 
all students;
    (4) Measures the progress of all public schools, LEAs, and the State 
based primarily on the State's academic assessment system under Sec. 
200.2;
    (5) Measures progress separately for reading/language arts and for 
mathematics;
    (6) Is the same for all public schools and LEAs in the State; and
    (7) Consistent with Sec. 200.7, applies the same annual measurable 
objectives under Sec. 200.18 separately to each of the following:
    (i) All public school students.

[[Page 449]]

    (ii) Students in each of the following subgroups:
    (A) Economically disadvantaged students.
    (B) Students from major racial and ethnic groups.
    (C) Students with disabilities, as defined in section 9101(5) of the 
ESEA.
    (D) Students with limited English proficiency, as defined in section 
9101(25) of the ESEA.
    (c)(1) In calculating adequate yearly progress for schools, LEAs, 
and the State, a State--
    (i) Must, consistent with Sec. 200.7(a), include the scores of all 
students with disabilities, even those with the most significant 
cognitive disabilities; but
    (ii) May include the proficient and advanced scores of students with 
the most significant cognitive disabilities based on the alternate 
academic achievement standards in Sec. 200.1(d), provided that the 
number of those students who score at the proficient or advanced level 
on those alternate achievement standards at the LEA and at the State 
levels, separately, does not exceed 1.0 percent of all students in the 
grades assessed in reading/language arts and in mathematics.
    (2) An SEA may request from the Secretary an exception permitting it 
to exceed the 1.0 percent cap. The Secretary will consider granting, for 
a specified period of time, an exception to a State if the following 
conditions are met:
    (i) The SEA documents that the incidence of students with the most 
significant cognitive disabilities exceeds 1.0 percent of all students 
in the grades assessed.
    (ii) The SEA explains why the incidence of such students exceeds 1.0 
percent of all students in the combined grades assessed, such as school, 
community, or health programs in the State that have drawn large numbers 
of families of students with the most significant cognitive 
disabilities, or such a small overall student population that it would 
take only a very few students with such disabilities to exceed the 1.0 
percent cap.
    (iii) The SEA documents that it is fully and effectively addressing 
the requirements of Sec. 200.6(a)(2)(iii).
    (3)(i) A State may grant an exception to an LEA permitting it to 
exceed the 1.0 percent cap in paragraph (c)(1) of this section only if 
the State evaluates the LEA's request using conditions consistent with 
paragraph (c)(2) of this section.
    (ii) The State must review regularly whether an LEA's exception to 
the 1.0 percent cap is still warranted.
    (4) In calculating adequate yearly progress, if the percentage of 
proficient and advanced scores based on alternate academic achievement 
standards under Sec. 200.1(d) exceeds the caps in paragraph (c)(1) 
through (3) of this section at the State or LEA level, the State must do 
the following:
    (i) Consistent with Sec. 200.7(a), include all scores of students 
with the most significant cognitive disabilities.
    (ii) Count as non-proficient the proficient and advanced scores 
above the caps in paragraph (c)(1) through (3) of this section.
    (iii) Determine which proficient scores to count as non-proficient 
in schools and LEAs responsible for students who take an alternate 
assessment based on alternate achievement standards.
    (iv) Include those non-proficient scores in each applicable subgroup 
at the school, LEA and State level.
    (v) Ensure that parents are informed of the actual academic 
achievement levels of their students with the most significant cognitive 
disabilities.
    (d) The State must establish a way to hold accountable schools in 
which no grade level is assessed under the State's academic assessment 
system (e.g., K-2 schools), although the State is not required to 
administer a formal assessment to meet this requirement.

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

(Authority: 20 U.S.C. 6311(b)(2))

[67 FR 71716, Dec. 2, 2002; 68 FR 1008, Jan. 8, 2003, as amended at 68 
FR 68703, Dec. 9, 2003]