Title 25:
Indians
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PART 30�ADEQUATE YEARLY PROGRESS
Section Contents
� 30.100 What
is the purpose of this part?
� 30.101 What
definitions apply to terms in this part?
Subpart
A�Defining Adequate Yearly Progress
� 30.102 Does
the Act require the Secretary of the Interior to develop a definition of
AYP for Bureau-funded schools?
� 30.103 Did
the Committee consider a separate Bureau definition of
AYP?
� 30.104 What
is the Secretary's definition of AYP?
Alternative
Definition of AYP
� 30.105 May
a tribal governing body or school board use another definition of
AYP?
� 30.106 How
does a tribal governing body or school board propose an alternative
definition of AYP?
� 30.107 What
must a tribal governing body or school board include in its alternative
definition of AYP?
� 30.108 May
an alternative definition of AYP use parts of the Secretary's
definition?
Technical
Assistance
� 30.109 Will
the Secretary provide assistance in developing an alternative AYP
definition?
� 30.110 What
is the process for requesting technical assistance to develop an
alternative definition of AYP?
� 30.111 When
should the tribal governing body or school board request technical
assistance?
Approval
of Alternative Definition
� 30.113 How
does the Secretary review and approve an alternative definition of
AYP?
Subpart
B�Assessing Adequate Yearly Progress
� 30.114 Which
students must be assessed?
� 30.115 Which
students' performance data must be included for purposes of
AYP?
� 30.116 If
a school fails to achieve its annual measurable objectives, what other
methods may it use to determine whether it made AYP?
Subpart
C�Failure To Make Adequate Yearly
Progress
� 30.117 What
happens if a Bureau-funded school fails to make AYP?
� 30.118 May
a Bureau-funded school present evidence of errors in identification before
it is identified for school improvement, corrective action, or
restructuring?
� 30.119 Who
is responsible for implementing required remedial actions at a
Bureau-funded school identified for school improvement, corrective action
or restructuring?
� 30.120 Are
Bureau-funded schools exempt from offering school choice and supplemental
educational services when identified for school improvement, corrective
action, and restructuring?
� 30.121 What
funds are available to assist schools identified for school improvement,
corrective action, or restructuring?
� 30.122 Must
the Bureau assist a school it identified for school improvement,
corrective action, or restructuring?
� 30.123 What
is the Bureau's role in assisting Bureau-funded schools to make
AYP?
� 30.124 Will
the Bureau apply for funds that are available to help schools that fail to
meet AYP?
� 30.125 What
happens if a State refuses to allow a school access to the State
assessment?
Subpart
D�Responsibilities and
Accountability
� 30.126 What
is required for the Bureau to meet its reporting
responsibilities?
� 30.150 Information
collection.
Authority: Public Law 107�110, 115
Stat. 1425.
Source: 70 FR 22200, Apr. 28, 2005,
unless otherwise noted.
� 30.100 What is the purpose of this
part?
top
This part establishes for schools receiving Bureau funding a definition
of �Adequate Yearly Progress (AYP).� Nothing in this part:
(a) Diminishes the Secretary's trust responsibility for Indian
education or any statutory rights in law;
(b) Affects in any way the sovereign rights of tribes; or
(c) Terminates or changes the trust responsibility of the United States
to Indian tribes or individual Indians.
� 30.101 What definitions apply to terms in this
part?
top
Act means the No Child Left Behind Act, Public Law 107�110,
enacted January 8, 2002. The No Child Left Behind Act reauthorizes and
amends the Elementary and Secondary Education Act (ESEA) and amends the
Education Amendments of 1978.
Bureau means the Bureau of Indian Affairs in the Department of
the Interior.
Department means the Department of the Interior.
OIEP means the Office of Indian Education Programs in the Bureau
of Indian Affairs.
School means a school funded by the Bureau of Indian
Affairs.
Secretary means the Secretary of the Interior or a designated
representative.
Secretaries means the Secretary of the Interior and the
Secretary of Education.
Subpart A�Defining Adequate Yearly Progress
top
� 30.102 Does the Act require the Secretary of
the Interior to develop a definition of AYP for Bureau-funded
schools?
top
Yes, the Act requires the Secretary to develop a definition of AYP
through negotiated rulemaking. In developing the Secretary's definition of
AYP, the No Child Left Behind Negotiated Rulemaking Committee (Committee)
considered a variety of options. In choosing the definition in �30.104,
the Committee in no way intended to diminish the Secretary's trust
responsibility for Indian education or any statutory rights in law.
Nothing in this part:
(a) Affects in any way the sovereign rights of tribes; or
(b) Terminates or changes the trust responsibility of the United States
to Indian tribes or individual Indians.
� 30.103 Did the Committee consider a separate
Bureau definition of AYP?
top
Yes, the Committee considered having the Bureau of Indian Affairs
develop a separate Bureau definition of AYP. For a variety of reasons, the
Committee reached consensus on the definition in �30.104. This definition
is in no way intended to diminish the United States' trust responsibility
for Indian education nor is it intended to give States authority over
Bureau-funded schools.
� 30.104 What is the Secretary's definition of
AYP?
top
The Secretary defines AYP as follows. The definition meets the
requirements in 20 U.S.C. 6311(b).
(a) Effective in the 2005�2006 school year, the academic content and
student achievement standards, assessments, and the definition of AYP are
those of the State where the school is located, unless an alternative
definition of AYP is proposed by the tribal governing body or school board
and approved by the Secretary.
(1) If the geographic boundaries of the school include more than one
State, the tribal governing body or school board may choose the State
definition it desires. Such decision shall be communicated to the
Secretary in writing.
(2) This section does not mean that the school is under the
jurisdiction of the State for any purpose, rather a reference to the State
is solely for the purpose of using the State's assessment, academic
content and student achievement standards, and definition of AYP.
(3) The use of the State's definition of AYP does not diminish or alter
the Federal Government's trust responsibility for Indian education.
(b) School boards or tribal governing bodies may seek a waiver that may
include developing their own definition of AYP, or adopting or modifying
an existing definition of AYP that has been accepted by the Department of
Education. The Secretary is committed to providing technical assistance to
a school, or a group of schools, to develop an alternative definition of
AYP.
Alternative Definition of AYP
top
� 30.105 May a tribal governing body or school
board use another definition of AYP?
top
Yes. A tribal governing body or school board may waive all or part of
the Secretary's definition of academic content and achievement standards,
assessments, and AYP. However, unless an alternative definition is
approved under �30.113, the school must use the Secretary's definition of
academic content and achievement standards, assessments, and AYP.
� 30.106 How does a tribal governing body or
school board propose an alternative definition of AYP?
top
If a tribal governing body or school board decides that the definition
of AYP in �30.104 is inappropriate, it may decide to waive all or part of
the definition. Within 60 days of the decision to waive, the tribal
governing body or school board must submit to the Secretary a proposal for
an alternative definition of AYP. The proposal must meet the requirements
of 20 U.S.C. 6311(b) and 34 CFR 200.13�200.20, taking into account the
unique circumstances and needs of the school or schools and the students
served.
� 30.107 What must a tribal governing body or
school board include in its alternative definition of AYP?
top
(a) An alternative definition of AYP must meet the requirements of 20
U.S.C. 6311(b)(2) of the Act and 34 CFR 200.13�200.20, taking into account
the unique circumstances and needs of the school or schools and the
students served.
(b) In accordance with 20 U.S.C. 6311(b) of the Act and 34 CFR
200.13�200.20, an alternative definition of AYP must:
(1) Apply the same high standards of academic achievement to all
students;
(2) Be statistically valid and reliable;
(3) Result in continuous and substantial academic improvement for all
students;
(4) Measure the progress of all students based on a high-quality
assessment system that includes, at a minimum, academic assessments in
mathematics and reading or language arts;
(5) Measure progress separately for reading or language arts and for
mathematics;
(6) Unless disaggregation of data cannot yield statistically reliable
information or reveals personally identifiable information, apply the same
annual measurable objectives to each of the following:
(i) The achievement of all students; and
(ii) The achievement of economically disadvantaged students, students
from major racial or ethnic groups, students with disabilities, and
students with limited English proficiency;
(7) Establish a starting point;
(8) Create a timeline to ensure that all students are proficient by the
2013�2014 school year;
(9) Establish annual measurable objectives;
(10) Establish intermediate goals;
(11) Include at least one other academic indicator which, for any
school with a 12th grade, must be graduation rate; and
(12) Ensure that at least 95 percent of the students enrolled in each
group under �30.107(b)(6) are assessed.
(c) If a Bureau-funded school's alternative definition of AYP does not
use a State's academic content and student achievement standards and
academic assessments, the school must include with its alternative
definition the academic standards and assessment it proposes to use. These
standards and assessments must meet the requirements in 20 U.S.C. 6311(b)
and 34 CFR 200.1�200.9.
� 30.108 May an alternative definition of AYP
use parts of the Secretary's definition?
top
Yes, a tribal governing body or school board may take part of the
Secretary's definition and propose to waive the remainder. The proposed
alternative definition of AYP must, however, include both the parts of the
Secretary's AYP definition the tribal governing body or school board is
adopting and those parts the tribal governing body or school board is
proposing to change.
Technical Assistance
top
� 30.109 Will the Secretary provide assistance
in developing an alternative AYP definition?
top
Yes, the Secretary through the Bureau, shall provide technical
assistance either directly or through contract to the tribal governing
body or the school board in developing an alternative AYP definition. A
tribal governing body or school board needing assistance must submit a
request to the Director of OIEP under �30.110. In providing assistance,
the Secretary may consult with the Secretary of Education and may use
funds supplied by the Secretary of Education in accordance with 20 U.S.C.
7301.
� 30.110 What is the process for requesting
technical assistance to develop an alternative definition of
AYP?
top
(a) The tribal governing body or school board requesting technical
assistance to develop an alternative definition of AYP must submit a
written request to the Director of OIEP, specifying the form of assistance
it requires.
(b) The Director of OIEP must acknowledge receipt of the request for
technical assistance within 10 days of receiving the request.
(c) No later than 30 days after receiving the original request, the
Director of OIEP will identify a point of contact. This contact will
immediately begin working with the tribal governing body or school board
to jointly develop the specifics of the technical assistance, including
identifying the form, substance, and timeline for the assistance.
� 30.111 When should the tribal governing body
or school board request technical assistance?
top
In order to maximize the time the tribal governing body or school board
has to develop an alternative definition of AYP and to provide full
opportunity for technical assistance, the tribal governing body or school
board should request technical assistance before formally notifying the
Secretary of its intention to waive the Secretary's definition of
AYP.
Approval of Alternative Definition
top
� 30.113 How does the Secretary review and
approve an alternative definition of AYP?
top
(a) The tribal governing body or school board submits a proposed
alternative definition of AYP to the Director, OIEP within 60 days of its
decision to waive the Secretary's definition.
(b) Within 60 days of receiving a proposed alternative definition of
AYP, OIEP will notify the tribal governing body or the school board
of:
(1) Whether the proposed alternative definition is complete; and
(2) If the definition is complete, an estimated timetable for the final
decision.
(c) If the proposed alternative definition is incomplete, OIEP will
provide the tribal governing body or school board with technical
assistance to complete the proposed alternative definition of AYP,
including identifying what additional items are necessary.
(d) The Secretaries will review the proposed alternative definition of
AYP to determine whether it is consistent with the requirements of 20
U.S.C. 6311(b). This review must take into account the unique
circumstances and needs of the schools and students.
(e) The Secretaries shall approve the alternative definition of AYP if
it is consistent with the requirements of 20 U.S.C. 6311(b), taking into
consideration the unique circumstances and needs of the school or schools
and the students served.
(f) If the Secretaries approve the alternative definition of AYP:
(1) The Secretary shall promptly notify the tribal governing body or
school board; and
(2) The alternate definition of AYP will become effective at the start
of the following school year.
(g) The Secretaries will disapprove the alternative definition of AYP
if it is not consistent with the requirements of 20 U.S.C. 6311(b). If the
alternative definition is disapproved, the tribal governing body or school
board will be notified of the following:
(1) That the definition is disapproved; and
(2) The reasons why the proposed alternative definition does not meet
the requirements of 20 U.S.C. 6311(b).
(h) If the Secretaries deny a proposed definition under paragraph (g)
of this section, they shall provide technical assistance to overcome the
basis for the denial.
Subpart B�Assessing Adequate Yearly Progress
top
� 30.114 Which students must be
assessed?
top
All students in grades three through eight and at least once in grades
ten through twelve who are enrolled in a Bureau-funded school must be
assessed.
� 30.115 Which students' performance data must
be included for purposes of AYP?
top
The performance data of all students assessed pursuant to �30.114 must
be included for purposes of AYP if the student is enrolled in a
Bureau-funded school for a full academic year as defined by the Secretary
or by an approved alternative definition of AYP.
� 30.116 If a school fails to achieve its annual
measurable objectives, what other methods may it use to determine whether
it made AYP?
top
A school makes AYP if each group of students identified in
�30.107(b)(6) meets or exceeds the annual measurable objectives and
participation rate identified in ��30.107(b)(9) and 30.107(b)(12)
respectively, and the school meets the other academic indicators
identified in �30.107(b)(11). If a school fails to achieve its annual
measurable objectives for any group identified in �30.107(b)(6), there are
two other methods it may use to determine whether it made AYP:
(a) Method A��Safe Harbor.� Under �safe harbor,� the following
requirements must be met for each group referenced under �30.107(b)(6)
that does not achieve the school's annual measurable objectives:
(1) In each group that does not achieve the school's annual measurable
objectives, the percentage of students who were below the �proficient�
level of academic achievement decreased by at least 10 percent from the
preceding school year; and
(2) The students in that group made progress on one or more of the
other academic indicators; and
(3) Not less than 95 percent of the students in that group participated
in the assessment.
(b) Method B�Uniform Averaging Procedure. A school may use
uniform averaging. Under this procedure, the school may average data from
the school year with data from one or two school years immediately
preceding that school year and determine if the resulting average makes
AYP.
Subpart C�Failure To Make Adequate Yearly Progress
top
� 30.117 What happens if a Bureau-funded school
fails to make AYP?
top
| Number of yrs of failing to make
AYP in same academic subject |
Status |
Action required by entity operating
school for the following school year |
| 1st year of failing AYP |
No status change |
Analyze AYP data and consider
consultation with outside experts. |
| 2nd year of failing AYP |
School improvement, year one |
Develop a plan or revise an existing
plan for school improvement in consultation with parents, school
staff and outside experts. |
| 3rd year of failing AYP |
School Improvement, year two |
Continue revising or modifying the
plan for school improvement in consultation with parents, school
staff and outside experts. |
| 4th year of failing AYP |
Corrective Action |
Implement at least one of the six
corrective actions steps found in 20 U.S.C. 6316(b)(7)(C)(iv). |
| 5th year of failing AYP |
Planning to Restructure |
Prepare a restructuring plan and
make arrangements to implement the plan. |
| 6th year of failing AYP |
Restructuring |
Implement the restructuring plan no
later than the beginning of the school year following the year in
which it developed the plan. |
| 7th year (and beyond) of
failing AYP |
Restructuring |
Continue implementation of the
restructuring plan until AYP is met for two consecutive
years. |
� 30.118 May a Bureau-funded school present
evidence of errors in identification before it is identified for school
improvement, corrective action, or restructuring?
top
Yes. The Bureau must give such a school the opportunity to review the
data on which the bureau would identify a school for improvement, and
present evidence as set out in 20 U.S.C. 6316(b)(2).
� 30.119 Who is responsible for implementing
required remedial actions at a Bureau-funded school identified for school
improvement, corrective action or restructuring?
top
(a) For a Bureau-operated school, implementation of remedial actions is
the responsibility of the Bureau.
(b) For a tribally operated contract school or grant school,
implementation of remedial actions is the responsibility of the school
board of the school.
� 30.120 Are Bureau-funded schools exempt from
offering school choice and supplemental educational services when
identified for school improvement, corrective action, and
restructuring?
top
Yes, Bureau-funded schools are exempt from offering public school
choice and supplemental educational services when identified for school
improvement, corrective action, and restructuring.
� 30.121 What funds are available to assist
schools identified for school improvement, corrective action, or
restructuring?
top
From fiscal year 2004 to fiscal year 2007, the Bureau will reserve 4
percent of its title I allocation to assist Bureau-funded schools
identified for school improvement, corrective action, and
restructuring.
(a) The Bureau will allocate at least 95 percent of funds under this
section to Bureau-funded schools identified for school improvement,
corrective action, and restructuring to carry out those schools'
responsibilities under 20 U.S.C. 6316(b). With the approval of the school
board the Bureau may directly provide for the remedial activities or
arrange for their provision through other entities such as school support
teams or educational service agencies.
(b) In allocating funds under this section, the Bureau will give
priority to schools that:
(1) Are the lowest-achieving schools;
(2) Demonstrate the greatest need for funds; and
(3) Demonstrate the strongest commitment to ensuring that the funds
enable the lowest-achieving schools to meet progress goals in the school
improvement plans.
(c) Funds reserved under this section must not decrease total funding
under title I, part A of the Act, for any school below the level for the
preceding year. To the extent that reserving funds under this section
would reduce the title I, part A dollar amount of any school below the
amount of title I, part A dollars the school received the previous year,
the Secretary is authorized to reduce the title I, part A allocations of
those schools receiving an increase in the title I, part A funds over the
previous year to create the 4 percent reserve. This section does not
authorize a school to receive title I, part A dollars it is not otherwise
eligible to receive.
(d) The Bureau will publish in theFederal Registera list
of schools receiving funds under this section.
� 30.122 Must the Bureau assist a school it
identified for school improvement, corrective action, or
restructuring?
top
Yes, if a Bureau-funded school is identified for school improvement,
corrective action, or restructuring, the Bureau must provide technical or
other assistance described in 20 U.S.C. 6316(b)(4) and 20 U.S.C.
6316(g)(3) .
� 30.123 What is the Bureau's role in assisting
Bureau-funded schools to make AYP?
top
The Bureau must provide support to all Bureau-funded schools to assist
them in achieving AYP. This includes technical assistance and other forms
of support.
� 30.124 Will the Bureau apply for funds that
are available to help schools that fail to meet AYP?
top
Yes, to the extent that Congress appropriates other funds to assist
schools not meeting AYP, the Bureau will apply to the Department of
Education for these funds.
� 30.125 What happens if a State refuses to
allow a school access to the State assessment?
top
(a) The Department will work directly with State officials to assist
schools in obtaining access to the State's assessment. This can include
direct communication with the Governor of the State. A Bureau-funded
school may, if necessary, pay a State for access to its assessment tools
and scoring services.
(b) If a State does not provide access to the State's assessment, the
Bureau-funded school must submit a waiver for an alternative definition of
AYP.
Subpart D�Responsibilities and Accountability
top
� 30.126 What is required for the Bureau to meet
its reporting responsibilities?
top
The Bureau has the following reporting responsibilities to the
Department of Education, appropriate Committees of Congress, and the
public.
(a) In order to provide information about annual progress, the Bureau
must obtain from all Bureau-funded schools the results of assessments
administered for all tested students, special education students, students
with limited English proficiency, and disseminate such results in an
annual report.
(b) The Bureau must identify each school that did not meet AYP in
accordance with the school's AYP definition.
(c) Within its annual report to Congress, the Secretary shall include
all of the reporting requirements of 20 U.S.C. 6316(g)(5).
� 30.150 Information collection.
top
Notwithstanding any other provision of law, no person is required to
respond to, nor shall any person be subject to a penalty for failure to
comply with, a collection of information subject to the requirements of
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq. )(PRA),
unless that collection of information displays a currently valid Office of
Management and Budget (OMB) Control Number. This part involves collections
of information subject to the PRA in ��30.104(a)(1), 30.104(b), 30.106,
30.107, 30.110, and 30.118. These collections have been approved by OMB
under control number 1076�0163.
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