[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: 34CFR200.35]



[Page 459]

 

                           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. 200.35  Delay and removal.



    (a) Delay. (1) An LEA may delay, for a period not to exceed one 

year, implementation of requirements under the second year of school 

improvement, under corrective action, or under restructuring if--

    (i) The school makes AYP for one year; or

    (ii) The school's failure to make AYP is due to exceptional or 

uncontrollable circumstances, such as a natural disaster or a 

precipitous and unforeseen decline in the financial resources of the LEA 

or school.

    (2) The LEA may not take into account a period of delay under 

paragraph (a) of this section in determining the number of consecutive 

years of the school's failure to make AYP.

    (3) Except as provided in paragraph (b) of this section, the LEA 

must subject the school to further actions as if the delay never 

occurred.

    (b) Removal. If any school identified for school improvement, 

corrective action, or restructuring makes AYP for two consecutive school 

years, the LEA may not, for the succeeding school year--

    (1) Subject the school to the requirements of school improvement, 

corrective action, or restructuring; or

    (2) Identify the school for improvement.



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



[67 FR 71721, Dec. 2, 2002]