[Federal Register: January 8, 2003 (Volume 68, Number 5)]
[Rules and Regulations]               
[Page 1008-1009]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
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34 CFR Part 200

RIN 1810-AA91

Title I--Improving the Academic Achievement of the Disadvantaged; 

AGENCY: Office of Elementary and Secondary Education, Department of 

ACTION: Final regulations; correction.


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 

DATES: These regulations are effective January 2, 2003.

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, FB-6, Washington, DC 20202-6132. Telephone: (202) 260-0826.
    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, FB-6, Washington, DC 20202-6135. Telephone: (202) 260-0089.
    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 

SUPPLEMENTARY 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:
* * * * *
    Comment: Several commenters noted a "catch-22" 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.
* * * * *

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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. 03-351 Filed 1-7-03; 8:45 am]