II 

118TH CONGRESS 

1ST SESSION S. 3152 

To amend the Elementary and Secondary Education Act of 1965 to require 

that annual State report cards reflect the same race groups as the 

decennial census of population. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 26, 2023 

Ms. HIRONO (for herself, Mr. MARKEY, Mrs. GILLIBRAND, Mr. BOOKER, and 

Ms. WARREN) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To amend the Elementary and Secondary Education Act 

of 1965 to require that annual State report cards reflect 

the same race groups as the decennial census of population. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘All Students Count 

5 Act of 2023’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) Asian Americans, as well as Native Hawai2 ians and Pacific Islanders, are an incredibly diverse 

3 population. Due to this diversity, the United States 

4 Office of Management and Budget’s Statistical Pol5 icy Directive No. 15 of 1997, entitled ‘‘Race and 

6 Ethnic Standards for Federal Statistics and Admin7 istrative Reporting’’, separated the Asian and Pa8 cific Islander category into two distinct and separate 

9 categories, now called ‘‘Asians’’ and ‘‘Native Hawai10 ians and Other Pacific Islanders’’, and these two 

11 distinct categories were used in the 2000 United 

12 States Census. As of 2022, the United States Cen13 sus Bureau reports data for at least 27 different 

14 ethnicities within these two categories. 

15 (2) While Asian Americans, as well as Native 

16 Hawaiians and Pacific Islanders, are often misrepre17 sented as a homogeneous group, their diversity rep18 resents ethnicities from over 30 different countries. 

19 They also experience diverse social and educational 

20 differences that are unique to their respective com21 munities. 

22 (3) For example, there are now over 3,000,000 

23 Southeast Asian Americans in the United States, in24 cluding 1,100,000 refugees from Cambodia, Laos, 

25 and Vietnam, who escaped war, persecution, and 


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1 genocide. Southeast Asian Americans’ experiences 

2 with violence and the stressors associated with relo3 cation have negatively affected their educational out4 comes. According to data from the Bureau of the 

5 Census, around a quarter of Southeast Asian Amer6 ican adults aged 25 and older do not have a high 

7 school diploma, compared to 12 percent of the total 

8 population. An additional 42 percent of Cambodian, 

9 44 percent of Hmong, 48 percent of Lao, and 37 

10 percent of Vietnamese American high school grad11 uates have not continued on to earn their bachelor’s 

12 degree, compared to 29 percent of all Asian Ameri13 cans. 

14 (4) The history of Native Hawaiians and Pa15 cific Islanders include forced migration and complex 

16 political relationships with the United States. As a 

17 result, this history has influenced Native Hawaiian 

18 and Pacific Islander students’ long-term educational 

19 opportunities. For example, the high school gradua20 tion rates for Native Hawaiian and Pacific Islanders 

21 average 84 percent, yet less than 15 percent have at22 tained a four-year bachelor’s degree. The proportion 

23 of Native Hawaiian and Pacific Islander adults who 

24 have not enrolled in any postsecondary education is 

25 particularly high, including 58 percent of Samoans, 


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1 57 percent of Tongans, 53 percent of Native Hawai2 ians, and 49 percent of Guamanians or Chamorros. 

3 (5) The Elementary and Secondary Education 

4 Act of 1965 requires that States report certain edu5 cational data disaggregated only by major racial and 

6 ethnic groups. However, detailed ethnic groups, 

7 which have long been reported by the Bureau of the 

8 Census and requested by diverse Asian American 

9 and Native Hawaiian and Pacific Islander commu10 nities to be included in education data, are not in11 cluded in data collection and reporting requirements. 

12 As of 2023, data requirements do not reflect the 

13 changing demographics, varied experiences, and 

14 needs of public school students. 

15 (6) Given the diversity in backgrounds and edu16 cational experiences, disaggregating data for detailed 

17 Asian American and Native Hawaiian and Pacific 

18 Islander ethnic groups and making the data publicly 

19 available and accessible are critical to identifying 

20 and supporting the educational needs of these di21 verse communities. 

22 SEC. 3. DISAGGREGATION OF INFORMATION ON STUDENT 

23 PERFORMANCE. 

24 (a) FURTHER DISAGGREGATION OF ASIAN AMER25 ICAN, NATIVE HAWAIIAN, AND PACIFIC ISLANDER STUVerDate Sep 11 2014 17:38 Oct 28, 2023 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3152.IS S3152

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1 DENT DATA.—Section 1111(b)(2)(B)(xi) of the Elemen2 tary and Secondary Education Act of 1965 (20 U.S.C. 

3 6311(b)(2)(B)(xi)) is amended by striking ‘‘ethnic group;’’ 

4 and inserting ‘‘ethnic group, including— 

5 ‘‘(aa) under the category of 

6 ‘Asian American’, Chinese, Asian 

7 Indian, Filipino, Japanese, Ko8 rean, Vietnamese, Pakistani, 

9 Cambodian, Hmong, Laotian, 

10 Thai, Taiwanese, Burmese, 

11 Bangladeshi, and Nepalese sub12 groups, and, to the greatest ex13 tent practicable, additional sub14 groups such as the lu Mien and 

15 Montagnards; and 

16 ‘‘(bb) under the category of 

17 ‘Native Hawaiian and Pacific Is18 lander’, Native Hawaiian, Sa19 moan, Chamorro, Tongan, 

20 iTaukei, and Marshallese, and, to 

21 the greatest extent practicable, 

22 additional subgroups such as the 

23 Chuukese and Palauan.’’. 

24 (b) FURTHER DEFINING SUBGROUPS UNDER STATE25 WIDE ACCOUNTABILITY SYSTEM.—Section 1111(c)(2)(B) 


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1 of that Act (20 U.S.C. 6311(c)(2)(B)) is amended by in2 serting ‘‘(as described in subsection (b)(2)(B)(xi))’’ after 

3 ‘‘ethnic group’’. 

4 SEC. 4. GUIDANCE ON COLLECTING AND REPORTING ETH5 NIC DATA. 

6 The Secretary of Education, in consultation with the 

7 Director of the Institute of Education Sciences, shall de8 velop guidance related to whether and when the reporting 

9 requirements described under section 1111(b)(2)(B)(xi) of 

10 the Elementary and Secondary Education Act of 1965 (20 

11 U.S.C. 6311(b)(2)(B)(xi)) will yield statistically reliable 

12 information. Such guidance shall help to inform the min13 imum number of students that will maximize data report14 ing for each major racial and ethnic group. 

Æ 


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