I 
110TH CONGRESS 
1ST SESSION H. R. 2946 
To amend the accountability provisions of part A of title I of the Elementary 
and Secondary Education Act of 1965, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 28, 2007 
Mr. TERRY (for himself, Mr. HOLDEN, Mrs. MCCARTHY of New York, Mr. 
SAXTON, Mr. PLATTS, Mr. SIMPSON, Mr. THOMPSON of Mississippi, Mr. 
PAUL, Mr. GRAVES, and Mr. CRAMER) introduced the following bill; 
which was referred to the Committee on Education and Labor 
A BILL 
To amend the accountability provisions of part A of title 
I of the Elementary and Secondary Education Act of 
1965, 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 ‘‘State and Local Edu-
cation Flexibility Act of 2007’’. 
SEC. 2. AMENDMENTS TO ESEA. 
(a) LIMITED ENGLISH PROFICIENT STUDENTS.— 
Section 1111(b) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6311(b)) is amended— 
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(1) in paragraph (2)(C)— 
(A) in clause (vi), by striking ‘‘and’’ at the 
end; 
(B) in clause (vii), by striking the period 
at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(viii) at the State’s discretion on a 
case-by-case basis, may not include the 
performance of any limited English pro-
ficient student if— 
‘‘(I) the student has not been en-
rolled for 3 full school years in an ele-
mentary school or secondary school in 
the State; and 
‘‘(II) the parents of the student, 
and the school administrator or team 
of educators designated by the stu-
dent’s school for making limited 
English proficiency placement and as-
sessment decisions, agree that such an 
exclusion is educationally appropriate 
for the student.’’; 
(2) in clause (ii) of paragraph (2)(I), by insert-
ing ‘‘is subject to paragraph (3)(C)(xvi),’’ after ‘‘ex-
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cept that the 95 percent requirement described in 
this clause’’; 
(3) in paragraph (3)(C)— 
(A) in clause (xiv), by striking ‘‘and’’ at 
the end; 
(B) in clause (xv), by striking the period at 
the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(xvi) 
notwithstanding 
clause 
(ix)(III), at the State’s discretion on a 
case-by-case basis, not include any limited 
English proficient student if— 
‘‘(I) the student is enrolled in his 
or her first full school year in an ele-
mentary school or secondary school in 
the State; and 
‘‘(II) the parents of the student, 
and the school administrator or team 
of educators designated by the stu-
dent’s school for making limited 
English proficiency placement and as-
sessment decisions, agree that such an 
exclusion is educationally appropriate 
for the student.’’; and 
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(4) in paragraph (7), by adding at the end the 
following: ‘‘Notwithstanding the preceding sentence, 
a State plan may provide for the exclusion from 
such annual assessment of English proficiency of 
any limited English proficient student if (A) the stu-
dent is enrolled in his or her first full school year 
in an elementary or secondary school in the State; 
and (B) the parents of the student, and the school 
administrator or team of educators designated by 
the student’s school for making limited English pro-
ficiency placement and assessment decisions, agree 
that such an exclusion is educationally appropriate 
for the student.’’ 
(b) CONSIDERATION
OF GRADUATION RATES
IN 
AYP.—Clause (vi) of section 1111(b)(2)(C) of the Ele-
mentary and Secondary Education Act of 1965 (20 U.S.C. 
6311(b)(2)(C)) is amended by inserting ‘‘, except that, at 
the discretion of the State, such graduation rates may in-
clude (I) any student who has exceptional circumstances 
and graduates from secondary school with a regular di-
ploma in not more than 5 years, (II) any qualified child 
with a disability (as that term is defined in paragraph 
(3)(C)(11)) who graduates from secondary school with a 
regular diploma before attaining an age established by 
State law, and (III) any qualified child with a disability 
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(as that term is defined in paragraph (3)(C)(11)) who sat-
isfies such alternative challenging academic content and 
achievement standards as the State may establish for the 
child to complete secondary school in a reasonable period 
of time’’ after ‘‘in the standard number of years’’. 
(c) CHILDREN WITH DISABILITIES.—Subsection (b) 
of section 1111 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6311) is amended— 
(1) in subparagraph (B) of paragraph (1), by 
striking ‘‘The academic standards’’ and inserting 
‘‘Subject to paragraph (11), the academic stand-
ards’’; 
(2) in clause (i) of paragraph (2)(C), by strik-
ing ‘‘applies the same high standards’’ and inserting 
‘‘subject to paragraph (11), applies the same high 
standards’’; 
(3) in clause (i) of paragraph (3)(C), by strik-
ing ‘‘be the same academic assessments’’ and insert-
ing ‘‘subject to paragraph (11), be the same aca-
demic assessments’’; and 
(4) by adding at the end the following: 
‘‘(11) CHILDREN WITH DISABILITIES.— 
‘‘(A) RELATION TO IEP.—Subject to the 
requirements of subparagraphs (B) and (C), 
with respect to a qualified child with a dis-
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