§8295. Accountability

(a) Academic achievement

(1) In general

Each local educational agency that uses or receives funds under section 8293 or 8294 of this title for a fiscal year shall-

(A) administer an assessment that is used statewide and is consistent with the assessment described in section 6311(b) of this title, to assess the academic achievement of students in the schools served by the local educational agency; or

(B) in the case of a local educational agency for which there is no statewide assessment described in subparagraph (A), administer a test, that is selected by the local educational agency, to assess the academic achievement of students in the schools served by the local educational agency.

(2) Special rule

Each local educational agency that uses or receives funds under section 8293 or 8294 of this title shall use the same assessment or test described in paragraph (1) for each year of participation in the program carried out under such section.

(b) State educational agency determination regarding continuing participation

Each State educational agency that receives funding under the provisions of law described in section 8293(c) of this title shall-

(1) after the third year that a local educational agency in the State participates in a program authorized under section 8293 or 8294 of this title and on the basis of the results of the assessments or tests described in subsection (a) of this section, determine whether the students served by the local educational agency participating in the program performed better on the assessments or tests after the third year of the participation than the students performed on the assessments or tests after the first year of the participation;

(2) permit only the local educational agencies that participated in the program and served students that performed better on the assessments or tests, as described in paragraph (1), to continue to participate in the program for an additional period of 3 years; and

(3) prohibit the local educational agencies that participated in the program and served students that did not perform better on the assessments or tests, as described in paragraph (1), from participating in the program, for a period of 3 years from the date of the determination.

(Pub. L. 89–10, title X, §10976, as added Pub. L. 106–554, §1(a)(1) [title IX, §901], Dec. 21, 2000, 114 Stat. 2763 , 2763A-91.)

Prior Provisions

A prior section 8295, Pub. L. 89–10, title X, §10975, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3857 , related to higher education grants, prior to the general amendment of this subpart by Pub. L. 106–554.