I 
108TH CONGRESS 
2D SESSION 
H. R. 4605 
To provide for review of determinations on whether schools and local edu-
cational 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 HOUSE OF REPRESENTATIVES 
JUNE 17, 2004 
Mr. GEORGE MILLER of California (for himself, Ms. PELOSI, Mr. KILDEE, 
Mr. HOYER, Mr. OWENS, Mr. PAYNE, Mr. ANDREWS, Mr. CLYBURN, Mr. 
MENENDEZ, Ms. WOOLSEY, Mr. HINOJOSA, Mrs. MCCARTHY of New 
York, Mr. TIERNEY, Mr. KIND, Mr. KUCINICH, Mr. WU, Mr. HOLT, Mr. 
DAVIS of Illinois, Mr. GRIJALVA, Ms. MAJETTE, Mr. RYAN of Ohio, and 
Mr. BISHOP of New York) introduced the following bill; which was re-
ferred to the Committee on Education and the Workforce 
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 con-
sideration subsequent regulations and guidance applica-
ble to those determinations, and for other purposes. 
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 ‘‘No Child Left Behind 
Fairness Act of 2004’’.
SEC. 2. REVIEW OF DETERMINATIONS ON WHETHER 
SCHOOLS 
MADE 
ADEQUATE 
YEARLY 
PROGRESS FOR 2002–2003 SCHOOL YEAR. 
(a) IN GENERAL.—The Secretary of Education 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 ade-
quate 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, consistent with the plan under section 
1111 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6311) for the State involved, a local edu-
cational agency shall revise its 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 account-
ability 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 pro-
ficient children; 
(B) the inclusion of limited English pro-
ficient children as part of the subgroup de-
scribed 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 pro-
ficiency; or 
(C) 
any 
requirement 
under 
section 
1111(b)(2)(I)(ii) of the Elementary and Sec-
ondary 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 deter-
mines that a school made adequate yearly progress 
for the 2002–2003 school year, upon such deter-
mination— 
(A) any action by the Secretary, the State 
educational agency, or the local educational 
agency that was taken because of a prior deter-
mination 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 be-
cause of the prior determination shall cease to 
be required. 
(2) EXCEPTIONS.—Notwithstanding paragraph 
(1), a determination under this section shall not af-
fect any obligation or action required of a local edu-
cational 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 edu-
cational agency to continue to permit a child
who transferred to another school under such 
section to remain in that school until comple-
tion 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 edu-
cational agency to continue to provide supple-
mental educational services under such section 
until the end of the school year). 
(3) SUBSEQUENT DETERMINATIONS.—In deter-
mining whether a school is subject to school im-
provement, 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 pre-
vious 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 sec-
tion; 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 DETERMINATIONS ON WHETHER LOCAL 
EDUCATIONAL AGENCIES MADE ADEQUATE 
YEARLY PROGRESS FOR 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 re-
view 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 sub-
section (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 de-
fined in section 9101 of the Elementary and Sec-
ondary 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.). 
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