(a) If a school served by an LEA under subpart A of this part fails to make AYP by the end of the second full school year after the LEA has identified the school for improvement under Sec. 200.32(a) or (b), or by the end of the first full school year after the LEA has identified the school for improvement under Sec. 200.32(c), the LEA must identify the school for corrective action under Sec. 200.42.
(b) If a school was subject to corrective action on January 7, 2002, the LEA must--
(1) Treat the school as a school identified for corrective action under Sec. 200.42 for the 2002-2003 school year; and
(2) Not later than the first day of the 2002-2003 school year--
(i) In accordance with Sec. 200.44, provide public school choice to all students in the school;
(ii) In accordance with Sec. 200.45, make available supplemental educational services to eligible students who remain in the school; and
(iii) Take corrective action under Sec. 200.42.
(c) An LEA may remove from corrective action a school otherwise subject to the requirements of paragraphs (a) or (b) of this section if, on the basis of assessments administered by the LEA during the 2001-2002 school year, the school makes AYP for a second consecutive year. (Approved by the Office of Management and Budget under control number 1810-0576) (Authority: 20 U.S.C. 6316) [67 FR 71721, Dec. 2, 2002]