An alternative definition of AYP must meet the requirements of 20 U.S.C. 6311(b)(2) of the Act and 34 CFR 200.13-200.20, taking into account the unique circumstances and needs of the school or schools and the students served.

In accordance with 20 U.S.C. 6311(b) of the Act and 34 CFR 200.13-200.20, an alternative definition of AYP must:

Apply the same high standards of academic achievement to all students;

Be statistically valid and reliable;

Result in continuous and substantial academic improvement for all students;

Measure the progress of all students based on a high-quality assessment system that includes, at a minimum, academic assessments in mathematics and reading or language arts;

Measure progress separately for reading or language arts and for mathematics;

Unless disaggregation of data cannot yield statistically reliable information or reveals personally identifiable information, apply the same annual measurable objectives to each of the following:

The achievement of all students; and

The achievement of economically disadvantaged students, students from major racial or ethnic groups, students with disabilities, and students with limited English proficiency;

Establish a starting point;

Create a timeline to ensure that all students are proficient by the 2013-2014 school year;

Establish annual measurable objectives;

Establish intermediate goals;

Include at least one other academic indicator which, for any school with a 12th grade, must be graduation rate; and

Ensure that at least 95 percent of the students enrolled in each group under § 30.107(b)(6) are assessed.

If a Bureau-funded school's alternative definition of AYP does not use a State's academic content and student achievement standards and academic assessments, the school must include with its alternative definition the academic standards and assessment it proposes to use. These standards and assessments must meet the requirements in 20 U.S.C. 6311(b) and 34 CFR 200.1-200.9.