I 
109TH CONGRESS 
1ST SESSION H. R. 1821 
To provide States that meet certain requirements with waivers of the adequate 
yearly progress provisions of the Elementary and Secondary Education 
Act of 1965. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 26, 2005 
Mr. GOODLATTE (for himself, Mr. GOODE, Mr. MORAN of Virginia, Mrs. JO 
ANN DAVIS of Virginia, Mr. BOUCHER, and Mrs. DRAKE) introduced the 
following bill; which was referred to the Committee on Education and the 
Workforce 
A BILL 
To provide States that meet certain requirements with waiv-
ers of the adequate yearly progress provisions of the 
Elementary and Secondary Education Act of 1965. 
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 ‘‘Flexibility for Cham-
pion Schools Act’’.
SEC. 2. STATE WAIVERS. 
Section 1111(b)(2) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6311(b)(2)) is amended 
by adding at the end the following: 
‘‘(L) WAIVERS.— 
‘‘(i) IN
GENERAL.—The Secretary 
shall grant each State that meets the re-
quirements of clause (ii) a waiver of all 
provisions of this Act related to adequate 
yearly progress. 
‘‘(ii) REQUIREMENTS.—The require-
ments referred to in clause (i) are as fol-
lows: 
‘‘(I) The State establishes aca-
demic content standards in reading, 
writing, and mathematics, and tests in 
such subjects— 
‘‘(aa) in reading and mathe-
matics, in grades 3 through 8 
and at least once in secondary 
school; and 
‘‘(bb) in writing, at least 
once in elementary school, middle 
school, and secondary school. 
‘‘(II) The State establishes aca-
demic content standards in the cat-
egories of science, and United States 
history and civics, and tests at least 
once in each such category in elemen-
tary school, middle school, and sec-
ondary school. 
‘‘(III) The State makes available 
to the public the results of all such 
testing, 
in 
the 
aggregate 
and 
disaggregated by groups of students, 
as 
determined 
under 
section 
1111(b)(2)(C)(v)(II) of the Elemen-
tary and Secondary Education Act of 
1965 (except in a case in which the 
number of students in a group is in-
sufficient to yield statistically reliable 
information or the results would re-
veal personally identifiable informa-
tion about an individual student), 
for— 
‘‘(aa) each local educational 
agency located within the State; 
and 
‘‘(bb) 
each 
elementary 
school, middle school, and sec-
ondary school served by such 
local educational agency. 
‘‘(IV) The State sets pass-rate 
goals on such tests that each school 
and local educational agency shall 
meet. These goals shall be determined 
by the State educational agency and 
shall not be subject to change or 
modification by the Department as 
part of the process of granting a waiv-
er under this subparagraph. 
‘‘(V) The State shall determine 
the conditions under which students 
with disabilities and students who are 
limited English proficient take State 
tests or alternative assessments. Such 
determinations by the State shall com-
ply with the Individuals with Disabil-
ities Education Act (20 U.S.C. 1400 
et seq.). 
‘‘(VI) The State holds schools 
and local educational agencies ac-
countable for meeting its pass-rate 
goals. The State shall take actions to 
address achievement gaps on State
tests affecting groups of students, as 
determined 
under 
section 
1111(b)(2)(C)(v)(II) of the Elemen-
tary and Secondary Education Act of 
1965. The State shall determine the 
consequences for schools and local 
educational agencies that fail to meet 
the pass-rate goals set by the State, 
and the State’s determination of con-
sequences shall not be subject to 
change or modification by the Depart-
ment as part of the process of grant-
ing a waiver under this subparagraph. 
‘‘(VII) The State shall determine 
goals for secondary school graduation 
rates and a State’s determination of 
the State’s goals and the types of di-
plomas the State issues shall not be 
reviewable by the Department.’’. 
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