[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: 34CFR200.20] [Page 453-454] 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. 200.20 Making adequate yearly progress. A school or LEA makes AYP if it complies with paragraph (c) and with either paragraph (a) or (b) of this section separately in reading/ language arts and in mathematics. (a)(1) A school or LEA makes AYP if-- (i) Each group of students under Sec. 200.13(b)(7) meets or exceeds the State's annual measurable objectives under Sec. 200.18; and (ii) The school or LEA, respectively, meets or exceeds the State's other academic indicators under Sec. 200.19. (2) For a group under Sec. 200.13(b)(7) to be included in the determination of AYP for a school or LEA, the number of students in the group must be sufficient to yield statistically reliable information under Sec. 200.7(a). (b) If students in any group under Sec. 200.13(b)(7) in a school or LEA do not meet the State's annual measurable objectives under Sec. 200.18, the school or LEA makes AYP if-- [[Page 454]] (1) The percentage of students in that group below the State's proficient achievement level decreased by at least 10 percent from the preceding year; and (2) That group made progress on one or more of the State's academic indicators under Sec. 200.19 or the LEA's academic indicators under Sec. 200.30(c). (c)(1) A school or LEA makes AYP if-- (i) Not less than 95 percent of the students enrolled in each group under Sec. 200.13(b)(7) takes the State assessments under Sec. 200.2; and (ii) The group is of sufficient size to produce statistically reliable results under Sec. 200.7(a). (2) The requirement in paragraph (c)(1) of this section does not authorize a State, LEA, or school to systematically exclude 5 percent of the students in any group under Sec. 200.13(b)(7). (3) If a student takes the State assessments for a particular subject or grade level more than once, the State must use the student's results from the first administration to determine AYP. (d) For the purpose of determining whether a school or LEA has made AYP, a State may establish a uniform procedure for averaging data that includes one or more of the following: (1) Averaging data across school years. (i) A State may average data from the school year for which the determination is made with data from one or two school years immediately preceding that school year. (ii) If a State averages data across school years, the State must-- (A) Implement, on schedule, the assessments in reading/language arts and mathematics in grades 3 through 8 and once in grades 10 through 12 required under Sec. 200.5(a)(2); (B) Report data resulting from the assessments under Sec. 200.5(a)(2); (C) Determine AYP under Sec. Sec. 200.13 through 200.20, although the State may base that determination on data only from the reading/ language arts and mathematics assessments in the three grade spans required under Sec. 200.5(a)(1); and (D) Implement the requirements in section 1116 of the ESEA. (iii) A State that averages data across years must determine AYP on the basis of the assessments under Sec. 200.5(a)(2) as soon as it has data from two or three years to average. Until that time, the State may use data from the reading/language arts and mathematics assessments required under Sec. 200.5(a)(1) to determine adequate yearly progress. (2) Combining data across grades. Within each subject area and subgroup, the State may combine data across grades in a school or LEA. (e)(1) In determining the AYP of an LEA, a State must include all students who were enrolled in schools in the LEA for a full academic year, as defined by the State. (2) In determining the AYP of a school, the State may not include students who were not enrolled in that school for a full academic year, as defined by the State. (Authority: 20 U.S.C. 6311(b)(2), (b)(3)(C)(xi)) [67 FR 71717, Dec. 2, 2002]