1. (a) Calculations for reporting student achievement results.

   1. (1) Consistent with paragraph (a)(3) of this section, each State and LEA report card must include the percentage of students performing at each level of achievement under section 1111(b)(1)(A) of the Act (e.g., proficient, advanced) on the academic assessments under section 1111(b)(2) of the Act, overall and by grade.

   2. (2) Consistent with paragraph (a)(3) of this section, each LEA report card must also -

      1. (i) Compare the results under paragraph (a)(1) of this section for students served by the LEA with students in the State as a whole; and
      2. (ii) For each school served by the LEA, compare the results under paragraph (a)(1) of this section for students enrolled in the school with students served by the LEA and students in the State as a whole.

   3. (3) Each State and LEA report card must include, with respect to each reporting requirement under paragraphs (a)(1) and (2) of this section -

      1. (i) Information for all students;

      2. (ii) Information disaggregated by -

         1. (A) Each subgroup of students described in § 200.16(a)(2);
         2. (B) Migrant status;
         3. (C) Gender;
         4. (D) Homeless status;
         5. (E) Status as a child in foster care; and
         6. (F) Status as a student with a parent who is a member of the Armed Forces on active duty or serves on full-time National Guard duty; and

      3. (iii) Results based on both -

         1. (A) The percentage of students at each level of achievement, in which the denominator includes the greater of -

            (1) 95 percent of all students, or 95 percent of each subgroup of students, who are enrolled in the school, LEA, or State, respectively; or

            (2) The number of all such students enrolled in the school, LEA, or State, respectively, who participate in the assessments required under section 1111(b)(2)(B)(v) of the Act; and

         2. (B) The percentage of students at each level of achievement, in which the denominator includes all students with a valid test score.

2. (b) Calculation for reporting on the progress of all students and each subgroup of students toward meeting the State-designed long-term academic achievement goals.

   1. (1) Each State and LEA report card must indicate whether all students and each subgroup of students described in § 200.16(a)(2) met or did not meet the State measurements of interim progress for academic achievement under § 200.13(a).

   2. (2) To meet the requirements of paragraph (b)(1) of this section, each State and LEA must calculate the percentage of students who are proficient and above on the State assessments required under section 1111(b)(2)(B)(v)(I) of the Act based on a denominator that includes the greater of -

      1. (i) 95 percent of all students, and 95 percent of each subgroup of students, who are enrolled in the school, LEA, or State, respectively; or
      2. (ii) The number of all such students enrolled in the school, LEA, or State, respectively who participate in the assessments required under section 1111(b)(2)(B)(v)(I) of the Act.

3. (c) Calculation for reporting the percentage of students assessed and not assessed.

   1. (1) Each State and LEA report card must include the percentage of all students, and the percentage of students disaggregated by each subgroup of students described in § 200.16(a)(2), gender, and migrant status, assessed and not assessed on each of the assessments required under section 1111(b)(2)(B)(v) of the Act.

   2. (2) To meet the requirements of paragraph (c)(1) of this section, each State and LEA must include in the denominator of the calculation all students enrolled in the school, LEA, or State, respectively, at the time of testing.

      (Approved by the Office of Management and Budget under control number 1810-0581)

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

[81 FR 86238, Nov. 29, 2016]