SEC. 304. FULL IMPLEMENTATION. 
Section 1116 (20 U.S.C. 6316) is amended by adding 
at the end the following: 
‘‘(i) 
CONDITIONAL
IMPLEMENTATION.—Notwith-
standing any other provision of this section, a State edu-
cational agency, local educational agency, or school, as ap-
plicable, may defer the requirements of subsections (b)(7) 
and (8) and subsections (c)(7) and (10) in any fiscal year 
in which the amount appropriated under section 1002(a) 
and section 611(i) of the Individuals with Disabilities 
Education Act (42 U.S.C. 1400 et seq.) does not equal 
or exceed the amount authorized under such section for 
such fiscal year. For the purpose of determining the 
amounts necessary in the preceding sentence (and only for 
that purpose), starting with fiscal year 2008, the amount 
authorized to be appropriated under such section 1002(a) 
shall be $2,500,000,000 more than such amount for the 
preceding fiscal year.’’. 
TITLE IV—NON-PUBLIC 
SCHOOLS 
SEC. 401. PARTICIPATION OF CHILDREN ENROLLED IN PRI-
VATE SCHOOLS. 
Section 1120 (20 U.S.C. 6320) is amended— 
(1) in subsection (b)(1)(D) by inserting after 
‘‘academically assessed’’ the following: ‘‘(consistent 
with subsection (f))’’; and 
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(2) by adding at the end the following: 
‘‘(f) ACCOUNTABILITY FOR CHILDREN ENROLLED IN 
PRIVATE SCHOOLS.— 
‘‘(1) IN
GENERAL.—Notwithstanding section 
9506(a), as specifically provided for in this sub-
section, children enrolled in private elementary 
schools and secondary schools that receive edu-
cational services or other benefits under this part 
shall participate in the assessments described under 
section 1111(b)(3). 
‘‘(2) REPORTING.— 
‘‘(A) The State educational agency shall 
report the results of the assessments taken by 
students in private elementary and secondary 
schools by grade and subject to— 
‘‘(i) the private elementary or sec-
ondary school that such students attend; 
and 
‘‘(ii) the local educational agency in 
which the such private school is geographi-
cally located in a manner and extent that 
is consistent with the provisions of section 
1111(i) and the function of the local edu-
cational agency under section 1120(b). 
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‘‘(B) A private elementary or secondary 
school shall report the assessment results re-
ceived from the State educational agency under 
subparagraph (A) to the parents of students en-
rolled in such school who receive services under 
this part in writing and in the native language 
of the parent in a manner and extent consistent 
with the provisions of subsection 1111(i). 
‘‘(3) EFFECTIVENESS OF SERVICES.—Based on 
the results of the assessments described under para-
graph (1), a State educational agency may deter-
mine that such services received by children under 
this section be ceased in schools when such results, 
compared to a comparable cohort of children en-
rolled in a public school in the school district of the 
local educational agency, are significantly lower and 
such schools do not meet the definition of adequate 
yearly progress established by the State in which the 
private school is located for 3 or more consecutive 
years.’’. 
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TITLE V—EFFECTIVE DATE AND 
REGULATIONS 
SEC. 501. EFFECTIVE DATE. 
Except as specifically provided in this Act, the 
amendments made by this Act shall be effective upon the 
first July 1 after the date of the enactment of this Act. 
SEC. 202. REGULATIONS. 
The Secretary of Education shall issue regulations as 
necessary to implement the provisions of this Act not later 
than 180 days after the date of the enactment of this Act. 
Æ 
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