CFR > Title 25 - Indians > CHAPTER I—BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR > SUBCHAPTER E—EDUCATION (parts 30 to 47) > PART 30—ADEQUATE YEARLY PROGRESS > SUBPART A—Defining Adequate Yearly Progress (§30.102 to §30.113) > 30.102—Does the Act require the Secretary of the Interior to develop a definition of AYP for Bureau-funded schools?

30.102—Does the Act require the Secretary of the Interior to develop a definition of AYP for Bureau-funded schools?

Yes, the Act requires the Secretary to develop a definition of AYP through negotiated rulemaking. In developing the Secretary's definition of AYP, the No Child Left Behind Negotiated Rulemaking Committee (Committee) considered a variety of options. In choosing the definition in § 30.104, the Committee in no way intended to diminish the Secretary's trust responsibility for Indian education or any statutory rights in law. Nothing in this part:
(a) Affects in any way the sovereign rights of tribes; or
(b) Terminates or changes the trust responsibility of the United States to Indian tribes or individual Indians.