115 STAT. 1490 PUBLIC LAW 107-110-^AN. 8, 2002 "(i) substantially and directly responds to the consistent academic failure that caused the State to take such action and to any underlying staffing, curricular, or other problems in the agency; and "(ii) is designed to meet the goal of having all students served under this part achieve at the proficient and advanced student academic achievement levels. "(B) GENERAL REQUIREMENTS. — After providing technical assistance under paragraph (9) and subject to subparagraph (E), the State— "(i) may take corrective action at any time with respect to a local educational agency that has been identified under paragraph (3); "(ii) shall take corrective action with respect to any local educational agency that fails to make adequate yearly progress, as defined by the State, by the end of the second full school year after the identification of the agency under paragraph (3); and "(iii) shall continue to provide technical assistance while instituting any corrective action under clause (i) or (ii). "(C) CERTAIN CORRECTIVE ACTIONS REQUIRED.—In the case of a local educational agency identified for corrective action, the State educational agency shall take at least one of the following corrective actions: "(i) Deferring programmatic funds or reducing administrative funds. "(ii) Instituting and fully implementing a new curriculum that is based on State and local academic content and achievement standards, including providing appropriate professional development based on scientifically based research for all relevant staff, that offers substantial promise of improving educational achievement for low-achieving students. "(iii) Replacing the local educational agency personnel who are relevant to the failure to make adequate yearly progress. "(iv) Removing particular schools from the jurisdiction of the local educational agency and establishing alternative arrangements for public governance and supervision of such schools. "(v) Appointing, through the State educational agency, a receiver or trustee to administer the affairs of the local educational agency in place of the superintendent and school board. "(vi) Abolishing or restructuring the local educational agency. "(vii) Authorizing students to transfer from a school operated by the local educational agency to a higher-performing public school operated by another local educational agency in accordance with subsections (b)(1)(E) and (F), and providing to such students transportation (or the costs of transportation) to such schools consistent with subsection (b)(9), in conjunction with carrying out not less than one additional action described under this subparagraph.
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