(10) All children should have the opportunity to 
succeed with a high quality, public education. 
SEC. 3. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) full funding should be provided to schools to 
allow them to satisfy Federal mandates required 
under the No Child Left Behind Act of 2001; and 
(2) States and school districts should have the 
necessary flexibility in implementing the No Child 
Left Behind Act of 2001 to ensure that all students 
are successful and achieve all of the goals of the law. 
SEC. 4. ADEQUATE YEARLY PROGRESS. 
(a) IN GENERAL.—Subpart 1 of part A of title I of 
the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 6311 et seq.) is amended— 
(1) in section 1111(b)(2)— 
(A) in subparagraph (C), by striking 
‘‘ ‘Adequate yearly progress’ ’’ and inserting 
‘‘Except as provided in subparagraph (N), ‘ade-
quate yearly progress’ ’’; 
(B) in subparagraph (F), by striking ‘‘12 
years’’ and inserting ‘‘16 years’’; 
(C) in subparagraph (I)— 
(i) by striking ‘‘subparagraph (C)(v) 
must meet or exceed the objectives’’ and 
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inserting ‘‘subparagraph (C)(v), subject to 
subparagraph (M), must meet or exceed 
the objectives’’; and 
(ii) by striking ‘‘subparagraph (C)(v) 
does not meet those objectives’’ and insert-
ing ‘‘subparagraph (C)(v), subject to sub-
paragraph (M), does not meet those objec-
tives’’; 
(D) by adding after subparagraph (K) the 
following new subparagraphs: 
‘‘(L) SPECIAL RULE.—A State may allow 
the exclusion of one or more students from the 
calculation used to determine whether a school 
makes adequate yearly progress under this 
paragraph based on special circumstances iden-
tified by the Secretary affecting individual stu-
dents, including— 
‘‘(i) emergency medical conditions; 
‘‘(ii) exceptional or uncontrollable cir-
cumstances, such as a natural disaster or 
an incident of school violence; or 
‘‘(iii) an unusual pattern of attend-
ance as determined by the State edu-
cational agency, provided that the local 
educational agency in which the student is 
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enrolled is implementing a plan to increase 
participation in the assessments described 
in paragraph (3). 
‘‘(M) SINGLE COUNT OF STUDENTS.—In 
meeting the definition of adequate yearly 
progress under subparagraph (C), a State may 
allow students counted in two or more groups 
described in subparagraph (C)(v)(II) to be 
counted as an equal fraction of one for each 
such group. 
‘‘(N) OTHER
MEASURES
OF
ADEQUATE 
YEARLY
PROGRESS.—Notwithstanding 
any 
other provision of this paragraph, a State may 
establish an alternative definition of adequate 
yearly progress, subject to approval by the Sec-
retary under subsection (e) (except that such 
approval shall not apply as such definition ap-
plies to students with disabilities and limited 
English proficient students). Nothing in this 
subparagraph shall be construed as requiring a 
State that establishes an approved alternative 
definition of adequate yearly progress under 
this subparagraph to satisfy the requirements 
of adequate yearly progress defined in subpara-
graph (C). Such alternative definition may— 
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‘‘(i) include measures of student 
achievement over a period of time (such as 
a value added accountability system) or the 
progress of some or all of the groups of 
students described in subparagraph (C)(v) 
to the next higher level of achievement de-
scribed under subclauses (II) and (III) of 
paragraph (1)(D)(ii) as a factor in deter-
mining whether a school, local educational 
agency, or State has made adequate yearly 
progress, as described in this paragraph; 
or 
‘‘(ii) use the measures of performance 
and progress described in subparagraph 
(A) as the sole basis for determining 
whether the State, its local educational 
agencies, or schools have met adequate 
yearly progress, provided— 
‘‘(I) the primary goal of such 
definition is that all students in each 
group 
described 
in 
subparagraph 
(C)(v) meet or exceed the proficient 
level of academic achievement, estab-
lished by the State, not later than 16 
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years after the end of the 2001–2002 
school year; and 
‘‘(II) such definition includes in-
termediate goals, as required under 
subparagraph (H).’’; and 
(2) in section 1116(c)(10)— 
(A) by amending subparagraph (B)(ii) to 
read as follows: 
‘‘(ii) shall take corrective action with 
respect to a local educational agency— 
‘‘(I) that fails to make adequate 
yearly progress, as defined by the 
State, in the same subject and aver-
aged across all grades and in at least 
one grade span (as determined by the 
State) for a group described in section 
1111(b)(2)(C)(v) by the end of the 
second full school year after the iden-
tification of such agency under para-
graph (3); and 
‘‘(II) whose total number of stu-
dents (who are members of a group 
described in section 1111(b)(2)(C)(v)) 
who did not meet or exceed the pro-
ficient level of academic achievement 
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