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CHAPTER 11-OFFICE OF ELEMENTARY AND SECONDARY EDUCATION, DEPARTMENT OF

EDUCATION

Page

Part 200

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Title I–Helping disadvantaged children meet high

standards
Special educational programs for students whose

families are engaged in migrant and other sea-
sonal farmwork—High school equivalency pro-

gram and college assistance migrant program .....
Impact aid programs ..........
Christa McAuliffe Fellowship Program .........
Indian Fellowship and Professional Development

Programs ............
Desegregation of public education
State Educational Agency Desegregation Program
Desegregation Assistance Center Program
Magnet Schools Assistance Program .........
General provisions .......

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PARTICIPATION OF ELIGIBLE CHILDREN IN

PRIVATE SCHOOLS 200.10 Responsibilities for providing serv

ices to children in private schools. 200.11 Factors for determining equitable

participation of children in private

schools. 200.12 Requirements to ensure that funds do

not benefit a private school. 200.13 Requirements concerning property,

equipment, and supplies for the benefit of

private school children. 200.14 [Reserved)

CAPITAL EXPENSES 200.15 Payments to SEAs for capital ex

penses. 200.16 Payments to LEAs for capital ex

penses. 200.17 Use of LEA payments for capital ex

penses. 200.18-200.19 (Reserved]

Subpart E-General Provisions 200.60 Reservation of funds for State admin

istration and school improvement. 200.61 Use of funds reserved for State ad

ministration. 200.62 (Reserved) 200.63 Exclusion of supplemental State and

local funds from supplement, not sup

plant and comparability determinations. 200.64 [Reserved] 200.65 Definitions. 200.66-200.69 (Reserved]

AUTHORITY: 20 U.S.C. 6301-6514, unless otherwise noted.

SOURCE: 60 FR 34802, July 3, 1995, unless otherwise noted.

PROCEDURES FOR THE WITHIN-STATE

ALLOCATION OF LEA PROGRAM FUNDS 200.20 Allocation of funds to LEAS. 200.21 Determination of the number of chil

dren eligible to be counted. 200.22 Allocation of basic grants. 200.23 Allocation of concentration grants. 200.24 Allocation of targeted grants. 200.25 Applicable hold-harmless provisions. 200.26 (Reserved)

Subpart A Improving Basic Pro

grams Operated by Local Educational Agencies

STANDARDS, ASSESSMENT, AND

ACCOUNTABILITY

PROCEDURES FOR THE WITHIN-DISTRICT

ALLOCATION OF LEA PROGRAM FUNDS 200.27 Reservation of funds by an LEA. 200.28 Allocation of funds to school attend

ance areas and schools. 200.29 [Reserved)

$ 200.1 Contents of a State plan.

(a)(1) A State that desires to receive a grant under this subpart shall submit to the Secretary a plan that meets the requirements of this section.

(2) A State plan must be

(i) Developed with broad-based con- and skills and held to the same expecsultation throughout the planning tations as are all children. process with local educational agencies (2) Assessments. The State plan (LEAs), teachers, pupil services per mustsonnel, other staff, parents, and admin (i) Demonstrate that the State has istrators, including principals;

developed or adopted a set of high(ii) Developed with substantial in quality yearly student assessments, involvement of the Committee of Practi- cluding assessments that measure pertioners established under section formance in at least mathematics and 1603(b) of the Elementary and Sec reading/language arts, in accordance ondary Education Act of 1965, as with $ 200.4, that will be used as the priamended (Act), and continue to involve mary means of determining the yearly the Committee in monitoring the performance of each school and LEA plan's implementation; and

served under this subpart in enabling (iii) Coordinated with other plans de all children participating under this veloped under the Act, the Goals 2000: subpart to meet the State's student Educate America Act, and other acts, performance standards; or as appropriate, consistent with section (ii) If a State has not developed or 14307 of the Act.

adopted assessments that measure per(3) In lieu of a State plan under this formance in at least mathematics and section, a State may include programs reading language arts in accordance under this part in a consolidated State with $ 200.4 plan submitted in accordance with sec (A) Describe the State's quality tion 14302 of the Act.

benchmarks, timetables, and reporting (b) A State plan must address the fol schedule for completing the developlowing:

ment and field-testing of those assess(1) Challenging standards. The State ments by the beginning of the 2000-2001 plan must include

school year; and (i) Evidence that demonstrates that, (B) Describe the transitional set of

(A) The State has developed or adopt- yearly statewide assessments the State ed challenging content and student will use to assess students' performperformance standards for all students ance in mastering complex skills and in accordance with $ 200.2; and

challenging subject matter; and (B) The State's procedure for setting (iii)(A) Identify the languages other the student performance levels applies than English that are spoken by the recognized professional and technical student population participating under knowledge for establishing the student this subpart; and performance levels; or

(B) Indicate the languages for which (ii) The State's strategy and schedule yearly student assessments that meet for developing or adopting by the be- the requirements of this section are ginning of the 1997-1998 school year not available and are needed and de

(A) Challenging content and student velop a timetable for progress toward performance standards for all students the development of these assessments. in accordance with 8200.2(b); or

(3) Adequate yearly progress. The State (B) Content and student performanceplan muststandards for elementary and sec- (i) Demonstrate, based on the assessondary school children served underments described under $200.4, what conthis subpart in accordance with stitutes adequate yearly progress to$200.2(c), if the State will not have de- ward enabling all children to meet the veloped or adopted content and student State performance standards of performance standards for all students (A) Any school served under this subby the 1997–1998 school year or does not part; and intend to develop such standards.

(B) Any LEA that receives funds (iii) For subjects in which students under this subpart; or will be served under this subpart but (ii) For any year in which a State for which a State has no standards, the uses transitional assessments under State plan must describe the State's $200.4(e), describe how the State will strategy for ensuring that those stu- identify schools under $ 200.5 and LEAS dents are taught the same knowledge under 8 200.6 in accordance with $200.3.

(4) Capacity building. Each State plan shall describe

(i) How the State educational agency (SEA) will help each LEA and school affected by the State plan to develop the capacity to comply with each of the requirements of sections 1112(c)(1)(D), 1114(b), and 1115(c) of the Act that is applicable to the LEA and school; and

(ii) Other factors the State deems appropriate, which may include opportunity-to-learn standards or strategies developed under the Goals 2000: Educate America Act, to provide students an opportunity to achieve the knowledge and skills described in the challenging content standards developed or adopted by the State. (Authority: 20 U.S.C. 6311) 8200.2 State responsibilities for devel

oping challenging standards. (a) Standards in general. (1) A State shall develop or adopt challenging content and student performance standards that will be used by the State, its LEAs, and its schools to carry out this subpart.

(2) Standards under this subpart must include_

(i) Challenging content standards in academic subjects that,

(A) Specify what children are expected to know and be able to do;

(B) Contain coherent and rigorous content; and

(C) Encourage the teaching of advanced skills; and

(ii) Challenging student performance standards that

(A) Are aligned with the State's content standards;

(B) Describe two levels of high performance-proficient and advancedthat determine how well children are mastering the material in the State's content standards; and

(C) Describe a third level of performance-partially proficient to provide complete information to measure the progress of lower-performing children toward achieving to the proficient and advanced levels of performance.

(b) Standards for all children. A State that has developed or adopted content standards and student performance standards for all students under title III of the Goals 2000: Educate America

Act or under another process, or will develop or adopt such standards by the beginning of the 1997–1998 school year, shall use those standards, modified, if necessary, to conform with the requirements in paragraph (a) of this section and 8 200.3, to carry out this subpart.

(c) Standards for children served under this subpart. (1) If a State will not have developed or adopted content and student performance standards for all students by the beginning of the 1997–1998 school year, or does not intend to develop those standards, the State shall develop content and student performance standards for elementary and secondary school children served under this subpart in subject areas as determined by the State, but including at least mathematics and reading/language arts. These standards must

(i) Include the same knowledge, skills, and levels of performance expected of all children;

(ii) Meet the requirements in paragraph (a) of this section and $ 200.3; and

(iii) Be developed by the beginning of the 1997-1998 school year.

(2) If a State has not developed content and student performance standards in mathematics and reading/language arts for elementary and secondary school children served under this subpart by the beginning of the 1997–1998 school year, the State shall then adopt a set of standards in those subjects such as the standards contained in other State plans the Secretary has approved.

(3) If and when a State develops or adopts standards for all children, the State shall use those standards to carry out this subpart. (Authority: 20 U.S.C. 6311(b)) $ 200.3 Requirements for adequate

progress. (a) Except as provided in paragraph (c) of this section, each State shall determine, based on the State assessment system described in $200.1, what constitutes adequate yearly progress of

(1) Any school served under this subpart toward enabling children to meet the State's student performance standards; and

(2) Any LEA that receives funds under this subpart toward enabling children in schools served under this

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