[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: 34CFR200.19]



[Page 453]

 

                           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.  200.19  Other academic indicators.



    (a) Each State must use the following other academic indicators to 

determine AYP:

    (1) High schools. (i) The graduation rate for public high schools, 

which means--

    (A) The percentage of students, measured from the beginning of high 

school, who graduate from high school with a regular diploma (not 

including an alternative degree that is not fully aligned with the 

State's academic standards, such as a certificate or a GED) in the 

standard number of years; or

    (B) Another definition, developed by the State and approved by the 

Secretary in the State plan, that more accurately measures the rate of 

students who graduate from high school with a regular diploma as defined 

in paragraph (a)(1)(i)(A) of this section.

    (ii) In defining graduation rate, the State must avoid counting a 

dropout as a transfer.

    (2) Elementary and middle schools. At least one academic indicator 

for public elementary schools and at least one academic indicator for 

public middle schools, such as those under paragraph (b) of this 

section.

    (b) The State may include additional academic indicators determined 

by the State, including, but not limited to, the following:

    (1) Additional State or locally administered assessments not 

included in the State assessment system under Sec.  200.2.

    (2) Grade-to-grade retention rates.

    (3) Attendance rates.

    (4) Percentages of students completing gifted and talented, advanced 

placement, and college preparatory courses.

    (c) A State must ensure that its other academic indicators are--

    (1) Valid and reliable;

    (2) Consistent with relevant, nationally recognized professional and 

technical standards, if any; and

    (3) Consistent throughout the State within each grade span.

    (d)(1) A State may, but is not required to, increase the goals of 

its other academic indicators over the course of the timeline under 

Sec.  200.15.

    (2) The State--

    (i) Must disaggregate its other academic indicators by each group in 

Sec.  200.13(b)(7) for purposes of Sec.  200.20(b)(2) and section 

1111(h) of the ESEA; but

    (ii) Need not disaggregate those indicators for determining AYP 

except as required under section 1111(b)(2)(C)(vii) of the ESEA.

    (e) Except as provided in Sec.  200.20(b)(2), a State--

    (1) May not use the indicators in paragraphs (a) and (b) of this 

section to reduce the number, or change the identity, of schools that 

would otherwise be subject to school improvement, corrective action, or 

restructuring if those indicators were not used; but

    (2) May use the indicators to identify additional schools for school 

improvement, corrective action, or restructuring.



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



[67 FR 71717, Dec. 2, 2002]