II 

110TH CONGRESS 

2D SESSION S. 3627 

To improve the calculation of, the reporting of, and the accountability for, 

secondary school graduation rates. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 26 (legislative day, SEPTEMBER 17), 2008 

Mr. HARKIN introduced the following bill; which was read twice and referred 

to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To improve the calculation of, the reporting of, and the 

accountability for, secondary school graduation rates. 

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 ‘‘Every Student Counts 

5 Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

8 (1) To retain the competitive edge of the 

9 United States in the world economy, it is essential 

10 that America’s youth be prepared for the jobs of 


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1 today and for the jobs of the future. Such jobs in2 creasingly require a postsecondary education, and al3 most 90 percent of the fastest growing and best pay4 ing jobs require some postsecondary education ac5 cording to a 2008 Department of Labor report. 

6 (2) Individuals without a secondary school di7 ploma experience higher rates of unemployment, in8 carceration, living in poverty, and receiving public 

9 assistance than individuals with at least a secondary 

10 school diploma. 

11 (3) Approximately one-third of all secondary 

12 school students in the United States fail to graduate 

13 with their peers, which is about 1,230,000 secondary 

14 school students every year. According to the Depart15 ment of Education, the United States secondary 

16 school graduation rate is the lowest the rate has 

17 been since 2002. 

18 (4) The graduation rates for historically dis19 advantaged minority groups are far lower than that 

20 of their white peers. Little more than half of all Af21 rican-American and Hispanic students will finish 

22 secondary school on time with a regular secondary 

23 school diploma compared to over three-quarters of 

24 white students. 


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1 (5) Nearly 2,000 secondary schools (about 12 

2 percent of all secondary schools in the United 

3 States) produce about half of the Nation’s secondary 

4 school dropouts. In these schools, the number of sen5 iors is routinely 60 percent or less than the number 

6 of freshmen 3 years earlier. While almost half of the 

7 Nation’s African-American students and nearly 40 

8 percent of Latino students attend these dropout fac9 tories, only 11 percent of white students do. 

10 (6) The graduation rate calculations used by 

11 most States for reporting and accountability are in12 consistent and misleading. Not only does this ob13 scure the graduation rate crisis, particularly for poor 

14 and minority students, but it also makes it impos15 sible to compare graduation rates across schools, 

16 school districts, and States. 

17 (7) The average gap between State-reported 

18 and independently reported graduation rates is ap19 proximately 12 percent. 

20 (8) In 2005, all 50 of the Nation’s Governors 

21 signed the National Governors Association’s Gradua22 tion Rate Compact, pledging to use a common, accu23 rate graduation rate. However, since only a few 

24 States use the Compact rate for Federal account25 ability purposes in 2008, it is necessary to 


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1 operationalize common calculations and account2 ability for secondary school graduation rates. 

3 (9) In 2008, the Secretary of Education re4 leased proposed regulations that also require States 

5 to report a unified graduation rate calculation. That 

6 both States and the Federal Government have taken 

7 action on this issue shows that there is a growing 

8 consensus that a common graduation rate calcula9 tion is necessary as part of a meaningful Federal ac10 countability system. 

11 (10) The most accurate graduation rate calcula12 tions are reliant on high-quality longitudinal data 

13 systems that track individual student data from the 

14 time a student enters the kindergarten through 

15 grade 12 educational system until the student leaves 

16 the kindergarten through grade 12 educational sys17 tem. In 2008, 36 States have the 4 elements of a 

18 statewide longitudinal data system that are nec19 essary to calculate the National Governor’s Associa20 tion Compact rate at the school level. 

21 (11) Forty-nine States should have secondary 

22 school data that will allow the States to use the Na23 tional Governor’s Association Compact rate formula 

24 not later than school year 2011–2012. 


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1 (12) An accountability system with meaningful 

2 graduation rate goals— 

3 (A) holds schools, school districts, and 

4 States responsible for both student achievement 

5 and outcomes; and 

6 (B) ensures that low-performing students 

7 are not unnecessarily held back or pushed out 

8 (encouraged to leave school without a diploma). 

9 (13) As implemented, the amendments to the 

10 Elementary and Secondary Education Act of 1965 

11 (20 U.S.C. 6301 et seq.) made by the No Child Left 

12 Behind Act of 2001 (Public Law 107–110) do not 

13 require consistent calculations, meaningful goals, or 

14 disaggregation of graduation rates. This means that 

15 most secondary schools can make adequate yearly 

16 progress despite a consistent, or even a growing, 

17 graduation gap or by making as little as 0.1 percent 

18 improvement or less in graduation rates each year. 

19 SEC. 3. PURPOSES. 

20 The purposes of this Act are— 

21 (1) to require consistent calculations and re22 porting of secondary school graduation rates across 

23 schools, school districts, and States; 


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1 (2) to provide educators with critical informa2 tion about students’ progress toward secondary 

3 school graduation; and 

4 (3) to ensure meaningful accountability for the 

5 improvement of secondary school graduation rates 

6 for all students, particularly those rates for poor and 

7 minority students. 

8 SEC. 4. SECONDARY SCHOOL GRADUATION RATES. 

9 Subpart 1 of part A of title I of the Elementary and 

10 Secondary Education Act of 1965 (20 U.S.C. 6311 et 

11 seq.) is amended by inserting after section 1111 (20 

12 U.S.C. 6311) the following: 

13 ‘‘SEC. 1111A. SECONDARY SCHOOL GRADUATION RATES. 

14 ‘‘(a) DEFINITIONS.—In this section: 

15 ‘‘(1) ADJUSTED COHORT; TRANSFERRED IN; 

16 TRANSFERRED OUT.— 

17 ‘‘(A) IN GENERAL.—Subject to subpara18 graphs (C)(ii) through (F), the term ‘adjusted 

19 cohort’ means the difference of— 

20 ‘‘(i) the sum of— 

21 ‘‘(I) students who enter grade 9 

22 together; plus 

23 ‘‘(II) any students that trans24 ferred in to the cohort in any of 

25 grades 9 through 12; minus 


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1 ‘‘(ii) any students removed from the 

2 cohort. 

3 ‘‘(B) TRANSFERRED IN.—The term ‘trans4 ferred in’ when used with respect to a sec5 ondary school student, means a student who en6 rolls after the beginning of the entering cohort’s 

7 first year in secondary school, up to and includ8 ing enrolling in grade 12. 

9 ‘‘(C) TRANSFERRED OUT.— 

10 ‘‘(i) IN GENERAL.—The term ‘trans11 ferred out’ when used with respect to a 

12 secondary school student, means a student 

13 who the secondary school or local edu14 cational agency confirms has transferred to 

15 another school or another educational pro16 gram for which the student is expected to 

17 receive a regular secondary school diploma. 

18 ‘‘(ii) CONFIRMATION REQUIRE19 MENTS.— 

20 ‘‘(I) DOCUMENTATION RE21 QUIRED.—The confirmation of a stu22 dent’s transfer to another school or 

23 educational program described in 

24 clause (i) requires documentation 

25 from the receiving school or program 


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1 that the student enrolled in the receiv2 ing school or program. 

3 ‘‘(II) LACK OF CONFIRMATION.— 

4 A student who was enrolled, but for 

5 whom there is no confirmation of 

6 transfer or completion, shall not be 

7 considered a transfer or an error, but 

8 shall remain in the cohort as a non9 graduate for reporting and account10 ability purposes under this section. 

11 ‘‘(iii) PROGRAMS NOT PROVIDING

12 CREDIT.—A student enrolled in a GED or 

13 other alternative educational program that 

14 does not issue or provide credit toward the 

15 issuance of a regular secondary school di16 ploma shall not be considered transferred 

17 out. 

18 ‘‘(D) COHORT REMOVAL.—To remove a 

19 student from a cohort, a school or local edu20 cational agency shall confirm that the student 

21 has transferred out or is deceased. 

22 ‘‘(E) TREATMENT OF OTHER LEAVERS

23 AND WITHDRAWALS.—A student who was re24 tained in a grade, enrolled in a GED program, 

25 aged-out of a secondary school or secondary 


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1 school program, or left secondary school for any 

2 other reason, shall not be considered trans3 ferred out, and shall remain in the adjusted co4 hort. 

5 ‘‘(F) SPECIAL RULE.—For those secondary 

6 schools that start after grade 9, the cohort shall 

7 be calculated based on the earliest secondary 

8 school grade at the secondary school. 

9 ‘‘(2) ALTERNATIVE EDUCATIONAL SETTING.— 

10 The term ‘alternative educational setting’ means— 

11 ‘‘(A) a secondary school or secondary 

12 school educational program that— 

13 ‘‘(i) is designed for students who are 

14 under-credited students or have dropped 

15 out of secondary school; and 

16 ‘‘(ii) awards a regular secondary 

17 school diploma; or 

18 ‘‘(B) a secondary school or secondary 

19 school educational program designed to issue a 

20 regular secondary school diploma concurrently 

21 with a postsecondary degree or not more than 

22 2 years of college credit. 

23 ‘‘(3) CUMULATIVE GRADUATION RATE.—The 

24 term ‘cumulative graduation rate’ means, for each 


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1 school year, the percent obtained by calculating the 

2 product of— 

3 ‘‘(A) the result of— 

4 ‘‘(i) the sum of— 

5 ‘‘(I) the number of secondary 

6 school students who graduate with a 

7 regular secondary school diploma in 4 

8 years or less; plus 

9 ‘‘(II) the number of additional 

10 secondary school students who grad11 uate with a regular secondary school 

12 diploma in more than 4 years with a 

13 regular secondary school diploma 

14 (which shall not include a GED or 

15 other certificate of completion or al16 ternative to a diploma except as pro17 vided in paragraph (6)(B)); divided by 

18 ‘‘(ii) the sum of— 

19 ‘‘(I) the number of secondary 

20 school students who formed the ad21 justed cohort for that graduating class 

22 4 years earlier; plus 

23 ‘‘(II) the number of additional 

24 graduates; multiplied by 

25 ‘‘(B) 100. 


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1 ‘‘(4) 4-YEAR ADJUSTED COHORT GRADUATION

2 RATE.—The term ‘4-year adjusted cohort graduation 

3 rate’ means the percent obtained by calculating the 

4 product of— 

5 ‘‘(A) the result of— 

6 ‘‘(i) the number of secondary school 

7 students who graduate in 4 years or less 

8 with a regular secondary school diploma 

9 (which shall not include a GED or other 

10 certificate of completion or alternative to a 

11 diploma except as provided in paragraph 

12 (6)(B)); divided by 

13 ‘‘(ii) the number of secondary school 

14 students who formed the adjusted cohort 

15 for that graduating class; multiplied by 

16 ‘‘(B) 100. 

17 ‘‘(5) ON-TRACK STUDENT.—The term ‘on-track 

18 student’ means a student who— 

19 ‘‘(A) has accumulated the number of cred20 its necessary to promote to the next grade, in 

21 accordance with State and local educational 

22 agency policies; and 

23 ‘‘(B) has failed not more than 1 semester 

24 in English or language arts, mathematics, 

25 science, or social studies. 


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1 ‘‘(6) REGULAR SECONDARY SCHOOL DI2 PLOMA.— 

3 ‘‘(A) IN GENERAL.—The term ‘regular sec4 ondary school diploma’ means the standard sec5 ondary school diploma awarded to the prepon6 derance of students in the State that is fully 

7 aligned with State standards, or a higher di8 ploma. Such term shall not include GEDs, cer9 tificates of attendance, or any lesser diploma 

10 award. 

11 ‘‘(B) SPECIAL RULE.—For a student who 

12 has a significant cognitive disability and is as13 sessed using an alternate assessment aligned to 

14 an alternate achievement standard, receipt of a 

15 regular secondary school diploma or a State-de16 fined alternate diploma aligned with completion 

17 of the student’s right to a free and appropriate 

18 public education under the Individuals with 

19 Disabilities Education Act (20 U.S.C. 1400 et 

20 seq.) shall be counted as graduating with a reg21 ular secondary school diploma for the purposes 

22 of this section, except that not more than 1 per23 cent of students served by the State or local 

24 educational agency, as appropriate, shall be 


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1 counted as graduates with a regular secondary 

2 school diploma under this subparagraph. 

3 ‘‘(7) UNDER-CREDITED STUDENT.—The term 

4 ‘under-credited student’ means a secondary school 

5 student who is a year or more behind in the ex6 pected accumulation of credits or courses toward an 

7 on-time graduation as determined by the relevant 

8 local educational agency’s and State educational 

9 agency’s secondary school graduation requirements 

10 for an on-time graduation. 

11 ‘‘(b) CALCULATING AND REPORTING ACCURATE

12 GRADUATION RATES.— 

13 ‘‘(1) CALCULATING GRADUATION RATES.—Not 

14 later than school year 2011–2012, and every school 

15 year thereafter, each State educational agency and 

16 local educational agency that is assisted under this 

17 part and uses a statewide longitudinal data system 

18 with individual student identifiers, shall calculate for 

19 each school served by the State or local educational 

20 agency, as the case may be— 

21 ‘‘(A) the 4-year adjusted cohort graduation 

22 rate; and 

23 ‘‘(B) the cumulative graduation rate. 

24 ‘‘(2) CALCULATION AT SCHOOL, LEA, AND

25 STATE LEVELS; DISAGGREGATION.—The 4-year adVerDate Aug 31 2005 07:15 Oct 02, 2008 Jkt 069200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S3627.IS S3627

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1 justed cohort graduation rate and the cumulative 

2 graduation rate shall be calculated at the school, 

3 local educational agency, and State levels in the ag4 gregate and disaggregated by race, ethnicity, gender, 

5 disability status, migrant status, English proficiency, 

6 and status as economically disadvantaged, except 

7 that such disaggregation shall not be required in a 

8 case in which the number of students in a subgroup 

9 is insufficient to yield statistically reliable informa10 tion or the results would reveal personally identifi11 able information about an individual student. 

12 ‘‘(3) REPORTING GRADUATION RATES.—Subject 

13 to paragraph (4), not later than school year 2011– 

14 2012, and every school year thereafter, each State 

15 educational agency, local educational agency and 

16 school that is assisted under this part shall report 

17 annually, as part of the State and local educational 

18 agency report cards required under section 1111(h), 

19 each of the following: 

20 ‘‘(A) 4-YEAR ADJUSTED COHORT GRADUA21 TION RATE.—The 4-year adjusted cohort grad22 uation rate, in the aggregate and disaggregated 

23 by each of the subgroups described in para24 graph (2). 


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1 ‘‘(B) CUMULATIVE GRADUATION RATE.— 

2 The cumulative graduation rate, in the aggre3 gate and disaggregated by each of the sub4 groups described in paragraph (2). 

5 ‘‘(C) NUMBER OF STUDENTS GRADUATING

6 IN MORE THAN 4 YEARS.—The number of sec7 ondary school students graduating in more than 

8 4 years with a regular secondary school di9 ploma, disaggregated by the number of years 

10 accounted for in the cumulative graduation rate 

11 and by each of the subgroups described in para12 graph (2). 

13 ‘‘(D) NUMBER OF STUDENTS REMOVED

14 FROM COHORT.—The number of secondary 

15 school students who have been removed from 

16 the adjusted cohort, in the aggregate and 

17 disaggregated by each of the subgroups de18 scribed in paragraph (2). 

19 ‘‘(E) PERCENTAGE OF CONTINUING STU20 DENTS.—The percentage of students from an 

21 adjusted cohort that began 4 years or more ear22 lier who have not graduated from and are still 

23 in secondary school. 

24 ‘‘(4) USE OF INTERIM GRADUATION RATE.—In 

25 the case of a State that does not have an individual 


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1 student identifier longitudinal data system, with re2 spect to each graduation rate calculation or report3 ing requirement under this section, the State and 

4 local educational agencies and secondary schools in 

5 the State shall temporarily carry out this section by 

6 using an interim graduation rate calculation that 

7 meets the following conditions: 

8 ‘‘(A) NUMBER OF GRADUATES COMPARED

9 TO NUMBER OF STUDENTS.—The calculation 

10 shall measure or estimate the number of sec11 ondary school graduates compared to the num12 ber of students in the secondary school’s enter13 ing grade. 

14 ‘‘(B) DROPOUT DATA.—The calculation 

15 shall not use dropout data. 

16 ‘‘(C) REGULAR SECONDARY SCHOOL DI17 PLOMA.—The calculation shall count as grad18 uates only those students who receive a regular 

19 secondary school diploma. 

20 ‘‘(D) DISAGGREGATION.—The calculation 

21 shall be disaggregated by the subgroups de22 scribed in paragraph (2). 

23 ‘‘(E) ANNUAL BASIS AND RATE OF

24 GROWTH.—The calculation shall be used on an 


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1 annual basis to determine a rate of growth, as 

2 described in subsection (c). 

3 ‘‘(F) TIMEFRAME LIMITATION.—The in4 terim graduation rate calculation may only be 

5 used through the end of school year 2010– 

6 2011. 

7 ‘‘(G) REPORTING USE OF INTERIM GRAD8 UATION RATE.—Each State that receives assist9 ance under this part shall describe the interim 

10 graduation rate used in accordance with this 

11 paragraph in the State’s plan submitted under 

12 section 1111. 

13 ‘‘(5) REPORTING PERCENT OF ON-TRACK STU14 DENTS.—Not later than school year 2011–2012, and 

15 every school year thereafter, every State educational 

16 agency, local educational agency, and school that re17 ceives assistance under this part shall report annu18 ally, as part of the State and local educational agen19 cy report cards required under section 1111(h), the 

20 percent of on-track students for each secondary 

21 school grade served by the State educational agency, 

22 local educational agency, and school, respectively, 

23 other than the graduating grade for the secondary 

24 school, in the aggregate and disaggregated by each 

25 of the subgroups described in paragraph (2). 


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1 ‘‘(6) REPORTING ADDITIONAL INDICATORS.— 

2 ‘‘(A) IN GENERAL.—A State may report 

3 additional complementary indicators of sec4 ondary school completion, such as— 

5 ‘‘(i) a college-ready graduation rate; 

6 ‘‘(ii) a dropout rate; 

7 ‘‘(iii) in-grade retention rates; 

8 ‘‘(iv) percentages of students receiving 

9 GEDs, certificates of completion, or alter10 natives to a diploma; and 

11 ‘‘(v) in the case of a State with exit 

12 examinations, students who have completed 

13 course requirements but failed a State 

14 exam required for secondary school grad15 uation. 

16 ‘‘(B) DEFINITIONS FOR INDICATORS.—The 

17 Secretary shall promulgate and publish in the 

18 Federal Register regulations containing defini19 tions for the indicators described in clauses (i), 

20 (ii), and (iii) of subparagraph (A) that are con21 sistent with the definitions used by the National 

22 Center for Educational Statistics, in order to 

23 ensure that the indicators are comparable 

24 across schools and school districts within a 

25 State. 


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1 ‘‘(C) PROHIBITION.—For purposes of re2 porting or accountability under this section, the 

3 additional indicators shall not replace the 4- 

4 year adjusted cohort graduation rate or the cu5 mulative graduation rate. 

6 ‘‘(D) RULE OF CONSTRUCTION.—Nothing 

7 in this Act shall be construed to prohibit a 

8 State from reporting indicators of secondary 

9 school completion that are not described in sub10 paragraph (A). 

11 ‘‘(7) DATA ANOMALIES.— 

12 ‘‘(A) IN GENERAL.—When an individual 

13 student record indicates a student was enrolled 

14 in more than 1 secondary school or a student 

15 record shows enrollment in a secondary school 

16 but no subsequent information, such student 

17 record shall be assigned to 1 adjusted cohort 

18 for the purposes of calculating and reporting 

19 school, local educational agency, and State 4- 

20 year adjusted cohort graduation rates and cu21 mulative graduation rates under this sub22 section. 

23 ‘‘(B) SPECIAL RULE.—A student who re24 turns to secondary school after dropping out of 

25 secondary school, or receives a diploma from 


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1 more than 1 school or educational program 

2 served by any 1 local educational agency, shall 

3 be counted— 

4 ‘‘(i) only once for purposes of report5 ing and accountability under this section; 

6 and 

7 ‘‘(ii) as part of the student’s original 

8 adjusted cohort. 

9 ‘‘(8) MONITORING OF DATA COLLECTION.— 

10 Each State that receives assistance under this part 

11 shall conduct regular audits of data collection, re12 porting, and calculations by local educational agen13 cies in the State. The Secretary shall assist States 

14 in their efforts to develop and retain the capacity for 

15 collection, analysis, and public reporting of 4-year 

16 adjusted cohort graduation rate and cumulative 

17 graduation rate data. 

18 ‘‘(c) SCHOOL, LOCAL EDUCATIONAL AGENCY, AND

19 STATE ACCOUNTABILITY.— 

20 ‘‘(1) GRADUATION RATE GOAL.—Each State 

21 that receives assistance under this part shall seek to 

22 have all students graduate from secondary school 

23 prepared for success in college and work. 

24 ‘‘(2) GRADUATION RATE CALCULATION.—Each 

25 State that receives assistance under this part shall 


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1 use aggregate and disaggregated cumulative gradua2 tion rates as the additional indicator described in 

3 section 1111(b)(2)(C)(vi) for the purposes of deter4 mining each secondary school’s and local educational 

5 agency’s adequate yearly progress. 

6 ‘‘(3) ANNUAL MEASURABLE OBJECTIVES.—The 

7 Secretary shall require a State, local educational 

8 agency, or school that receives assistance under this 

9 part and has a cumulative graduation rate below 90 

10 percent in the aggregate or for any subgroup de11 scribed in subsection (b)(2), to increase the cumu12 lative graduation rate, in the aggregate or for such 

13 subgroup, respectively, in order to make adequate 

14 yearly progress under section 1111(b)(2), as follows: 

15 ‘‘(A) BASELINE FOR CUMULATIVE GRAD16 UATION RATES.—Subject to subparagraph (B), 

17 the cumulative graduation rate calculated and 

18 reported in accordance with this section for the 

19 first school year that begins after the date of 

20 enactment of Every Student Counts Act shall 

21 serve as the baseline graduation rate. Each 

22 school year thereafter, cumulative graduation 

23 rates calculated at the school, local educational 

24 agency, and State levels in the aggregate and 

25 disaggregated for each subgroup described in 


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1 subsection (b)(2) shall be evaluated for annual 

2 growth in accordance with subparagraph (C). 

3 ‘‘(B) BASELINE ADJUSTMENT.—In the 

4 case of a State that uses an interim graduation 

5 rate, after the State has implemented an indi6 vidual student identifier longitudinal data sys7 tem and can calculate the 4-year adjusted co8 hort graduation rate and the cumulative grad9 uation rate, but not later than the 2011–2012 

10 school year, the State shall use the cumulative 

11 graduation rate as the baseline graduation rate 

12 for reporting and accountability under this sec13 tion. 

14 ‘‘(C) ANNUAL GROWTH.— 

15 ‘‘(i) IN GENERAL.—In order for a 

16 State, local educational agency, or school 

17 to make adequate yearly progress under 

18 section 1111(b)(2), the State, local edu19 cational agency, or school, respectively, 

20 shall demonstrate increases in the cumu21 lative graduation rate from the baseline 

22 graduation rate, in the aggregate and for 

23 each subgroup described in subsection 

24 (b)(2), by an average of 3 percent per 

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1 tion rate, in the aggregate and for each 

2 such subgroup, equals or exceeds 90 per3 cent. 

4 ‘‘(ii) AYP NOT MADE.—A secondary 

5 school shall not be considered to have 

6 made adequate yearly progress under sec7 tion 1111(b)(2) if— 

8 ‘‘(I) the school’s 4-year adjusted 

9 cohort graduation rate, in the aggre10 gate or for any subgroup described in 

11 subsection (b)(2), falls below the co12 hort’s initial baseline graduation rate 

13 or shows no improvement over a 4- 

14 year period, except as provided in 

15 clause (iii); or 

16 ‘‘(II) fewer than 90 percent of 

17 the students included in the cumu18 lative graduation rate, in the aggre19 gate or for any subgroup described in 

20 subsection (b)(2), are students who 

21 graduate from secondary school in 4 

22 years. 

23 ‘‘(iii) SPECIAL RULE.—A secondary 

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1 ting may apply to the State to use an al2 ternatively calculated 4-year adjusted co3 hort graduation rate for purposes of deter4 minations under clause (ii)(I) if— 

5 ‘‘(I) the secondary school or edu6 cational program submits to the 

7 State— 

8 ‘‘(aa) a description of the 

9 secondary school or educational 

10 program; and 

11 ‘‘(bb) a proposed alter12 natively calculated 4-year ad13 justed cohort graduation rate; 

14 and 

15 ‘‘(II) the State approves the use 

16 of the alternatively calculated 4-year 

17 adjusted cohort graduation rate for 

18 such purposes. 

19 ‘‘(4) DELAYED APPLICABILITY TO SCHOOLS.— 

20 Paragraphs (2) and (3)(C) shall not apply to a sec21 ondary school until the beginning of school year 

22 2011–2012. 

23 ‘‘(d) REPORTING REQUIREMENT.—Not later than 90 

24 days after the date of the enactment of the Every Student 

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1 cational agency that receives assistance under this part 

2 shall submit to the Secretary, and make publicly available, 

3 a report on the implementation of this section. Such report 

4 shall include— 

5 ‘‘(1) a description of each category, code, and 

6 the corresponding definition that the State has au7 thorized for identifying, tracking, calculating, and 

8 publicly reporting student status; and 

9 ‘‘(2) if using an interim graduation rate pursu10 ant to subsection (b)(4), a description of the efforts 

11 of the State to implement the cumulative graduation 

12 rate and the expected date of implementation, which 

13 date shall not be later than the beginning of school 

14 year 2011–2012.’’. 

15 SEC. 5. AYP CONFORMING AMENDMENTS. 

16 Section 1111(b)(2)(C) of the Elementary and Sec17 ondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)) 

18 is amended— 

19 (1) in clause (vi), by striking ‘‘and’’ after the 

20 semicolon; 

21 (2) in clause (vii), by striking the period and in22 serting ‘‘; and’’; and 

23 (3) by adding at the end the following: 


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1 ‘‘(viii) complies with the requirements 

2 of section 1111A.’’. 

Æ 


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