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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2542 Introduced in Senate (IS)]

108th CONGRESS
  2d Session
                                S. 2542

 To provide for review of determinations on whether schools and local 
 educational agencies made adequate yearly progress for the 2002-2003 
   school year taking into consideration subsequent regulations and 
  guidance applicable to those determinations, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 17, 2004

  Mr. Kennedy (for himself and Mr. Edwards) introduced the following 
  bill; which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL

 
 To provide for review of determinations on whether schools and local 
 educational agencies made adequate yearly progress for the 2002-2003 
   school year taking into consideration subsequent regulations and 
  guidance applicable to those determinations, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``No Child Left Behind Fairness Act of 
2004''.

SEC. 2. REVIEW OF ADEQUATE YEARLY PROGRESS DETERMINATIONS FOR SCHOOLS 
              FOR THE 2002-2003 SCHOOL YEAR.

    (a) In General.--The Secretary shall require each local educational 
agency to provide each school served by the agency with an opportunity 
to request a review of a determination by the agency that the school 
did not make adequate yearly progress for the 2002-2003 school year.
    (b) Final Determination.--Not later than 30 days after receipt of a 
request by a school for a review under this section, a local 
educational agency shall issue and make publicly available a final 
determination on whether the school made adequate yearly progress for 
the 2002-2003 school year.
    (c) Evidence.--In conducting a review under this section, a local 
educational agency shall--
            (1) allow the principal of the school involved to submit 
        evidence on whether the school made adequate yearly progress 
        for the 2002-2003 school year; and
            (2) consider that evidence before making a final 
        determination under subsection (b).
    (d) Standard of Review.--In conducting a review under this section, 
a local educational agency shall revise, consistent with the applicable 
State plan under section 1111 of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 6311), the local educational agency's original 
determination that a school did not make adequate yearly progress for 
the 2002-2003 school year if the agency finds that the school made such 
progress taking into consideration--
            (1) the amendments made to part 200 of title 34 of the Code 
        of Federal Regulations on December 9, 2003 (68 Fed. Reg. 68698) 
        (relating to accountability for the academic achievement of 
        students with the most significant cognitive disabilities); or
            (2) any regulation or guidance that, subsequent to the date 
        of such original determination, was issued by the Secretary 
        relating to--
                    (A) the assessment of limited English proficient 
                children;
                    (B) the inclusion of limited English proficient 
                children as part of the subgroup described in section 
                1111(b)(2)(C)(v)(II)(dd) of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 
                6311(b)(2)(C)(v)(II)(dd)) after such children have 
                obtained English proficiency; or
                    (C) any requirement under section 1111(b)(2)(I)(ii) 
                of the Elementary and Secondary Education Act of 1965 
                (20 U.S.C. 6311(b)(2)(I)(ii)).
    (e) Effect of Revised Determination.--
            (1) In general.--If pursuant to a review under this section 
        a local educational agency determines that a school made 
        adequate yearly progress for the 2002-2003 school year, upon 
        such determination--
                    (A) any action by the Secretary, the State 
                educational agency, or the local educational agency 
                that was taken because of a prior determination that 
                the school did not make such progress shall be 
                terminated; and
                    (B) any obligations or actions required of the 
                local educational agency or the school because of the 
                prior determination shall cease to be required.
            (2) Exceptions.--Notwithstanding paragraph (1), a 
        determination under this section shall not affect any 
        obligation or action required of a local educational agency or 
        school under the following:
                    (A) Section 1116(b)(13) of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 6316(b)(13)) 
                (requiring a local educational agency to continue to 
                permit a child who transferred to another school under 
                such section to remain in that school until completion 
                of the highest grade in the school).
                    (B) Section 1116(e)(8) of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 6316(e)(8)) 
                (requiring a local educational agency to continue to 
                provide supplemental educational services under such 
                section until the end of the school year).
            (3) Subsequent determinations.--In determining whether a 
        school is subject to school improvement, corrective action, or 
        restructuring as a result of not making adequate yearly 
        progress, the Secretary, a State educational agency, or a local 
        educational agency may not take into account a determination 
        that the school did not make adequate yearly progress for the 
        2002-2003 school year if such determination was revised under 
        this section and the school received a final determination of 
        having made adequate yearly progress for the 2002-2003 school 
        year.
    (f) Notification.--The Secretary--
            (1) shall require each State educational agency to notify 
        each school served by the agency of the school's ability to 
request a review under this section; and
            (2) not later than 30 days after the date of the enactment 
        of this section, shall notify the public by means of the 
        Department of Education's website of the review process 
        established under this section.

SEC. 3. REVIEW OF ADEQUATE YEARLY PROGRESS DETERMINATIONS FOR LOCAL 
              EDUCATIONAL AGENCIES FOR THE 2002-2003 SCHOOL YEAR.

    (a) In General.--The Secretary shall require each State educational 
agency to provide each local educational agency in the State with an 
opportunity to request a review of a determination by the State 
educational agency that the local educational agency did not make 
adequate yearly progress for the 2002-2003 school year.
    (b) Application of Certain Provisions.--Except as inconsistent 
with, or inapplicable to, this section, the provisions of section 2 
shall apply to review by a State educational agency of a determination 
described in subsection (a) in the same manner and to the same extent 
as such provisions apply to review by a local educational agency of a 
determination described in section 2(a).

SEC. 4. DEFINITIONS.

    In this Act:
            (1) The term ``adequate yearly progress'' has the meaning 
        given to that term in section 1111(b)(2)(C) of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)).
            (2) The term ``local educational agency'' means a local 
        educational agency (as that term is defined in section 9101 of 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801)) receiving funds under part A of title I of such Act (20 
        U.S.C. 6311 et seq.).
            (3) The term ``Secretary'' means the Secretary of 
        Education.
            (4) The term ``school'' means an elementary school or a 
        secondary school (as those terms are defined in section 9101 of 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801)) served under part A of title I of such Act (20 U.S.C. 
        6311 et seq.).
            (5) The term ``State educational agency'' means a State 
        educational agency (as that term is defined in section 9101 of 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801)) receiving funds under part A of title I of such Act (20 
        U.S.C. 6311 et seq.).
                                 <all>
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