[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: 34CFR200.43]



[Page 465-466]

 

                           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.  200.43  Restructuring.



    (a) Definition. ``Restructuring'' means a major reorganization of a 

school's governance arrangement by an LEA that--

    (1) Makes fundamental reforms, such as significant changes in the 

school's staffing and governance, to improve student academic 

achievement in the school;

    (2) Has substantial promise of enabling the school to make AYP as 

defined under Sec. Sec.  200.13 through 200.20; and

    (3) Is consistent with State law.

    (b) Requirements. If the LEA identifies a school for restructuring 

in accordance with Sec.  200.34, 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) Make available supplemental educational services in accordance 

with Sec.  200.45.

    (3) Prepare a plan to carry out one of the following alternative 

governance arrangements:

    (i) Reopen the school as a public charter school.

    (ii) Replace all or most of the school staff, which may include the 

principal, who are relevant to the school's failure to make AYP.

    (iii) Enter into a contract with an entity, such as a private 

management company, with a demonstrated record of effectiveness, to 

operate the school as a public school.

    (iv) Turn the operation of the school over to the SEA, if permitted 

under State law and agreed to by the State.

    (v) Any other major restructuring of a school's governance 

arrangement consistent with this section.

    (4) Provide to parents and teachers--

    (i) Prompt notice that the LEA has identified the school for 

restructuring; and

    (ii) An opportunity for parents and teachers to--



[[Page 466]]



    (A) Comment before the LEA takes any action under a restructuring 

plan; and

    (B) Participate in the development of any restructuring plan.

    (c) Implementation. (1) If a school continues to fail to make AYP, 

the LEA must--

    (i) Implement the restructuring plan no later than the beginning of 

the school year following the year in which the LEA developed the 

restructuring plan under paragraph (b)(3) of this section; and

    (ii) Continue to offer public school choice and supplemental 

educational services in accordance with Sec. Sec.  200.44 and 200.45.

    (2) An LEA is no longer required to carry out the requirements of 

paragraph (c)(1) of this section if the restructured school makes AYP 

for two consecutive school years.

    (d) Rural schools. On request, the Secretary will provide technical 

assistance for developing and carrying out a restructuring plan to any 

rural LEA--

    (1) That has fewer than 600 students in average daily attendance at 

all of its schools; and

    (2) In which all of the schools have a School Locale Code of 7 or 8, 

as determined by the National Center for Education Statistics.



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

1810-0581)



(Authority: 20 U.S.C. 6316(b)(8))



[67 FR 71723, Dec. 2, 2002]