I 

110TH CONGRESS 

1ST SESSION H. R. 1622 

To provide a waiver from sanctions under the Elementary and Secondary 

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

and schools. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 21, 2007 

Mr. TOM DAVIS of Virginia (for himself, Mr. MORAN of Virginia, Mr. GOODLATTE, Mr. BOUCHER, Mrs. JO ANN DAVIS of Virginia, Mr. GOODE, and 

Mr. WOLF) introduced the following bill; which was referred to the Committee on Education and Labor 

A BILL 

To provide a waiver from sanctions under the Elementary 

and Secondary Education Act of 1965 for certain States, 

local educational agencies, and schools. 

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

3 SECTION 1. WAIVER. 

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

5 held harmless and not subject to the penalties provision 

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

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


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1 corrective action, restructuring, or other sanctions or pen2 alties under section 1116 of the Elementary and Sec3 ondary Education Act of 1965 (20 U.S.C. 6313), or any 

4 other sanctions or penalties relating to academic assess5 ments under the Elementary and Secondary Education 

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

7 school year if the following criteria are met: 

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

9 agency or school, the State within which such local 

10 educational agency or school exists) had 1 or more 

11 approved academic assessment plans for the 2005– 

12 2006 school year. 

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

14 agency or school, the State within which such local 

15 educational agency or school exists) had 1 or more 

16 of such plans subsequently held invalid by the De17 partment of Education for the 2006–2007 school 

18 year. 

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

20 a local educational agency or school, the State within 

21 which such local educational agency or school exists) 

22 certifies, in writing, to the Secretary of Education 

23 that— 

24 (A) the State cannot effectively train its 

25 educators on a new or alternative assessment or 


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1 assessments in place of the assessment or as2 sessments for which the plan or plans were held 

3 invalid by the Department of Education, prior 

4 to the date the assessment or assessments are 

5 to be administered; and 

6 (B) the administration of any new or alter7 native assessment or assessments, in place of 

8 the assessment or assessments for which the 

9 plan or plans were held invalid by the Depart10 ment of Education, in the 2006–2007 school 

11 year is not in the best interest of the public 

12 school system and the children such system 

13 serves. 

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

15 a local educational agency or school, the State within 

16 which such local educational agency or school exists) 

17 certifies, in writing, to the Secretary of Education 

18 that the local educational agency or school failed to 

19 make adequate yearly progress (as described in sec20 tion 1111(b)(2) of the Elementary and Secondary 

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

22 based on academic assessments administered in the 

23 2006–2007 school year or the State would be subject 

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

25 the Elementary and Secondary Education Act of 


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1 1965 (20 U.S.C. 6311(g)) or any other sanctions or 

2 penalties relating to academic assessments under the 

3 Elementary and Secondary Education Act of 1965 

4 (20 U.S.C. 6301 et seq.) for the 2006–2007 school 

5 year solely because the State, local educational agen6 cy, or school meets each of the criteria described in 

7 paragraphs (1) through (3). 

Æ 


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