[Federal Register Volume 73, Number 247 (Tuesday, December 23, 2008)]
[Rules and Regulations]
[Pages 78636-78637]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30552]


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DEPARTMENT OF EDUCATION

34 CFR Part 200

RIN 1810-AB01
[Docket ID ED-2008-OESE-0003]


Title I--Improving the Academic Achievement of the Disadvantaged

AGENCY: Office of Elementary and Secondary Education, Department of 
Education.

ACTION: Final rule; correction.

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SUMMARY: The Department of Education is correcting a final regulation 
that was published in the Federal Register on October 29, 2008 (73 FR 
64436). The final regulations clarified and strengthened the Title I 
regulations in the areas of assessment, accountability, public school 
choice, and supplemental educational services.

DATES: Effective December 23, 2008.

FOR FURTHER INFORMATION CONTACT: Zollie Stevenson, Jr., Director, 
Student Achievement and School Accountability Programs, Office of 
Elementary and Secondary Education, U.S. Department of Education, 400 
Maryland Avenue, SW., room 3W230, Washington, DC 20202-6132. Telephone: 
(202) 260-1824.
    If you use a telecommunications device for the deaf (TDD), you may 
call the Federal Relay Service (FRS) at 1-800-877-8339.
    Individuals with disabilities can obtain this document in an 
accessible format (e.g., braille, large print, audiotape, or computer 
diskette) on request to the contact person listed under this section.

SUPPLEMENTARY INFORMATION: This is the second set of corrections to 
these regulations. The first set of corrections was published in the 
Federal Register on November 28, 2008 (73 FR 72352).
    Electronic Access to This Document: You can view this document, as 
well as all other documents of this Department published in the Federal 
Register, in text or Adobe Portable Document Format (PDF) on the 
Internet at the following site: http://www.ed.gov/news/fedregister.
    To use PDF you must have Adobe Acrobat Reader, which is available 
free at this site. If you have questions about using PDF, call the U.S. 
Government Printing Office (GPO), toll free, at 1-888-293-6498; or in 
the Washington, DC, area at (202) 512-1530.

    Note: The official version of this document is the document 
published in the Federal Register. Free Internet access to the 
official edition of the Federal Register and the Code of Federal 
Regulations is available on GPO Access at: http://www.gpoaccess.gov/nara/index.html.

List of Subjects in 34 CFR Part 200

    Administrative practice and procedure, Adult education, Children, 
Education of children with disabilities, Education of disadvantaged 
children, Elementary and secondary education, Eligibility, Family-
centered education, Grant programs--mducation, Indians--education, 
Infants and children, Institutions of higher education, Juvenile 
delinquency, Local educational agencies, Migrant labor, Nonprofit 
private agencies, Private schools, Public agencies, Reporting and 
recordkeeping requirements, State-administered programs, State 
educational agencies.

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Accordingly, 34 CFR part 200 is corrected by making the following 
correcting amendments:

PART 200--TITLE I--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE 
DISADVANTAGED

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1. The authority citation for part 200 continues to read as follows:

    Authority: 20 U.S.C. 6301 through 6578, unless otherwise noted.


Sec.  200.7  [Amended]

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2. Section 200.7 is amended by:
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A. In paragraph (b)(3), removing the words ``adequate yearly progress'' 
and adding, in their place, the word ``AYP''.
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B. In paragraph (b)(4), removing the words ``adequate yearly progress'' 
and adding, in their place, the word ``AYP''.

[[Page 78637]]

Sec.  200.12  [Amended]

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3. Section 200.12(a)(2) is amended by removing the words ``adequate 
yearly progress'' and the parentheses around the word ``AYP''.

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4. Section 200.42 is amended by adding a new paragraph (b)(5) to read 
as follows:


Sec.  200.42  Corrective action.

* * * * *
    (b) * * *
    (5) Continue to comply with Sec.  200.39(c).
* * * * *

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5. Section 200.43 is amended by:
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A. Adding a new paragraph (b)(5).
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B. In paragraph (c)(1)(i), removing the word ``and'' at the end of the 
paragraph.
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C. In paragraph (c)(1)(ii), removing the punctuation ``.'' and adding, 
in its place, the words ``; and'' at the end of the paragraph.
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D. Adding a new paragraph (c)(1)(iii).
    The additions read as follows:


Sec.  200.43  Restructuring.

* * * * *
    (b) * * *
    (5) Continue to comply with Sec.  200.39(c).
    (c) * * *
    (1) * * *
    (iii) Continue to comply with Sec.  200.39(c).
* * * * *

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5. Section 200.48(a)(2)(iii)(B) is amended by removing the word ``The'' 
at the beginning of the paragraph and adding, in its place, the words 
``Except as provided in paragraph (a)(2)(iii)(C) of this section, 
the''.

    Dated: December 18, 2008.
Kerri L. Briggs,
Assistant Secretary for Elementary and Secondary Education.
[FR Doc. E8-30552 Filed 12-22-08; 8:45 am]
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