I 
112TH CONGRESS 
1ST SESSION H. R. 1419 
To improve the calculation of, the reporting of, and the accountability for, 
secondary school graduation rates. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 7, 2011 
Mr. SCOTT of Virginia (for himself, Mr. HINOJOSA, Mr. JACKSON of Illinois, 
Mr. GRIJALVA, Mr. PAYNE, Mr. DAVIS of Illinois, Ms. MOORE, and Mr. 
CLARKE of Michigan) introduced the following bill; which was referred to 
the Committee on Education and the Workforce 
A BILL 
To improve the calculation of, the reporting of, and the 
accountability for, secondary school graduation rates. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Every Student Counts 
Act’’. 
SEC. 2. FINDINGS. 
Congress makes the following findings: 
(1) In order for the United States to retain a 
competitive edge in the world economy, it is essential 
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that youth in the United States be prepared for the 
jobs of today and for the jobs of the future. Such 
jobs increasingly require a postsecondary education, 
and according to a 2008 Department of Labor re-
port, almost 90 percent of the fastest growing and 
best paying jobs require some postsecondary edu-
cation. 
(2) Individuals without a regular secondary 
school diploma experience higher rates of unemploy-
ment, incarceration, poverty, and receipt of public 
assistance than individuals with a regular secondary 
school diploma. 
(3) According to the 2009 Center for Public 
Education report ‘‘Better late than never? Exam-
ining late high school graduates’’, on-time gradua-
tion with a regular secondary school diploma leads 
to the best outcomes for students, but students who 
graduate late with a regular secondary school di-
ploma are still more likely to earn an associate or 
a baccalaureate degree, to be employed full-time, 
and to obtain a job with retirement benefits and 
health insurance than are either students who drop 
out of secondary school or students who receive a 
GED. 
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(4) About 1,300,000 secondary school students, 
which is approximately 1⁄3 of all secondary school 
students in the United States, fail to graduate with 
their peers every year. According to the Department 
of Education, the United States secondary school 
graduation rate is only 75 percent. 
(5) The graduation rates for historically dis-
advantaged minority groups are far lower than that 
of their White peers. Little more than half of all Af-
rican-American and Hispanic students finish sec-
ondary school on time with a regular secondary 
school diploma, while more than 3⁄4 of White stu-
dents finish secondary school on time with a regular 
secondary school diploma. 
(6) Nearly 2,000 secondary schools (about 12 
percent of all secondary schools in the United 
States) produce about half of the Nation’s secondary 
school dropouts. In these schools, the number of sen-
iors is routinely 60 percent or less than the number 
of freshmen 3 years earlier. While 34 percent of the 
Nation’s African-American students and nearly 28 
percent of Latino students attend these dropout fac-
tories, only 16 percent of White students do. 
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(7) The average gap between State-reported 
graduation rates and independently-reported gradua-
tion rates is approximately 11 percent. 
(8) In 2005, all 50 of the Nation’s Governors 
signed the National Governors Association’s Gradua-
tion Rate Compact, pledging to use a common, accu-
rate graduation rate. 
(9) In 2008, the Secretary of Education re-
leased final regulations that also require States to 
report a common graduation rate calculation. How-
ever, since the Department of Education did not 
specify in the regulations what graduation rate goals 
and growth targets are appropriate and how States 
should include 4-year rates and extended year rates 
in calculating adequate yearly progress, it is nec-
essary to clarify these goals, targets and rates in 
order to create a meaningful Federal accountability 
system for secondary schools. 
(10) State-set targets to make adequate yearly 
progress under the Secretary of Education’s 2008 
regulations are numerous in type and varied in ag-
gressiveness. Twenty-eight States have set a gradua-
tion rate goal of less than 90 percent. At least 8 
States have set status targets that do not take into 
consideration progress toward the State-set goal. 
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Furthermore, only 2 of the 9 States that include ex-
tended year rates in measures of adequate yearly 
progress do so in a way that places a priority on 
graduating students within 4 years. 
(11) The most accurate graduation rate calcula-
tions rely on high-quality longitudinal data systems 
that track individual student data from the time a 
student enters kindergarten through the time such 
student is in grade 12. Forty-eight States plan to 
have data systems that will provide secondary school 
data that will allow such States to use the gradua-
tion rate formula specified in the Department of 
Education’s 2008 final regulations not later than the 
2011–2012 school year. 
(12) An accountability system with meaningful 
graduation rate goals— 
(A) holds schools, school districts, and 
States responsible for both student achievement 
and outcomes; and 
(B) ensures that low-performing students 
are not unnecessarily held back or encouraged 
to leave school without a diploma. 
(13) Prior to the 2008 regulations, the amend-
ments to the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 6301 et seq.) made by the 
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No Child Left Behind Act of 2001 (Public Law 
107–110) did not require consistent calculations, 
meaningful goals, or disaggregation of graduation 
rates. Without clear guidance from the Department 
of Education, most secondary schools can continue 
to make adequate yearly progress by making as little 
as 0.1 percent improvement or less in secondary 
school graduation rates each year and can do so 
with a consistent, or even growing, secondary school 
graduation gap among subgroups of students. 
SEC. 3. PURPOSES. 
The purposes of this Act are— 
(1) to require consistent calculations and re-
porting of secondary school graduation rates across 
schools, school districts, and States; 
(2) to provide educators with critical informa-
tion about student progress toward secondary school 
graduation; and 
(3) to ensure meaningful accountability for the 
improvement of secondary school graduation rates 
for all students, particularly such rates for poor and 
minority students. 
SEC. 4. SECONDARY SCHOOL GRADUATION RATES. 
Subpart 1 of part A of title I of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 6311 et 
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seq.) is amended by inserting after section 1111 (20 
U.S.C. 6311) the following: 
‘‘SEC. 1111A. SECONDARY SCHOOL GRADUATION RATES. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) ADJUSTED COHORT; ENTERING COHORT; 
TRANSFERRED INTO; TRANSFERRED OUT.— 
‘‘(A) ADJUSTED COHORT.—Subject to sub-
paragraphs (D)(ii) through (G), the term ‘ad-
justed cohort’ means the difference of— 
‘‘(i) the sum of— 
‘‘(I) the entering cohort; plus 
‘‘(II) any students that trans-
ferred into the cohort in any of grades 
9 through 12; minus 
‘‘(ii) any students that are removed 
from the cohort as described in subpara-
graph (E). 
‘‘(B) ENTERING COHORT.—The term ‘en-
tering cohort’ means the number of first-time 
9th graders enrolled in the secondary school 1 
month after the start of the secondary school’s 
academic year. 
‘‘(C) 
TRANSFERRED
INTO.—The 
term 
‘transferred into’ when used with respect to a 
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secondary school student, means a student 
who— 
‘‘(i) was a first-time 9th grader dur-
ing the same school year as the entering 
cohort; and 
‘‘(ii) enrolls after the entering cohort 
is calculated as described in subparagraph 
(B). 
‘‘(D) TRANSFERRED OUT.— 
‘‘(i) IN GENERAL.—The term ‘trans-
ferred out’ when used with respect to a 
secondary school student, means a student 
who the secondary school or local edu-
cational agency has confirmed has trans-
ferred— 
‘‘(I) to another school from which 
the student is expected to receive a 
regular secondary school diploma; or 
‘‘(II) to another educational pro-
gram from which the student is ex-
pected to receive a regular secondary 
school diploma. 
‘‘(ii) 
CONFIRMATION
REQUIRE-
MENTS.— 
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‘‘(I) 
DOCUMENTATION
RE-
QUIRED.—The confirmation of a stu-
dent’s transfer to another school or 
educational 
program 
described 
in 
clause 
(i) 
requires 
documentation 
from the receiving school or program 
that the student enrolled in the receiv-
ing school or program. 
‘‘(II) LACK OF CONFIRMATION.— 
A student who was enrolled, but for 
whom there is no confirmation of the 
student having transferred out, shall 
remain in the cohort as a nongraduate 
for reporting and accountability pur-
poses under this section. 
‘‘(iii) 
PROGRAMS
NOT
PROVIDING 
CREDIT.—A student enrolled in a GED or 
other alternative educational program that 
does not issue or provide credit toward the 
issuance of a regular secondary school di-
ploma shall not be considered transferred 
out. 
‘‘(E) COHORT
REMOVAL.—To remove a 
student from a cohort, a school or local edu-
cational agency shall require documentation to 
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confirm that the student has transferred out, 
emigrated to another country, or is deceased. 
‘‘(F) TREATMENT
OF
OTHER
LEAVERS 
AND WITHDRAWALS.—A student who was re-
tained in a grade, enrolled in a GED program, 
aged-out of a secondary school or secondary 
school program, or left secondary school for any 
other reason, including expulsion, shall not be 
considered transferred out, and shall remain in 
the adjusted cohort. 
‘‘(G) SPECIAL RULE.—For those secondary 
schools that start after grade 9, the entering 
cohort shall be calculated 1 month after the 
start of the secondary school’s academic year in 
the earliest secondary school grade at the sec-
ondary school. 
‘‘(2) ALTERNATIVE EDUCATIONAL SETTING.— 
The term ‘alternative educational setting’ means— 
‘‘(A) a secondary school or secondary 
school educational program that— 
‘‘(i) is designed for students who are 
under-credited or have dropped out of sec-
ondary school; and 
‘‘(ii) awards a regular secondary 
school diploma; or 
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‘‘(B) a secondary school or secondary 
school educational program designed to issue a 
regular secondary school diploma concurrently 
with a postsecondary degree or not more than 
2 years of postsecondary education credit. 
‘‘(3) CUMULATIVE
GRADUATION
RATE.—The 
term ‘cumulative graduation rate’ means, for each 
school year, the percent obtained by calculating the 
product of— 
‘‘(A) the result of— 
‘‘(i) the sum of— 
‘‘(I) the number of students 
who— 
‘‘(aa) form the adjusted co-
hort; and 
‘‘(bb) graduate in 4 years or 
less with a regular secondary 
school diploma (which shall not 
include a GED or other certifi-
cate of completion or alternative 
to a diploma except as provided 
in paragraph (6)(B)); plus 
‘‘(II) the number of additional 
students from previous cohorts who 
graduate in more than 4 years with a 
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regular 
secondary 
school 
diploma 
(which shall not include a GED or 
other certificate of completion or al-
ternative to a diploma except as pro-
vided in paragraph (6)(B)); divided by 
‘‘(ii) the sum of— 
‘‘(I) the number of students who 
form the adjusted cohort for that 
year’s graduating class; plus 
‘‘(II) the number of additional 
student graduates described in clause 
(I)(II); multiplied by 
‘‘(B) 100. 
‘‘(4) 4-YEAR ADJUSTED COHORT GRADUATION 
RATE.—The term ‘4-year adjusted cohort graduation 
rate’ means the percent obtained by calculating the 
product of— 
‘‘(A) the result of— 
‘‘(i) the number of students who— 
‘‘(I) formed the adjusted cohort 4 
years earlier; and 
‘‘(II) graduate in 4 years or less 
with a regular secondary school di-
ploma (which shall not include a GED 
or other certificate of completion or 
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alternative to a diploma except as pro-
vided in paragraph (6)(B)); divided by 
‘‘(ii) the number of students who 
formed the adjusted cohort for that year’s 
graduating class 4 years earlier; multiplied 
by 
‘‘(B) 100. 
‘‘(5) ON-TRACK STUDENT.—The term ‘on-track 
student’ means a student who— 
‘‘(A) has accumulated the number of cred-
its necessary to be promoted to the next grade, 
in accordance with State and local educational 
agency policies; 
‘‘(B) has a 90 percent or higher school at-
tendance rate; 
‘‘(C) has failed not more than 1 semester 
in English or language arts, mathematics, 
science, or social studies; and 
‘‘(D) has failed not more than any 2 cred-
it-bearing courses. 
‘‘(6) 
REGULAR
SECONDARY
SCHOOL
DI-
PLOMA.— 
‘‘(A) IN GENERAL.—The term ‘regular sec-
ondary school diploma’ means the standard sec-
ondary school diploma awarded to the prepon-
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derance of students in the State that is fully 
aligned with State standards, or a higher di-
ploma. Such term shall not include GEDs, cer-
tificates of attendance, or any lesser diploma 
award. 
‘‘(B) SPECIAL RULE.—For a student who 
has a significant cognitive disability and is as-
sessed using an alternate assessment aligned to 
an alternate achievement standard, receipt of a 
regular secondary school diploma or a State-de-
fined alternate diploma aligned with completion 
of the student’s right to a free and appropriate 
public education under the Individuals with 
Disabilities Education Act shall be counted as 
graduating with a regular secondary school di-
ploma for the purposes of this section, except 
that not more than 1 percent of students served 
by the State or local educational agency, as ap-
propriate, shall be counted as graduates with a 
regular secondary school diploma under this 
subparagraph. 
‘‘(7) UNDER-CREDITED
STUDENT.—The term 
‘under-credited student’ means a secondary school 
student who is a year or more behind in the ex-
pected accumulation of credits or courses toward an 
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on-time graduation as determined by the relevant 
local educational agency’s and State educational 
agency’s secondary school graduation requirements 
for an on-time graduation. 
‘‘(b) CALCULATING
AND
REPORTING
ACCURATE 
GRADUATION RATES.— 
‘‘(1) CALCULATING GRADUATION RATES.—Not 
later than school year 2011–2012, and every school 
year thereafter, each State educational agency and 
local educational agency that is assisted under this 
part shall calculate, using a statewide longitudinal 
data system with individual student identifiers for 
each school served by the State or local educational 
agency, as the case may be— 
‘‘(A) the 4-year adjusted cohort graduation 
rate; and 
‘‘(B) the cumulative graduation rate. 
‘‘(2) CALCULATION
AT
SCHOOL, LEA, AND 
STATE LEVELS; DISAGGREGATION AND CROSS TAB-
ULATION.—The 4-year adjusted cohort graduation 
rate and the cumulative graduation rate shall be cal-
culated at the school, local educational agency, and 
State levels in the aggregate and disaggregated and 
cross tabulated by race, ethnicity, gender, disability 
status, migrant status, English proficiency, and sta-
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tus as economically disadvantaged, and made pub-
licly available, except that such disaggregation or 
cross tabulation shall not be required in a case in 
which the number of students in a subgroup is in-
sufficient to yield statistically reliable information or 
the results would reveal personally identifiable infor-
mation about an individual student. 
‘‘(3) STATEWIDE EXIT CODES.—Not later than 
1 year after the enactment of the Every Student 
Counts Act, each State that receives funds under 
this subpart shall— 
‘‘(A) design a statewide exit code system, 
in consultation with local educational agencies; 
‘‘(B) require all local educational agencies 
to use the statewide exit code system; and 
‘‘(C) provide technical assistance and sup-
port to local educational agencies to assist such 
agencies with the implementation of the state-
wide exit code system. 
‘‘(4) REPORTING GRADUATION RATES.—Subject 
to paragraph (5), not later than school year 2011– 
2012, and every school year thereafter, each State 
that is assisted under this part shall ensure that the 
State, all local educational agencies in the State, and 
all secondary schools in the State report annually, as 
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part of the State and local educational agency report 
cards required under section 1111(h), each of the 
following: 
‘‘(A) 4-YEAR ADJUSTED COHORT GRADUA-
TION RATE.—The 4-year adjusted cohort grad-
uation rate, in the aggregate and disaggregated 
by each of the subgroups described in para-
graph (2). 
‘‘(B) 4-YEAR ADJUSTED COHORT SIZE AND 
4-YEAR GRADUATES.—The final number of stu-
dents in the 4-year adjusted cohort and the 
total number of 4-year graduates in the aggre-
gate and disaggregated by each of the sub-
groups described in paragraph (2). 
‘‘(C) CUMULATIVE
GRADUATION
RATE.— 
The cumulative graduation rate, in the aggre-
gate and disaggregated by each of the sub-
groups described in paragraph (2). 
‘‘(D) NUMBER AND PERCENTAGE OF STU-
DENTS GRADUATING IN MORE THAN 4 YEARS.— 
The number and percentage of secondary school 
students graduating in more than 4 years with 
a regular secondary school diploma as described 
in subsection (a)(3)(A)(I)(II), disaggregated by 
the number of years it took the students to 
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graduate and by each of the subgroups de-
scribed in paragraph (2). 
‘‘(E) NUMBER AND PERCENTAGE OF STU-
DENTS REMOVED FROM COHORT.—The number 
and percentage of secondary school students 
who have been removed from the 4-year ad-
justed cohort by exit code (as described in sub-
section 
(b)(3)), 
in 
the 
aggregate 
and 
disaggregated by each of the subgroups de-
scribed in paragraph (2). 
‘‘(F) NUMBER AND PERCENTAGE OF CON-
TINUING STUDENTS.—The number and percent-
age of students from each previous adjusted co-
hort that began 4 years or more earlier who 
have not graduated from and are still enrolled 
in secondary school. 
‘‘(5) USE OF INTERIM GRADUATION RATE.—In 
the case of a State that does not have an individual 
student identifier longitudinal data system, with re-
spect to each graduation rate calculation or report-
ing requirement under this section, the State and 
local educational agencies and secondary schools in 
the State shall temporarily carry out this section by 
using an interim graduation rate calculation that 
meets the following conditions: 
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‘‘(A) NUMBER OF GRADUATES COMPARED 
TO
NUMBER
OF
STUDENTS.—The calculation 
shall measure or estimate the number of sec-
ondary school graduates compared to the num-
ber of students in the secondary school’s enter-
ing grade. 
‘‘(B) DROPOUT
DATA.—The calculation 
shall not use dropout data. 
‘‘(C) REGULAR
SECONDARY
SCHOOL
DI-
PLOMA.—The calculation shall count as grad-
uates only those students who receive a regular 
secondary school diploma. 
‘‘(D) DISAGGREGATION.—The calculation 
shall be disaggregated by each of the subgroups 
described in paragraph (2). 
‘‘(E) ANNUAL
BASIS
AND
RATE
OF 
GROWTH.—The calculation shall be used on an 
annual basis to determine a rate of growth, as 
described in subsection (c). 
‘‘(F) TIMEFRAME
LIMITATION.—The in-
terim graduation rate calculation may only be 
used through the end of school year 2012– 
2013. 
‘‘(G) REPORTING USE OF INTERIM GRAD-
UATION RATE.—Each State that receives assist-
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ance under this part and does not have an indi-
vidual student identifier longitudinal data sys-
tem shall describe in the State’s plan submitted 
under section 1111 the interim graduation rate 
used in accordance with this paragraph. 
‘‘(6) 
REPORTING
ON
ALTERNATIVE
SET-
TINGS.—Not later than school year 2011–2012, and 
every school year thereafter, each State educational 
agency and local educational agency that receives as-
sistance under this part and contains an alternative 
education setting that establishes an alternative 4- 
year completion requirement as described in sub-
section (c)(4)(C)(iii), shall report annually as part of 
the State and local educational agency report cards 
required under section 1111(h), the following: 
‘‘(A) The name of each alternative edu-
cation setting that establishes an alternative 4- 
year completion requirement as described in 
subsection (c)(4)(C)(iii). 
‘‘(B) A description of the program pro-
vided at each setting and the population served. 
‘‘(C) The enrollment of such settings in 
the aggregate and disaggregated by each of the 
subgroups described in paragraph (2), including 
as a percent of overall enrollment. 
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‘‘(D) Whether the setting is a new school 
or setting. 
‘‘(E) The alternative 4-year completion re-
quirement 
as 
described 
in 
subsection 
(c)(4)(C)(iii). 
‘‘(7) REPORTING PERCENT OF ON-TRACK STU-
DENTS.—Not later than school year 2011–2012, and 
every school year thereafter, each State educational 
agency, local educational agency, and school that re-
ceives assistance under this part shall report annu-
ally, as part of the State and local educational agen-
cy report cards required under section 1111(h), the 
percent of on-track students for each secondary 
school grade served by the State educational agency, 
local educational agency, and school, respectively, 
other than the graduating grade for the secondary 
school, in the aggregate and disaggregated by each 
of the subgroups described in paragraph (2). 
‘‘(8) REPORTING ADDITIONAL INDICATORS.— 
‘‘(A) IN GENERAL.—A State may report 
additional complementary indicators of sec-
ondary school completion, such as— 
‘‘(i) a college-ready graduation rate; 
‘‘(ii) a dropout rate; 
‘‘(iii) in-grade retention rates; 
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‘‘(iv) percentages of students receiving 
GEDs, certificates of completion, or alter-
natives to a diploma; 
‘‘(v) average attendance rates in the 
aggregate and disaggregated by each of the 
subgroups described in paragraph (2); and 
‘‘(vi) in the case of a State with exit 
examinations, students who have completed 
course requirements but failed a State ex-
amination required for secondary school 
graduation. 
‘‘(B) DEFINITIONS FOR INDICATORS.—The 
Secretary shall promulgate and publish in the 
Federal Register regulations containing defini-
tions for the indicators described in clauses (i), 
(ii), and (iii) of subparagraph (A) that are con-
sistent with the definitions used by the National 
Center for Educational Statistics, in order to 
ensure that the indicators are comparable 
across schools and school districts within a 
State. 
‘‘(C) PROHIBITION.—For purposes of re-
porting or accountability under this section, the 
additional indicators shall not replace the 4- 
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year adjusted cohort graduation rate or the cu-
mulative graduation rate. 
‘‘(D) RULE OF CONSTRUCTION.—Nothing 
in this Act shall be construed to prohibit a 
State from reporting indicators of secondary 
school completion that are not described in sub-
paragraph (A). 
‘‘(9) DATA ANOMALIES.— 
‘‘(A) IN
GENERAL.—When an individual 
student record indicates a student was enrolled 
in more than 1 secondary school or a student 
record shows enrollment in a secondary school 
but no subsequent information, such student 
record shall be assigned to 1 adjusted cohort 
for the purposes of calculating and reporting 
school, local educational agency, and State 4- 
year adjusted cohort graduation rates and cu-
mulative graduation rates under this sub-
section. 
‘‘(B) SPECIAL RULE.—A student who re-
turns to secondary school after dropping out of 
secondary school, or receives a diploma from 
more than 1 school or educational program 
served by any 1 local educational agency, shall 
be counted— 
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‘‘(i) only once for purposes of report-
ing and accountability under this section; 
and 
‘‘(ii) as part of the student’s original 
adjusted cohort. 
‘‘(10) MONITORING
OF
DATA
COLLECTION.— 
Each State that receives assistance under this part 
shall conduct regular audits of the data collection, 
use of exit codes (as described in subsection (b)(3)), 
reporting, and calculations that are carried out by 
local educational agencies in the State. The Sec-
retary shall assist States in their efforts to develop 
and retain the capacity for collection, analysis, and 
public reporting of 4-year adjusted cohort gradua-
tion rate and cumulative graduation rate data. 
‘‘(c) SCHOOL, LOCAL EDUCATIONAL AGENCY, AND 
STATE ACCOUNTABILITY.— 
‘‘(1) GRADUATION
RATE
GOAL.—Each State 
that receives assistance under this part shall— 
‘‘(A) seek to have all students graduate 
from secondary school prepared for success in 
college and career; and 
‘‘(B) meet the graduation rate goal as de-
scribed in this subsection. 
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points per school year, until the 4-year ad-
justed cohort graduation rate or the cumu-
lative graduation rate, in the aggregate 
and for each such subgroup, equals or ex-
ceeds 90 percent. 
‘‘(ii) AYP NOT MADE.—A secondary 
school shall not be considered to have 
made adequate yearly progress under sec-
tion 1111(b)(2) if— 
‘‘(I) the school’s 4-year adjusted 
cohort graduation rate, in the aggre-
gate or for any subgroup described in 
subsection (b)(2), falls below the ini-
tial baseline 4-year adjusted cohort 
over a 4-year period; or 
‘‘(II) fewer than 90 percent of 
the students included in the cumu-
lative graduation rate, in the aggre-
gate or for any subgroup described in 
subsection (b)(2), are students who 
graduate from secondary school in 4 
years. 
‘‘(iii) ALTERNATIVE 4-YEAR COMPLE-
TION
REQUIREMENT.—Notwithstanding 
clause (ii), a secondary school or secondary 
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school educational program that is an al-
ternative education setting may apply to 
the State for a waiver of the requirement 
in clause (ii) that at least 90 percent of the 
students included in the cumulative grad-
uation rate, in the aggregate or for any 
subgroup described in subsection (b)(2), 
are students who graduate from secondary 
school in 4 years if— 
‘‘(I) the secondary school or edu-
cational program submits to the 
State— 
‘‘(aa) a description of the 
secondary school or educational 
program; and 
‘‘(bb) an alternative 4-year 
completion requirement; and 
‘‘(II) the State approves the use 
of the alternative 4-year completion 
requirement for such purposes. 
‘‘(5) DELAYED APPLICABILITY TO SCHOOLS.— 
Paragraphs (2), (3), and (4)(C) shall not apply to 
a secondary school until the beginning of school year 
2012–2013 or, in the case of a State using an in-
terim rate, shall not apply to a secondary school 
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until the first school year after such State adjusts 
its baseline graduation rate as described in para-
graph (4)(B). 
‘‘(d) REPORTING REQUIREMENT.—Not later than 90 
days after the date of enactment of the Every Student 
Counts Act, and annually thereafter, each State edu-
cational agency that receives assistance under this part 
shall submit to the Secretary, and make publicly available, 
a report on the implementation of this section. Such report 
shall include— 
‘‘(1) a description of each category, code, exit 
code, and the corresponding definition that the State 
has authorized for identifying, tracking, calculating, 
and publicly reporting student status; 
‘‘(2) if using an interim graduation rate pursu-
ant to subsection (b)(5), a description of the efforts 
of the State to implement the 4-year adjusted cohort 
graduation rate and the cumulative graduation rate 
and the expected date of implementation, which date 
shall be not later than the school year 2013–2014; 
and 
‘‘(3) the total number of waivers granted in a 
State under subsection (c)(4)(C)(iii), a description of 
each waiver granted, how many students are enrolled 
in secondary schools or secondary school education 
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programs receiving such waivers, and the cumulative 
graduation rates of the secondary schools or sec-
ondary school education programs receiving such 
waivers.’’. 
SEC. 5. AYP CONFORMING AMENDMENTS. 
Section 1111(b)(2)(C) of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)) 
is amended— 
(1) in clause (vi), by striking ‘‘and’’ after the 
semicolon; 
(2) in clause (vii), by striking the period and in-
serting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(viii) complies with the requirements 
of section 1111A.’’. 
Æ 
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