Page:United States Statutes at Large Volume 108 Part 5.djvu/55

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PUBLIC LAW 103-382—OCT. 20, 1994 108 STAT. 3545 "(HI) revoking authority for a school to operate a schoolwide program; "(IV) decreasing decisionmaking authority at the school level; "(V) making alternative governance arrangements such as the creation of a public charter school; "(VI) reconstituting the school staff; "(VII) authorizing students to transfer, including transportation costs, to other public schools served by the local educational agency; and "(VIII) implementing opportunity-to-leam standards or strategies developed by such State under the Goals 2000: Educate America Act. "(ii) Notwithstanding clause (i), corrective actions taken pursuant to this part shall not include the actions described in subclause (I), (III), (IV), (VI), or (VII) of clause (i) until the State has developed assessments that meet the requirements of subparagraph (C) of section 1111(b)(3). "(C) Prior to implementing any corrective action, the local educational agency may refrain from such corrective action for one additional year to the extent that the failure to make progress can be attributed to extenuating circumstances as determined by the local educational agency. "(D) A school that is no longer operating its schoolwide program due to a corrective action may not resume operation of such a program until the local educational agency determines that the school has adequately reformed its schoolwide program plan to enable the school to make adequate progress toward meeting the State's challenging student performance standards. "(6) STATE EDUCATIONAL AGENCY RESPONSIBILITIES. —The State educational agency shall— "(A) msike technical assistance under section 1117 available to the schools farthest from meeting the State's challenging student performance standards, if requested by the school or local educational agency; and "(B) if such agency determines that a local educational agency failed to carry out the local educational agency's responsibilities under paragraphs (4) and (5), take such corrective actions as the State educational agency deems appropriate and which are in compliance with State law. "(7) SPECIAL RULE. —Schools that, for at least two of the three years following identification under paragraph (1), make adequate progress toward meeting the State's proficient and advanced levels of performance shall no longer need to be identified for school improvement. "(d) STATE REVIEW AND LOCAL EDUCATIONAL AGENCY IMPROVE- MENT.— "(1) IN GENERAL.— ^A State educational agency shall— "(A) annually review the progress of each local educational agency receiving funds under this part to determine whether schools receiving assistance under this part are making adequate progress as defined in section llll(b)(2)(A)(ii) toward meeting the State's student performance standards; and "(B) publicize and disseminate to local educational agencies, teachers and other staff, parents, students, and the community the results of the State review, including