I 

111TH CONGRESS 

2D SESSION H. R. 4837 

To amend the Elementary and Secondary Education Act of 1965, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 12, 2010 

Mr. YOUNG of Alaska introduced the following bill; which was referred to the 

Committee on Education and Labor 

A BILL 

To amend the Elementary and Secondary Education Act 

of 1965, and for other purposes. 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘School Accountability Improvement Act of 2010’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—MEASURING ADEQUATE YEARLY PROGRESS 

Sec. 101. Measuring adequate yearly progress of groups. 

Sec. 102. Intermediate goals need not increase in equal increments for all 

groups. 


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Sec. 103. Alternative approaches to measuring adequate yearly progress. 

Sec. 104. Graduation rates. 

Sec. 105. Participation of students in assessments. 

Sec. 106. Students with disabilities requiring alternate assessments. 

Sec. 107. Assessments. 

Sec. 108. Regulations. 

Sec. 109. Research and standards. 

TITLE II—STATE FLEXIBILITY 

Sec. 201. State flexibility. 

TITLE III—IMPLEMENTATION OF SANCTIONS 

Sec. 301. School improvement and public school choice. 

Sec. 302. School district improvement. 

Sec. 303. Supplemental services. 

Sec. 304. Full implementation. 

TITLE IV—NONPUBLIC SCHOOLS 

Sec. 401. Participation of children enrolled in private schools. 

TITLE V—EFFECTIVE DATE AND REGULATIONS 

Sec. 501. Effective date. 

Sec. 502. Regulations. 

1 TITLE I—MEASURING ADEQUATE 

2 YEARLY PROGRESS 

3 SEC. 101. MEASURING ADEQUATE YEARLY PROGRESS OF 

4 GROUPS. 

5 (a) ‘‘N’’ SIZE MAY VARY BY SIZE OF SCHOOL OR

6 LEA.—The following provisions of the Elementary and 

7 Secondary Education Act of 1965 are each amended by 

8 inserting after ‘‘reliable information’’ the following: ‘‘(the 

9 number required to be insufficient being greater, at the 

10 option of the State, for a local educational agency than 

11 for a school, and varying, at the option of the State, from 

12 agency to agency and school to school in proportion to 

13 total enrollment)’’: 

14 (1) In section 1111 (20 U.S.C. 6311)— 


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1 (A) subsection (b)(2)(C)(v), in the matter 

2 after subclause (II)(dd); 

3 (B) subsection (b)(2)(I)(ii); 

4 (C) subsection (b)(3)(C)(xiii); and 

5 (D) subsection (h)(C)(i). 

6 (2) Section 1431(b) (20 U.S.C. 6471(b)). 

7 (b) PERMITTING FEWER STUDENTS IN GROUP TO

8 DEMONSTRATE PROGRESS TO MEET AYP SAFE HAR9 BOR.—Section 1111 (20 U.S.C. 6311) is further amended 

10 in subsection (b)(2)(I)(i) by striking ‘‘10 percent’’ and in11 serting ‘‘5 percent’’. 

12 (c) COUNTING STUDENTS WHO ARE IN MORE THAN

13 ONE GROUP.—Section 1111 (20 U.S.C. 6311) is further 

14 amended in subsection (b)(2) by adding at the end the 

15 following: 

16 ‘‘(L) COUNTING STUDENTS WHO

17 ARE IN MORE THAN ONE GROUP.— 

18 For the purpose of determining ade19 quate yearly progress, the State may 

20 establish a uniform procedure for 

21 counting students under which a stu22 dent who belongs to more than one of 

23 the groups described in subparagraph 

24 (C)(v) is counted toward each such 

25 group to which the student belongs as 


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1 a fraction of 1 student, the numerator 

2 of the fraction being 1 and the de3 nominator being the number of such 

4 groups to which the student belongs.’’. 

5 SEC. 102. INTERMEDIATE GOALS NEED NOT INCREASE IN 

6 EQUAL INCREMENTS FOR ALL GROUPS. 

7 Section 1111 of the Elementary and Secondary Edu8 cation Act of 1965 (20 U.S.C. 6311) is further amended 

9 in subsection (b)(2)(H)(i)— 

10 (1) by striking ‘‘in equal increments’’; and 

11 (2) by inserting before the semicolon at the end 

12 the following: ‘‘in— 

13 ‘‘(aa) increments defined by 

14 the State as appropriate for the 

15 group, for each of the groups of 

16 students described in subpara17 graph (C)(v); and 

18 ‘‘(bb) equal increments, for 

19 all other students.’’. 

20 SEC. 103. ALTERNATIVE APPROACHES TO MEASURING ADE21 QUATE YEARLY PROGRESS. 

22 (a) EXPANSION OF AYP TO INCLUDE GAIN SCORES

23 AND PARTIAL CREDIT FOR MEETING BASIC TARGETS.— 

24 Section 1111 of the Elementary and Secondary Education 

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1 section (b)(2)(C)(vii) by inserting after ‘‘such as’’ the fol2 lowing: ‘‘achievement under a ‘gain score’ approach (such 

3 as a value-added system), progress toward meeting basic 

4 proficiency targets,’’. 

5 (b) ALTERNATIVES TO AYP.—Such section is further 

6 amended in subsection (b)(2) by adding at the end the 

7 following: 

8 ‘‘(M) ALTERNATE METHODS OF DEFINING

9 ADEQUATE YEARLY PROGRESS.—In lieu of de10 fining adequate yearly progress under subpara11 graph (C), the State may define adequate year12 ly progress in any manner that— 

13 ‘‘(i) uses the measures of performance 

14 and progress described in subparagraph 

15 (A); 

16 ‘‘(ii) complies with the time line re17 quired by subparagraph (F); and 

18 ‘‘(iii) includes intermediate goals, as 

19 required by subparagraph (H). 

20 ‘‘(N) ADDITIONAL METHODS OF DEFINING

21 ADEQUATE YEARLY PROGRESS.— 

22 ‘‘(i) IN GENERAL.—For the purpose 

23 of meeting the requirements of this sec24 tion, the State educational agency may 

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1 cy as having made adequate yearly 

2 progress pursuant to subparagraph (I) in 

3 any year in which one or more groups de4 scribed in clause (v) of subparagraph (C) 

5 in that school or local educational agency 

6 do not meet or exceed the proficient level 

7 established under subparagraph (G) in a 

8 subject to which the accountability provi9 sions of this subsection applies or do not 

10 meet the requirement for any other indi11 cator established under subparagraph (D) 

12 if— 

13 ‘‘(I) the same group or groups 

14 did not fail to meet the requirements 

15 for adequate yearly progress for that 

16 same subject or the other indicator in 

17 the previous year as determined with18 out using the provisions of this sub19 paragraph; and 

20 ‘‘(II) the number of students who 

21 did not meet or exceed the proficient 

22 level in such group or groups is not 

23 greater in the aggregate than a per24 centage determined by the State edu25 cational agency but not in excess of 


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1 10 percent of the students enrolled in 

2 the school or local educational agency, 

3 as the case may be, in grades that 

4 were assessed in that subject or indi5 cator for adequate yearly progress. 

6 ‘‘(ii) GREATER PERCENTAGE.—The 

7 Secretary may, on an individual State 

8 basis, approve a greater percentage than 

9 the amount set forth in clause (i)(II) for 

10 determining whether a school or local edu11 cational agency has met the requirements 

12 for adequate yearly progress if— 

13 ‘‘(I) the percentage over that 

14 amount is consistent with the account15 ability system of the State and is pro16 posed as an amendment to the State 

17 plan required by this section; and 

18 ‘‘(II) the State educational agen19 cy applies a lower status designation 

20 of adequate yearly progress to any 

21 school or local educational agency that 

22 utilizes the percentage approved under 

23 this clause for determining that ade24 quate yearly progress was met. 


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1 ‘‘(O) MULTIPLE ASSESSMENTS FOR DE2 TERMINING ADEQUATE YEARLY PROGRESS.— 

3 ‘‘(i) Subject to approval by the Sec4 retary, State plans submitted pursuant to 

5 subsection (a) may use a combination of 

6 assessments aligned with the academic 

7 standards of the State and other indicators 

8 to determine whether adequate yearly 

9 progress is made. The State plan may pro10 vide for the following: 

11 ‘‘(I) The assignment of specific 

12 weights or points to the assessments 

13 or other indicators that are used in 

14 order to calculate a composite score to 

15 determine whether adequate yearly 

16 progress is made. 

17 ‘‘(II) The use of portfolios, 

18 projects, and performance-based as19 sessments consistent with criteria es20 tablished by the State. 

21 ‘‘(III) The use of teacher obser22 vations that meet State criteria to as23 sess— 

24 ‘‘(aa) the performance of 

25 students for whom such method 


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1 of assessment would be appro2 priate, including students identi3 fied in subclauses (II)(cc) and 

4 (dd) of subparagraph (C)(v); and 

5 ‘‘(bb) the performance of 

6 students on skills or uses of in7 formation that are not ade8 quately provided for in the State 

9 assessment instrument. 

10 ‘‘(IV) The use of high school 

11 graduation rates, the number or por12 tion of advanced placement and inter13 national baccalaureate courses taken 

14 by students in specific subjects, post15 secondary education admissions, and 

16 other factors that are appropriate for 

17 the grade level of the students in18 volved in addition to the academic as19 sessment of those students.’’. 

20 SEC. 104. GRADUATION RATES. 

21 Section 1111(b)(2) of the Elementary and Secondary 

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

23 by adding at the end the following: 

24 ‘‘(L) GRADUATION AND DROP-OUT

25 RATES.—In determining the graduation and 


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1 drop-out rates required by this Act, the State 

2 plan may provide alternatives, in lieu of count3 ing students in the year of the on-time, 4-year 

4 high school graduation cohort of such students, 

5 in order to address the following circumstances: 

6 ‘‘(i) Students who do not graduate on 

7 time and who are enrolled in school for the 

8 summer or semester (and where applicable 

9 are continuously enrolled in a subsequent 

10 semester) after their fourth year of high 

11 school, except that such students shall be 

12 counted in the calculation of the gradua13 tion and dropout rates for the school year 

14 in which such graduation (or noncomple15 tion) occurs. 

16 ‘‘(ii) Students who leave school prior 

17 to earning a high school diploma and who 

18 are enrolled for the semester after their 

19 fourth year of high school in an accredited 

20 postsecondary institution in a program 

21 leading to a two-year or a four-year degree 

22 or in a job training program that is ap23 proved by the State and prepares students 

24 for employment and to advance beyond the 

25 entry level, except that— 


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1 ‘‘(I) such students shall be count2 ed in the school year in which such 

3 graduation (or noncompletion) occurs; 

4 and 

5 ‘‘(II) such determination may be 

6 made on the basis of whether such 

7 students leave school or a job training 

8 program having successfully com9 pleted the courses or job training pro10 gram that the State would deem as 

11 having satisfied the requirements for 

12 a high school diploma.’’. 

13 SEC. 105. PARTICIPATION OF STUDENTS IN ASSESSMENTS. 

14 (a) PERCENTAGE OF STUDENTS REQUIRED TO TAKE

15 ASSESSMENTS.—Section 1111 of the Elementary and Sec16 ondary Education Act of 1965 (20 U.S.C. 6311) is further 

17 amended in subsection (b)(2)(I)(ii)— 

18 (1) by striking ‘‘95 percent’’ the first place 

19 such term appears and inserting ‘‘a percentage 

20 (from 90 to 95 percent, based on criteria established 

21 in the State plan)’’; and 

22 (2) by striking ‘‘95 percent’’ the second place 

23 such term appears and inserting ‘‘percentage’’. 


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1 (b) DETERMINING PARTICIPATION RATES.—Section 

2 1111 of such Act (20 U.S.C. 6311) is further amended 

3 in subsection (b)(2) by adding at the end the following: 

4 ‘‘(N) STUDENTS EXEMPT FROM PARTICI5 PATING IN ASSESSMENTS.—For the purpose of 

6 determining compliance with the percentage re7 quired by subparagraph (I)(ii), the State may 

8 provide for a student to be excluded from the 

9 determination with respect to an assessment if 

10 any of the following apply: 

11 ‘‘(i) EXCUSED ABSENCE.—The stu12 dent did not take that assessment by rea13 son of— 

14 ‘‘(I) a medical condition; 

15 ‘‘(II) a parental decision to ex16 empt the student, if such a decision is 

17 available under, and exercised pursu18 ant to, State law; or 

19 ‘‘(III) a circumstance out of the 

20 control of the student, school, or local 

21 educational agency, such as a natural 

22 disaster. 

23 ‘‘(ii) CHRONIC NONATTENDANCE.— 

24 Each of the following is true: 


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1 ‘‘(I) The student did not take the 

2 assessment and has demonstrated an 

3 unusual and chronic pattern of non4 attendance, as defined by the State. 

5 ‘‘(II) The local educational agen6 cy in which the student is enrolled is 

7 implementing a plan to increase par8 ticipation in the assessments by stu9 dents demonstrating such a pattern of 

10 nonattendance. 

11 ‘‘(O) STUDENTS ASSIGNED ‘BELOW BASIC’ 

12 SCORE BY DEFAULT.—For the purpose of de13 termining adequate yearly progress, and for the 

14 purpose of determining compliance with the 

15 percentage required by subparagraph (I)(ii), a 

16 student who does not take an assessment and 

17 who is not excluded under subparagraph (N) 

18 may, if the State plan so provides, be treated 

19 as having taken the assessment and having 

20 achieved a score below the level described in 

21 paragraph (1)(D)(ii)(III) (below basic).’’. 


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1 SEC. 106. STUDENTS WITH DISABILITIES REQUIRING AL2 TERNATE ASSESSMENTS. 

3 Section 1111 of the Elementary and Secondary Edu4 cation Act of 1965 (20 U.S.C. 6311) is further amended 

5 in subsection (b)(2) by adding at the end the following: 

6 ‘‘(P) STUDENTS WITH DISABILITIES RE7 QUIRING ALTERNATE ASSESSMENTS.—Con8 sistent with paragraph (3), a State may imple9 ment the amendments made to part 200 of title 

10 34, Code of Federal Regulations, on December 

11 9, 2003 (68 Fed. Reg. 68698) (related to 

12 achievement of students with significant cog13 nitive disabilities) as if such amendments— 

14 ‘‘(i) permitted 3 percent of such stu15 dents to be counted for the purposes of de16 termining adequate yearly progress, except 

17 that— 

18 ‘‘(I) any assessment given to any 

19 such student for the purposes of de20 termining such adequate yearly 

21 progress must be required by the indi22 vidualized education plan of such stu23 dent; 

24 ‘‘(II) the individualized education 

25 plan must reflect the need for any 

26 such alternate assessment based on 


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1 the evaluation of such student and the 

2 services provided such student under 

3 section 614 of the Individuals with 

4 Disabilities Education Act (42 U.S.C. 

5 1400 et seq.); and 

6 ‘‘(III) the individualized edu7 cation plan must include written con8 sent from the parent of such student 

9 prior to such alternate assessment 

10 being administered; 

11 ‘‘(ii) used the term ‘students requiring 

12 alternate assessments’ in lieu of the term 

13 ‘students with the most significant cog14 nitive disabilities’; and 

15 ‘‘(iii) permitted the eligibility of such 

16 students to be determined by the State 

17 educational agency, except that such eligi18 bility shall, at a minimum, include— 

19 ‘‘(I) students who are receiving 

20 services pursuant to a plan required 

21 under section 504 of the Rehabilita22 tion Act of 1973 and part 104 of title 

23 34, Code of Federal Regulations; 

24 ‘‘(II) students who are assessed 

25 at a grade level below the grade level 


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1 in which they are enrolled (out of level 

2 assessments); and 

3 ‘‘(III) students considered stu4 dents with the most significant cog5 nitive disabilities, as defined by the 

6 State educational agency, prior to the 

7 enactment of the No Child Left Be8 hind Improvements Act of 2007.’’. 

9 SEC. 107. ASSESSMENTS. 

10 Section 1111(b)(3)(C) of the Elementary and Sec11 ondary Education Act of 1965 (20 U.S.C. 6311(b)(3)(C)) 

12 is amended— 

13 (1) in clause (ix) by striking subclause (III) and 

14 inserting the following: 

15 ‘‘(III) the inclusion of limited16 English-proficient students, who— 

17 ‘‘(aa) may, consistent with 

18 paragraph (2)(P), be assessed, as 

19 determined by the local edu20 cational agency, through the use 

21 of an assessment which requires 

22 achievement of specific gains for 

23 up to three school years from the 

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1 sessed for the purposes of this 

2 subsection; 

3 ‘‘(bb) may, at the option of 

4 the State educational agency, be 

5 assessed in the first year any 

6 such student attended school in 

7 the United States (not including 

8 Puerto Rico); 

9 ‘‘(cc) shall not be included 

10 in any calculation of adequate 

11 yearly progress when such stu12 dents are in the first year of at13 tending school in the United 

14 States (not including Puerto 

15 Rico); and 

16 ‘‘(dd) shall be assessed in a 

17 valid and reliable manner and 

18 provided reasonable accommoda19 tions on assessments adminis20 tered to such students under this 

21 paragraph, including, to the ex22 tent practicable, assessments in 

23 the language and form most like24 ly to yield accurate data on what 

25 such students know and can do 


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1 in academic content areas, until 

2 such students have achieved 

3 English language proficiency as 

4 determined under paragraph 

5 (7);’’; 

6 (2) in clause (xiv) by striking ‘‘and’’ at the end; 

7 (3) by redesignating clause (xv) as clause (xvii); 

8 and 

9 (4) by inserting after clause (xiv) the following: 

10 ‘‘(xv) at the option of the local edu11 cational agency, be administered multiple 

12 times to any such student during the 

13 school year, or (at the option of the State) 

14 a subsequent date prior to the beginning of 

15 the next school year, provided that the 

16 local educational agency shall determine 

17 which score of any such administration be 

18 used for determining adequate yearly 

19 progress; 

20 ‘‘(xvi) at the option of the school dis21 trict, measure the achievement of a stu22 dent as if such student were in the grade 

23 level proceeding the grade level of such 

24 student, provided that— 


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1 ‘‘(I) if such student meets the 

2 proficient level of achievement for 

3 such proceeding grade level, such 

4 score shall be used to determine ade5 quate yearly progress for such pro6 ceeding grade level; and 

7 ‘‘(II) if such student does not 

8 meet the proficient level of achieve9 ment for such proceeding grade level, 

10 such score is not used for the pur11 poses of determining adequate yearly 

12 progress; and’’. 

13 SEC. 108. REGULATIONS. 

14 Section 1111 of the Elementary and Secondary Edu15 cation Act of 1965 (20 U.S.C. 6311) is further amended 

16 by adding at the end the following: 

17 ‘‘(o) REGULATIONS.— 

18 ‘‘(1) CODIFICATION OF REGULATIONS AFFECT19 ING LIMITED ENGLISH PROFICIENT CHILDREN.— 

20 This part shall be implemented consistent with 

21 amendments proposed to part 200 of title 34, Code 

22 of Federal Regulations, on June 24, 2004 (69 Fed. 

23 Reg. 35462) (relating to the assessment of limited 

24 English proficient children and the inclusion of lim25 ited-English-proficient children in subgroups) as if 


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1 such amendments permitted students who were pre2 viously identified as limited-English-proficient to be 

3 included in the group described in subsection 

4 (b)(2)(C)(v)(II)(dd) for three additional years, as 

5 determined by a local educational agency (based on 

6 the individual needs of a child) for the purposes of 

7 determining adequate yearly progress. 

8 ‘‘(2) ISSUANCE OF REGULATIONS AFFECTING

9 CHILDREN WITH DISABILITIES.—The Secretary shall 

10 issue regulations not later than 180 days after the 

11 date of the enactment of the No Child Left Behind 

12 Improvements Act of 2006 regarding the participa13 tion of children with disabilities under this part. 

14 Such regulations shall permit a State to include, for 

15 up to three years, students who were children with 

16 disabilities as part of the group described under sec17 tion 1111(b)(2)(C)(v)(II)(cc) but who are no longer 

18 identified as children with disabilities. Students with 

19 disabilities may be provided an alternate assessment, 

20 including an out of level assessment, if deemed ap21 propriate by the individual education plan team for 

22 that student and included within the written indi23 vidual education plan for that student.’’. 


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1 SEC. 109. RESEARCH AND STANDARDS. 

2 (a) IN GENERAL.—From funds appropriated under 

3 subsection (b), the Secretary is authorized to conduct re4 search and to make grants to States and groups of States 

5 for the purpose of developing and implementing standards 

6 and assessments in academic subjects for which States are 

7 held accountable for making adequate yearly progress 

8 under the Elementary and Secondary Education Act of 

9 1965 (20 U.S.C. 6301 et seq.), subject to the following 

10 conditions: 

11 (1) HIGH QUALITY STANDARDS.—The stand12 ards that are developed pursuant to this subsection 

13 will— 

14 (A) be designed with the expectation that 

15 students will graduate from high school pre16 pared to enter postsecondary education or the 

17 workplace; and 

18 (B) be clear, concise, and consistent with 

19 the rigor of standards in nations that research 

20 validates as being high caliber. 

21 (2) PROHIBITION.—The Federal Government 

22 and any entity under its control is prohibited from— 

23 (A) establishing academic standards or re24 quiring any State to adopt specific standards or 

25 assessments as a condition for receiving funds 


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1 under any program administered by the De2 partment; and 

3 (B) establishing any assessment or requir4 ing any State to adopt a specific assessment for 

5 determining adequate yearly progress. 

6 (3) INCENTIVE.—A State that adopts standards 

7 in an academic system pursuant to paragraph (1) 

8 may— 

9 (A) revise the measurable objectives re10 quired by section 1111(b)(2)(G) of the Elemen11 tary and Secondary Education Act of 1965 (8 

12 U.S.C. 6311(b)(2)(G)); 

13 (B) extend the time line set forth in sec14 tion 1111(b)(2)(F) of such Act to a subsequent 

15 year but not beyond the 2017–18 school year; 

16 (C) exclude assessment results from the 

17 determination of whether a school or local edu18 cational agency is in need of improvement 

19 under section 1116(b)(1)(A) of such Act for the 

20 school year in which such standards are imple21 mented by local educational agencies; and 

22 (D) defer the implementation of the re23 quirements of paragraph (5), (7), and (8) of 

24 section 11116(b) of such Act for the school year 

25 following the first school year in which such 


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1 standards are implemented by local educational 

2 agencies. 

3 (4) STATE PLANS.—The State plan under sec4 tion 1111 of such Act of any State that adopts 

5 standards pursuant to paragraph (1) shall indicate 

6 how the State will— 

7 (A) assist local educational agencies to— 

8 (i) provide for the professional devel9 opment of teachers and administrators to 

10 effectively teach to such standards; 

11 (ii) align curriculum with such stand12 ards; 

13 (iii) acquire and align, as the case 

14 may be, course materials, technology data 

15 systems and other resources necessary to 

16 effectively teach to such standards; 

17 (iv) ensure that the State will give a 

18 high priority in providing assistance under 

19 this subsection to schools and local edu20 cational agencies wherein 35 percent or 

21 more of the students in the group identi22 fied under subclause (I) of section 

23 1111(b)(2)(C)(v) of such Act did not make 

24 adequate yearly progress targets in the 


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1 year prior to the implementation of such 

2 standards; and 

3 (v) ensure that representatives of 

4 teachers, administrators, school board 

5 members, parents, and other stakeholders 

6 are provided timely involvement in the de7 velopment, adoption, implementation, and 

8 evaluation of standards and assessments 

9 funded by this section; and 

10 (B) use State funds and the funds pro11 vided under such Act to support the activities 

12 described in subparagraph (A) as a top priority. 

13 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated to carry out this section 

15 $600,000,000. 

16 TITLE II—STATE FLEXIBILITY 

17 SEC. 201. STATE FLEXIBILITY. 

18 Section 1111 of the Elementary and Secondary Edu19 cation Act of 1965 (20 U.S.C. 6311) is amended— 

20 (1) by redesignating subsections (f) through 

21 (m) as subsections (g) through (n); and 

22 (2) by inserting after subsection (e) the fol23 lowing: 

24 ‘‘(f) STATE FLEXIBILITY.— 


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1 ‘‘(1) PLANS.—In approving plans under sub2 section (e), the Secretary shall accord a State max3 imum flexibility to make such plans and any revi4 sions compatible with the accountability system of 

5 such State. 

6 ‘‘(2) WAIVERS.—Through the authority pro7 vided under part D of title IX, the Secretary may 

8 grant a waiver of any statutory or regulatory re9 quirement of this part requested by a State edu10 cational agency or local educational agency. 

11 ‘‘(3) NOTIFICATION.—Not later than 30 days 

12 after the approval of any revisions to the plan of a 

13 State, or the granting of any waivers described 

14 under paragraph (2), the Secretary shall notify each 

15 State educational agency of such revision or waiver 

16 and, through the Website of the Department of Edu17 cation and the Federal Register, the public. The no18 tification described in the preceding sentence shall 

19 be in writing and include a clear and complete expla20 nation of such revision or wavier. 

21 ‘‘(4) APPLICABILITY OF PLAN REVISIONS AND

22 WAIVERS TO OTHER AGENCIES.—A revision to a 

23 plan approved under this part or a waiver issued 

24 under this subsection or under part D of title IX 

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1 cational agency, provided the State or agency meets 

2 any requirements issued by the Secretary applicable 

3 to such revision or waiver as implemented by such 

4 State or agency.’’. 

5 TITLE III—IMPLEMENTATION OF 

6 SANCTIONS 

7 SEC. 301. SCHOOL IMPROVEMENT AND PUBLIC SCHOOL 

8 CHOICE. 

9 Section 1116(b) of the Elementary and Secondary 

10 Education Act of 1965 (20 U.S.C. 6316(b)) is amended— 

11 (1) in paragraph (1)(A) by inserting after ‘‘2 

12 consecutive years’’ the following: ‘‘(in the same sub13 ject for the same group of students, as described in 

14 section 1111(b)(2)(C)(v))’’; 

15 (2) in paragraph (1)(E)(i)— 

16 (A) by striking ‘‘In the case’’ and inserting 

17 ‘‘Consistent with subparagraph (G), in the 

18 case’’; 

19 (B) by striking ‘‘all students enrolled in 

20 the school’’ and inserting ‘‘students who failed 

21 to meet the proficient level of achievement on 

22 the assessments described under section 

23 1111(b)(3) and are in the group whose aca24 demic performance caused the identification 

25 under this paragraph’’; and 


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1 (C) by striking ‘‘another public school’’ 

2 and inserting ‘‘one other public school identi3 fied, and’’; 

4 (3) in paragraph (1)(E) by adding at the end 

5 the following: 

6 ‘‘(iii) SPECIAL CONDITIONS.—A local 

7 educational agency shall not be required to 

8 implement the transfer of a student to a 

9 school under this subparagraph if doing so 

10 would— 

11 ‘‘(I) violate a State or local law 

12 or policy relating to health, safety, or 

13 class size; 

14 ‘‘(II) result in overcrowding, the 

15 installation of mobile classrooms, con16 struction of classrooms, or other sig17 nificant capital improvements in that 

18 school; or 

19 ‘‘(III) be impractical due to dis20 tance, geographical barriers or haz21 ards, time of travel, or unusually high 

22 cost of travel.’’; 

23 (4) in paragraph (1) by adding at the end the 

24 following: 


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1 ‘‘(G) OPTIONS.—A local educational agen2 cy may offer supplemental services as described 

3 in subsection (e) in place of the option to trans4 fer to one or more public schools described in 

5 subparagraph (E) for the purposes of meeting 

6 the requirements of paragraphs (5)(A), 

7 (7)(C)(i), or (8)(A)(i).’’; 

8 (5) in paragraph (5) by inserting after ‘‘ade9 quate yearly progress’’ the following: ‘‘(in the same 

10 subject for the same group of students)’’; 

11 (6) in paragraph (7)(C) by inserting after ‘‘ade12 quate yearly progress’’ the following: ‘‘(in the same 

13 subject for the same group of students)’’; 

14 (7) in paragraph (7)(C)(i)— 

15 (A) by striking ‘‘all’’; and 

16 (B) by striking ‘‘another’’ and inserting 

17 ‘‘an other’’; 

18 (8) in paragraph (7) by amending subpara19 graph (D) to read as follows: 

20 ‘‘(D) DELAY.—Notwithstanding any other 

21 provision of this paragraph, the local edu22 cational agency may delay, for a period not to 

23 exceed 1 year, implementation of the require24 ments under paragraph (5), corrective action 

25 under this paragraph, or restructuring under 


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1 paragraph (8) if the school makes adequate 

2 yearly progress for 1 year or if its failure to 

3 make adequate yearly progress is due to— 

4 ‘‘(i) exceptional or uncontrollable cir5 cumstances, such as a natural disaster; 

6 ‘‘(ii) a precipitous and unforeseen de7 cline in the financial resources of the local 

8 educational agency or school; or 

9 ‘‘(iii) a sudden or significant increase 

10 in the number of percentage of students 

11 represented by a group described in section 

12 1111(b)(2)(C)(v). 

13 No such period shall be taken into account in 

14 determining the number of consecutive years of 

15 failure to make adequate yearly progress.’’; 

16 (9) in paragraph (8)(A) by inserting after ‘‘ade17 quate yearly progress’’ the following: ‘‘in the same 

18 subject for the same group of students and the total 

19 number of students who did not meet or exceed the 

20 proficient level of academic achievement (who are 

21 members of a group described in section 

22 1111(b)(2)(C)(v)) that did not make adequate yearly 

23 progress exceed 35 percent of all students enrolled 

24 in such school who took the assessment in such sub25 ject’’; 


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1 (10) in paragraph (8)(A)(i)— 

2 (A) by striking ‘‘all’’; and 

3 (B) by striking ‘‘another’’ and inserting 

4 ‘‘an other’’; 

5 (11) in paragraph (10) by adding at the end 

6 the following: 

7 ‘‘(E) DETERMINATION THAT LESSER

8 AMOUNT IS NEEDED.— 

9 ‘‘(i) IN GENERAL.—If a local edu10 cational agency determines under subpara11 graph (A) that a lesser amount is needed 

12 to comply with paragraph (9) and to sat13 isfy all requests for supplemental edu14 cational services under subsection (e), the 

15 agency shall be required by this paragraph 

16 to spend only that lesser amount. The re17 maining amount (equal to the difference 

18 between that lesser amount and the 

19 amount otherwise required to be spent by 

20 subparagraph (A)) shall be merged back 

21 with the agency’s allocation under subpart 

22 2 and shall be available accordingly. 

23 ‘‘(ii) TIMING.—A determination de24 scribed in clause (i) may not be made— 


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1 ‘‘(I) until a reasonable time after 

2 notice to parents is made under para3 graph (6) and a reasonable time after 

4 the deadline for making requests for 

5 such transportation or services has 

6 passed; and 

7 ‘‘(II) after December 15, or after 

8 the date specified in the State plan, if 

9 the State plan specifies an earlier 

10 date. 

11 ‘‘(iii) ASSURANCES.—The remaining 

12 amount may not be merged back with the 

13 agency’s allocation, as described in clause 

14 (i), until after the agency notifies the State 

15 of the determination made under clause (i) 

16 and provides assurances to the State that 

17 the determination was made in compliance 

18 with this paragraph.’’; and 

19 (12) in paragraph (13) by striking ‘‘is no longer 

20 identified’’ and all that follows through the period at 

21 the end and inserting the following: ‘‘has made ade22 quate yearly progress for the group in which the 

23 child is a member in the same subject for which a 

24 failure to meet adequate yearly progress triggered 

25 the transfer.’’. 


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1 SEC. 302. SCHOOL DISTRICT IMPROVEMENT. 

2 Section 1116(c)(10) of the Elementary and Sec3 ondary Education Act of 1965 (20 U.S.C. 6316(c)(10)) 

4 is amended— 

5 (1) in subparagraph (B) by amending clause 

6 (ii) to read as follows: 

7 ‘‘(ii) shall take corrective action with 

8 respect to a local educational agency— 

9 ‘‘(I) that fails to make adequate 

10 yearly progress, as defined by the 

11 State, in the same subject, in either 

12 (at the option of the State) each 

13 grade span (as determined by the 

14 State) or averaged across all grades, 

15 for a group described in section 

16 1111(b)(2)(C)(v) by the end of the 

17 second full school year after the iden18 tification of such agency under para19 graph (3); and 

20 ‘‘(II) whose total number of stu21 dents (who are members of a group 

22 described in section 1111(b)(2)(C)(v)) 

23 that did not meet or exceed the pro24 ficient level of academic achievement 

25 exceed 35 percent of all students en26 rolled in a school in such agency who 


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1 took the assessment in such subject 

2 and averaged across all grades; and’’; 

3 and 

4 (2) by amending subparagraph (F) to read as 

5 follows: 

6 ‘‘(F) DELAY.—Notwithstanding subpara7 graph (B)(ii), a State educational agency may 

8 delay, for a period not to exceed 1 year, imple9 mentation of corrective action under this para10 graph if the local educational agency makes 

11 adequate yearly progress for 1 year or its fail12 ure to make adequate yearly progress is due 

13 to— 

14 ‘‘(i) exceptional or uncontrollable cir15 cumstances, such as a natural disaster; 

16 ‘‘(ii) a precipitous and unforeseen de17 cline in the financial resources of the local 

18 educational agency; or 

19 ‘‘(iii) a sudden or significant increase 

20 in the number or percentage of students 

21 represented by any group described in sec22 tion 1111(b)(2)(C)(v).’’. 

23 SEC. 303. SUPPLEMENTAL SERVICES. 

24 Section 1116(e) of the Elementary and Secondary 

25 Education Act of 1965 (20 U.S.C. 6316(e)) is amended— 


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1 (1) in paragraph (4)— 

2 (A) in subparagraph (B), by inserting after 

3 ‘‘objective criteria’’ the following: ‘‘(developed 

4 through continuous consultation with local edu5 cational agencies in the State)’’; 

6 (B) in subparagraph (D) by striking ‘‘and’’ 

7 at the end; 

8 (C) in subparagraph (E) by striking the 

9 period at the end and inserting ‘‘; and’’; and 

10 (D) by adding at the end the following: 

11 ‘‘(F) Develop procedures by which a local 

12 educational agency may— 

13 ‘‘(i) present complaints and docu14 mentation of such complaints to the State 

15 educational agency regarding the qualifica16 tions, operation, and evaluation of ap17 proved providers and potential providers 

18 seeking such approval; and 

19 ‘‘(ii) demonstrate to the State edu20 cational agency that any provider should 

21 not be authorized to provide supplemental 

22 services, as described in this subsection to 

23 any school or schools under the jurisdiction 

24 of that local education agency.’’; 


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1 (2) by redesignating paragraph (12) as para2 graph (13); and 

3 (3) by inserting after paragraph (11) the fol4 lowing: 

5 ‘‘(12) LOCAL EDUCATIONAL AGENCIES AS PRO6 VIDERS.—Nothing in this section prohibits a local 

7 educational agency that has failed to make adequate 

8 yearly progress or is in improvement, corrective ac9 tion, or restructuring status pursuant to subsection 

10 (c) from providing supplemental services, solely due 

11 to such failure. In developing and applying objective 

12 criteria under paragraph (4)(B) and withdrawing 

13 approval for providers under paragraph (4)(D), a 

14 State educational agency may not consider whether 

15 a local educational agency made adequate yearly 

16 progress or its status under subsection (c).’’. 

17 SEC. 304. FULL IMPLEMENTATION. 

18 Section 1116 of the Elementary and Secondary Edu19 cation Act of 1965 (20 U.S.C. 6316) is amended by add20 ing at the end the following: 

21 ‘‘(i) CONDITIONAL IMPLEMENTATION.—Notwith22 standing any other provision of this section, a State edu23 cational agency, local educational agency, or school, as ap24 plicable, may defer the requirements of subsections (b)(7) 


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1 and (8) and subsections (c)(7) and (10) in any fiscal year 

2 for which both of the following apply: 

3 ‘‘(1) The amount appropriated under section 

4 1002(a) for that fiscal year fails to exceed, by at 

5 least $2,500,000,000, the amount appropriated 

6 under that section for the preceding fiscal year. 

7 ‘‘(2) The amount appropriated under section 

8 611(i) of the Individuals with Disabilities Education 

9 Act (42 U.S.C. 1400 et seq.) for that fiscal year 

10 fails to exceed, by at least $2,000,000,000, the 

11 amount appropriated under that section for the pre12 ceding fiscal year.’’. 

13 TITLE IV—NONPUBLIC SCHOOLS 

14 SEC. 401. PARTICIPATION OF CHILDREN ENROLLED IN PRI15 VATE SCHOOLS. 

16 Section 1120 of the Elementary and Secondary Edu17 cation Act of 1965 (20 U.S.C. 6320) is amended— 

18 (1) in subsection (b)(1)(D) by inserting after 

19 ‘‘academically assessed’’ the following: ‘‘(consistent 

20 with subsection (f))’’; and 

21 (2) by adding at the end the following: 

22 ‘‘(f) ACCOUNTABILITY FOR CHILDREN ENROLLED IN

23 PRIVATE SCHOOLS.— 

24 ‘‘(1) IN GENERAL.—Notwithstanding section 

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1 section, children enrolled in private elementary 

2 schools and secondary schools that receive edu3 cational services or other benefits under this part 

4 shall participate in the assessments described under 

5 section 1111(b)(3). 

6 ‘‘(2) REPORTING.— 

7 ‘‘(A) The State educational agency shall 

8 report the results of the assessments taken by 

9 students in private elementary and secondary 

10 schools by grade and subject to— 

11 ‘‘(i) the private elementary or sec12 ondary school that such students attend; 

13 and 

14 ‘‘(ii) the local educational agency in 

15 which the private school is geographically 

16 located in a manner and extent that is con17 sistent with the provisions of section 

18 1111(i) and the function of the local edu19 cational agency under section 1120(b). 

20 ‘‘(B) A private elementary or secondary 

21 school shall report the assessment results re22 ceived from the State educational agency under 

23 subparagraph (A) to the parents of students en24 rolled in such school who receive services under 

25 this part in writing and in the native language 


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1 of the parent in a manner and extent consistent 

2 with the provisions of subsection 1111(i). 

3 ‘‘(3) EFFECTIVENESS OF SERVICES.—Based on 

4 the results of the assessments described under para5 graph (1), a State educational agency may deter6 mine that such services received by children under 

7 this section be ceased in schools when such results, 

8 compared to a comparable cohort of children en9 rolled in a public school in the school district of the 

10 local educational agency, are significantly lower and 

11 such schools do not meet the definition of adequate 

12 yearly progress established by the State in which the 

13 private school is located for 3 or more consecutive 

14 years.’’. 

15 TITLE V—EFFECTIVE DATE AND 

16 REGULATIONS 

17 SEC. 501. EFFECTIVE DATE. 

18 Except as specifically provided in this Act, the 

19 amendments made by this Act shall take effect on the first 

20 July 1 that occurs after the date of the enactment of this 

21 Act. 


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1 SEC. 502. REGULATIONS. 

2 The Secretary of Education shall issue regulations as 

3 necessary to implement the provisions of this Act not later 

4 than 180 days after the date of the enactment of this Act. 

Æ 


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