1. (a) Definition. “Corrective action” means action by an LEA that -

   1. (1) Substantially and directly responds to -

      1. (i) The consistent academic failure of a school that led the LEA to identify the school for corrective action; and
      2. (ii) Any underlying staffing, curriculum, or other problems in the school;
   2. (2) Is designed to increase substantially the likelihood that each group of students described in § 200.13(b)(7) and enrolled in the school will meet or exceed the State's proficient levels of achievement as measured by the State assessment system; and
   3. (3) Is consistent with State law.

2. (b) Requirements. If an LEA identifies a school for corrective action, in accordance with § 200.33, the LEA must do the following:

   1. (1) Continue to provide all students enrolled in the school with the option to transfer to another public school in accordance with § 200.44.
   2. (2) Continue to ensure that the school receives technical assistance consistent with the requirements of § 200.40.
   3. (3) Make available supplemental educational services in accordance with § 200.45.

   4. (4) Take at least one of the following corrective actions:

      1. (i) Replace the school staff who are relevant to the school's failure to make AYP.

      2. (ii) Institute and fully implement a new curriculum, including the provision of appropriate professional development for all relevant staff, that -

         1. (A) Is grounded in scientifically based research; and
         2. (B) Offers substantial promise of improving educational achievement for low-achieving students and of enabling the school to make AYP.
      3. (iii) Significantly decrease management authority at the school level.

      4. (iv) Appoint one or more outside experts to advise the school on -

         1. (A) Revising the school improvement plan developed under § 200.41 to address the specific issues underlying the school's continued failure to make AYP and resulting in identification for corrective action; and
         2. (B) Implementing the revised improvement plan.
      5. (v) Extend for that school the length of the school year or school day.
      6. (vi) Restructure the internal organization of the school.

   5. (5) Continue to comply with § 200.39(c).

      (Authority: 20 U.S.C. 6316(b)(7))

[82 FR 31699, July 7, 2017]