^ 43^% +( PUBLIC LAW 107-110-^AN. 8, 2002 115 STAT. 1479 part meet the challenging State student academic achievement standards established under section 1111(b)(1); and "(D) review the effectiveness of the actions and activities the schools are carrying out under this part with respect to parental involvement, professional development, and other activities assisted under this part. "(2) AVAILABLE RESULTS.— The State educational agency shall ensure that the results of State academic assessments administered in that school year are available to the local educational agency before the beginning of the next school year. "(b) SCHOOL IMPROVEMENT.— "(1) GENERAL REQUIREMENTS.— "(A) IDENTIFICATION.—Subject to subparagraph (C), a local educational agency shall identify for school improvement any elementary school or secondary school served under this part that fails, for 2 consecutive years, to make adequate yearly progress as defined in the State's plan under section 1111(b)(2). "(B) DEADLINE.— The identification described in subparagraph (A) shall take place before the beginning of the school year following such failure to make adequate yearly progress. "(C) APPLICATION.— Subparagraph (A) shall not apply to a school if almost every student in each group specified in section llll(b)(2)(C)(v) enrolled in such school is meeting or exceeding the State's proficient level of academic achievement. "(D) TARGETED ASSISTANCE SCHOOLS.—To determine if an elementary school or a secondary school that is conducting a targeted assistance program under section 1115 should be identified for school improvement, corrective action, or restructuring under this section, a local educational agency may choose to review the progress of only the students in the school who are served, or are eligible for services, under this part. "(E) PUBLIC SCHOOL CHOICE.— "(i) IN GENERAL.—In the case of a school identified for school improvement under this paragraph, the local educational agency shall, not later than the first day of the school year following such identification, provide all students enrolled in the school with the option to transfer to another public school served by the local educational agency, which may include a public charter school, that has not been identified for school improvement under this paragraph, unless such an option is prohibited by State law. "(ii) RULE. —In providing students the option to transfer to another public school, the local educational agency shall give priority to the lowest achieving children from low-income families, as determined by the local educational agency for purposes of allocating funds to schools under section 1113(c)(1). "(F) TRANSFER. —Students who use the option to transfer under subparagraph (E) and paragraph (5)(A), (7)(C)(i), or (8)(A)(i) or subsection (c)(10)(C)(vii) shall be enrolled in classes and other activities in the public school
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