Subpart B-Even Start Family Literacy
Programs

200.30 Migrant Education Even Start Program definition.

200.31-200.39 [Reserved]

Subpart C-Migrant Education Program

200.40 Program definitions.

200.41 Use of program funds for unique program function costs.

200.42 Responsibilities of SEAS and operating agencies for assessing the effectiveness of the MEP.

200.43 Responsibilities of SEAS and operating agencies for improving services to migratory children.

200.44 Use of MEP funds in schoolwide projects.

200.45 Responsibilities for participation of children in private schools. 200.46-200.49 [Reserved]

Subpart D-Prevention and Intervention Programs for Children and Youth Who Are Neglected, Delinquent, or At-Risk of Dropping Out

200.50 200.51 SEA counts of eligible children. 200.52-200.59 [Reserved]

Program definitions.

Subpart E-General Provisions

200.60 Reservation of funds for State administration and school improvement. 200.61 Use of funds reserved for State administration.

200.62 [Reserved]

200.63 Exclusion of supplemental State and local funds from supplement, not supplant 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.

Subpart A-Improving Basic Programs Operated by Local Educational Agencies

STANDARDS, ASSESSMENT, AND

ACCOUNTABILITY

§ 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 consultation throughout the planning process with local educational agencies (LEAS), teachers, pupil services personnel, other staff, parents, and administrators, including principals;

(ii) Developed with substantial involvement of the Committee of Practitioners established under section 1603(b) of the Elementary and Secondary Education Act of 1965, as amended (Act), and continue to involve the Committee in monitoring the plan's implementation; and

(iii) Coordinated with other plans developed under the Act, the Goals 2000: Educate America Act, and other acts, as appropriate, consistent with section 14307 of the Act.

(3) In lieu of a State plan under this section, a State may include programs under this part in a consolidated State plan submitted in accordance with section 14302 of the Act.

(b) A State plan must address the following:

(1) Challenging standards. The State plan must include

(i) Evidence that demonstrates that(A) The State has developed or adopted challenging content and student performance standards for all students in accordance with § 200.2; and

(B) The State's procedure for setting the student performance levels applies recognized professional and technical knowledge for establishing the student performance levels; or

(ii) The State's strategy and schedule for developing or adopting by the beginning of the 1997-1998 school year

(A) Challenging content and student performance standards for all students in accordance with §200.2(b); or

(B) Content and student performance standards for elementary and secondary school children served under this subpart in accordance with §200.2(c), if the State will not have developed or adopted content and student performance standards for all students by the 1997-1998 school year or does not intend to develop such standards.

(iii) For subjects in which students will be served under this subpart but for which a State has no standards, the State plan must describe the State's strategy for ensuring that those students are taught the same knowledge

and skills and held to the same expectations as are all children.

(2) Assessments. The State plan must

(i) Demonstrate that the State has developed or adopted a set of highquality yearly student assessments, including assessments that measure performance in at least mathematics and reading/language arts, in accordance with §200.4, that will be used as the primary means of determining the yearly performance of each school and LEA served under this subpart in enabling all children participating under this subpart to meet the State's student performance standards; or

(ii) If a State has not developed or adopted assessments that measure performance in at least mathematics and reading/language arts in accordance with § 200.4-—

(A) Describe the State's quality benchmarks, timetables, and reporting schedule for completing the development and field-testing of those assessments by the beginning of the 2000-2001 school year; and

(B) Describe the transitional set of yearly statewide assessments the State will use to assess students' performance in mastering complex skills and challenging subject matter; and

(iii)(A) Identify the languages other than English that are spoken by the student population participating under this subpart; and

(B) Indicate the languages for which yearly student assessments that meet the requirements of this section are not available and are needed and develop a timetable for progress toward the development of these assessments. (3) Adequate yearly progress. The State plan must

(i) Demonstrate, based on the assessments described under §200.4, what constitutes adequate yearly progress toward enabling all children to meet the State performance standards of—

(A) Any school served under this subpart; and

(B) Any LEA that receives funds under this subpart; or

(ii) For any year in which a State uses transitional assessments under § 200.4(e), describe how the State will identify schools under §200.5 and LEAS under $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)

§ 200.2 State responsibilities for developing 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 §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 mustthe (i) Include knowledge, skills, and levels of performance expected of all children;

same

(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