From the Federal Register:
Elementary and Secondary Education Act of 1965, as Amended by the Every Student Succeeds Act-Accountability and State Plans
“Under the Congressional Review Act, Congress has passed, and the President has signed, a resolution of disapproval of the accountability and State plans final regulations that were published on November 29, 2016. Because the resolution of disapproval invalidates these final regulations, the Department of Education (Department) is hereby removing these final regulations from the Code of Federal Regulations.
On November 29, 2016, the Department published the accountability and State plans final regulations (81 FR 86076). The regulations were effective on March 21, 2017. On March 27, 2017, President Trump signed into law Congress’ resolution of disapproval of the accountability and State plans final regulations under the Congressional Review Act as Public Law 115-13. Section 801(f) of the Congressional Review Act states that “[a]ny rule that takes effect and later is made of no force or effect by enactment of a joint resolution under section 802 shall be treated as though such rule had never taken effect.” Accordingly, the Department is hereby removing the accountability and State plans final regulations from the Code of Federal Regulations, and ensuring the CFR is returned to the state it would have been if this “rule had never taken effect.”
Dated: June 7, 2017.
Secretary of Education.
This is a long and involved revocation of the 34 Code of Federal Regulations Part 200 and Part 299 amendments.
A State must define adequate yearly progress, in accordance with §§ 200.14 through 200.20, in a manner that—
. . . Is the same for all public schools and LEAs in the State; and
(7) Consistent with § 200.7, applies the same annual measurable objectives under § 200.18 separately to each of the following:
(ii) Students in each of the following subgroups:
(A) Economically disadvantaged students.
(B) Students from major racial and ethnic groups.
(C) Students with disabilities, as defined in section 9101(5) of the ESEA.
In calculating AYP for schools, LEAs, and the State, a State must, . . . include the scores of all students with disabilities.”
More schools will fail, more charters will open, more tax dollars will be wasted, and more children will be discriminated against.
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