1. (a) In its statewide accountability system under § 200.12, each State must, at a minimum, include four distinct indicators for each school that -

   1. (1) Except for the indicator under paragraph (b)(4) of this section, measure performance for all students and separately for each subgroup of students described in § 200.16(a)(2); and
   2. (2) Use the same measures within each indicator for all schools in the State, except as provided in paragraph (c)(2) of this section.

2. (b) A State must annually measure the following indicators consistent with paragraph (a) of this section:

   1. (1) For all schools, based on the long-term goals established under § 200.13(a), an Academic Achievement indicator, which -

      1. (i) Must include the following:

         1. (A) A measure of student performance on the annual reading/language arts and mathematics assessments required under section 1111(b)(2)(B)(v)(I) of the Act at the proficient level on the State's grade-level academic achievement standards consistent with section 1111(b)(1) of the Act, except that students with the most significant cognitive disabilities may be assessed in those subjects against alternate academic achievement standards defined by the State consistent with section 1111(b)(1)(E) of the Act; and
         2. (B) The performance of at least 95 percent of all students and 95 percent of all students in each subgroup consistent with § 200.15(b)(1); and

      2. (ii) May include the following:

         1. (A) In addition to a measure of student performance under paragraph (b)(2)(i)(A) of this section, measures of student performance on such assessments above or below the proficient level on such achievement standards so long as -

            (1) A school receives less credit for the performance of a student who is not yet proficient than for the performance of a student who has reached or exceeded proficiency; and

            (2) The credit the school receives from the performance of a student exceeding the proficient level does not fully compensate for the performance of a student who is not yet proficient in the school; and

         2. (B) For high schools, student growth based on the reading/language arts and mathematics assessments required under section 1111(b)(2)(B)(v)(I) of the Act.

   2. (2) For elementary and secondary schools that are not high schools, an Academic Progress indicator, which must include either -

      1. (i) A measure of student growth based on the annual assessments required under section 1111(b)(2)(B)(v)(I) of the Act; or
      2. (ii) Another academic measure that meets the requirements of paragraph (c) of this section.

   3. (3) For high schools, based on the long-term goals established under § 200.13(b), a Graduation Rate indicator, which -

      1. (i) Must measure the four-year adjusted cohort graduation rate consistent with § 200.34(a); and
      2. (ii) May measure, at the State's discretion, the extended-year adjusted cohort graduation rate consistent with § 200.34(d).

   4. (4) For all schools, a Progress in Achieving English Language Proficiency indicator, based on English learner performance on the annual English language proficiency assessment required under section 1111(b)(2)(G) of the Act in at least each of grades 3 through 8 and in grades for which English learners are otherwise assessed under section 1111(b)(2)(B)(v)(I)(bb) of the Act, that -

      1. (i) Uses objective and valid measures of student progress on the assessment, comparing results from the current school year to results from the previous school year, such as student growth percentiles;
      2. (ii) Is aligned with the applicable timelines, within the State-determined maximum number of years, under § 200.13(c)(2) for each English learner to attain English language proficiency after the student's identification as an English learner; and
      3. (iii) May also include a measure of proficiency (e.g., an increase in the percentage of English learners scoring proficient on the English language proficiency assessment required under section 1111(b)(2)(G) of the Act compared to the prior year).

   5. (5) One or more indicators of School Quality or Student Success that meets the requirements of paragraph (c) of this section, which may vary by each grade span and may include one or more of the following:

      1. (i) Student access to and completion of advanced coursework.
      2. (ii) Postsecondary readiness.
      3. (iii) School climate and safety.
      4. (iv) Student engagement.
      5. (v) Educator engagement.
      6. (vi) Any other indicator the State chooses that meets the requirements of paragraph (c) of this section.

3. (c) A State must demonstrate in its State plan under section 1111 of the Act that each measure it selects to include within any indicator under this section -

   1. (1) Is valid, reliable, and comparable across all LEAs in the State;
   2. (2) Is calculated in the same way for all schools across the State, except that measures within the indicator of Academic Progress and within any indicator of School Quality or Student Success may vary by each grade span; and
   3. (3) For all indicators except the Progress in Achieving English Language Proficiency indicator, is able to be disaggregated for each subgroup of students described in § 200.16(a)(2).
4. (d) A State must demonstrate in its State plan under section 1111 of the Act that each measure it selects to include within the indicators of Academic Progress and School Quality or Student Success is supported by research that high performance or improvement on such measure is likely to increase student learning (e.g., grade point average, credit accumulation, performance in advanced coursework), or, for a measure within indicators at the high school level, graduation rates, postsecondary enrollment, postsecondary persistence or completion, or career readiness.

5. (e) A State must demonstrate in its State plan under section 1111 of the Act that each measure it selects to include within the indicators of Academic Progress and School Quality or Student Success aids in the meaningful differentiation of schools under § 200.18 by demonstrating varied results across schools in the State.

   (Authority: 20 U.S.C. 6311(c); 20 U.S.C. 6571(a); 20 U.S.C. 1221e-3; 20 U.S.C. 3474)

[81 FR 86223, Nov. 29, 2016]