After the second year of the plan described in section 6319(a)(2) of this title, if a State educational agency determines, based on the reports described in section 6319(b)(1) of this title, that a local educational agency in the State has failed to make progress toward meeting the annual measurable objectives described in section 6319(a)(2) of this title, for 2 consecutive years, such local educational agency shall develop an improvement plan that will enable the agency to meet such annual measurable objectives and that specifically addresses issues that prevented the agency from meeting such annual measurable objectives.
During the development of the improvement plan described in subsection (a) of this section and throughout implementation of the plan, the State educational agency shall—
(1) provide technical assistance to the local educational agency; and
(2) provide technical assistance, if applicable, to schools served by the local educational agency that need assistance to enable the local educational agency to meet the annual measurable objectives described in section 6319(a)(2) of this title.
After the third year of the plan described in section 6319(a)(2) of this title, if the State educational agency determines, based on the reports described in section 6319(b)(1) of this title, that the local educational agency has failed to make progress toward meeting the annual measurable objectives described in section 6319(a)(2) of this title, and has failed to make adequate yearly progress as described under section 6311(b)(2)(B) of this title, for 3 consecutive years, the State educational agency shall enter into an agreement with such local educational agency on the use of that agency's funds under this part. As part of this agreement, the State educational agency—
(1) shall develop, in conjunction with the local educational agency, teachers, and principals, professional development strategies and activities, based on scientifically based research, that the local educational agency will use to meet the annual measurable objectives described in section 6319(a)(2) of this title and require such agency to utilize such strategies and activities; and
(2)(A) except as provided in subparagraphs (B) and (C), shall prohibit the use of funds received under part A of subchapter I of this chapter to fund any paraprofessional hired after the date such determination is made;
(B) shall allow the use of such funds to fund a paraprofessional hired after that date if the local educational agency can demonstrate that the hiring is to fill a vacancy created by the departure of another paraprofessional funded under subchapter I of this chapter and such new paraprofessional satisfies the requirements of section 6319(c) of this title; and
(C) may allow the use of such funds to fund a paraprofessional hired after that date if the local educational agency can demonstrate—
(i) that a significant influx of population has substantially increased student enrollment; or
(ii) that there is an increased need for translators or assistance with parental involvement activities.
During the development of the strategies and activities described in subsection (c)(1) of this section, the State educational agency shall, in conjunction with the local educational agency, provide from funds allocated to such local educational agency under subpart 2 of this part directly to one or more schools served by such local educational agency, to enable teachers at the schools to choose, with continuing consultation with the principal involved, professional development activities that—
(1) meet the requirements for professional development activities described in section 7801 of this title; and
(2) are coordinated with other reform efforts at the schools.
(Pub. L. 89–10, title II, §2141, as added Pub. L. 107–110, title II, §201, Jan. 8, 2002, 115 Stat. 1634.)
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Last modified: October 26, 2015