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Monday,

May 6, 2002

Part III

Department of
Education
34 CFR Part 200
Title I—Improving the Academic
Achievement of the Disadvantaged;
Proposed Rules

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30452 Federal Register / Vol. 67, No. 87 / Monday, May 6, 2002 / Proposed Rules

DEPARTMENT OF EDUCATION Invitation to Comment nonregulatory guidance addressing


We invite you to submit comments particular legal and policy issues under
34 CFR Part 200 regarding these proposed regulations. the Title I programs. This guidance will
To ensure that your comments have inform schools, parents, school districts,
RIN 1810–AA92 maximum effect in developing the final States, and other affected parties about
regulations, we urge you to identify the flexibility that exists under the
Title I—Improving the Academic clearly the specific section or sections of statute, including different approaches
Achievement of the Disadvantaged the proposed regulations that each they may take to carry out the statute’s
comment addresses and to arrange your requirements.
AGENCY: Office of Elementary and
Secondary Education, Department of comments in the same order as the Negotiated Rulemaking
Education. proposed regulations.
During and after the comment period, Section 1901(b) of Title I of the ESEA
ACTION: Notice of proposed rulemaking. you may inspect all public comments describes procedures that the
about these proposed regulations in Department must follow in developing
SUMMARY: The Secretary proposes to and issuing regulations to implement
room 3W204, FB–6, 400 Maryland
amend the regulations governing the Avenue, SW., Washington, DC, between the Title I programs. Section 1901(b)(1)
programs administered under Title I of the hours of 8:30 a.m. and 4 p.m., requires the Secretary to obtain the
the Elementary and Secondary Eastern time, Monday through Friday of advice and recommendations of
Education Act of 1965, as amended each week except Federal holidays. representatives of Federal, State, and
(ESEA)—referred to in these proposed local administrators; parents; teachers;
regulations as the Title I programs. Assistance to Individuals With paraprofessionals; members of local
These proposed regulations are needed Disabilities in Reviewing the boards of education; and other
to implement recent changes to the Rulemaking Record
organizations involved with the
standards and assessment requirements On request, we will supply an implementation and operation of Title I
of Title I of the ESEA made by the No appropriate aid, such as a reader or programs. Accordingly, the Department
Child Left Behind Act of 2001 (NCLB print magnifier, to an individual with a published in the Federal Register on
Act) and were drafted subject to a disability who needs assistance to January 18, 2002 (67 FR 2770) a request
negotiated rulemaking process. review the comments or other for advice and recommendations on
DATES: We must receive your comments documents in the public rulemaking regulatory issues concerning Title I. We
on or before June 5, 2002. record for these proposed regulations. If received 178 responses. To obtain
you want to schedule an appointment additional advice and
ADDRESSES: Address all comments about
for this type of aid, please contact the recommendations, the Secretary invited
these proposed regulations to Joseph F.
person listed under FOR FURTHER a broad spectrum of individuals and
Johnson, Jr., Director, Compensatory
INFORMATION CONTACT. organizations affected by the Title I
Education Programs, Office of
Elementary and Secondary Education, Background programs to participate in focus group
U.S. Department of Education, 400 sessions in January and February in
The NCLB Act reauthorized the ESEA Tampa, Florida; New Orleans,
Maryland Avenue, SW., room 3W230, and incorporated the major educational
FB–6, Washington, DC 20202–6132. The Louisiana; Washington, DC; and Denver,
reforms proposed by President George
Fax number for submitting comments is Colorado.
W. Bush in his No Child Left Behind
(202) 260–7764. If you prefer to send initiative, particularly with regard to After obtaining this advice, the
your comments through the Internet, standards and assessment, Secretary established a negotiated
use the following address: accountability, and school rulemaking process on the issues of
TitleIRulemaking@ed.gov improvement. These provisions are the academic standards and assessments in
If you want to comment on the centerpiece of Title I, Part A of the accordance with section 1901(b)(3) of
information collection requirements, ESEA, as amended by the NCLB Act, Title I. The Secretary appointed
you must send your comments to Joseph which is designed to help members of a negotiated rulemaking
F. Johnson, Jr. at the address above. disadvantaged children meet high committee (the Committee) to
academic standards. participate in this process. The
FOR FURTHER INFORMATION CONTACT:
These proposed regulations would Committee was made up of 2
Susan Wilhelm, Compensatory
implement changes to the academic representatives of the U.S. Department
Education Programs, Office of
standards and assessment provisions of of Education and 22 individuals from all
Elementary and Secondary Education,
Title I, Part A of the ESEA in a manner geographic regions of the United States
U.S. Department of Education, 400
that respects State and local control over and was balanced between
Maryland Avenue, SW., room 3W202,
education while ensuring strong representatives of parents and students
FB–6, Washington, DC 20202–6132.
accountability for results. The Secretary and representatives of educators and
Telephone: (202) 260–0826.
also is considering proposing education officials. The sessions were
If you use a telecommunications held on March 11–13 and 19–20, 2002,
device for the deaf (TDD), you may call regulations for other provisions in Title
I, Part A of the ESEA. Any additional near Washington, DC.
the Federal Information Relay Service
regulations will be part of a future Under the Committee’s protocols,
(FIRS) at 1–800–877–8339.
Federal Register document. The ‘‘consensus’’ meant the lack of active
Individuals with disabilities may
Secretary intends to regulate only if objection by any Committee member on
obtain this document in an alternative
absolutely necessary; for example, if the all issues within a regulatory section.
format (e.g., Braille, large print,
statute requires regulations or if The Committee reached consensus on
audiotape, or computer diskette) on
regulations are necessary to provide every issue in the draft regulations that
request to the contact person listed
flexibility or clarification for State and were the subject of its negotiations. The
under FOR FURTHER INFORMATION
local educational agencies. Secretary therefore proposes these
CONTACT.
Rather than regulating extensively, negotiated regulations without change,
SUPPLEMENTARY INFORMATION: the Secretary intends to issue other than those changes needed to

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Federal Register / Vol. 67, No. 87 / Monday, May 6, 2002 / Proposed Rules 30453

correct technical, punctuation, or standards that cover more than one assessments in, at a minimum,
grammatical errors. grade, the State must have content mathematics, reading/language arts,
expectations that indicate to teachers and, by school year 2007–08, science.
Significant Proposed Regulations
and others the portion of the standards The State must use these assessments as
We discuss substantive issues under to be taught at each grade level. the primary means of determining the
the sections of the proposed regulations Proposed § 200.1 would also clarify yearly progress of the State, each LEA,
to which they pertain. Generally, we do that high school standards must reflect and every public school toward
not address proposed regulatory what a State expects all high school enabling all children to meet the State’s
provisions that are technical or students to know by the time they student academic achievement
otherwise minor in effect. graduate, without regard to course titles standards. The State must use the same
Section 200.1 State Responsibilities for or years completed. In other words, the assessments to measure the achievement
Developing Challenging Academic focus of high school standards is at least of all children; align the assessments
Standards on the broad academic content in with the State’s academic content and
mathematics, reading/language arts, student achievement standards; and use
Statute: Under section 1111(b)(1) of and, beginning in 2005–2006 school the assessments for purposes for which
Title I, each State must adopt year, science that a State expects high they are valid and reliable.
challenging academic content standards school students to know, rather than Assessments must involve multiple
and student academic achievement content linked to specific courses, such up-to-date measures of academic
standards (formerly called ‘‘student as Algebra I, or the specific year in achievement, including measures that
performance standards’’). These will be which a high school assessment is assess higher-order thinking skills and
used by the State, its local educational taken. Proposed § 200.1 also understanding.
agencies (LEAs), and its schools to carry incorporates the Committee’s The State must disaggregate the
out Part A (Improving Basic Programs recommendations to clarify that these results of assessments within each State,
Operated by Local Educational standards are for all public schools and each LEA, and each school by gender,
Agencies) of Title I. The State must public school children. by each major racial and ethnic group,
apply these academic standards to all Proposed § 200.1(c)(1)(ii) would by English proficiency status, by
students and all schools in the State. specify (1) what academic achievement migrant status, by students with
States must have these standards in standards must include and (2) the disabilities compared to nondisabled
subjects determined by the State, but, at information that is necessary to students, and by economically
a minimum, in mathematics, reading/ demonstrate fulfillment of the statutory disadvantaged students compared to
language arts, and, beginning in the requirement to set three levels of students who are not economically
2005–2006 school year, science. The achievement based on State standards disadvantaged.
State’s content standards must specify and assessments. The State must produce interpretive,
what children are expected to know and Proposed § 200.1(c)(2) would specify descriptive, and diagnostic reports for
be able to do in academic subjects. They that, although academic content each student and itemized score
must contain coherent and rigorous standards may cover more than one analyses that allow parents, teachers,
content and encourage the teaching of grade, States must have academic and principals to understand and
advanced skills. achievement standards for each grade address the specific academic needs of
States also must have challenging and subject assessed. Proposed the student based on his or her
student academic achievement § 200.1(c)(3) would clarify that, with achievement against State standards.
standards that are aligned with the regard to student achievement standards Current Regulations: The current
State’s content standards and describe at in science, States must have regulations governing State
least three levels of achievement: achievement levels and descriptions of responsibilities for assessments (34 CFR
advanced, proficient, and basic. those levels in place by the 2005–2006 200.4) reflect provisions of section 1111
Advanced and proficient levels school year. The actual assessment of the ESEA that were superseded by the
determine how well children are scores (called ‘‘cut scores’’ by the NCLB Act.
mastering the State’s content standards. assessment community) for those Proposed Regulations: Proposed
The basic level provides complete achievement levels, however, would not § 200.2 incorporates the statutory
information about the progress of lower- have to be set until the assessments are requirements for a State to implement a
performing children toward achieving due in the 2007–08 school year. system of high-quality, yearly student
the proficient and advanced levels. Reasons: Proposed § 200.1 reflects the academic assessments. The Committee’s
Current Regulations: The current Secretary’s goals of providing flexibility discussions centered on three
regulations governing State while remaining true to statutory intent provisions, and the proposed
responsibilities for developing academic and providing clarity if the statute is regulations reflect the changes
standards (34 CFR 200.2) reflect ambiguous. Proposed § 200.1(c)(1)(ii) is recommended by the negotiators:
provisions of section 1111 of the ESEA designed to address past confusion on First, proposed § 200.2(b)(2) would
that were superseded by the NCLB Act. the meaning and components of include a requirement that a State’s
Proposed Regulations: Proposed ‘‘student academic achievement assessment system be designed to be
§ 200.1 would repeat the statutory standards.’’ Proposed § 200.1(c)(3) valid and accessible for use with the
requirements for States to develop would address the technical problem widest possible range of students,
academic content and student academic that it is not possible to set fully including students with disabilities and
achievement standards for all schools academic achievement standards before students with limited English
and all children. It also would clarify assessments are final. proficiency.
that States have the flexibility to Second, the Committee incorporated
develop academic content standards in Section 200.2 State Responsibilities for in proposed § 200.2(b)(5) statutory
reading/language arts and mathematics Assessment language requiring a State’s assessment
that may cover either each grade Statute: Under section 1111(b)(3) of system to be supported by evidence
specifically or more than one grade. If Title I, each State must implement a set provided by test publishers or other
a State develops academic content of high-quality, yearly student academic relevant sources. The additional

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30454 Federal Register / Vol. 67, No. 87 / Monday, May 6, 2002 / Proposed Rules

provisions would specify that the students meet challenging State inclusion of local assessments in an
Secretary would provide this evidence standards. Specifically, proposed overall State accountability framework.
to the public on request, consistent with § 200.3 would clarify that a State may Reasons: Proposed §§ 200.3 and 200.4
applicable Federal laws governing the use different types of assessments as would permit States considerable
disclosure of information. long as each test (for each grade and flexibility in designing State academic
Third, proposed § 200.2(b)(10)(v) subject) fully addresses the depth and assessment systems consistent with the
incorporates the Committee’s suggestion breadth of the State’s academic content statutory provisions.
to clarify that, for purposes of standards; is valid, reliable, and of high
disaggregating assessment data, students Section 200.5 Timeline for
technical quality; and expresses results
with disabilities are those defined under Assessments
in terms of the State’s academic
section 602(3) of the Individuals with achievement standards. Statute: Under section 1111(b)(3)(C)
Disabilities Education Act. If a State uses only assessments of the Act, a State must administer
Proposed § 200.2(b)(8) reflects referenced against national norms at a assessments consistent with a specified
legislative history from the conference particular grade, these assessments timeline. The statute establishes a three-
report accompanying the NCLB Act would have to be augmented with stage timeline for developing and
clarifying that the requirement to test additional items as necessary to (1) administering assessments:
only objective knowledge does not measure accurately the depth and • In stage one, through school year
prohibit essay responses and opinion breadth of the State’s academic content 2004–2005, the State must administer
questions. standards and (2) express results in the yearly assessments in mathematics
Reasons: Proposed § 200.2 reflects the terms of the State’s academic and reading/language arts at least once
Secretary’s goals of providing flexibility during each of three grade groupings: (1)
achievement levels.
while remaining true to statutory intent
If a State includes a combination of Grades 3 through 5, (2) grades 6 through
and providing clarity if the statute is
assessments (whether different State 9, and (3) grades 10 through 12.
ambiguous. The provision in proposed
assessments or State and local • In stage two, beginning no later
§ 200.2(b)(2) addresses the concern that,
assessments), the State must than school year 2005–2006, annually,
often, assessments are not designed to
demonstrate (1) that the design is the State must administer the yearly
be used for the broadest possible range
rational and coherent, (2) that the assessments in mathematics and
of students, including students with
assessments work together to assess reading/language arts, at a minimum, in
disabilities and students with limited
fully the State’s academic content each of grades 3 through 8 and once
English proficiency. For example, the
standards, and (3) that the assessments during grades 10 through 12.
design of assessments may not include
validation studies with sufficient
measure adequate yearly progress, as • In stage three, beginning no later
well as student progress towards than school year 2007–2008, in addition
samples of students with limited
meeting the State’s standards. to the assessments required in stage two,
English proficiency or students with
disabilities, and, thus, may yield invalid A State would be permitted to include the State must administer the yearly
results for those populations. locally designed assessments if the State assessments that measure proficiency in
The provisions in proposed assumed responsibility for: (1) Setting science at least once during each of
§ 200.2(b)(5) governing the public technical criteria; (2) ensuring that the three grade groupings: (1) Grades 3
availability of certain evidence that assessments are equivalent to one through 5, (2) grades 6 through 9, and
supports a State’s assessment system another and to State assessments, if any, (3) grades 10 through 12.
represent the Committee’s efforts to in content coverage, difficulty, and Proposed regulations: Proposed
ensure that the proposed regulations are quality; (3) reviewing and approving § 200.5 describes the statutory timelines
more clearly aligned with the statutory each assessment; and (4) ensuring that for administering assessments. In
requirements. The clarification in data from all assessments can be particular, it would clarify that,
proposed § 200.2(b)(10)(v) is designed to aggregated to make a fair, rational, and beginning no later than the 2005–06
clarify that under the statute, States, equitable determination of adequate school year, States must administer
LEAs, and schools would be required to yearly progress for school districts and yearly assessments in both reading/
disaggregate results only for children schools. When aggregating data from language arts and in mathematics in
with disabilities as defined under the different assessments, a State must be each of the required grades 3 through 8
Individuals with Disabilities Education able to demonstrate that results are and at least once in grades 10 through
Act. sufficiently comparable to be 12. It would include the statutory
aggregated. Such evidence might requirement that a State provide
Section 200.3 Designing State include data analysis and analyses by assessment results to school districts,
Academic Assessment Systems; and psychometricians with experience in schools, and teachers no later than the
§ 200.4 State Law Exception large-scale assessments. The Committee beginning of the next school year. It
Statute: As noted in the discussion spent a substantial amount of time on would clarify that this requirement
under ‘‘Section § 200.2 State these provisions trying to make them as starts beginning with the 2002–2003
responsibilities for assessment,’’ section clear as possible. school year.
1111(b)(3) of the ESEA requires each Proposed § 200.4(a) clarifies that if a Reasons: Proposed § 200.5 is designed
State to implement a set of high-quality, State is prohibited by State law from to clarify that the assessments in
yearly student academic assessments establishing a statewide assessment reading/language arts and mathematics
that meet certain requirements. system, the State would be excepted are both to be administered each year as
Proposed regulations: Proposed from the requirement for a single opposed to administering the reading/
§§ 200.3 and 200.4 would clarify that a statewide system. Instead, that State language arts assessment one year and
State has flexibility in how it sets up its could establish a statewide system the mathematics assessment in alternate
statewide assessment system, but also composed of only local standards and years. It also clarifies the starting date
would establish qualitative criteria that assessments. The State would have to for the requirement to provide
the system must meet to fulfill statutory meet the same qualitative criteria that assessment results no later than the
requirements and ensure that all other States must meet with regard to beginning of the next school year.

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Federal Register / Vol. 67, No. 87 / Monday, May 6, 2002 / Proposed Rules 30455

Section 200.6 Inclusion of All Students Disabilities Education Act), who, in the Act, yet they may need accommodations
Statute: A State’s assessment system determination of the student’s IEP team, to ensure that they can participate in a
must provide for the inclusion of all cannot participate in all or part of the State’s assessment system. Proposed
students and provide appropriate State assessments, even with § 200.6(a)(1)(i) and (a)(1)(ii) require that
accommodations for students with appropriate accommodations. accommodations permit measurement
This section would clarify that of a student’s academic achievement
disabilities, as defined under section
alternate assessments must yield results relative to grade-level academic content
602(3) of the Individuals with
in at least reading/language arts, and achievement standards. These
Disabilities Education Act, and students
mathematics, and, beginning in the provisions reflect the Committee’s
with limited English proficiency.
2007–2008 school year, science. The concerns that the statute’s requirements
Moreover, to the extent practicable, a
Committee recommended that this for rigorous accountability for all
State must assess students with limited
provision be further clarified in future students not be diluted by permitting
English proficiency in the language and
guidance to indicate that a State may accommodations that would evaluate
form most likely to yield accurate data
use the same alternate assessment for against lower standards students taking
on what those students know and can
reading and mathematics and, beginning assessments with accommodations.
do in academic content areas until they
in the 2007–2008 school year, science. The Committee’s recommendation for
have achieved English proficiency. With Proposed § 200.6(b) would also clarify future guidance to clarify that a State
respect to reading/language arts, a State the statutory provisions regarding the may use the same alternate assessment
must assess students with limited assessment of children with limited for reading/language arts and
English proficiency who have attended English proficiency. The proposed mathematics recognizes a practice
schools in the United States (excluding regulations would make clear that this already in place in some States. The
Puerto Rico) for three or more requirement does not exempt a State clarification on including students with
consecutive school years in English. If from assessing limited English limited English proficiency in State
an LEA determines, on a case-by-case proficient students before those students assessment systems was designed to
basis, however, that academic are required to be assessed in English in eliminate the potential
assessments in another language would reading/language arts. The proposed misunderstanding that these students
likely yield more accurate and reliable regulations would require a State to might be exempt from all assessments
information, the LEA may use those assess limited English proficient until they are required to be tested in
assessments for up to an additional two students in a valid and reliable manner English in reading/language arts.
years. that includes reasonable
Proposed Regulations: Proposed accommodations and, to the extent Section 200.7 Disaggregation of Data
§ 200.6 incorporates and clarifies the practicable, assessments in native Statute: The statute requires, for
requirement that State assessment language, if they would yield better purposes of determining adequate
systems include all students and information on what those students yearly progress, measurement of the
provide appropriate accommodations know. The proposed regulations would achievement of all public elementary
for students with disabilities. Proposed also require the State to assess limited and secondary school students,
§ 200.6(a) was the subject of substantial English proficient students’ economically disadvantaged students,
discussion by the Committee. At the achievement in English in reading/ students from major racial and ethnic
Committee’s suggestion, the proposed language arts if those students have groups, students with disabilities, and
regulations would specify that the been in schools in the United States students with limited English
accommodations for students with (except Puerto Rico) for three or more proficiency. The statute also requires
disabilities be those that each student’s consecutive years. disaggregation and reporting of
IEP team determines are necessary to Proposed § 200.6(c) would clarify that assessment results by gender, by each
measure the student’s academic migrant and other mobile students must major racial and ethnic group, by
achievement relative to the State’s be assessed even if they are not English proficiency status, by migrant
academic content and achievement included for accountability purposes. status, by students with disabilities as
standards for the grade in which the The Committee agreed to expand this compared to nondisabled students, and
student is enrolled. section to clarify that a State must by economically disadvantaged students
The proposed regulations also would include homeless children (as defined as compared to students who are not
clarify that a State’s assessment system in section 725(2) of Title VII, Subtitle B economically disadvantaged. For all of
is to provide appropriate of the McKinney-Vento Homeless these purposes, disaggregation by these
accommodations for students covered Assistance Act) in its State assessment, groups would not be required if the
under section 504 of the Rehabilitation reporting, and accountability systems, numbers are too small to yield reliable
Act of 1973. The proposed regulations consistent with the requirements of the information or if the results would
would specify that each student’s statute addressing mobile students. In reveal personally identifiable
placement team determines which other words, homeless students who are information about an individual
accommodations are necessary to mobile must be tested, but their results student.
measure the student’s academic do not need to be included in Proposed Regulations: Proposed
achievement relative to the State’s determining adequate yearly progress. § 200.7 would clarify that, in
academic content and achievement Non-mobile homeless students must be disaggregating data, a State is
standards for the grade in which the tested and their results included in responsible for determining how many
student is enrolled. accountability. students constitute a sufficient number
Proposed § 200.6(a)(2) reflects the Reasons: The proposed clarifications to make the results reliable for
Committee’s consensus that a State’s in § 200.6(a)(1) reflect the Committee’s accountability and reporting purposes.
academic assessment system must concern that students covered by It also would clarify that a State must
provide one or more alternate section 504 of the Rehabilitation Act of apply section 444(b) of the General
assessments for those students with 1973 are not necessarily students with Education Provisions Act (the Family
disabilities (as defined under section disabilities under section 602(3) of the Educational Rights and Privacy Act) in
602(3) of the Individuals with Individuals with Disabilities Education determining whether disaggregated data

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30456 Federal Register / Vol. 67, No. 87 / Monday, May 6, 2002 / Proposed Rules

would reveal personally identifiable Proposed Regulations: Proposed the use of Federal education funds.
information. The proposed regulations § 200.10 is designed to clarify that These provisions will not only allow
would require a State to make every nothing in proposed § 200.2 would States and school districts to use
effort to maximize disaggregation of require a private school to participate in Federal funds in a manner more
data, while meeting the requirements for a State’s assessment system. However, consistent with their own reform
privacy and statistical reliability. through timely consultation with strategies and priorities, they will save
Reasons: By allowing a State to private school officials, an LEA must money normally spent in complying
establish the minimum numbers for determine how it will assess academic with multiple Federal requirements.
determining reliable disaggregated data, services to participating private school While most of the benefits of the new
the proposed provisions offer flexibility students and how it will use the law are conveyed by the statute, the
and acknowledge that these minimums assessment results to improve services regulations proposed through this notice
may vary according to circumstance or to these children. The assessments used would also result in cost savings, by
location. could be the State’s academic allowing States considerable flexibility
Section 200.8 Assessment Reports assessments under proposed § 200.2 or in adopting assessment systems
other appropriate academic composed entirely of State-developed
Statute: A State assessment system assessments. and administered tests, or systems
must be able to produce student reports Reasons: The proposed regulations composed of both State and local tests,
and itemized score analyses. would clarify the flexibility given to an and by allowing a combination of
Proposed Regulations: Proposed LEA in determining how services to criterion- and norm-referenced tests, so
§ 200.8 addresses the types of reports participating private school students long as mixed systems meet certain
that a State’s assessment system must will be assessed. basic requirements.
produce. The proposed regulations For these reasons, the Secretary has
would clarify that individual student Executive Order 12866
concluded that these regulations are
reports must describe achievement 1. Potential Costs and Benefits justified in terms of the costs and
measured against the State’s academic benefits.
achievement standards. The proposed The proposed costs have been
regulations also would clarify that the reviewed in accordance with Executive Summary of Potential Costs and
requirement for producing and reporting Order 12866. Under the terms of the Benefits
analyses of student scores does not Order, the Secretary has assessed the
Because the Secretary has chosen to
require the State to release individual costs and benefits of this regulatory
regulate on very few statutory
test items. action.
provisions, States and LEAs have
Reasons: Proposed § 200.8 is intended The standards and assessments
considerable flexibility in implementing
to provide greater clarity regarding the requirements of the new legislation
the provisions of Title I to meet their
statutory requirements pertaining to require States to develop additional
particular needs and circumstances.
student reports and itemized score standards in the area of science, and
Moreover, the potential costs associated
analyses. many States will also need to develop
with the proposed regulations are
and implement new assessments in
Section 200.9 Deferral of Assessments minimal.
order to meet the statutory requirement
Statute: Under section 1111(b)(3)(D) that they put in place assessments, at 2. Clarity of the Regulations
of the ESEA, a State may defer the least in reading/language and Executive Order 12866 and the
commencement, or suspend the mathematics, in grades 3 through 8. Presidential Memorandum on ‘‘Plain
administration, of certain assessments These new requirements will impose Language in Government Writing’’
for each year that the amount costs on States, with the precise amount require each agency to write regulations
appropriated at the Federal level for of these costs dependent on State that are easy to understand.
assessment development falls below a decisions about the types of assessments The Secretary invites comments on
specified minimum. The State may not, they will adopt, whether they will how to make these proposed regulations
however, cease the development of its develop these assessments on their own easier to understand, including answers
assessments even if sufficient funds are or in partnership with other States, and to questions such as the following:
not appropriated. other factors. The Federal Government • Are the requirements in the
Proposed regulations: Proposed is financing the development and proposed regulations clearly stated?
§ 200.9(b) would clarify that the statute implementation of the additional • Do the proposed regulations contain
requires a State to continue to develop standards and assessments through technical terms or other wording that
assessments if amounts appropriated at appropriations for Elementary and interferes with their clarity?
the Federal level for assessments are Secondary Education programs. The • Does the format of the proposed
below a certain minimum. Secretary believes that the costs not met regulations (grouping and order of
Reasons: Proposed § 200.9 is intended through Federal funding are likely to be sections, use of headings, paragraphing,
to make the intent of this provision minimal, depending on the level of etc.) aid or reduce their clarity?
more clear and avoid confusion. Federal funding Congress provides • Would the proposed regulations be
through appropriations. easier to understand if we divided them
Section 200.10 Applicability of a The new legislation, and the into more (but shorter) sections? (A
State’s Academic Assessments to regulations, also convey major benefits ‘‘section’’ is preceded by the symbol
Private Schools and Private School on States. The Department is providing ‘‘§ ’’ and a numbered heading; for
Students increased support for State and local example, § 200.1 State responsibilities
Statute: Under section 9506 of the efforts to raise educational achievement for developing challenging academic
ESEA, a student who attends a private for all students. The standards and standards.)
school that does not receive funds or assessment requirements of Title I are • Could the description of the
services under the ESEA is not required also part of a package of reforms that proposed regulations in the
to participate in any assessment referred includes major new provisions allowing ‘‘Supplementary Information’’ section of
to in the ESEA. increased State and local flexibility in this preamble be more helpful in

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Federal Register / Vol. 67, No. 87 / Monday, May 6, 2002 / Proposed Rules 30457

making the proposed regulations easier Electronic Access to This Document Standards and Assessments
to understand? If so, how? 3. Revise §§ 200.1 through 200.6, to
• What else could we do to make the You may view this document, as well
as all other Department of Education read as follows:
proposed regulations easier to
understand? documents published in the Federal § 200.1 State responsibilities for
Send any comments that concern how Register, in text or Adobe Portable developing challenging academic
the Department could make these Document Format (PDF) on the Internet standards.
proposed regulations easier to at the following site: www.ed.gov/ (a) Academic standards in general. A
understand to the person listed in the legislation/FedRegister State must develop challenging
ADDRESSES section of the preamble. To use PDF you must have Adobe academic content and student academic
Acrobat Reader, which is available free achievement standards that will be used
Regulatory Flexibility Act Certification at this site. If you have questions about by the State, its local educational
The Secretary certifies that these using PDF, call the U.S. Government agencies (LEAs), and its schools to carry
proposed regulations would not have a Printing Office (GPO), toll free, at 1– out subpart A of this part. These
significant economic impact on a 888–293–6498; or in the Washington, academic standards must—
substantial number of small entities. DC, area at (202) 512–1530. (1) Be the same academic standards
The small entities that would be You may also view this document in that the State applies to all public
affected by these proposed regulations text or PDF at the following schools and public school children in
are small LEAs receiving Federal funds site:www.ed.gov the State, including the public schools
under this program. However, the Note: The official version of this document and public school children served under
regulations would not have a significant is the document published in the Federal subpart A of this part;
economic impact on the small LEAs Register. Free Internet access to the official (2) Include the same knowledge,
affected because the regulations would edition of the Federal Register and the Code skills, and levels of achievement
not impose excessive regulatory burdens of Federal Regulations is available on GPO expected of all children; and
or require unnecessary Federal Access at: http://www.access.gpo.gov/nara/ (3) Include at least mathematics,
supervision. The regulations would index.html reading/language arts, and, beginning in
impose minimal requirements to ensure (Catalog of Federal Domestic Assistance the 2005–2006 school year, science, and
the proper expenditure of program Numbers: 84.010 Improving Programs may include other subjects determined
funds. Operated by Local Educational Agencies) by the State.
List of Subjects in 34 CFR Part 200 (b) Academic content standards. (1)
Paperwork Reduction Act of 1995 The challenging academic content
The proposed regulations contain two Administrative practice and standards required under paragraph (a)
information collection requirements. procedure, Adult education, Children, of this section must—
Under proposed §§ 200.6(b)(1)(ii) and Coordination, Education, Education of (i) Specify what all children are
200.7(a)(2), a State must include several disadvantaged children, Education of expected to know and be able to do;
items in its Title I State plan. First, a children with disabilities, Elementary (ii) Contain coherent and rigorous
State must identify languages other than and secondary education, Eligibility, content; and
English that are present in the student Family, Family-centered education, (iii) Encourage the teaching of
population served by the State Grant programs-education, Indians- advanced skills.
educational agency and indicate the education, Institutions of higher (2) A State’s academic content
languages for which student academic education, Interstate coordination, standards may be grade specific or, if
assessments are not available and are Intrastate coordination, Juvenile grade-level content expectations are
needed. Second, a State must determine delinquency, Local educational provided for each of grades 3 through 8,
and justify in its State plan the agencies, Migratory children, Migratory may cover more than one grade.
workers, Neglected, Nonprofit private (3) At the high school level, the
minimum number of students sufficient
agencies, Private schools, Public academic content standards must define
to yield statistically reliable information
the knowledge and skills that all high
for each purpose under the statute agencies, Reporting and recordkeeping
school students are expected to know
where disaggregated data are used. requirements, State-administered
Title IX, Part C of the ESEA, as and be able to do in at least reading/
programs, State educational agencies,
language arts, mathematics, and,
amended by the NCLB Act, authorizes Subgrants.
beginning in the 2005–06 school year,
the Secretary to provide States with the Dated: May 1, 2002. science, irrespective of course titles or
option of submitting a consolidated Rod Paige, years completed.
application to obtain certain ESEA (c) Academic achievement standards.
Secretary of Education.
funds, including Title I funds. The (1) The challenging student academic
Department is in the process of The Secretary proposes to amend part
200 of title 34 of the Code of Federal achievement standards required under
obtaining Office of Management and paragraph (a) of this section must—
Budget (OMB) approval for the Regulations as follows:
(i) Be aligned with the State’s
clearance package addressing the academic content standards; and
paperwork requirements for a PART 200—TITLE I—IMPROVING THE
ACADEMIC ACHIEVEMENT OF THE (ii) Include the following components
consolidated application on an for each content area:
emergency basis. That package DISADVANTAGED
(A) Achievement levels that describe
incorporates the Title I State plan 1. The authority citation for part 200 at least—
requirements proposed in this is revised to read as follows: (1) Two levels of high achievement—
regulation. We invite comments on the proficient and advanced—that
Authority: 20 U.S.C. 6301 through 6578,
paperwork requirements of this determine how well children are
unless otherwise noted.
proposed regulation. These written mastering the material in the State’s
comments should be addressed to 2. Revise the first undesignated center academic content standards; and
Joseph F. Johnson, Jr. at the address heading in subpart A of this part to read (2) A third level of achievement—
listed under ADDRESSES. as follows: basic—to provide complete information

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30458 Federal Register / Vol. 67, No. 87 / Monday, May 6, 2002 / Proposed Rules

about the progress of lower-achieving student academic achievement additional measures. Those additional
children toward mastering the proficient standards; and assessments—
and advanced levels of achievement. (ii) Provide coherent information (1) May not reduce the number, or
(B) Descriptions of the competencies about student attainment of those change the identity, of schools that
associated with each achievement level. standards. would otherwise be subject to school
(C) Assessment scores (‘‘cut scores’’) (4)(i) Be used for purposes for which improvement, corrective action, or
that differentiate among the the assessment system is valid and restructuring under section 1116 of Title
achievement levels as specified in reliable; and I of the Elementary and Secondary
paragraph (c)(1)(ii)(A) of this section, (ii) Be consistent with relevant, Education Act, as amended by the NCLB
and a description of the rationale and nationally recognized professional and Act (hereinafter ‘‘the Act’’), if those
procedures used to determine each technical standards. assessments were not used; but
achievement level. (5) Be supported by evidence (which (2) May identify additional schools for
(2) A State must develop academic the Secretary will provide upon request, school improvement, corrective action,
achievement standards for every grade consistent with applicable federal laws or restructuring.
and subject assessed, even if the State’s governing the disclosure of information) (Authority: 20 U.S.C. 6311(b)(3))
academic content standards cover more from test publishers or other relevant
than one grade. sources that the assessment system is— § 200.3 Designing State Academic
(3) With respect to academic (i) Of adequate technical quality for Assessment Systems.
achievement standards in science, a each purpose required under the Act; (a)(1) For each grade and subject
State must develop— and assessed, a State’s assessments must—
(i) Achievement levels and (ii) Consistent with the requirements (i) Address the depth and breadth of
descriptions no later than the 2005–06 of this section. the State’s academic content standards
school year; and (6) Be administered in accordance under § 200.1(b);
(ii) Assessment scores (‘‘cut scores’’) with the timeline in § 200.5. (ii) Be valid, reliable, and of high
after the State has developed its science (7) Involve multiple up-to-date technical quality;
assessments but no later than the 2007– measures of student academic (iii) Express student results in terms
08 school year. achievement, including measures that of the State’s student academic
(d) Subjects without standards. If an assess higher-order thinking skills and achievement standards; and
LEA serves students under subpart A of (iv) Be designed to provide a coherent
understanding of challenging content.
this part in subjects for which a State (8) Objectively measure academic system across grades and subjects.
has not developed academic standards, (2) A State may include in its
achievement, knowledge, and skills
the State must describe in its State plan academic assessment system under
without evaluating or assessing personal
a strategy for ensuring that those § 200.2 either or both—
or family beliefs and attitudes, except (i) Criterion-referenced assessments;
students are taught the same knowledge that this provision does not preclude the and
and skills and held to the same use of items— (ii) Assessments that yield national
expectations in those subjects as are all (i) Such as constructed-response, norms, provided that, if the State uses
other students. short answer, or essay; or only assessments referenced against
(Authority: 20 U.S.C. 6311(b)(1)) (ii) That require a student to analyze national norms at a particular grade,
a passage of text or to express opinions. those assessments—
§ 200.2 State responsibilities for (9) Provide for participation in the (A) Are augmented with additional
assessment. assessment system of all students in the items as necessary to measure
(a)(1) Each State, in consultation with grades being assessed consistent with accurately the depth and breadth of the
its LEAs, must implement a system of § 200.6. State’s academic content standards; and
high-quality yearly student academic (10) Except as provided in § 200.7, (B) Express student results in terms of
assessments that includes, at a enable results to be disaggregated within the State’s academic achievement
minimum, academic assessments in each State, LEA, and school by— standards.
mathematics, reading/language arts and, (i) Gender; (b) A State that includes a
beginning in the 2007–08 school year, (ii) Each major racial and ethnic combination of assessments, as
science. group; described in paragraph (a)(2) of this
(2) The State may also measure the (iii) English proficiency status; section, or a combination of State and
achievement of students in other (iv) Migrant status as defined in Title local assessments in its State assessment
academic subjects in which the State I, Part C of the Act; system must demonstrate that the
has adopted challenging academic (v) Students with disabilities as system has a rational and coherent
content and student academic defined under section 602(3) of the design that—
achievement standards. Individuals with Disabilities Education (1) Identifies the assessments to be
(b) The assessment system required Act as compared to all other students; used;
under this section must meet the and (2) Indicates the relative contribution
following requirements: (vi) Economically disadvantaged of each assessment towards—
(1) Be the same assessment system students as compared to students who (i) Ensuring alignment with the State’s
used to measure the achievement of all are not economically disadvantaged. academic content standards; and
students in accordance with § 200.3 or (11) Produce individual student (ii) Determining the adequate yearly
§ 200.4. reports consistent with § 200.8(a). progress of each school and LEA; and
(2) Be designed to be valid and (12) Enable itemized score analyses to (3) Is able to provide information
accessible for use by the widest possible be produced and reported to LEAs and regarding the progress of students
range of students, including students schools consistent with § 200.8(b). relative to the State’s academic
with disabilities and students with (c) The State may include academic standards in order to inform instruction.
limited English proficiency. assessments that do not meet the (c) A State that includes local
(3)(i) Be aligned with the State’s requirements in paragraph (b) of this assessments in the assessment of its
challenging academic content and section in the assessment system as content standards must—

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(1) Establish technical criteria to (i) Academic content and student must be administered not less than one
ensure that each local assessment meets academic achievement standards meet time during—
the requirements of paragraph (a)(2) of the requirements in § 200.1; and (1) Grades 3 through 5;
this section; (ii) Academic assessments meet the (2) Grades 6 through 9; and
(2) Demonstrate that all local requirements in § 200.2, particularly (3) Grades 10 through 12.
assessments in use for this purpose— regarding validity and reliability, (c) Timing of results. Beginning with
(i) Are equivalent to one another and technical quality, alignment with the the 2002–2003 school year, a State must
to State assessments, where they exist, LEA’s academic standards, and promptly provide the results of its
in their content coverage, difficulty, and inclusion of all students in the grades assessments no later than before the
quality; assessed; beginning of the next school year to
(2) Review and approve each LEA’s LEAs, schools, and teachers in a manner
(ii) Have comparable validity and
academic standards and academic that is clear and easy to understand.
reliability with respect to groups of
students described in section assessments to ensure that they— (Authority: 20 U.S.C. 6311(b)(3))
1111(b)(2)(C)(v) of the Act; and (i) Meet or exceed the State’s
technical criteria; and § 200.6 Inclusion of all students.
(iii) Provide unbiased, rational, and A State’s academic assessment system
(ii) For purposes of this section—
consistent determinations of the annual (A) Are equivalent to one another in required under § 200.2 must provide for
progress of schools and LEAs within the their content coverage, difficulty, and the participation of all students in the
State; quality; grades assessed.
(3) Review and approve each local (B) Have comparable validity and (a) Students eligible under IDEA and
assessment to ensure that it meets or reliability with respect to groups of Section 504. (1) Appropriate
exceeds the State’s technical criteria in students described in section accommodations. A State’s academic
paragraph (c)(1) of this section and the 1111(b)(2)(C)(v) of the Act; and assessment system must provide—
requirements in paragraph (c)(2) of this (C) Provide unbiased, rational, and (i) For each student with disabilities,
section; and consistent determinations of the annual as defined under section 602(3) of the
(4) Be able to aggregate, with progress of LEAs and schools within the Individuals with Disabilities Education
confidence, data from local assessments State; and Act, appropriate accommodations that
to determine whether the State has (3) Be able to aggregate, with each student’s IEP team determines are
made adequate yearly progress. confidence, data from local assessments necessary to measure the academic
(d) A State’s academic assessment to determine whether the State has achievement of the student relative to
system may rely exclusively on local made adequate yearly progress. the State’s academic content and
assessments only if it meets the (Authority: 20 U.S.C. 6311(b)(5)) achievement standards for the grade in
requirements of § 200.4. which the student is enrolled,
(Authority: 20 U.S.C. 6311(b)(3)) § 200.5 Timeline for assessments. consistent with § 200.1(b)(2), (b)(3), and
(a) Reading/language arts and (c); and
§ 200.4 State law exception. mathematics. (1) Through no later than (ii) For each student covered under
(a) If a State provides satisfactory the 2004–2005 school year, a State must section 504 of the Rehabilitation Act of
evidence to the Secretary that neither administer the assessments required 1973, appropriate accommodations that
the SEA nor any other State government under § 200.2 not less than one time each student’s placement team
official, agency, or entity has sufficient during— determines are necessary to measure the
authority under State law to adopt (i) Grades 3 through 5; academic achievement of the student
academic content standards, student (ii) Grades 6 through 9; and relative to the State’s academic content
academic achievement standards, and (iii) Grades 10 through 12. and achievement standards for the
academic assessments applicable to all (2) Except as provided in paragraph grades in which the student is enrolled,
students enrolled in the State’s public (a)(3) of this section, beginning no later consistent with § 200.1(b)(2), (b)(3), and
schools, the State may meet the than the 2005–2006 school year, a State (c).
requirements under §§ 200.1 and 200.2 must administer both the reading/ (2) Alternate assessment.
by— language arts and mathematics (i) The State’s academic assessment
(1) Adopting academic standards and assessments required under § 200.2— system must provide for one or more
academic assessments that meet the (i) In each of grades 3 through 8; and alternate assessments for each student
requirements of §§ 200.1 and 200.2 on a (ii) At least once in grades 10 through with disabilities as defined under
Statewide basis and limiting their 12. section 602(3) of the Individuals with
applicability to students served under (3) The Secretary may extend, for one Disabilities Education Act who the
subpart A of this part; or additional year, the timeline in student’s IEP team determines cannot
paragraph (a)(2) of this section if a State participate in all or part of the State
(2) Adopting and implementing
demonstrates that— assessments under paragraph (a)(1) of
policies that ensure that each LEA in the
(i) Full implementation is not possible this section, even with appropriate
State that receives funds under subpart
due to exceptional or uncontrollable accommodations.
A of this part will adopt academic (ii) Alternate assessments must yield
circumstances such as—
standards and academic assessments (A) A natural disaster; or results in at least reading/language arts,
aligned with those standards that— (B) A precipitous and unforeseen mathematics, and, beginning in the
(i) Meet the requirements in §§ 200.1 decline in the financial resources of the 2007–2008 school year, science.
and 200.2; and State; and (b) Limited English proficient
(ii) Are applicable to all students (ii) The State can complete students. A State must include limited
served by the LEA. implementation within the additional English proficient students in its
(b) A State that qualifies under one-year period. academic assessment system as follows:
paragraph (a) of this section must— (b) Science. Beginning no later than (1) In general. (i) Consistent with
(1) Establish technical criteria for the 2007–2008 school year, the paragraph (b)(2) of this section, the State
evaluating whether each LEA’s— assessments required under § 200.2 must assess limited English proficient

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30460 Federal Register / Vol. 67, No. 87 / Monday, May 6, 2002 / Proposed Rules

students in a valid and reliable manner (A) Full implementation is not must apply the requirements under
that includes— possible due to exceptional or section 444(b) of the General Education
(A) Reasonable accommodations; and uncontrollable circumstances such as— Provisions Act (the Family Educational
(B) To the extent practicable, ( 1) A natural disaster; or Rights and Privacy Act of 1974).
assessments in the language and form (2) A precipitous and unforeseen (3) Nothing in paragraph (b)(1) or
most likely to yield accurate and decline in the financial resources of the (b)(2) of this section shall be construed
reliable information on what those State; and to abrogate the responsibility of States to
students know and can do to determine (B) The State can complete implement the requirements of section
the students’ mastery of skills in implementation within the additional 1116(a) of the Act for determining
subjects other than English until the one-year period. whether States, LEAs, and schools are
students have achieved English (c) Migrant and other mobile children. making adequate yearly progress on the
language proficiency. A State must include migrant children, basis of the performance of each group
(ii) In its State plan, the State must— as defined in Title I, Part C, of the Act, listed in section 1111(b)(2)(C)(v)(II) of
(A) Identify the languages other than and other mobile children in its the Act.
English that are present in the student academic assessment system, even if (4) Each State shall include in its
population served by the SEA; and those students are not included for State plan, and each State and LEA shall
(B) Indicate the languages for which accountability purposes under section implement, appropriate strategies to
yearly student academic assessments are 1111(b)(3)(C)(xi) of the Act. protect the privacy of individual
not available and are needed. (d) Children experiencing students in reporting achievement data
(iii) The State— homelessness. under section 1111(h) of the Act and in
(A) Must make every effort to develop (1) A State must include homeless determining whether schools and LEAs
such assessments; and children, as defined in section 725(2) of
(B) May request assistance from the are making adequate yearly progress on
Title VII, Subtitle B of the McKinney- the basis of disaggregated groups under
Secretary if linguistically accessible Vento Act, in its academic assessment,
academic assessment measures are section 1111(b)(2)(C)(v)(II) of the Act.
reporting, and accountability systems,
needed. (Authority: 20 U.S.C. 6311(b)(3); 1232g)
consistent with section 1111(b)(3)(C)(xi)
(2) Assessing reading/language arts in of the Act. 5. Revise § 200.8 and place it under
English. (i) Unless an extension of time (2) The State is not required to report the undesignated center heading
is warranted under paragraph (b)(2)(ii) as a separate disaggregated category as ‘‘Standards and Assessments’’ to read as
of this section, a State must assess, defined in paragraph (b)(10) of this follows:
using assessments written in English, section the assessment results of the
the achievement of any limited English children referred to in paragraph (d)(1) § 200.8 Assessment reports.
proficient student in meeting the State’s of this section. (a) Student reports. A State’s
reading/language arts academic academic assessment system must
standards if the student has attended (Authority: 20 U.S.C. 6311(b)(3))
produce individual student interpretive,
schools in the United States, excluding 4. Add § 200.7 to read as follows: descriptive, and diagnostic reports
Puerto Rico, for three or more that—
consecutive years. § 200.7 Disaggregation of data.
(1)(i) Include information regarding
(ii) An LEA may continue, for no (a) Statistically reliable information. achievement on the academic
more than two additional consecutive (1) A State may not use disaggregated assessments under § 200.2 measured
years, to assess a limited English data for one or more subgroups under against the State’s student academic
proficient student under paragraph § 200.2(b)(10) to report achievement achievement standards; and
(b)(1) of this section if the LEA results under section 1111(h) of the Act
(ii) Help parents, teachers, and
determines, on a case-by-case individual (report cards) or to identify schools in
principals to understand and address
basis, that the student has not reached need of improvement, corrective action,
the specific academic needs of students;
a level of English language proficiency or restructuring under section 1116 of
and
sufficient to yield valid and reliable the Act if the number of students in
(2) Are provided to parents, teachers,
information on what the student knows those subgroups is insufficient to yield
and principals—
and can do on reading/language arts statistically reliable information.
(i) As soon as is practicable after the
assessments written in English. (2) Based on sound statistical
assessment is given;
(iii) The requirements in paragraph methodology, a State must determine
and justify in its State plan the (ii) In an understandable and uniform
(b)(2)(i) and (ii) of this section do not
minimum number of students sufficient format; and
permit an exemption from participating
to yield statistically reliable information (iii) To the extent practicable, in a
in the State assessment system for
for each purpose for which language that parents can understand.
limited English proficient students.
(3) Assessing English proficiency. (i) disaggregated data are used. (b) Itemized score analyses for LEAs
Unless a State receives an extension (b) Personally identifiable and schools. (1) A State’s academic
under paragraph (b)(3)(ii) of this section information. (1) A State may not use assessment system must produce and
the State must require each LEA, disaggregated data for one or more report to LEAs and schools itemized
beginning no later than the 2002–2003 subgroups under § 200.2(b)(10) to report score analyses, consistent with
school year, to assess annually the achievement results under section § 200.2(b)(4), so that parents, teachers,
English proficiency, including reading, 1111(h) of the Act (report cards) if the principals, and administrators can
writing, speaking, and listening skills, of results would reveal personally interpret and address the specific
all students with limited English identifiable information about an academic needs of students.
proficiency in schools in the LEA. individual student. (2) The requirement to report itemized
(ii) The Secretary may extend, for one (2) To determine whether score analyses in paragraph (b) of this
additional year, the deadline in disaggregated results would reveal section does not require the release of
paragraph (b)(3)(i) of this section if the personally identifiable information test items.
State demonstrates that— about an individual student, a State (Authority: 20 U.S.C. 6311(b)(3))

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6. Add § 200.9 under the ACTION: Notice of meetings to solicit SUPPLEMENTARY INFORMATION:
undesignated center heading ‘‘Standards public comment on proposed
Schedule of Regional Meetings
and Assessments’’ to read as follows: regulations.
We will hold five regional meetings to
§ 200.9 Deferral of assessments. SUMMARY: The Assistant Secretary for solicit public comment on the NPRM on
(a) A State may defer the start or Elementary and Secondary Education the following dates at the following
suspend the administration of the (Assistant Secretary) of the Department locations:
assessments required under § 200.2 that of Education (Department) will convene 1. May 6, 2002, 9 a.m. to 5:15 p.m.,
were not required prior to the date of five regional meetings to solicit Holiday Inn Cincinnati Airport, 1717
enactment of the Act for one year for additional public comment on the Airport Exchange Boulevard, Erlanger,
each year for which the amount Department’s Notice of Proposed Kentucky.
appropriated for State assessment grants Rulemaking (NPRM) published 2. May 7, 2002, 9 a.m. to 5:15 p.m.,
under section 6113(a)(2) of the Act is elsewhere in this issue of the Federal Sheraton Atlanta, 165 Courtland Street,
less than the trigger amount in section Register. The NPRM would implement Atlanta, Georgia.
recent changes made by the No Child 3. May 13, 2002, 9 a.m. to 5:15 p.m.,
1111(b)(3)(D) of the Act.
Left Behind Act of 2001 (NCLB Act) to The Westgate Hotel, 1055 Second
(b) A State may not cease the the standards and assessment Avenue, San Diego, California.
development of the assessments referred requirements under Title I of the 4. May 16, 2002, 9 a.m. to 5:15 p.m.,
to in paragraph (a) of this section even Elementary and Secondary Education Doubletree Hotel Little Rock, 424 West
if sufficient funds are not appropriated Act of 1965, as amended (ESEA). The Markham, Little Rock, Arkansas.
under section 6113(a)(2) of the Act. proposed regulations were subjected to 5. May 30, 2002, 9 a.m. to 5:15 p.m.,
(Authority: 20 U.S.C. 6311(b)(3); 7301b(a)(2)) a negotiated rulemaking process, and we LaGuardia Marriott, 102–05 Ditmars
invited the public to submit comments Boulevard, East Elmhurst, New York.
7. Revise § 200.10 and place it under on them. The Assistant Secretary is
the undesignated center heading Background
convening these regional meetings to
‘‘Standards and Assessments’’ to read as provide the public additional On January 8, 2002, President George
follows: opportunities to comment on the W. Bush signed the NCLB Act,
proposed regulations. amending the ESEA. The NCLB Act
§ 200.10 Applicability of a State’s incorporated major education reforms
academic assessments to private schools DATES: We will hold five regional
proposed by the President in his No
and private school students. meetings as listed in the Schedule of
Child Left Behind initiative, particularly
Regional Meetings under
(a) Nothing in § 200.1 or § 200.2 in the areas of assessment,
SUPPLEMENTARY INFORMATION.
requires a private school, including a accountability, and school
private school whose students receive ADDRESSES: We will hold the five improvement. Among other things, the
services under this part, to participate in regional meetings at the locations listed NCLB Act reauthorizes—for a six-year
a State’s academic assessment system. in the Schedule of Regional Meetings period—the programs under Title I of
under SUPPLEMENTARY INFORMATION. the ESEA (Title I programs), which are
(b)(1) If an LEA provides services to
FOR FURTHER INFORMATION CONTACT: designed to help disadvantaged children
eligible private school students under
Susan Wilhelm, Compensatory reach high academic standards.
subpart A of this part, the LEA must,
Education Programs, Office of Section 1901 of Title I of the ESEA
through timely consultation with
Elementary and Secondary Education, contains procedures that the
appropriate private school officials,
U.S. Department of Education, 400 Department must follow in developing
determine how services to eligible
Maryland Avenue, SW., room 3W202, and issuing regulations to govern the
private school students will be
Washington, DC 20202–6132. Title I programs. Consistent with those
academically assessed and how the
Telephone (202) 260–0826. requirements, the Secretary obtained the
results of that assessment will be used
If you use a telecommunications advice and recommendations of
to improve those services.
device for the deaf (TDD), you may call representatives of Federal, State, and
(2) The assessments referred to the Federal Information Relay Service local administrators; parents; teachers;
paragraph (b)(1) of this section may be (FIRS) at 1–800–877–8339. paraprofessionals; members of local
the State’s academic assessments under Individuals with disabilities may boards of education; and other
§ 200.2 or other appropriate academic obtain this document in an alternative organizations involved with the
assessments. format (e.g., Braille, large print, implementation and operation of the
(Authority: 20 U.S.C. 7886(a)) audiotape, or computer diskette) on Title I programs. After obtaining this
request to the contact person listed advice, the Secretary conducted a
[FR Doc. 02–11128 Filed 5–1–02; 2:00 pm]
under FOR FURTHER INFORMATION negotiated rulemaking process on issues
BILLING CODE 4000–01–U
CONTACT. relating to Title I standards and
The meeting sites are accessible to assessment requirements. The
individuals with disabilities. If you negotiated rulemaking process produced
DEPARTMENT OF EDUCATION
need an auxiliary aid or service to proposed regulations on these issues
34 CFR Part 200 participate in the meetings (e.g., that the Secretary is publishing without
interpreting service, assistive listening change in the NPRM. The preamble to
Office of Elementary and Secondary device, or materials in alternative the NPRM describes in more thorough
Education; Title I of the Elementary format), notify the contact person listed detail this regulatory process.
and Secondary Education Act of 1965, in this notice in advance of the
as Amended (ESEA); Improving the scheduled meeting date. We will make Regional Meetings
Academic Achievement of the every effort to meet any request we In addition to the invitation to
Disadvantaged receive. comment contained in the NPRM, the
The regional meetings are open to the Assistant Secretary is offering an
AGENCY: Department of Education. public. opportunity for the public to provide

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