II 

110TH CONGRESS 

1ST SESSION S. 951 

To provide a waiver from sanctions under the Elementary and Secondary 

Education Act of 1965 for certain States, local educational agencies, 

and schools. 

IN THE SENATE OF THE UNITED STATES 

MARCH 21, 2007 

Mr. WARNER (for himself and Mr. WEBB) introduced the following bill; which 

was read twice and referred to the Committee on Health, Education, 

Labor, and Pensions 

A BILL 

To provide a waiver from sanctions under the Elementary 

and Secondary Education Act of 1965 for certain States, 

local educational agencies, and schools. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. WAIVER. 

4 A State, local educational agency, or school shall be 

5 held harmless and not subject to the penalties provision 

6 under section 1111(g) of the Elementary and Secondary 

7 Education Act of 1965 (20 U.S.C. 6311(g)), the require8 ments of school or local educational agency improvement, 

9 corrective action, restructuring, or other sanctions or penVerDate Aug 31 2005 23:19 Mar 23, 2007 Jkt 059196 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S951.IS S951

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•S 951 IS

1 alties under section 1116 of the Elementary and Sec2 ondary Education Act of 1965 (20 U.S.C. 6313), or any 

3 other sanctions or penalties relating to academic assess4 ments under the Elementary and Secondary Education 

5 Act of 1965 (20 U.S.C. 6301 et seq.) for the 2006–2007 

6 school year if the following criteria are met: 

7 (1) The State (in the case of a local educational 

8 agency or school, the State within which such local 

9 educational agency or school exists) had 1 or more 

10 approved academic assessment plans for the 2005– 

11 2006 school year. 

12 (2) The State (in the case of a local educational 

13 agency or school, the State within which such local 

14 educational agency or school exists) had 1 or more 

15 of such plans subsequently held invalid by the De16 partment of Education for the 2006–2007 school 

17 year. 

18 (3) The Governor of the State (in the case of 

19 a local educational agency or school, the State within 

20 which such local educational agency or school exists) 

21 certifies, in writing, to the Secretary of Education 

22 that— 

23 (A) the State cannot effectively train its 

24 educators on a new or alternative assessment or 

25 assessments in place of the assessment or asVerDate Aug 31 2005 23:19 Mar 23, 2007 Jkt 059196 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S951.IS S951

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1 sessments for which the plan or plans were held 

2 invalid by the Department of Education, prior 

3 to the date the assessment or assessments are 

4 to be administered; and 

5 (B) the administration of any new or alter6 native assessment or assessments, in place of 

7 the assessment or assessments for which the 

8 plan or plans were held invalid by the Depart9 ment of Education, in the 2006–2007 school 

10 year is not in the best interest of the public 

11 school system and the children such system 

12 serves. 

13 (4) The Governor of the State (in the case of 

14 a local educational agency or school, the State within 

15 which such local educational agency or school exists) 

16 certifies, in writing, to the Secretary of Education 

17 that the local educational agency or school failed to 

18 make adequate yearly progress (as described in sec19 tion 1111(b)(2) of the Elementary and Secondary 

20 Education Act of 1965 (20 U.S.C. 6311(b)(2))) 

21 based on academic assessments administered in the 

22 2006–2007 school year or the State would be subject 

23 to the penalties provision under section 1111(g) of 

24 the Elementary and Secondary Education Act of 

25 1965 (20 U.S.C. 6311(g)) or any other sanctions or 


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1 penalties relating to academic assessments under the 

2 Elementary and Secondary Education Act of 1965 

3 (20 U.S.C. 6301 et seq.) for the 2006–2007 school 

4 year solely because the State, local educational agen5 cy, or school meets each of the criteria described in 

6 paragraphs (1) through (3). 

Æ 


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