I 

112TH CONGRESS 

2D SESSION H. R. 5654 

To remove the testing provisions in the Elementary and Secondary Education 

Act of 1965. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 9, 2012 

Mr. BACA introduced the following bill; which was referred to the Committee 

on Education and the Workforce 

A BILL 

To remove the testing provisions in the Elementary and 

Secondary Education Act of 1965. 

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 ‘‘S.O.S. (Save Our 

5 Schools) Act of 2012’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) The culture of high-stakes testing created 

9 by the No Child Left Behind Act of 2001 has failed 


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1 our children, and has been especially harmful to 

2 America’s underserved communities. 

3 (2) The punitive sanctions that schools face 

4 when testing scores do not improve have created a 

5 culture of ‘‘teaching to the test’’ which leaves Amer6 ica students lacking in many of the skills necessary 

7 to find success in life. 

8 (3) The pressure for schools to achieve positive 

9 test results has directly resulted in thousands of 

10 cheating scandals on standardized tests in which 

11 teachers, administrators, and others have actively 

12 changed test results or encouraged students to cheat 

13 on tests. 

14 (4) An investigative series published in the 

15 USA Today in March of 2011 documented 1,610 

16 cases of standardized test-score manipulation in 6 

17 States and the District of Columbia, between 2009 

18 and 2010. 

19 (5) When America’s laws incentivize bad behav20 ior, it sends a clear signal that Congress must act 

21 to change misguided public policy. 

22 SEC. 3. AMENDMENTS TO THE ELEMENTARY AND SEC23 ONDARY EDUCATION ACT OF 1965. 

24 Except as otherwise expressly provided, whenever in 

25 this Act an amendment or repeal is expressed in terms 


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1 of an amendment to, or a repeal of, a provision, the 

2 amendment or repeal shall be considered to be made to 

3 a provision of the Elementary and Secondary Education 

4 Act of 1965 (20 U.S.C. 6301 et seq.). 

5 SEC. 4. ELIMINATION OF SCHOOL IMPROVEMENT PROVI6 SIONS. 

7 Section 1003 (20 U.S.C. 6303) is repealed. 

8 SEC. 5. ELIMINATION OF TESTING PROVISIONS FROM 

9 STATE PLANS. 

10 Section 1111(b) (20 U.S.C. 6311(b)) is amended— 

11 (1) in paragraph (1)— 

12 (A) by striking subparagraphs (A), (B), 

13 and (D)(i)(II); 

14 (B) in subparagraph (D)(i)— 

15 (i) by redesignating subclause (III) as 

16 subclause (II); and 

17 (ii) by inserting ‘‘and’’ at the end of 

18 subclause (I); 

19 (C) in subparagraph (E) by striking ‘‘sub20 paragraphs (A), (B), and (C)’’ and inserting 

21 ‘‘subparagraph (A)’’; and 

22 (D) by redesignating subparagraphs (C), 

23 (D), (E), and (F) as subparagraphs (A), (B), 

24 (C), and (D), respectively; 


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1 (2) by striking paragraphs (2), (3), (4), and 

2 (10); 

3 (3) in paragraph (8)— 

4 (A) in subparagraph (A) by striking ‘‘sec5 tions 1112(c)(1)(D), 1114(b), and 1115(c)’’ 

6 and inserting ‘‘sections 1114(b) and 1115(c)’’; 

7 and 

8 (B) in subparagraph (C) by striking ‘‘sec9 tions 1114(b)(1)(C) and 1115(c)(3)’’ and in10 serting ‘‘sections 1114(b)(1)(A) and 

11 1115(c)(1)(D)’’; 

12 (4) in paragraph (9) by striking ‘‘that are iden13 tified under section 1116 and’’; and 

14 (5) by redesignating paragraphs (5), (6), (7), 

15 (8), and (9) as paragraphs (2), (3), (4), (5), and 

16 (6), respectively. 

17 SEC. 6. ELIMINATION OF TESTING PROVISIONS FROM 

18 LOCAL EDUCATIONAL AGENCY PLANS. 

19 Section 1112 (20 U.S.C. 6312) is amended— 

20 (1) by amending subsection (b) to read as fol21 lows: 

22 ‘‘(b) PLAN PROVISIONS.—In order to help low-achiev23 ing children meet challenging achievement academic 

24 standards, each local educational agency plan shall in25 clude— 


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1 ‘‘(1) a description of high-quality student aca2 demic assessments, if any, that the local educational 

3 agency and schools served under this part will use 

4 to identify effectively students who may be at risk 

5 for reading failure or who are having difficulty read6 ing, through the use of screening, diagnostic, and 

7 classroom-based instructional reading assessments, 

8 as defined under section 1208; 

9 ‘‘(2) a description of the strategy the local edu10 cational agency will use to coordinate programs 

11 under this part with programs under title II to pro12 vide professional development for teachers and prin13 cipals, and, if appropriate, pupil services personnel, 

14 administrators, parents and other staff, including 

15 local educational agency level staff in accordance 

16 with sections 1118 and 1119; 

17 ‘‘(3) a description of how the local educational 

18 agency will coordinate and integrate services pro19 vided under this part with other educational services 

20 at the local educational agency or individual school 

21 level, such as— 

22 ‘‘(A) Even Start, Head Start, Reading 

23 First, Early Reading First, and other preschool 

24 programs, including plans for the transition of 


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1 participants in such programs to local elemen2 tary school programs; and 

3 ‘‘(B) services for children with limited 

4 English proficiency, children with disabilities, 

5 migratory children, neglected or delinquent 

6 youth, Indian children served under part A of 

7 title VII, homeless children, and immigrant 

8 children in order to increase program effective9 ness, eliminate duplication, and reduce frag10 mentation of the instructional program; 

11 ‘‘(4) a description of the poverty criteria that 

12 will be used to select school attendance areas under 

13 section 1113; 

14 ‘‘(5) a description of how teachers, in consulta15 tion with parents, administrators, and pupil services 

16 personnel, in targeted assistance schools under sec17 tion 1115, will identify the eligible children most in 

18 need of services under this part; 

19 ‘‘(6) a general description of the nature of the 

20 programs to be conducted by such agency’s schools 

21 under sections 1114 and 1115 and, where appro22 priate, educational services outside such schools for 

23 children living in local institutions for neglected or 

24 delinquent children, and for neglected and delin25 quent children in community day school programs; 


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1 ‘‘(7) a description of how the local educational 

2 agency will ensure that migratory children and for3 merly migratory children who are eligible to receive 

4 services under this part are selected to receive such 

5 services on the same basis as other children who are 

6 selected to receive services under this part; 

7 ‘‘(8) if appropriate, a description of how the 

8 local educational agency will use funds under this 

9 part to support preschool programs for children, 

10 particularly children participating in Early Reading 

11 First, or in a Head Start or Even Start program, 

12 which services may be provided directly by the local 

13 educational agency or through a subcontract with 

14 the local Head Start agency designated by the Sec15 retary of Health and Human Services under section 

16 641 of the Head Start Act, or an agency operating 

17 an Even Start program, an Early Reading First; 

18 ‘‘(9) a description of how the local educational 

19 agency will meet the requirements of section 1119; 

20 ‘‘(10) a description of the services the local edu21 cational agency will provide homeless children, in22 cluding services provided with funds reserved under 

23 section 1113(c)(3)(A); 


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1 ‘‘(11) a description of the strategy the local 

2 educational agency will use to implement effective 

3 parental involvement under section 1118; and 

4 ‘‘(12) where appropriate, a description of how 

5 the local educational agency will use funds under 

6 this part to support after school (including before 

7 school and summer school) and school-year extension 

8 programs.’’; 

9 (2) in subsection (c)(1)— 

10 (A) by striking subparagraphs (C), (D), 

11 (K), (M), (N), and (O); and 

12 (B) by redesignating subparagraphs (E), 

13 (F), (G), (H), (I), (J), and (L) as subpara14 graphs (C), (D), (E), (F), (G), (H), and (I), re15 spectively; 

16 (3) in subsection (e), by amending paragraph 

17 (2) to read as follows: 

18 ‘‘(2) APPROVAL.—The State educational agency 

19 shall approve a local educational agency’s plan only 

20 if the State educational agency determines that the 

21 local educational agency’s plan meets the require22 ments of this section.’’; and 

23 (4) in subsection (g)— 

24 (A) by striking paragraph (4); 


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1 (B) by redesignating paragraph (5) as 

2 paragraph (4); and 

3 (C) by amending paragraph (1) to read as 

4 follows: 

5 ‘‘(1) NOTICE.—Each local educational agency 

6 using funds under this part to provide a language 

7 instruction educational program as determined in 

8 part C of title III shall, not later than 30 days after 

9 the beginning of the school year, inform a parent or 

10 parents of a limited English proficient child identi11 fied for participation or participating in, such a pro12 gram of— 

13 ‘‘(A) the reasons for the identification of 

14 their child as limited English proficient and in 

15 need of placement in a language instruction 

16 educational program; 

17 ‘‘(B) the child’s level of English pro18 ficiency, how such level was assessed, and the 

19 status of the child’s academic achievement; 

20 ‘‘(C) the methods of instruction used in 

21 the program in which their child is, or will be 

22 participating, and the methods of instruction 

23 used in other available programs, including how 

24 such programs differ in content, instructional 


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1 goals, and the use of English and a native lan2 guage in instruction; 

3 ‘‘(D) how the program in which their child 

4 is, or will be participating, will meet the edu5 cational strengths and needs of their child; 

6 ‘‘(E) how such program will specifically 

7 help their child learn English, and meet age-ap8 propriate academic achievement standards for 

9 grade promotion and graduation; 

10 ‘‘(F) the specific exit requirements for the 

11 program, including the expected rate of transi12 tion from such program into classrooms that 

13 are not tailored for limited English proficient 

14 children, and the expected rate of graduation 

15 from secondary school for such program if 

16 funds under this part are used for children in 

17 secondary schools; 

18 ‘‘(G) in the case of a child with a dis19 ability, how such program meets the objectives 

20 of the individualized education program of the 

21 child; and 

22 ‘‘(H) information pertaining to parental 

23 rights that includes written guidance— 

24 ‘‘(i) detailing— 


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1 ‘‘(I) the right that parents have 

2 to have their child immediately re3 moved from such program upon their 

4 request; and 

5 ‘‘(II) the options that parents 

6 have to decline to enroll their child in 

7 such program or to choose another 

8 program or method of instruction, if 

9 available; and 

10 ‘‘(ii) assisting parents in selecting 

11 among various programs and methods of 

12 instruction, if more than one program or 

13 method is offered by the eligible entity.’’. 

14 SEC. 7. ELIMINATION OF TESTING PROVISIONS FROM 

15 SCHOOLWIDE PROGRAMS. 

16 Section 1114(b) (20 U.S.C. 6314(b)) is amended— 

17 (1) in paragraph (1)— 

18 (A) by striking subparagraphs (A), (B), 

19 (H), and (I); and 

20 (B) by redesignating subparagraphs (C), 

21 (D), (E), (F), (G), and (J) as subparagraphs 

22 (A), (B), (C), (D), (E), and (F), respectively; 

23 (2) in paragraph (2)(A)— 

24 (A) by striking ‘‘or other technical assist25 ance provider under section 1117’’; 


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1 (B) by striking clause (iv); 

2 (C) by inserting ‘‘and’’ at the end of clause 

3 (ii); and 

4 (D) in clause (iii) by striking ‘‘; and’’ and 

5 inserting a period; and 

6 (3) in paragraph (2)(B)(i)(I) by striking ‘‘, 

7 after considering the recommendation of the tech8 nical assistance providers under section 1117,’’. 

9 SEC. 8. ELIMINATION OF TESTING PROVISIONS FROM TAR10 GETED ASSISTANCE SCHOOLS. 

11 Section 1115(c) (20 U.S.C. 6315(c)) is amended to 

12 read as follows: 

13 ‘‘(c) COMPONENTS OF A TARGETED ASSISTANCE

14 SCHOOL PROGRAM.—To assist targeted assistance schools 

15 and local educational agencies to meet their responsibility 

16 to provide for all their students served under this part the 

17 opportunity to meet the State’s challenging student aca18 demic achievement standards in subjects as determined by 

19 the State, each targeted assistance program under this 

20 section shall— 

21 ‘‘(1) ensure that planning for students served 

22 under this part is incorporated into existing school 

23 planning; 

24 ‘‘(2) use effective methods and instructional 

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1 search that strengthens the core academic program 

2 of the school and that— 

3 ‘‘(A) give primary consideration to pro4 viding extended learning time, such as an ex5 tended school year, before- and after-school, 

6 and summer programs and opportunities; 

7 ‘‘(B) help provide an accelerated, high8 quality curriculum, including applied learning; 

9 and 

10 ‘‘(C) minimize removing children from the 

11 regular classroom during regular school hours 

12 for instruction provided under this part; 

13 ‘‘(3) coordinate with and support the regular 

14 education program, which may include services to 

15 assist preschool children in the transition from early 

16 childhood programs such as Head Start, Even Start, 

17 Early Reading First or State-run preschool pro18 grams to elementary school programs; 

19 ‘‘(4) provide instruction by highly qualified 

20 teachers; 

21 ‘‘(5) in accordance with subsection (e)(3) and 

22 section 1119, provide opportunities for professional 

23 development with resources provided under this part, 

24 and, to the extent practicable, from other sources, 

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1 cluding, if appropriate, pupil services personnel, par2 ents, and other staff, who work with participating 

3 children in programs under this section or in the 

4 regular education program; 

5 ‘‘(6) provide strategies to increase parental in6 volvement in accordance with section 1118, such as 

7 family literacy services; and 

8 ‘‘(7) coordinate and integrate Federal, State, 

9 and local services and programs, including programs 

10 supported under this Act, violence prevention pro11 grams, nutrition programs, housing programs, Head 

12 Start, adult education, vocational and technical edu13 cation, and job training.’’. 

14 SEC. 9. ELIMINATION OF ACADEMIC ASSESSMENT AND 

15 LOCAL EDUCATIONAL AGENCY AND SCHOOL 

16 IMPROVEMENT. 

17 Section 1116 (20 U.S.C. 6316) is repealed. 

18 SEC. 10. ELIMINATION OF SCHOOL SUPPORT AND REC19 OGNITION. 

20 Section 1117 (20 U.S.C. 6317) is repealed. 

21 SEC. 11. CONFORMING AMENDMENTS. 

22 (a) STATE PLANS.—Section 1111 (20 U.S.C. 6311) 

23 is amended— 

24 (1) in subsection (c)— 


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1 (A) in paragraph (3) by striking ‘‘the re2 sponsibilities of the State under sections 1116 

3 and 1117, including carrying out’’; 

4 (B) in paragraph (4) by striking ‘‘, tech5 nical assistance under section 1117,’’; and 

6 (C) in paragraph (6) by striking ‘‘, and 

7 will fulfill the State educational agency’s re8 sponsibilities regarding local educational agency 

9 improvement and school improvement under 

10 section 1116, including such corrective actions 

11 as are necessary;’’; and 

12 (2) in subsection (h)— 

13 (A) in paragraph (1)— 

14 (i) in subparagraph (C)— 

15 (I) by striking clauses (i), (ii), 

16 (iii), (iv), (vi), and (vii); and 

17 (II) by redesignating clauses (v) 

18 and (viii) as clauses (i) and (ii), re19 spectively; and 

20 (ii) in subparagraph (D)(vii) by strik21 ing ‘‘, consistent with subsection (b)(2),’’; 

22 (B) in paragraph (2)(B) by amending 

23 clause (i) to read as follows: 

24 ‘‘(i) in the case of a local educational 

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1 dents served by the local educational agen2 cy achieved on the statewide academic as3 sessment compared to students in the 

4 State as a whole; and’’; and 

5 (C) in paragraph (4)— 

6 (i) by striking subparagraphs (A), 

7 (B), (C), and (E); and 

8 (ii) by redesignating subparagraphs 

9 (D), (F), and (G) as subparagraphs (A), 

10 (B), and (C), respectively. 

11 (b) ELIGIBLE SCHOOL ATTENDANCE AREAS.—Sec12 tion 1113(c) (20 U.S.C. 6313(c)) is amended by striking 

13 paragraph (4). 

14 (c) PARENTAL INVOLVEMENT.—Section 

15 1118(a)(2)(A) (20 U.S.C. 1118(a)(2)(A)) is amended by 

16 striking ‘‘, and the process of school review and improve17 ment under section 1116’’. 

18 (d) QUALIFICATIONS FOR TEACHERS AND PARA19 PROFESSIONALS.—Section 1119(k) (20 U.S.C. 6319(k)) 

20 is amended by striking ‘‘, except that this paragraph shall 

21 not apply with respect to requirements under section 

22 1116(c)(3)’’. 

23 (e) FORMULA GRANTS TO STATE EDUCATIONAL

24 AGENCIES.—Section 1202 (20 U.S.C. 6362) is amend25 ed— 


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1 (1) in subsection (c)— 

2 (A) by amending paragraph (6) to read as 

3 follows: 

4 ‘‘(6) LIMITATION TO CERTAIN SCHOOLS.—In 

5 distributing subgrant funds under this subsection, 

6 an eligible local educational agency shall provide 

7 funds only to schools that both are among the 

8 schools served by that eligible local educational agen9 cy with the highest percentages or numbers of stu10 dents in kindergarten through grade 3 reading below 

11 grade level, based on the most currently available 

12 data and have the highest percentages or numbers 

13 of children counted under section 1124(c).’’. 

14 (B) in paragraph (7)(A)— 

15 (i) by striking clause (vi); and 

16 (ii) by redesignating clause (vii) as 

17 clause (vi); 

18 (2) in subsection (d)(5)(C)(ii)(IV) by striking ‘‘, 

19 significantly increased the percentages of students 

20 described in section 1111(b)(2)(C)(v)(II) who are 

21 reading at grade level or above,’’; and 

22 (3) in subsection (e)(1)(B) by striking ‘‘, sig23 nificantly increased the percentages of students de24 scribed in section 1111(b)(2)(C)(v)(II) who are read25 ing at grade level or above,’’. 


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1 (f) TARGETED ASSISTANCE GRANTS.—Section 

2 1204(a) (20 U.S.C. 6364(a)) is amended to read as fol3 lows: 

4 ‘‘(a) ELIGIBILITY CRITERIA FOR AWARDING TAR5 GETED ASSISTANCE GRANTS TO STATES.—Beginning 

6 with fiscal year 2004, from funds appropriated under sec7 tion 1202(b)(1)(E), the Secretary shall make grants, on 

8 a competitive basis, to those State educational agencies 

9 that, for each of 2 consecutive years, demonstrate that 

10 schools receiving funds under section 1202 are improving 

11 the reading skills of students in grades 1, 2, and 3 based 

12 on screening, diagnostic, and classroom-based instruc13 tional reading assessments.’’. 

14 (g) DEFINITIONS.—Section 1208(1)(B) (20 U.S.C. 

15 6368(1)(B)) is amended— 

16 (1) by striking clause (ii); 

17 (2) by inserting ‘‘or’’ at the end of clause (i); 

18 and 

19 (3) by redesignating clause (iii) as clause (ii). 

20 (h) COORDINATION OF MIGRANT EDUCATION ACTIVI21 TIES.—Section 1308(b)(2)(A)(ii) is amended by striking 

22 ‘‘, credit accrual, and results from State assessments re23 quired under section 1111(b)’’ and inserting ‘‘, and credit 

24 accrual’’. 


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1 (i) EVALUATIONS.—Section 1501 (20 U.S.C. 6491) 

2 is amended— 

3 (1) in subsection (a)(2)— 

4 (A) by striking subparagraphs (I) and (N); 

5 and 

6 (B) by redesignating subparagraphs (J), 

7 (K), (L), (M), and (O) as subparagraphs (I), 

8 (J), (K), (L), and (M), respectively; and 

9 (2) in subsection (c)(2)— 

10 (A) by striking subparagraph (E); and 

11 (B) by redesignating subparagraph (F) as 

12 subparagraph (E). 

13 (j) STATE USE OF FUNDS.—Section 1604(c) (20 

14 U.S.C. 6514(c)) is amended to read as follows: 

15 ‘‘(c) PRIORITY.—A State educational agency, in 

16 awarding subgrants under this part, shall give priority to 

17 local educational agencies or consortia that demonstrate 

18 a commitment to assist schools with budget allocation, 

19 professional development, and other strategies necessary 

20 to ensure the comprehensive school reforms are properly 

21 implemented and are sustained in the future.’’. 

22 (k) LOCAL APPLICATIONS AND NEEDS ASSESS23 MENT.—Section 2122(b)(3) (20 U.S.C. 6622(b)(3)) is 

24 amended— 

25 (1) by striking subparagraph (C); 


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1 (2) by inserting ‘‘or’’ at the end of subpara2 graph (A); and 

3 (3) in subparagraph (B), by striking ‘‘; or’’ and 

4 inserting a period. 

5 (l) DEFINITIONS.—Section 2131 (20 U.S.C. 6631) is 

6 amended to read as follows: 

7 ‘‘SEC. 2131. DEFINITION. 

8 ‘‘In this subpart, the term ‘eligible partnership’ 

9 means an entity that— 

10 ‘‘(1) shall include— 

11 ‘‘(A) a private or State institution of high12 er education and the division of the institution 

13 that prepares teachers and principals; 

14 ‘‘(B) a school of arts and sciences; and 

15 ‘‘(C) a high-need local educational agency; 

16 and 

17 ‘‘(2) may include another local educational 

18 agency, a public charter school, an elementary school 

19 or secondary school, an educational service agency, 

20 a nonprofit educational organization, another insti21 tution of higher education, a school of arts and 

22 sciences within such an institution, the division of 

23 such an institution that prepares teachers and prin24 cipals, a nonprofit cultural organization, an entity 

25 carrying out a prekindergarten program, a teacher 


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1 organization, a principal organization, or a busi2 ness.’’. 

3 (m) TECHNICAL ASSISTANCE AND ACCOUNT4 ABILITY.—Section 2141(c) (20 U.S.C. 6641(c)) is amend5 ed by striking ‘‘, and has failed to make adequate yearly 

6 progress as described under section 1111(b)(2)(B),’’. 

7 (n) DEFINITIONS.—Section 2403(3)(B) (20 U.S.C. 

8 6753(3)(B)) is amended to read as follows: 

9 ‘‘(B) has a substantial need for assistance 

10 in acquiring and using technology.’’. 

11 (o) LOCAL APPLICATIONS.—Section 2414(b)(3)(A) 

12 (20 U.S.C. 6764(b)(3)(A)) is amended by striking ‘‘, or 

13 schools identified under section 1116,’’. 

14 (p) PURPOSES.—Section 3102(8) (20 U.S.C. 

15 6812(8)) is amended to read as follows: 

16 ‘‘(8) to hold State educational agencies, local 

17 educational agencies, and schools accountable for in18 creases in English proficiency and core academic 

19 content knowledge of limited English proficient chil20 dren by requiring demonstrated improvements in the 

21 English proficiency of limited English proficient chil22 dren each fiscal year; and’’. 

23 (q) FORMULA GRANTS TO STATES.—Section 

24 3111(c)(4)(B)(ii)(II) (20 U.S.C. 6821(c)(4)(B)(ii)(II)) is 


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1 amended by striking ‘‘section 1111(b)(7)’’ and inserting 

2 ‘‘section 1111(b)(4)’’. 

3 (r) STATE AND SPECIALLY QUALIFIED AGENCY

4 PLANS.—Section 3113(b) (20 U.S.C. 6823(b)) is amend5 ed— 

6 (1) in paragraphs (3)(C) and (3)(D) by striking 

7 ‘‘section 1111(b)(7)’’ and inserting ‘‘section 

8 1111(b)(4)’’; and 

9 (2) in paragraph (5)— 

10 (A) by striking subparagraph (B); 

11 (B) by inserting ‘‘and’’ at the end of sub12 paragraph (A); and 

13 (C) by redesignating subparagraph (C) as 

14 subparagraph (B). 

15 (s) LOCAL PLANS.—Section 3116(b)(3) (20 U.S.C. 

16 6826(b)(3)) is amended— 

17 (1) by striking subparagraph (B); 

18 (2) by inserting ‘‘and’’ at the end of subpara19 graph (A); and 

20 (3) by redesignating subparagraph (C) as sub21 paragraph (B). 

22 (t) EVALUATIONS.—Section 3121 (20 U.S.C. 6841) 

23 is amended— 

24 (1) in subsection (c)(1)— 

25 (A) by striking subparagraph (D); and 


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1 (B) by inserting ‘‘and’’ at the end of sub2 paragraph (B); and 

3 (2) in subsection (d)— 

4 (A) by striking paragraph (2); 

5 (B) by inserting ‘‘and’’ at the end of para6 graph (1); and 

7 (C) by redesignating paragraph (3) as 

8 paragraph (2). 

9 (u) ACHIEVEMENT OBJECTIVES AND ACCOUNT10 ABILITY.—Section 3122(a)(3) (20 U.S.C. 6842(a)(3)) is 

11 amended to read as follows: 

12 ‘‘(3) CONTENTS.—Such annual measurable 

13 achievement objectives shall include— 

14 ‘‘(A) at a minimum, annual increases in 

15 the number or percentage of children making 

16 progress in learning English; and 

17 ‘‘(B) at a minimum, annual increases in 

18 the number or percentage of children attaining 

19 English proficiency by the end of each school 

20 year, as determined by a valid and reliable as21 sessment of English proficiency consistent with 

22 section 1111(b)(4).’’. 

23 (v) LOCAL COMPETITIVE GRANT PROGRAM.—Section 

24 4204(i)(1) (20 U.S.C. 7174(i)(1)) is amended to read as 

25 follows: 


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1 ‘‘(1) PRIORITY.—In awarding grants under this 

2 part, a State educational agency shall give priority 

3 to applications submitted jointly by eligible entities 

4 consisting of not less than 1— 

5 ‘‘(A) local educational agency receiving 

6 funds under part A of title I; and 

7 ‘‘(B) community-based organization or 

8 other public or private entity.’’. 

9 (w) LOCAL USES OF FUNDS.—Section 5131(a) (20 

10 U.S.C. 7215(a)) is amended— 

11 (1) by striking paragraphs (9) and (27); and 

12 (2) by redesignating paragraphs (10), (11), 

13 (12), (13), (14), (15), (16), (17), (18), (19), (20), 

14 (21), (22), (23), (24), (25) and (26) as paragraphs 

15 (9), (10), (11), (12), (13), (14), (15), (16), (17), 

16 (18), (19), (20), (21), (22), (23), (24), and (25), re17 spectively. 

18 (x) LOCAL APPLICATIONS.—Section 5133(b)(9) (20 

19 U.S.C. 7215b(b)(9)) is amended by striking ‘‘section 

20 5131(a)(23)’’ and inserting ‘‘section 5131(a)(22)’’. 

21 (y) EVALUATIONS.—Section 5246(b)(3) (20 U.S.C. 

22 7225e(b)(3)) is amended by striking ‘‘, particularly stu23 dents who move from schools identified under section 1116 

24 to schools not so identified,’’. 


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1 (z) GRANTS FOR STATE ASSESSMENTS AND RE2 LATED ACTIVITIES.—Section 6111(2)(B) (20 U.S.C. 

3 7301(2)(B)) is amended by striking ‘‘section 1111(b)(7)’’ 

4 and inserting ‘‘section 1111(b)(4)’’. 

5 (aa) GRANTS FOR ENHANCED ASSESSMENT INSTRU6 MENTS.—Section 6112(a)(1) (20 U.S.C. 7301a(a)(1)) is 

7 amended by striking ‘‘beyond the requirements for such 

8 assessments described in section 1111(b)(3)’’. 

9 (bb) FUNDING.—Section 6113(b)(1) (20 U.S.C. 

10 7301b(b)(1)) is amended by striking ‘‘that are equal to 

11 or less than the amount described in section 

12 1111(b)(3)(D)’’. 

13 (cc) TRANSFERABILITY OF FUNDS.—Section 

14 6123(b)(1) (20 U.S.C. 7305b(b)(1)) is amended— 

15 (1) in subparagraph (A), by striking ‘‘(except a 

16 local educational agency identified for improvement 

17 under section 1116(c) or subject to corrective action 

18 under section 1116(c)(9))’’; 

19 (2) by striking subparagraph (B); and 

20 (3) by redesignating subparagraph (C) as sub21 paragraph (B). 

22 (dd) STATE FLEXIBILITY.—Section 6141(c)(1)(A) 

23 (20 U.S.C. 7315(c)(1)(A)) is amended to read as follows: 

24 ‘‘(A) information demonstrating, to the 

25 satisfaction of the Secretary, that the grant of 


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1 authority offers substantial promise of aligning 

2 State and local reforms and assisting the local 

3 educational agencies that enter into perform4 ance agreements with the State educational 

5 agency under paragraph (2) in making such 

6 adequate yearly progress;’’. 

7 (ee) ACCOUNTABILITY FOR ADEQUATE YEARLY

8 PROGRESS.—Section 6161 (20 U.S.C. 7325) is amended 

9 to read as follows: 

10 ‘‘SEC. 6161. ACCOUNTABILITY FOR ADEQUATE YEARLY 

11 PROGRESS. 

12 ‘‘In the case of a State educational agency that has 

13 a plan approved under subpart 1 of part A of title I after 

14 the date of enactment of the No Child Left Behind Act 

15 of 2001, and has a plan approved under subpart 1 of part 

16 A of title III of such Act after such date of enactment, 

17 the Secretary shall annually, starting with the beginning 

18 of the first school year following the first two school years 

19 for which such plans were implemented, review whether 

20 the State has met its annual measurable achievement ob21 jectives under section 3122(a).’’. 

22 (ff) PEER REVIEW.—Section 6162 (20 U.S.C. 

23 7325a) is amended by striking ‘‘on data from the State 

24 assessments administered under section 1111(b)(3) and’’. 


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1 (gg) TECHNICAL ASSISTANCE.—Section 6163 (20 

2 U.S.C. 7325b) is amended to read as follows: 

3 ‘‘(a) PROVISION OF ASSISTANCE.—Based on the re4 views described in section 6161, the Secretary may provide 

5 technical assistance to a State that has failed to meet its 

6 annual measurable achievement objectives under section 

7 3122(a) for 2 consecutive years. The Secretary shall pro8 vide such assistance not later than the beginning of the 

9 first school year that begins after such determination is 

10 made. 

11 ‘‘(b) CHARACTERISTICS.—The technical assistance 

12 described in subsection (a) shall be valid, reliable and rig13 orous and meet the annual measurable achievement objec14 tives under section 3122(a).’’. 

15 (hh) REPORT TO CONGRESS.—Section 6164 (20 

16 U.S.C. 7325c) is amended— 

17 (1) by striking paragraph (1); 

18 (2) in paragraph (2), by striking ‘‘section 

19 6161(2)’’ and inserting ‘‘section 6161’’; and 

20 (3) by redesignating paragraphs (2), (3), and 

21 (4) as paragraphs (1), (2), and (3), respectively. 

22 (ii) ACCOUNTABILITY.—Section 6213 (20 U.S.C. 

23 7345b) is repealed. 

24 (jj) ACCOUNTABILITY.—Section 6224 (20 U.S.C. 

25 7351c) is amended by striking subsections (d) and (e). 


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1 (kk) DEFINITIONS.—Section 9101(25)(D) (20 

2 U.S.C. 7801(25)(D)) is amended— 

3 (1) by striking clause (i); and 

4 (2) by redesignating clauses (ii) and (iii) as 

5 clauses (i) and (ii), respectively. 

6 (ll) CIVIL RIGHTS.—Section 9534(b) (20 U.S.C. 

7 7914(b)) is amended by striking ‘‘section 1116 of title I 

8 and part B of title V, at the commencement of the entity’s 

9 participation in a grant under section 1116 of title I or’’ 

10 and inserting ‘‘part B of title V, at the commencement 

11 of the entity’s participation in a grant under’’. 

12 SEC. 12. TABLE OF CONTENTS AMENDMENTS. 

13 The item relating to sections 1003, 1116, 1117, and 

14 6213 in the table of contents are repealed. 

15 SEC. 13. EFFECTIVE DATE. 

16 This Act, and the amendments made by this Act, 

17 shall take effect August 1, 2013. 

Æ 


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