[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR200.13]



[Page 450-451]

 

                           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.  200.13  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 451]]



    (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]