Page:United States Statutes at Large Volume 115 Part 2.djvu/500

 115 STAT. 1484 PUBLIC LAW 107-llO^JAN. 8, 2002 "(B) SYSTEM.— In order to help students served under this part meet challenging State student academic achievement standards, each local educational agency shall implement a system of corrective action in accordance with subparagraphs (C) through (E). "(C) ROLE OF LOCAL EDUCATIONAL AGENCY.—In the case of any school served by a local educational agency under this part that fails to make adequate yearly progress, as defined by the State under section 1111(b)(2), by the end of the second full school year after the identification under paragraph (1), the local educational agency shall— "(i) continue to provide all students enrolled in the school with the option to transfer to another public school served by the local educational agency, in accordance with paragraph (1)(E) and (F); "(ii) continue to provide technical assistance consistent with paragraph (4) while instituting any corrective action under clause (iv); "(iii) continue to make supplemental educational services available, in accordance with subsection (e), to children who remain in the school; and "(iv) identify the school for corrective action and take at least one of the following corrective actions: "(I) Replace the school staff who are relevant to the failure to make adequate yearly progress. "(II) Institute and fully implement a new curriculum, including providing appropriate professional development for all relevant staff, that is based on scientifically based research and offers substantial promise of improving educational achievement for low-achieving students and enabling the school to make adequate yearly progress. "(Ill) Significantly decrease management authority at the school level. "(IV) Appoint an outside expert to advise the school on its progress toward making adequate yearly progress, based on its school plan under paragraph (3). "(V) Extend the school year or school day for the school. "(VI) Restructure the internal organizational structure of the school. "(D) DELAY. —Notwithstanding any other provision of this paragraph, the local educational agency may delay, for a period not to exceed 1 year, implementation of the requirements under paragraph (5), corrective action under this paragraph, or restructuring under paragraph (8) if the school makes adequate yearly progress for 1 year or if its failure to make adequate yearly progress is due to exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and unforeseen decline in the financial resources of the local educational agency or school. No such period shall be taken into account in determining the number of consecutive years of failure to make adequate yearly progress.

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