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Delay and removal.   

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(a) Delay. (1) An LEA may delay, for a period not to exceed one year, implementation of requirements under the second year of school improvement, under corrective action, or under restructuring if--

(i) The school makes AYP for one year; or (ii) The school's failure to make AYP is due to exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and unforeseen decline in the financial resources of the LEA or school.

(2) The LEA may not take into account a period of delay under paragraph (a) of this section in determining the number of consecutive years of the school's failure to make AYP.

(3) Except as provided in paragraph (b) of this section, the LEA must subject the school to further actions as if the delay never occurred.

(b) Removal. If any school identified for school improvement, corrective action, or restructuring makes AYP for two consecutive school years, the LEA may not, for the succeeding school year--

(1) Subject the school to the requirements of school improvement, corrective action, or restructuring; or (2) Identify the school for improvement.

(Authority: 20 USC 6316(b))

(Added by Federal Register, Vol.67, No.231, December 2,2002 effective Jan 2, 2003)