I 

111TH CONGRESS 

1ST SESSION H. R. 3384 

To remove the testing provisions in the Elementary and Secondary Education 

Act of 1965. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 29, 2009 

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

on Education and Labor 

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’’. 

6 SEC. 2. AMENDMENTS TO THE ELEMENTARY AND SEC7 ONDARY EDUCATION ACT OF 1965. 

8 Except as otherwise expressly provided, whenever in 

9 this Act an amendment or repeal is expressed in terms 

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


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1 amendment or repeal shall be considered to be made to 

2 a provision of the Elementary and Secondary Education 

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

4 SEC. 3. ELIMINATION OF SCHOOL IMPROVEMENT PROVI5 SIONS. 

6 Section 1003 (20 U.S.C. 6303) is repealed. 

7 SEC. 4. ELIMINATION OF TESTING PROVISIONS FROM 

8 STATE PLANS. 

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

10 (1) in paragraph (1)— 

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

12 and (D)(i)(II); 

13 (B) in subparagraph (D)(i)— 

14 (i) by redesignating subclause (III) as 

15 subclause (II); and 

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

17 subclause (I); 

18 (C) in subparagraph (E) by striking ‘‘sub19 paragraphs (A), (B), and (C)’’ and inserting 

20 ‘‘subparagraph (A)’’; and 

21 (D) by redesignating subparagraphs (C), 

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

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

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

25 (10); 


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1 (3) in paragraph (8)— 

2 (A) in subparagraph (A) by striking ‘‘sec3 tions 1112(c)(1)(D), 1114(b), and 1115(c)’’ 

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

5 and 

6 (B) in subparagraph (C) by striking ‘‘sec7 tions 1114(b)(1)(C) and 1115(c)(3)’’ and in8 serting ‘‘sections 1114(b)(1)(A) and 

9 1115(c)(1)(D)’’; 

10 (4) in paragraph (9) by striking ‘‘that are iden11 tified under section 1116 and’’; and 

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

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

14 (6), respectively. 

15 SEC. 5. ELIMINATION OF TESTING PROVISIONS FROM 

16 LOCAL EDUCATIONAL AGENCY PLANS. 

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

18 (1) by amending subsection (b) to read as fol19 lows: 

20 ‘‘(b) PLAN PROVISIONS.—In order to help low-achiev21 ing children meet challenging achievement academic 

22 standards, each local educational agency plan shall in23 clude— 

24 ‘‘(1) a description of high-quality student aca25 demic assessments, if any, that the local educational 


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1 agency and schools served under this part will use 

2 to identify effectively students who may be at risk 

3 for reading failure or who are having difficulty read4 ing, through the use of screening, diagnostic, and 

5 classroom-based instructional reading assessments, 

6 as defined under section 1208; 

7 ‘‘(2) a description of the strategy the local edu8 cational agency will use to coordinate programs 

9 under this part with programs under title II to pro10 vide professional development for teachers and prin11 cipals, and, if appropriate, pupil services personnel, 

12 administrators, parents and other staff, including 

13 local educational agency level staff in accordance 

14 with sections 1118 and 1119; 

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

16 agency will coordinate and integrate services pro17 vided under this part with other educational services 

18 at the local educational agency or individual school 

19 level, such as— 

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

21 First, Early Reading First, and other preschool 

22 programs, including plans for the transition of 

23 participants in such programs to local elemen24 tary school programs; and 


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1 ‘‘(B) services for children with limited 

2 English proficiency, children with disabilities, 

3 migratory children, neglected or delinquent 

4 youth, Indian children served under part A of 

5 title VII, homeless children, and immigrant 

6 children in order to increase program effective7 ness, eliminate duplication, and reduce frag8 mentation of the instructional program; 

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

10 will be used to select school attendance areas under 

11 section 1113; 

12 ‘‘(5) a description of how teachers, in consulta13 tion with parents, administrators, and pupil services 

14 personnel, in targeted assistance schools under sec15 tion 1115, will identify the eligible children most in 

16 need of services under this part; 

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

18 programs to be conducted by such agency’s schools 

19 under sections 1114 and 1115 and, where appro20 priate, educational services outside such schools for 

21 children living in local institutions for neglected or 

22 delinquent children, and for neglected and delin23 quent children in community day school programs; 

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

25 agency will ensure that migratory children and forVerDate Nov 24 2008 07:05 Aug 04, 2009 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3384.IH H3384

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1 merly migratory children who are eligible to receive 

2 services under this part are selected to receive such 

3 services on the same basis as other children who are 

4 selected to receive services under this part; 

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

6 local educational agency will use funds under this 

7 part to support preschool programs for children, 

8 particularly children participating in Early Reading 

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

10 which services may be provided directly by the local 

11 educational agency or through a subcontract with 

12 the local Head Start agency designated by the Sec13 retary of Health and Human Services under section 

14 641 of the Head Start Act, or an agency operating 

15 an Even Start program, an Early Reading First; 

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

17 agency will meet the requirements of section 1119; 

18 ‘‘(10) a description of the services the local edu19 cational agency will provide homeless children, in20 cluding services provided with funds reserved under 

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

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

23 educational agency will use to implement effective 

24 parental involvement under section 1118; and 


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

2 the local educational agency will use funds under 

3 this part to support after school (including before 

4 school and summer school) and school-year extension 

5 programs.’’. 

6 (2) in subsection (c)(1)— 

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

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

9 (B) by redesignating subparagraphs (E), 

10 (F), (G), (H), (I), (J), and (L) as subpara11 graphs (C), (D), (E), (F), (G), (H), and (I), re12 spectively. 

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

14 (2) to read as follows: 

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

16 shall approve a local educational agency’s plan only 

17 if the State educational agency determines that the 

18 local educational agency’s plan meets the require19 ments of this section.’’. 

20 (4) in subsection (g)— 

21 (A) by striking paragraph (4); 

22 (B) by redesignating paragraph (5) as 

23 paragraph (4); and 

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

25 follows: 


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

2 using funds under this part to provide a language 

3 instruction educational program as determined in 

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

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

6 parents of a limited English proficient child identi7 fied for participation or participating in, such a pro8 gram of— 

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

10 their child as limited English proficient and in 

11 need of placement in a language instruction 

12 educational program; 

13 ‘‘(B) the child’s level of English pro14 ficiency, how such level was assessed, and the 

15 status of the child’s academic achievement; 

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

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

18 participating, and the methods of instruction 

19 used in other available programs, including how 

20 such programs differ in content, instructional 

21 goals, and the use of English and a native lan22 guage in instruction; 

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

24 is, or will be participating, will meet the edu25 cational strengths and needs of their child; 


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1 ‘‘(E) how such program will specifically 

2 help their child learn English, and meet age-ap3 propriate academic achievement standards for 

4 grade promotion and graduation; 

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

6 program, including the expected rate of transi7 tion from such program into classrooms that 

8 are not tailored for limited English proficient 

9 children, and the expected rate of graduation 

10 from secondary school for such program if 

11 funds under this part are used for children in 

12 secondary schools; 

13 ‘‘(G) in the case of a child with a dis14 ability, how such program meets the objectives 

15 of the individualized education program of the 

16 child; and 

17 ‘‘(H) information pertaining to parental 

18 rights that includes written guidance— 

19 ‘‘(i) detailing— 

20 ‘‘(I) the right that parents have 

21 to have their child immediately re22 moved from such program upon their 

23 request; and 

24 ‘‘(II) the options that parents 

25 have to decline to enroll their child in 


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1 such program or to choose another 

2 program or method of instruction, if 

3 available; and 

4 ‘‘(ii) assisting parents in selecting 

5 among various programs and methods of 

6 instruction, if more than one program or 

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

8 SEC. 6. ELIMINATION OF TESTING PROVISIONS FROM 

9 SCHOOLWIDE PROGRAMS. 

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

11 (1) in paragraph (1)— 

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

13 (H), and (I); and 

14 (B) by redesignating subparagraphs (C), 

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

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

17 (2) in paragraph (2)(A)— 

18 (A) by striking ‘‘or other technical assist19 ance provider under section 1117’’; 

20 (B) by striking clause (iv); 

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

22 (ii); and 

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

24 inserting a period; and 


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

2 after considering the recommendation of the tech3 nical assistance providers under section 1117,’’. 

4 SEC. 7. ELIMINATION OF TESTING PROVISIONS FROM TAR5 GETED ASSISTANCE SCHOOLS. 

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

7 read as follows: 

8 ‘‘(c) COMPONENTS OF A TARGETED ASSISTANCE

9 SCHOOL PROGRAM.—To assist targeted assistance schools 

10 and local educational agencies to meet their responsibility 

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

12 opportunity to meet the State’s challenging student aca13 demic achievement standards in subjects as determined by 

14 the State, each targeted assistance program under this 

15 section shall— 

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

17 under this part is incorporated into existing school 

18 planning; 

19 ‘‘(2) use effective methods and instructional 

20 strategies that are based on scientifically based re21 search that strengthens the core academic program 

22 of the school and that— 

23 ‘‘(A) give primary consideration to pro24 viding extended learning time, such as an exVerDate Nov 24 2008 07:05 Aug 04, 2009 Jkt 079200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3384.IH H3384

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1 tended school year, before- and after-school, 

2 and summer programs and opportunities; 

3 ‘‘(B) help provide an accelerated, high4 quality curriculum, including applied learning; 

5 and 

6 ‘‘(C) minimize removing children from the 

7 regular classroom during regular school hours 

8 for instruction provided under this part; 

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

10 education program, which may include services to 

11 assist preschool children in the transition from early 

12 childhood programs such as Head Start, Even Start, 

13 Early Reading First or State-run preschool pro14 grams to elementary school programs; 

15 ‘‘(4) provide instruction by highly qualified 

16 teachers; 

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

18 section 1119, provide opportunities for professional 

19 development with resources provided under this part, 

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

21 for teachers, principals, and paraprofessionals, in22 cluding, if appropriate, pupil services personnel, par23 ents, and other staff, who work with participating 

24 children in programs under this section or in the 

25 regular education program; 


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1 ‘‘(6) provide strategies to increase parental in2 volvement in accordance with section 1118, such as 

3 family literacy services; and 

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

5 and local services and programs, including programs 

6 supported under this Act, violence prevention pro7 grams, nutrition programs, housing programs, Head 

8 Start, adult education, vocational and technical edu9 cation, and job training.’’. 

10 SEC. 8. ELIMINATION OF ACADEMIC ASSESSMENT AND 

11 LOCAL EDUCATIONAL AGENCY AND SCHOOL 

12 IMPROVEMENT. 

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

14 SEC. 9. ELIMINATION OF SCHOOL SUPPORT AND RECOGNI15 TION. 

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

17 SEC. 10. CONFORMING AMENDMENTS. 

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

19 is amended— 

20 (1) in subsection (c)— 

21 (A) in paragraph (3) by striking ‘‘the re22 sponsibilities of the State under sections 1116 

23 and 1117, including carrying out’’; 

24 (B) in paragraph (4) by striking ‘‘, tech25 nical assistance under section 1117,’’; and 


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

2 will fulfill the State educational agency’s re3 sponsibilities regarding local educational agency 

4 improvement and school improvement under 

5 section 1116, including such corrective actions 

6 as are necessary;’’; and 

7 (2) in subsection (h)— 

8 (A) in paragraph (1)— 

9 (i) in subparagraph (C)— 

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

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

12 (II) by redesignating clauses (v) 

13 and (viii) as clauses (i) and (ii), re14 spectively; and 

15 (ii) in subparagraph (D)(vii) by strik16 ing ‘‘, consistent with subsection (b)(2),’’; 

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

18 clause (i) to read as follows: 

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

20 agency information that shows how stu21 dents served by the local educational agen22 cy achieved on the statewide academic as23 sessment compared to students in the 

24 State as a whole; and’’; and 

25 (C) in paragraph (4)— 


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1 (i) by striking subparagraphs (A), 

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

3 (ii) by redesignating subparagraphs 

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

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

6 (b) ELIGIBLE SCHOOL ATTENDANCE AREAS.—Sec7 tion 1113(c) (20 U.S.C. 6313(c)) is amended by striking 

8 paragraph (4). 

9 (c) PARENTAL INVOLVEMENT.—Section 

10 1118(a)(2)(A) (20 U.S.C. 1118(a)(2)(A)) is amended by 

11 striking ‘‘, and the process of school review and improve12 ment under section 1116’’. 

13 (d) QUALIFICATIONS FOR TEACHERS AND PARA14 PROFESSIONALS.—Section 1119(k) (20 U.S.C. 6319(k)) 

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

16 not apply with respect to requirements under section 

17 1116(c)(3)’’. 

18 (e) FORMULA GRANTS TO STATE EDUCATIONAL

19 AGENCIES.—Section 1202 (20 U.S.C. 6362) is amend20 ed— 

21 (1) in subsection (c)— 

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

23 follows: 

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

25 distributing subgrant funds under this subsection, 


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1 an eligible local educational agency shall provide 

2 funds only to schools that both are among the 

3 schools served by that eligible local educational agen4 cy with the highest percentages or numbers of stu5 dents in kindergarten through grade 3 reading below 

6 grade level, based on the most currently available 

7 data and have the highest percentages or numbers 

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

9 (B) in paragraph (7)(A)— 

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

11 (ii) by redesignating clause (vii) as 

12 clause (vi); 

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

14 significantly increased the percentages of students 

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

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

17 (3) in subsection (e)(1)(B) by striking ‘‘, sig18 nificantly increased the percentages of students de19 scribed in section 1111(b)(2)(C)(v)(II) who are read20 ing at grade level or above,’’. 

21 (f) TARGETED ASSISTANCE GRANTS.—Section 

22 1204(a) (20 U.S.C. 6364(a)) is amended to read as fol23 lows: 

24 ‘‘(a) ELIGIBILITY CRITERIA FOR AWARDING TAR25 GETED ASSISTANCE GRANTS TO STATES.—Beginning 


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1 with fiscal year 2004, from funds appropriated under sec2 tion 1202(b)(1)(E), the Secretary shall make grants, on 

3 a competitive basis, to those State educational agencies 

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

5 schools receiving funds under section 1202 are improving 

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

7 on screening, diagnostic, and classroom-based instruc8 tional reading assessments.’’. 

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

10 6368(1)(B)) is amended— 

11 (1) by striking clause (ii); 

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

13 and 

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

15 (h) COORDINATION OF MIGRANT EDUCATION ACTIVI16 TIES.—Section 1308(b)(2)(A)(ii) is amended by striking 

17 ‘‘, credit accrual, and results from State assessments re18 quired under section 1111(b)’’ and inserting ‘‘, and credit 

19 accrual’’. 

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

21 is amended— 

22 (1) in subsection (a)(2)— 

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

24 and 


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1 (B) by redesignating subparagraphs (J), 

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

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

4 (2) in subsection (c)(2)— 

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

6 (B) by redesignating subparagraph (F) as 

7 subparagraph (E). 

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

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

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

11 awarding subgrants under this part, shall give priority to 

12 local educational agencies or consortia that demonstrate 

13 a commitment to assist schools with budget allocation, 

14 professional development, and other strategies necessary 

15 to ensure the comprehensive school reforms are properly 

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

17 (k) LOCAL APPLICATIONS AND NEEDS ASSESS18 MENT.—Section 2122(b)(3) (20 U.S.C. 6622(b)(3)) is 

19 amended— 

20 (1) by striking subparagraph (C); 

21 (2) by inserting ‘‘or’’ at the end of subpara22 graph (A); and 

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

24 inserting a period. 


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

2 amended to read as follows: 

3 ‘‘SEC. 2131. DEFINITION. 

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

5 means an entity that— 

6 ‘‘(1) shall include— 

7 ‘‘(A) a private or State institution of high8 er education and the division of the institution 

9 that prepares teachers and principals; 

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

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

12 and 

13 ‘‘(2) may include another local educational 

14 agency, a public charter school, an elementary school 

15 or secondary school, an educational service agency, 

16 a nonprofit educational organization, another insti17 tution of higher education, a school of arts and 

18 sciences within such an institution, the division of 

19 such an institution that prepares teachers and prin20 cipals, a nonprofit cultural organization, an entity 

21 carrying out a prekindergarten program, a teacher 

22 organization, a principal organization, or a busi23 ness.’’. 

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1 ed by striking ‘‘, and has failed to make adequate yearly 

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

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

4 6753(3)(B)) is amended to read as follows: 

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

6 in acquiring and using technology.’’. 

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

8 (20 U.S.C. 6764(b)(3)(A)) is amended by striking ‘‘, or 

9 schools identified under section 1116,’’. 

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

11 6812(8)) is amended to read as follows: 

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

13 educational agencies, and schools accountable for in14 creases in English proficiency and core academic 

15 content knowledge of limited English proficient chil16 dren by requiring demonstrated improvements in the 

17 English proficiency of limited English proficient chil18 dren each fiscal year; and’’. 

19 (q) FORMULA GRANTS TO STATES.—Section 

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

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

22 ‘‘section 1111(b)(4)’’. 

23 (r) STATE AND SPECIALLY QUALIFIED AGENCY

24 PLANS.—Section 3113(b) (20 U.S.C. 6823(b)) is amend25 ed— 


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

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

3 1111(b)(4)’’; and 

4 (2) in paragraph (5)— 

5 (A) by striking subparagraph (B); 

6 (B) by inserting ‘‘and’’ at the end of sub7 paragraph (A); and 

8 (C) by redesignating subparagraph (C) as 

9 subparagraph (B). 

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

11 6826(b)(3)) is amended— 

12 (1) by striking subparagraph (B); 

13 (2) by inserting ‘‘and’’ at the end of subpara14 graph (A); and 

15 (3) by redesignating subparagraph (C) as sub16 paragraph (B). 

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

18 is amended— 

19 (1) in subsection (c)(1)— 

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

21 (B) by inserting ‘‘and’’ at the end of sub22 paragraph (B); and 

23 (2) in subsection (d)— 

24 (A) by striking paragraph (2); 


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1 (B) by inserting ‘‘and’’ at the end of para2 graph (1); and 

3 (C) by redesignating paragraph (3) as 

4 paragraph (2). 

5 (u) ACHIEVEMENT OBJECTIVES AND ACCOUNT6 ABILITY.—Section 3122(a)(3) (20 U.S.C. 6842(a)(3)) is 

7 amended to read as follows: 

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

9 achievement objectives shall include— 

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

11 the number or percentage of children making 

12 progress in learning English; and 

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

14 the number or percentage of children attaining 

15 English proficiency by the end of each school 

16 year, as determined by a valid and reliable as17 sessment of English proficiency consistent with 

18 section 1111(b)(4).’’. 

19 (v) LOCAL COMPETITIVE GRANT PROGRAM.—Section 

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

21 follows: 

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

23 part, a State educational agency shall give priority 

24 to applications submitted jointly by eligible entities 

25 consisting of not less than 1— 


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1 ‘‘(A) local educational agency receiving 

2 funds under part A of title I; and 

3 ‘‘(B) community-based organization or 

4 other public or private entity.’’. 

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

6 U.S.C. 7215(a)) is amended— 

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

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

9 (12), (13), (14), (15), (16), (17), (18), (19), (20), 

10 (21), (22), (23), (24), (25) and (26) as paragraphs 

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

12 (18), (19), (20), (21), (22), (23), (24), and (25), re13 spectively. 

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

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

16 5131(a)(23)’’ and inserting ‘‘section 5131(a)(22)’’. 

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

18 7225e(b)(3)) is amended by striking ‘‘, particularly stu19 dents who move from schools identified under section 1116 

20 to schools not so identified,’’. 

21 (z) GRANTS FOR STATE ASSESSMENTS AND RE22 LATED ACTIVITIES.—Section 6111(2)(B) (20 U.S.C. 

23 7301(2)(B)) is amended by striking ‘‘section 1111(b)(7)’’ 

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


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1 (aa) GRANTS FOR ENHANCED ASSESSMENT INSTRU2 MENTS.—Section 6112(a)(1) (20 U.S.C. 7301a(a)(1)) is 

3 amended by striking ‘‘beyond the requirements for such 

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

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

6 7301b(b)(1)) is amended by striking ‘‘that are equal to 

7 or less than the amount described in section 

8 1111(b)(3)(D)’’. 

9 (cc) TRANSFERABILITY OF FUNDS.—Section 

10 6123(b)(1) (20 U.S.C. 7305b(b)(1)) is amended— 

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

12 local educational agency identified for improvement 

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

14 under section 1116(c)(9))’’; 

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

16 (3) by redesignating subparagraph (C) as sub17 paragraph (B). 

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

19 (20 U.S.C. 7315(c)(1)(A)) is amended to read as follows: 

20 ‘‘(A) information demonstrating, to the 

21 satisfaction of the Secretary, that the grant of 

22 authority offers substantial promise of aligning 

23 State and local reforms and assisting the local 

24 educational agencies that enter into perform25 ance agreements with the State educational 


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1 agency under paragraph (2) in making such 

2 adequate yearly progress;’’. 

3 (ee) ACCOUNTABILITY FOR ADEQUATE YEARLY

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

5 to read as follows: 

6 ‘‘SEC. 6161. ACCOUNTABILITY FOR ADEQUATE YEARLY 

7 PROGRESS. 

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

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

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

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

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

13 the Secretary shall annually, starting with the beginning 

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

15 for which such plans were implemented, review whether 

16 the State has met its annual measurable achievement ob17 jectives under section 3122(a).’’. 

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

19 7325a) is amended by striking ‘‘on data from the State 

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

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

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

23 ‘‘(a) PROVISION OF ASSISTANCE.—Based on the re24 views described in section 6161, the Secretary may provide 

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


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1 annual measurable achievement objectives under section 

2 3122(a) for 2 consecutive years. The Secretary shall pro3 vide such assistance not later than the beginning of the 

4 first school year that begins after such determination is 

5 made. 

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

7 described in subsection (a) shall be valid, reliable and rig8 orous and meet the annual measurable achievement objec9 tives under section 3122(a).’’. 

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

11 U.S.C. 7325c) is amended— 

12 (1) by striking paragraph (1); 

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

14 6161(2)’’ and inserting ‘‘section 6161’’; and 

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

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

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

18 7345b) is repealed. 

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

20 7351c) is amended by striking subsections (d) and (e). 

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

22 U.S.C. 7801(25)(D)) is amended— 

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

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

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


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

2 7914(b)) is amended by striking ‘‘section 1116 of title I 

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

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

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

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

7 SEC. 11. TABLE OF CONTENTS AMENDMENTS. 

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

9 6213 in the table of contents are repealed. 

10 SEC. 12. EFFECTIVE DATE. 

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

12 shall take effect August 1, 2010. 

Æ 


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