1. (a) Schools identified for comprehensive support and improvement. Based on its system for annual meaningful differentiation under § 200.18, each State must establish and describe in its State plan under section 1111 of the Act a methodology, including a timeline consistent with paragraph (d) of this section, to identify one statewide category of schools for comprehensive support and improvement under § 200.21, which must include the following three types of schools:

   1. (1) Lowest-performing. Not less than the lowest-performing five percent of all schools in the State participating under subpart A of this part, consistent with the requirements of § 200.18(a)(4).
   2. (2) Low high school graduation rate. Any public high school in the State with a four-year adjusted cohort graduation rate, as calculated under § 200.34(a), at or below 67 percent, or below a higher percentage selected by the State.
   3. (3) Chronically low-performing subgroup. Any school participating under subpart A of this part and identified pursuant to paragraph (b)(2) of this section that has not improved, as defined by the State, after implementing a targeted support and improvement plan over a State-determined number of years consistent with paragraph (d)(1)(i) of this section.

2. (b) Schools identified for targeted support and improvement. Based on its system for annual meaningful differentiation under § 200.18, each State must establish and describe in its State plan under section 1111 of the Act a methodology to identify schools for targeted support and improvement under § 200.22, which must include the following two types of schools:

   1. (1) Consistently underperforming subgroup. Any school that is not identified under paragraph (a) of this section with one or more consistently underperforming subgroups of students, as defined in paragraph (c) of this section and consistent with §§ 200.16 and 200.17.
   2. (2) Low-performing subgroup. Any school that is not identified under paragraph (a) of this section in which one or more subgroups of students is performing, using the State's methodology for identifying the lowest-performing schools under paragraph (a)(1) of this section, at or below the performance of all students in any school identified under paragraph (a)(1) of this section. Schools identified under this paragraph must receive additional targeted support in accordance with section 1111(d)(2)(C) of the Act.

3. (c) Methodology to identify consistently underperforming subgroups. The description required by paragraph (b)(1) of this section must demonstrate that the State's methodology to identify schools with one or more consistently underperforming subgroups of students under paragraph (b)(1) of this section -

   1. (1) Considers each school's performance among each subgroup of students in the school consistent with §§ 200.16 and 200.17, over no more than two years, unless the State demonstrates that a longer timeframe will better support low-performing subgroups of students to make significant progress in achieving the State's long-term goals and measurements of interim progress in order to close statewide proficiency and graduation rate gaps, consistent with section 1111(c)(4)(A)(i)(III) of the Act and § 200.13;
   2. (2) Is based on all indicators under § 200.14 used for annual meaningful differentiation under § 200.18 consistent with the requirements for weighting of indicators described in § 200.18(b); and

   3. (3) Defines a consistently underperforming subgroup of students in a uniform manner across all LEAs in the State, which must include -

      1. (i) A subgroup of students that is not meeting at least one of the State's measurements of interim progress or is not on track to meet at least one of the State-designed long-term goals under § 200.13 or is performing below a State-determined threshold on an indicator for which the State is not required to establish long-term goals under § 200.13; or
      2. (ii) Another State-determined definition.

4. (d) Timeline.

   1. (1) A State must identify -

      1. (i) Each type of school for comprehensive support and improvement under paragraphs (a)(1) through (3) of this section at least once every three years, beginning with identification for the 2018-2019 school year, except that identification of schools with chronically low-performing subgroups under paragraph (a)(3) of this section is not required for the 2018-2019 school year;
      2. (ii) Schools with one or more consistently underperforming subgroups of students for targeted support and improvement under paragraph (b) of this section annually, beginning with identification for the 2019-2020 school year; and

      3. (iii) Schools with one or more low-performing subgroups of students for targeted support and improvement under paragraph (b)(2) of this section -

         1. (A) Beginning with identification for the 2018-2019 school year;
         2. (B) At least once every three years; and
         3. (C) With such identification occurring in each year, consistent with paragraph (d)(1)(i) of this section, in which the State identifies schools for comprehensive support and improvement.

   2. (2) Each year for which a State must identify schools for comprehensive or targeted support and improvement, it must -

      1. (i) Make such identification as soon as possible, but no later than the beginning of each school year; and

      2. (ii) For purposes of identifying schools under this section, use data from the preceding school year (e.g., data from the 2017-2018 school year inform identification for the 2018-2019 school year), and, at the State's discretion, data from earlier school years, consistent with § 200.20(a), except that a State is not required to use adjusted cohort graduation rate data from the preceding school year if the State uses data from the school year immediately prior to the preceding school year (e.g., data from the 2016-2017 school year inform identification for the 2018-2019 school year).

         Types of schools	Description	Statutory provision	Regulatory provision	Timeline for identification	Initial year of identification
         Category: Comprehensive Support and Improvement
         Lowest-Performing	Lowest-performing five percent of schools in the State participating in Title I	1111(c)(4)(D)(i)(I)	§ 200.19(a)(1)	At least once every three years	2018-2019.
         Low High School Graduation Rate	Any public high school in the State with a four-year adjusted cohort graduation rate at or below 67 percent, or below a higher percentage selected by the State, over no more than three years	Section 1111(c)(4)(D)(i)(II)	§ 200.19(a)(2)	At least once every three years	2018-2019.
         Chronically Low-Performing Subgroup	Any school participating in Title I that (a) was identified for targeted support and improvement because it had a subgroup of students performing at or below the performance of all students in the lowest-performing schools and (b) did not improve after implementing a targeted support and improvement plan over a State-determined number of years	Section 1111(c)(4)(D)(i)(III), 1111(d)(3)(A)(i)(II)	§ 200.19(a)(3)	At least once every three years	State-determined.
         Category: Targeted Support and Improvement
         Consistently Underperforming Subgroup	Any school with one or more consistently underperforming subgroups	Section 1111(c)(4)(C)(iii), 1111(d)(2)(A)(i)	§ 200.19(b)(1), (c)	Annually	2019-2020.
         Low-Performing Subgroup	Any school in which one or more subgroups of students is performing at or below the performance of all students in the lowest-performing schools. These schools must receive additional targeted support under the law	Section 1111(d)(2)(D)	§ 200.19(b)(2)	At least once every three years	2018-2019.
         	If this type of school is a Title I school that does not improve after implementing a targeted support and improvement plan over a State-determined number of years, it becomes a school that has a chronically low-performing subgroup and is identified for comprehensive support and improvement

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

[81 FR 86228, Nov. 29, 2016]