[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: 34CFR200.49]



[Page 471-472]

 

                           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.  200.49  SEA responsibilities for school improvement, corrective 

action, and restructuring.



    (a) Transition requirements for public school choice and 

supplemental educational services. (1) Except as described in Sec. Sec.  

200.32(d) and 200.33(c), if a school was in school improvement or 

subject to corrective action on January 7, 2002, the SEA must ensure 

that the LEA for that school provides public school choice in accordance 

with Sec.  200.44 not later than the first day of the 2002-2003 school 

year.

    (2) Except as described in Sec. Sec.  200.32(d) and 200.33(c), if a 

school was in school improvement status for two or more consecutive 

school years or subject to corrective action on January 7, 2002, the SEA 

must ensure that the LEA for that school makes available supplemental 

educational services in accordance with Sec.  200.45 not later than the 

first day of the 2002-2003 school year.

    (b) State reservation of funds for school improvement. (1) In 

accordance with Sec.  200.100(a), an SEA must reserve 2 percent of the 

amount it receives under this part for fiscal years 2002 and 2003, and 4 

percent of the amount it receives under this part for fiscal years 2004 

through 2007, to--

    (i) Support local school improvement activities;

    (ii) Provide technical assistance to schools identified for 

improvement, corrective action, or restructuring; and

    (iii) Provide technical assistance to LEAs that the SEA has 

identified for improvement or corrective action in accordance with Sec.  

200.50.

    (2) Of the amount it reserves under paragraph (b)(1) of this 

section, the SEA must--

    (i) Allocate not less than 95 percent directly to LEAs serving 

schools identified for improvement, corrective action, and restructuring 

to support improvement activities; or

    (ii) With the approval of the LEA, directly provide for these 

improvement activities or arrange to provide them through such entities 

as school support teams or educational service agencies.

    (3) In providing assistance to LEAs under paragraph (b)(2) of this 

section, the SEA must give priority to LEAs that--

    (i) Serve the lowest-achieving schools;

    (ii) Demonstrate the greatest need for this assistance; and

    (iii) Demonstrate the strongest commitment to ensuring that this 

assistance will be used to enable the lowest-achieving schools to meet 

the progress goals in the school improvement plans under Sec.  200.41.

    (c) Technical assistance. The SEA must make technical assistance 

available, through the statewide system of support and improvement 

required by section 1117 of the ESEA, to schools that LEAs have 

identified for improvement, corrective action, or restructuring.

    (d) LEA failure. If the SEA determines that an LEA has failed to 

carry out its responsibilities with respect to school improvement, 

corrective action, or restructuring, the SEA must take the actions it 

determines to be appropriate and in compliance with State law.

    (e) Assessment results. (1) The SEA must ensure that the results of 

academic assessments administered as part of the State assessment system 

in a given school year are available to LEAs before the beginning of the 

next school year and in such time as to allow for the identification 

described in Sec.  200.32(a)(2).

    (2) The SEA must provide the results described in paragraph (e)(1) 

of this section to a school before an LEA may identify the school for 

school improvement under Sec.  200.32, corrective action under Sec.  

200.33, or restructuring under Sec.  200.34.

    (f) Accountability for charter schools. The accountability 

provisions under section 1116 of the ESEA must be overseen for charter 

schools in accordance with State charter school law.

    (g) Factors affecting student achievement. The SEA must notify the 

Secretary of Education of major factors that have been brought to the 

SEA's attention under section 1111(b)(9) of the ESEA that have 

significantly affected student academic achievement in



[[Page 472]]



schools and LEAs identified for improvement within the State.



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

1810-0581)



(Authority: 20 U.S.C. 6311 and 6316)



[67 FR 71725, Dec. 2, 2002]