Federal Register: January 8, 2003 (Volume 68, Number 5)
DOCID: FR Doc 03-351
DEPARTMENT OF EDUCATION
Education Department
CFR Citation: 34 CFR Part 200
RIN ID: RIN 1810-AA91
NOTICE: RULES
ACTION: Elementary and secondary education:
DOCUMENT ACTION: Final regulations; correction.
SUBJECT CATEGORY:
Title I--Improving the Academic Achievement of the Disadvantaged; Correction
DATES: These regulations are effective January 2, 2003.
DOCUMENT SUMMARY:
The Department of Education published in the Federal Register of December 2, 2002, regulations governing the programs administered under Title I, parts A, C, and D of the Elementary and Secondary Education Act of 1965 (ESEA), as amended (hereinafter referred to as the Title I programs). The December 2, 2002, document contained minor errors. Additionally, some material was inadvertently left out of the Analysis of Comments and Changes appendix to the document. This document corrects the errors and adds the omitted material to the appendix.
SUMMARY:
Disadvantaged children; academic achievement improvement; Title I programs administration; correction,
SUPPLEMENTAL INFORMATION
In the final regulations published on December 2, 2002 (67 FR 71710) make the following corrections:
1. On page 71716, in the second column, the introductory text of Sec. 200.13(b) is corrected by adding the acronym ``AYP'' following the word ``define''.
2. On page 71720, in the first column Sec. 200.29(a) is correctly designated as paragraph (a)(1).
3. On page 71741, in the appendix, in the second column, after the fourth line, add the following text to read:
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Comment: Several commenters noted a ``catch22'' in the
requirement to demonstrate increasing proficiency by limited English
proficient students, since lack of English proficiency is the
defining characteristic of this group and successful students
``graduate'' from, and thus are no longer counted in, the subgroup. Two commenters recommended that the final regulations
[[Page 1009]]
permit the inclusion of ``formerly'' limited English proficient
students in the limited English proficient (LEP) subgroup for the
purpose of determining adequate yearly progress. The commenters
feared that counting only ``current'' limited English proficient
students would result in permanent identification for improvement of any school serving sufficient numbers of such students.
Discussion: The Secretary recognizes the concern raised by the
commenter not to penalize schools and LEAs that succeed in
developing the English proficiency of limited English proficient
students. However, these provisions are statutory and may not be
changed by the Secretary. Also, the definition of ``limited English
proficient'' in section 9101 (25) of the ESEA includes three
alternative definitions and may give States some flexibility to
address this concern. The Secretary may further address this issue in Title I guidance.
Changes: None.
* * * * *
Electronic Access to This Document
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Note: The official version of this document is the document
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Regulations is available on GPO Access at: http://www.access.gpo.gov/nara/index.html .
Dated: January 3, 2003.
Susan B. Neuman,
Assistant Secretary, Office of Elementary and Secondary Education. [FR Doc. 03351 Filed 1703; 8:45 am]
BILLING CODE 400001P
FOR FURTHER INFORMATION CONTACT
For subparts A, D, and E of part 200, Jacquelyn C. Jackson, Ed. D. Acting Director, Student Achievement and School Accountability Programs, Office of Elementary and Secondary Education, U.S. Department of Education, 400 Maryland Avenue, SW., room 3W202, FB6, Washington, DC 202026132. Telephone: (202) 2600826.
For subparts B and C of part 200, Francisco Garcia, Director, Migrant Education Program, Office of Elementary and Secondary Education, U.S. Department of Education, 400 Maryland Avenue, SW., room 3E217, FB6, Washington, DC 202026135. Telephone: (202) 2600089.
Individuals with disabilities may obtain this document in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) on request to the contact persons listed under FOR FURTHER INFORMATION CONTACT.