[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: 34CFR200.42]



[Page 464-465]

 

                           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.  200.42  Corrective action.



    (a) Definition. ``Corrective action'' means action by an LEA that--

    (1) Substantially and directly responds to--



[[Page 465]]



    (i) The consistent academic failure of a school that led the LEA to 

identify the school for corrective action; and

    (ii) Any underlying staffing, curriculum, or other problems in the 

school;

    (2) Is designed to increase substantially the likelihood that each 

group of students described in Sec.  200.13(b)(7) and enrolled in the 

school will meet or exceed the State's proficient levels of achievement 

as measured by the State assessment system; and

    (3) Is consistent with State law.

    (b) Requirements. If an LEA identifies a school for corrective 

action, in accordance with Sec.  200.33, the LEA must do the following:

    (1) Continue to provide all students enrolled in the school with the 

option to transfer to another public school in accordance with Sec.  

200.44.

    (2) Continue to ensure that the school receives technical assistance 

consistent with the requirements of Sec.  200.40.

    (3) Make available supplemental educational services in accordance 

with Sec.  200.45.

    (4) Take at least one of the following corrective actions:

    (i) Replace the school staff who are relevant to the school's 

failure to make AYP.

    (ii) Institute and fully implement a new curriculum, including the 

provision of appropriate professional development for all relevant 

staff, that--

    (A) Is grounded in scientifically based research; and

    (B) Offers substantial promise of improving educational achievement 

for low-achieving students and of enabling the school to make AYP.

    (iii) Significantly decrease management authority at the school 

level.

    (iv) Appoint one or more outside experts to advise the school on--

    (A) Revising the school improvement plan developed under Sec.  

200.41 to address the specific issues underlying the school's continued 

failure to make AYP and resulting in identification for corrective 

action; and

    (B) Implementing the revised improvement plan.

    (v) Extend for that school the length of the school year or school 

day.

    (vi) Restructure the internal organization of the school.



(Approved by the Office of Management and Budget under control number 

1810-0581)



(Authority: 20 U.S.C. 6316(b)(7))



[67 FR 71723, Dec. 2, 2002]