For each State that receives funds under subpart A of this part and under subpart 1 of part A of Title III of the ESEA, the Secretary must, beginning with the 2004-2005 school year, annually review whether the State has -

1. (a)

   1. (1) Made AYP as defined by the State in accordance with §§ 200.13 through 200.20 for each group of students in § 200.13(b)(7); and
   2. (2) Met its annual measurable achievement objectives under section 3122(a) of the ESEA relating to the development and attainment of English proficiency by limited English proficient students.

2. (b) A State must include all students who were enrolled in schools in the State for a full academic year in reporting on the yearly progress of the State.

   (Authority: 20 U.S.C. 7325)

[82 FR 31695, July 7, 2017]