1. (a)

   1. (1) To meet the requirements for academic assessments under section 1111(b)(2) of the Act, each State must administer the academic assessments required under section 1111(b)(2)(B)(v) of the Act to all public elementary school and secondary school students in the State and provide for the participation of all such students in those assessments.
   2. (2) For purposes of the statewide accountability system under section 1111(c) of the Act, each State must annually measure the achievement of at least 95 percent of all students, and 95 percent of all students in each subgroup of students described in § 200.16(a)(2), who are enrolled in each public school on the assessments required under section 1111(b)(2)(B)(v)(I) of the Act.
   3. (3) Each State must measure participation rates under paragraph (a)(2) of this section separately in reading/language arts and mathematics.

2. (b) For purposes of annual meaningful differentiation under § 200.18 and identification of schools under § 200.19, a State must -

   1. (1) Annually calculate any measure in the Academic Achievement indicator under § 200.14(b)(1) so that the denominator of such measure, for all students and for all students in each subgroup, includes the greater of -

      1. (i) 95 percent of all such students in the grades assessed who are enrolled in the school; or
      2. (ii) The number of all such students enrolled in the school who participated in the assessments required under section 1111(b)(2)(B)(v)(I) of the Act; and

   2. (2) Factor the requirement for 95 percent student participation in assessments under paragraph (a)(2) of this section into its system of annual meaningful differentiation so that missing such requirement, for all students or for any subgroup of students in a school, results in at least one of the following actions:

      1. (i) A lower summative determination in the State's system of annual meaningful differentiation under § 200.18(a)(4).
      2. (ii) The lowest performance level on the Academic Achievement indicator in the State's system of annual meaningful differentiation under § 200.18(a)(2).
      3. (iii) Identification for, and implementation of, a targeted support and improvement plan consistent with the requirements under § 200.22.
      4. (iv) Another State-determined action or set of actions described in its State plan under section 1111 of the Act that is sufficiently rigorous to improve the school's participation rate so that the school meets the requirements under paragraph (a) of this section.

3. (c) To support the State in meeting the requirements of paragraph (a) of this section -

   1. (1) A school that fails to assess at least 95 percent of all students or 95 percent of each subgroup of students in any year must develop and implement an improvement plan that -

      1. (i) Is developed in partnership with stakeholders (including principals and other school leaders; teachers; and parents and, as appropriate, students);
      2. (ii) Includes one or more strategies to address the reason or reasons for low participation rates in the school and improve participation rates in subsequent years;
      3. (iii) Is reviewed and approved by the LEA prior to implementation; and
      4. (iv) Is monitored, upon submission and implementation, by the LEA; and
   2. (2) An LEA with a significant number or percentage of schools that fail to assess at least 95 percent of all students or 95 percent of each subgroup of students in any year must develop and implement an improvement plan that includes additional actions to support effective implementation of the school-level plans developed under paragraph (c)(1) of this section and that is reviewed and approved by the State.
   3. (3) If a State chooses to identify a school for, and require implementation of, a targeted support and improvement plan under paragraph (b)(2)(iii) of this section, the requirement for such a school to develop and implement a targeted support and improvement plan consistent with § 200.22 fulfills the requirements of this paragraph.

4. (d)

   1. (1) A State must provide a clear and understandable explanation of how it has met the requirements of paragraph (b) of this section in its State plan under section 1111 of the Act and in its description of the State's system for annual meaningful differentiation of schools on its State report card pursuant to section 1111(h)(1)(C)(i)(IV) of the Act.
   2. (2) A State, LEA, or school may not systematically exclude students, including any subgroup of students described in § 200.16(a), from participating in the assessments required under section 1111(b)(2)(B)(v) of the Act.
   3. (3) To count a student who is assessed based on alternate academic achievement standards described in section 1111(b)(1)(E) of the Act as a participant for purposes of meeting the requirements of this section, the State must have guidelines that meet the requirements described in section 1111(b)(2)(D)(ii) of the Act and must ensure that its LEAs adhere to such guidelines.

   4. (4) Consistent with § 200.16(c)(3)(i)(A), a State may count a recently arrived English learner as defined in section 1111(b)(3)(A) of the Act as a participant in the State assessment in reading/language arts for purposes of meeting the requirements in paragraph (a) of this section if he or she takes either the State's English language proficiency assessment under section 1111(b)(2)(G) of the Act or reading/language arts assessment under section 1111(b)(2)(B)(v)(I) of the Act.

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

[81 FR 86224, Nov. 29, 2016]