25 C.F.R. Subpart B—Assessing Adequate Yearly Progress
Title 25 - Indians
All students in grades three through eight and at least once in grades ten through twelve who are enrolled in a Bureau-funded school must be assessed. The performance data of all students assessed pursuant to §30.114 must be included for purposes of AYP if the student is enrolled in a Bureau-funded school for a full academic year as defined by the Secretary or by an approved alternative definition of AYP. A school makes AYP if each group of students identified in §30.107(b)(6) meets or exceeds the annual measurable objectives and participation rate identified in §§30.107(b)(9) and 30.107(b)(12) respectively, and the school meets the other academic indicators identified in §30.107(b)(11). If a school fails to achieve its annual measurable objectives for any group identified in §30.107(b)(6), there are two other methods it may use to determine whether it made AYP: (a) Method A—“Safe Harbor.” Under “safe harbor,” the following requirements must be met for each group referenced under §30.107(b)(6) that does not achieve the school's annual measurable objectives: (1) In each group that does not achieve the school's annual measurable objectives, the percentage of students who were below the “proficient” level of academic achievement decreased by at least 10 percent from the preceding school year; and (2) The students in that group made progress on one or more of the other academic indicators; and (3) Not less than 95 percent of the students in that group participated in the assessment. (b) Method B—Uniform Averaging Procedure. A school may use uniform averaging. Under this procedure, the school may average data from the school year with data from one or two school years immediately preceding that school year and determine if the resulting average makes AYP.
Title 25: Indians
PART 30—ADEQUATE YEARLY PROGRESS
Subpart B—Assessing Adequate Yearly Progress
§ 30.114 Which students must be assessed?
§ 30.115 Which students' performance data must be included for purposes of AYP?
§ 30.116 If a school fails to achieve its annual measurable objectives, what other methods may it use to determine whether it made AYP?

