Yes, the Act requires the Secretary to develop a definition of AYP through negotiated rulemaking. In developing the Secretary's definition of AYP, the No Child Left Behind Negotiated Rulemaking Committee (Committee) considered a variety of options. In choosing the definition in Sec. 30.104, the Committee in no way intended to diminish the Secretary's trust responsibility for Indian education or any statutory rights in law. Nothing in this part:
(a) Affects in any way the sovereign rights of tribes; or
(b) Terminates or changes the trust responsibility of the United States to Indian tribes or individual Indians.