[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: 34CFR200.39] [Page 461] 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. 200.39 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]