school to administer the academic as-
sessments in reading or language arts 
required under clause (vii) in each of 
grades 3, 5, and 7; 
‘‘(III) authorize a public elemen-
tary schools or public secondary 
school at the 15th percentile or above 
for mathematics in the State (based 
on the achievement of students for the 
preceding school year in each of 
grades 4, 6, and 8 on the academics 
assessments in mathematics required 
under clause (vii)), to, for the school 
year following the administration of 
such assessments, administer the aca-
demic assessments in mathematics re-
quired under clause (vii) in each of 
grades 4 and 8; 
‘‘(IV) authorize a public elemen-
tary school or public secondary school 
at the 15th percentile or above for 
reading or language arts in the State 
(based on the achievement of students 
for the preceding school year in each 
of grades 3, 5, and 7 on the aca-
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demics assessments in reading or lan-
guage arts required under clause 
(vii)), to, for the school year following 
the administration of such assess-
ments, administer the academic as-
sessments in reading or language arts 
required under clause (vii) in each of 
grades 3 and 7; 
‘‘(V) authorize a public elemen-
tary school or public secondary school 
whose students do not meet the aca-
demic achievement requirements of 
subclause (III) of this clause, but 
which has demonstrated such level of 
progress with respect to the achieve-
ment of students on academic assess-
ments in mathematics required under 
clause (vii), as determined appropriate 
by the Secretary to be authorized to 
administer assessments in mathe-
matics in accordance with subclause 
(III) of this clause, to administer such 
assessments in mathematics in ac-
cordance with such subclause (III); 
and 
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‘‘(VI) authorize a public elemen-
tary school or public secondary school 
whose students do not meet the aca-
demic achievement requirements of 
subclause (IV) of this clause, but 
which has demonstrated such level of 
progress with respect to the achieve-
ment of students on academic assess-
ments in reading or language arts re-
quired under clause (vii), as deter-
mined appropriate by the Secretary to 
be authorized to administer assess-
ments in reading or language arts in 
accordance with subclause (IV) of this 
clause, to administer such assess-
ments in reading or language arts in 
accordance 
with 
such 
subclause 
(IV).’’. 
(b) LIMITED ENGLISH PROFICIENT STUDENTS.— 
Section 1111(b)(2)(C)(v) of the Elementary and Sec-
ondary 
Education 
Act 
of 
1965 
(20 
U.S.C. 
6311(b)(2)(C)(v)) is amended in the matter following item 
(dd), by inserting before the semicolon the following: ‘‘and 
that the achievement of a student with limited English 
proficiency shall not be considered for purposes of such 
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definition for the first 12 months that the student is en-
rolled in a public elementary school or public secondary 
school’’. 
(c) APPLICATION TO WAIVERS.—Section 9401 of the 
Elementary and Secondary Education Act of 1965 (20 
U.S.C. 7861) is amended— 
(1) in subsection (c)— 
(A) by striking ‘‘or’’ at the end of para-
graph (9)(C); 
(B) by striking the period at the end of 
paragraph (10) and inserting ‘‘; or’’; and 
(C) by adding at the end the following: 
‘‘(11) 
the 
requirement 
under 
section 
1111(b)(2)(C)(v) that a student with limited English 
proficiency be excluded from the definition of ade-
quate yearly progress for the first 12 months that 
the student is enrolled in a public elementary school 
or public secondary school.’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(h) OPTIONS
FOR CERTAIN ACADEMIC ASSESS-
MENTS.—A waiver awarded under this section shall not 
prohibit a State educational agency from administering 
academic assessments in accordance with clause (xvi) of 
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section 1111(b)(3)(C) in lieu of the requirements of clause 
(vii) of section 1111(b)(3)(C).’’. 
Æ 
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