For each State that receives funds under subpart A of this part and under subpart 1 of part A of Title III of the ESEA, the Secretary must, beginning with the 2004-2005 school year, annually review whether the State has--
(a)(1) Made AYP as defined by the State in accordance with Sec. Sec. 200.13
through 200.20 for each group of students in Sec.
200.13(b)(7); and (2) Met its annual measurable achievement objectives under section 3122(a) of the ESEA relating to the development and attainment of English proficiency by limited English proficient students.
(b) A State must include all students who were enrolled in schools in the State for a full academic year in reporting on the yearly progress of the State.
(Authority: 20 USC 7325)
(Amended by Federal Register, Vol.67, No.231, December 2,2002 effective Jan 2, 2003)