1. (a) Definition. For the purposes of this section, the term “corrective action” means action by an SEA that -

   1. (1) Substantially and directly responds to -

      1. (i) The consistent academic failure that caused the SEA to identify an LEA for corrective action; and
      2. (ii) Any underlying staffing, curriculum, or other problems in the LEA;
   2. (2) Is designed to meet the goal that each group of students described in § 200.13(b)(7) and enrolled in the LEA's schools 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) Notice and hearing. Before implementing any corrective action under paragraph (c) of this section, the SEA must provide notice and a hearing to the affected LEA - if State law provides for this notice and hearing - not later than 45 days following the decision to take corrective action.

3. (c) Requirements. If the SEA identifies an LEA for corrective action, the SEA must do the following:

   1. (1) Continue to make available technical assistance to the LEA.

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

      1. (i) Defer programmatic funds or reduce administrative funds.

      2. (ii) Institute and fully implement a new curriculum based on State and local content and academic achievement standards, 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.
      3. (iii) Replace the LEA personnel who are relevant to the failure to make AYP.
      4. (iv) Remove particular schools from the jurisdiction of the LEA and establish alternative arrangements for public governance and supervision of these schools.
      5. (v) Appoint a receiver or trustee to administer the affairs of the LEA in place of the superintendent and school board.
      6. (vi) Abolish or restructure the LEA.

      7. (vii) In conjunction with at least one other action in paragraph (c)(2) of this section -

         1. (A) Authorize students to transfer from a school operated by the LEA to a higher-performing public school operated by another LEA in accordance with § 200.44, and

         2. (B) Provide to these students transportation, or the costs of transportation, to the other school consistent with § 200.44(h).

            (Authority: 20 U.S.C. 6316(c)(10))

[82 FR 31706, July 7, 2017]