I 
111TH CONGRESS 
1ST SESSION H. R. 1569 
To improve the calculation of, the reporting of, and the accountability for, 
secondary school graduation rates. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 17, 2009 
Mr. SCOTT of Virginia (for himself, Mr. HINOJOSA, Mr. GRIJALVA, Mr. 
FATTAH, Mr. PAYNE, Mr. MEEKS of New York, Ms. CORRINE BROWN 
of Florida, Mr. POLIS of Colorado, Mr. DAVIS of Illinois, Mr. CONYERS, 
Mr. BISHOP of Georgia, Mr. HONDA, Ms. CLARKE, Mr. ORTIZ, Ms. 
FUDGE, Ms. LEE of California, and Mr. THOMPSON of Mississippi) intro-
duced the following bill; which was referred to the Committee on Edu-
cation and Labor 
A BILL 
To improve the calculation of, the reporting of, and the 
accountability for, secondary school graduation rates. 
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 ‘‘Every Student Counts 
Act’’. 
SEC. 2. FINDINGS. 
Congress makes the following findings: 
VerDate Nov 24 2008 
23:09 Mar 18, 2009
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H1569.IH
H1569
rwilkins on PROD1PC63 with BILLS
(1) To retain the competitive edge of the 
United States in the world economy, it is essential 
that America’s youth be prepared for the jobs of 
today and for the jobs of the future. Such jobs in-
creasingly require a postsecondary education, and al-
most 90 percent of the fastest growing and best pay-
ing jobs require some postsecondary education ac-
cording to a 2008 Department of Labor report. 
(2) Individuals without a secondary school di-
ploma experience higher rates of unemployment, in-
carceration, living in poverty, and receiving public 
assistance than individuals with at least a secondary 
school diploma. 
(3) According to the 2009 Center for Public 
Education report ‘‘Better late than never? Exam-
ining late high school graduates’’, on-time gradua-
tion with a regular secondary school diploma leads 
to the best outcomes for students, and students who 
graduate late with a regular secondary school di-
ploma are more likely to earn an associate’s or a 
bachelor’s degree, to be employed full-time, and to 
obtain a job with retirement benefits and health in-
surance than either secondary school dropouts or 
GED recipients. 
VerDate Nov 24 2008 
23:09 Mar 18, 2009
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1569.IH
H1569
rwilkins on PROD1PC63 with BILLS
(4) About 1,230,000 secondary school students, 
which is approximately one-third of all secondary 
school students, fail to graduate with their peers 
every year. According to the Department of Edu-
cation, the United States secondary school gradua-
tion rate is the lowest the rate has been since 2002. 
(5) The graduation rates for historically dis-
advantaged minority groups are far lower than that 
of their White peers. Little more than half of all Af-
rican-American and Hispanic students will finish 
secondary school on time with a regular secondary 
school diploma compared to over three-quarters of 
White students. 
(6) Nearly 2,000 secondary schools (about 10 
percent of all secondary schools in the United 
States) produce about half of the Nation’s secondary 
school dropouts. In these schools, the number of sen-
iors is routinely 60 percent or less than the number 
of freshmen 3 years earlier. While almost half of the 
Nation’s African-American students and nearly 40 
percent of Latino students attend these dropout fac-
tories, only 11 percent of White students do. 
(7) The graduation rate calculations used by 
most States for reporting and accountability are in-
consistent and misleading. Not only does this ob-
VerDate Nov 24 2008 
23:09 Mar 18, 2009
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1569.IH
H1569
rwilkins on PROD1PC63 with BILLS
scure the graduation rate crisis, particularly for poor 
and minority students, but it also makes it impos-
sible to compare graduation rates across schools, 
school districts, and States. 
(8) The average gap between State-reported 
and independently reported graduation rates is ap-
proximately 12 percent. 
(9) In 2005, all 50 of the Nation’s Governors 
signed the National Governors Association’s Gradua-
tion Rate Compact, pledging to use a common, accu-
rate graduation rate. 
(10) In 2008, the Secretary of Education re-
leased final regulations that also require States to 
report a common graduation rate calculation. How-
ever, since the Department of Education did not 
specify in the regulations what graduation rate goals 
and growth targets are appropriate and how States 
should include 4-year rates and extended year rates 
in calculating adequate yearly progress, it is nec-
essary to clarify these goals, targets and rates in 
order to create a meaningful Federal accountability 
system for secondary schools. 
(11) The most accurate graduation rate calcula-
tions are reliant on high-quality longitudinal data 
systems that track individual student data from the 
VerDate Nov 24 2008 
23:09 Mar 18, 2009
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1569.IH
H1569
rwilkins on PROD1PC63 with BILLS
time a student enters the kindergarten through 
grade 12 educational system until the student leaves 
the kindergarten through grade 12 educational sys-
tem. In 2008, 42 States had the 4 elements of a 
statewide longitudinal data system that are nec-
essary to calculate the National Governor’s Associa-
tion Compact rate at the school level. 
(12) Forty-nine States should have secondary 
school data that will allow the States to use the Na-
tional Governor’s Association Compact rate formula 
not later than school year 2011–2012. 
(13) An accountability system with meaningful 
graduation rate goals— 
(A) holds schools, school districts, and 
States responsible for both student achievement 
and outcomes; and 
(B) ensures that low-performing students 
are not unnecessarily held back or pushed out 
(encouraged to leave school without a diploma). 
(14) Prior to the 2008 regulations, the amend-
ments to the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 6301 et seq.) made by the 
No Child Left Behind Act of 2001 (Public Law 
107–110) did not require consistent calculations, 
meaningful goals, or disaggregation of graduation 
VerDate Nov 24 2008 
23:09 Mar 18, 2009
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H1569.IH
H1569
rwilkins on PROD1PC63 with BILLS
rates. Without clear guidance from the Department 
of Education, most secondary schools can continue 
to make adequate yearly progress by making as little 
as 0.1 percent improvement or less in secondary 
school graduation rates each year and can do so 
with a consistent, or even growing, secondary school 
graduation gap. 
SEC. 3. PURPOSES. 
The purposes of this Act are— 
(1) to require consistent calculations and re-
porting of secondary school graduation rates across 
schools, school districts, and States; 
(2) to provide educators with critical informa-
tion about students’ progress toward secondary 
school graduation; and 
(3) to ensure meaningful accountability for the 
improvement of secondary school graduation rates 
for all students, particularly those rates for poor and 
minority students. 
SEC. 4. SECONDARY SCHOOL GRADUATION RATES. 
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 by inserting after section 1111 (20 
U.S.C. 6311) the following: 
VerDate Nov 24 2008 
23:09 Mar 18, 2009
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H1569.IH
H1569
rwilkins on PROD1PC63 with BILLS
‘‘SEC. 1111A. SECONDARY SCHOOL GRADUATION RATES. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) ADJUSTED
COHORT; TRANSFERRED
IN; 
TRANSFERRED OUT.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graphs (C)(ii) through (F), the term ‘adjusted 
cohort’ means the difference of— 
‘‘(i) the sum of— 
‘‘(I) the number of first-time 
ninth graders; plus 
‘‘(II) any students that trans-
ferred in to the cohort in any of 
grades 9 through 12; minus 
‘‘(ii) any students removed from the 
cohort. 
‘‘(B) TRANSFERRED IN.—The term ‘trans-
ferred in’ when used with respect to a sec-
ondary school student, means a student who en-
rolls after the beginning of the entering cohort’s 
first year in secondary school, up to and includ-
ing enrolling in grade 12. 
‘‘(C) TRANSFERRED OUT.— 
‘‘(i) IN GENERAL.—The term ‘trans-
ferred out’ when used with respect to a 
secondary school student, means a student 
who the secondary school or local edu-
VerDate Nov 24 2008 
23:09 Mar 18, 2009
Jkt 079200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H1569.IH
H1569
rwilkins on PROD1PC63 with BILLS
cational agency confirms has transferred to 
another school or another educational pro-
gram for which the student is expected to 
receive a regular secondary school diploma. 
‘‘(ii) 
CONFIRMATION
REQUIRE-
MENTS.— 
‘‘(I) 
DOCUMENTATION
RE-
QUIRED.—The confirmation of a stu-
dent’s transfer to another school or 
educational 
program 
described 
in 
clause 
(i) 
requires 
documentation 
from the receiving school or program 
that the student enrolled in the receiv-
ing school or program. 
‘‘(II) LACK OF CONFIRMATION.— 
A student who was enrolled, but for 
whom there is no confirmation of 
transfer or completion, shall not be 
considered a transfer or an error, but 
shall remain in the cohort as a non-
graduate for reporting and account-
ability purposes under this section. 
‘‘(iii) 
PROGRAMS
NOT
PROVIDING 
CREDIT.—A student enrolled in a GED or 
other alternative educational program that 
VerDate Nov 24 2008 
23:09 Mar 18, 2009
Jkt 079200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H1569.IH
H1569
rwilkins on PROD1PC63 with BILLS
does not issue or provide credit toward the 
issuance of a regular secondary school di-
ploma shall not be considered transferred 
out. 
‘‘(D) COHORT
REMOVAL.—To remove a 
student from a cohort, a school or local edu-
cational agency shall confirm that the student 
has transferred out, emigrated, or is deceased. 
‘‘(E) TREATMENT
OF
OTHER
LEAVERS 
AND WITHDRAWALS.—A student who was re-
tained in a grade, enrolled in a GED program, 
aged-out of a secondary school or secondary 
school program, or left secondary school for any 
other reason, including expulsion, shall not be 
considered transferred out, and shall remain in 
the adjusted cohort. 
‘‘(F) SPECIAL RULE.—For those secondary 
schools that start after grade 9, the cohort shall 
be calculated based on the earliest secondary 
school grade at the secondary school. 
‘‘(2) ALTERNATIVE EDUCATIONAL SETTING.— 
The term ‘alternative educational setting’ means— 
‘‘(A) a secondary school or secondary 
school educational program that— 
VerDate Nov 24 2008 
23:09 Mar 18, 2009
Jkt 079200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H1569.IH
H1569
rwilkins on PROD1PC63 with BILLS
‘‘(i) is designed for students who are 
under-credited or have dropped out of sec-
ondary school; and 
‘‘(ii) awards a regular secondary 
school diploma; or 
‘‘(B) a secondary school or secondary 
school educational program designed to issue a 
regular secondary school diploma concurrently 
with a postsecondary degree or not more than 
2 years of college credit. 
‘‘(3) CUMULATIVE
GRADUATION
RATE.—The 
term ‘cumulative graduation rate’ means, for each 
school year, the percent obtained by calculating the 
product of— 
‘‘(A) the result of— 
‘‘(i) the sum of— 
‘‘(I) the number of students 
who— 
‘‘(aa) formed the adjusted 
cohort 4 years earlier; and 
‘‘(bb) graduate in 4 years or 
less with a regular secondary 
school diploma (which shall not 
include a GED or other certifi-
cate of completion or alternative 
VerDate Nov 24 2008 
23:09 Mar 18, 2009
Jkt 079200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H1569.IH
H1569
rwilkins on PROD1PC63 with BILLS
to a diploma except as provided 
in paragraph (6)(B)); plus 
‘‘(II) the number of additional 
students from previous cohorts who 
graduate in more than 4 years with a 
regular 
secondary 
school 
diploma 
(which shall not include a GED or 
other certificate of completion or al-
ternative to a diploma except as pro-
vided in paragraph (6)(B)); divided by 
‘‘(ii) the sum of— 
‘‘(I) the number of students who 
formed the adjusted cohort for that 
graduating class 4 years earlier; plus 
‘‘(II) the number of additional 
student graduates described in clause 
(i)(II); multiplied by 
‘‘(B) 100. 
‘‘(4) 4-YEAR ADJUSTED COHORT GRADUATION 
RATE.—The term ‘4-year adjusted cohort graduation 
rate’ means the percent obtained by calculating the 
product of— 
‘‘(A) the result of— 
‘‘(i) the number of students who— 
VerDate Nov 24 2008 
23:09 Mar 18, 2009
Jkt 079200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H1569.IH
H1569
rwilkins on PROD1PC63 with BILLS
‘‘(I) formed the adjusted cohort 4 
years earlier; and 
‘‘(II) graduate in 4 years or less 
with a regular secondary school di-
ploma (which shall not include a GED 
or other certificate of completion or 
alternative to a diploma except as pro-
vided in paragraph (6)(B)); divided by 
‘‘(ii) the number of students who 
formed the adjusted cohort for that grad-
uating class 4 years earlier; multiplied by 
‘‘(B) 100. 
‘‘(5) ON-TRACK STUDENT.—The term ‘on-track 
student’ means a student who— 
‘‘(A) has accumulated the number of cred-
its necessary to promote to the next grade, in 
accordance with State and local educational 
agency policies; and 
‘‘(B) has failed not more than 1 semester 
in English or language arts, mathematics, 
science, or social studies. 
‘‘(6) 
REGULAR
SECONDARY
SCHOOL
DI-
PLOMA.— 
‘‘(A) IN GENERAL.—The term ‘regular sec-
ondary school diploma’ means the standard sec-
VerDate Nov 24 2008 
23:09 Mar 18, 2009
Jkt 079200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H1569.IH
H1569
rwilkins on PROD1PC63 with BILLS
ondary school diploma awarded to the prepon-
derance of students in the State that is fully 
aligned with State standards, or a higher di-
ploma. Such term shall not include GEDs, cer-
tificates of attendance, or any lesser diploma 
award. 
‘‘(B) SPECIAL RULE.—For a student who 
has a significant cognitive disability and is as-
sessed using an alternate assessment aligned to 
an alternate achievement standard, receipt of a 
regular secondary school diploma or a State-de-
fined alternate diploma aligned with completion 
of the student’s right to a free and appropriate 
public education under the Individuals with 
Disabilities Education Act (20 U.S.C. 1400 et 
seq.) shall be counted as graduating with a reg-
ular secondary school diploma for the purposes 
of this section, except that not more than 1 per-
cent of students served by the State or local 
educational agency, as appropriate, shall be 
counted as graduates with a regular secondary 
school diploma under this subparagraph. 
‘‘(7) UNDER-CREDITED
STUDENT.—The term 
‘under-credited student’ means a secondary school 
student who is a year or more behind in the ex-
VerDate Nov 24 2008 
23:09 Mar 18, 2009
Jkt 079200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H1569.IH
H1569
rwilkins on PROD1PC63 with BILLS
pected accumulation of credits or courses toward an 
on-time graduation as determined by the relevant 
local educational agency’s and State educational 
agency’s secondary school graduation requirements 
for an on-time graduation. 
‘‘(b) CALCULATING
AND
REPORTING
ACCURATE 
GRADUATION RATES.— 
‘‘(1) CALCULATING GRADUATION RATES.—Not 
later than school year 2010–2011, and every school 
year thereafter, each State educational agency and 
local educational agency that is assisted under this 
part shall calculate, using a statewide longitudinal 
data system with individual student identifiers for 
each school served by the State or local educational 
agency, as the case may be— 
‘‘(A) the 4-year adjusted cohort graduation 
rate; and 
‘‘(B) the cumulative graduation rate. 
‘‘(2) CALCULATION
AT
SCHOOL, LEA, AND 
STATE LEVELS; DISAGGREGATION.—The 4-year ad-
justed cohort graduation rate and the cumulative 
graduation rate shall be calculated at the school, 
local educational agency, and State levels in the ag-
gregate and disaggregated by race, ethnicity, gender, 
disability status, migrant status, English proficiency, 
VerDate Nov 24 2008 
23:09 Mar 18, 2009
Jkt 079200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H1569.IH
H1569
rwilkins on PROD1PC63 with BILLS
and status as economically disadvantaged, except 
that such disaggregation shall not be required in a 
case in which the number of students in a subgroup 
is insufficient to yield statistically reliable informa-
tion or the results would reveal personally identifi-
able information about an individual student. 
‘‘(3) REPORTING GRADUATION RATES.—Subject 
to paragraph (4), not later than school year 2010– 
2011, and every school year thereafter, each State 
educational agency, local educational agency and 
school that is assisted under this part shall report 
annually, as part of the State and local educational 
agency report cards required under section 1111(h), 
each of the following: 
‘‘(A) 4-YEAR ADJUSTED COHORT GRADUA-
TION RATE.—The 4-year adjusted cohort grad-
uation rate, in the aggregate and disaggregated 
by each of the subgroups described in para-
graph (2). 
‘‘(B) CUMULATIVE GRADUATION RATE.— 
The cumulative graduation rate, in the aggre-
gate and disaggregated by each of the sub-
groups described in paragraph (2). 
‘‘(C) NUMBER AND PERCENTAGE OF STU-
DENTS GRADUATING IN MORE THAN 4 YEARS.— 
VerDate Nov 24 2008 
23:09 Mar 18, 2009
Jkt 079200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H1569.IH
H1569
rwilkins on PROD1PC63 with BILLS
The number and percentage of secondary school 
students graduating in more than 4 years with 
a regular secondary school diploma as described 
in subsection (a)(3)(A)(i)(II), disaggregated by 
the number of years accounted for in the cumu-
lative graduation rate and by each of the sub-
groups described in paragraph (2). 
‘‘(D) NUMBER AND PERCENTAGE OF STU-
DENTS REMOVED FROM COHORT.—The number 
and percentage of secondary school students 
who have been removed from the adjusted co-
hort, in the aggregate and disaggregated by 
each of the subgroups described in paragraph 
(2). 
‘‘(E) NUMBER AND PERCENTAGE OF CON-
TINUING STUDENTS.—The number and percent-
age of students from each previous adjusted co-
hort that began 4 years or more earlier who 
have not graduated from and are still enrolled 
in secondary school. 
‘‘(4) USE OF INTERIM GRADUATION RATE.—In 
the case of a State that does not have an individual 
student identifier longitudinal data system, with re-
spect to each graduation rate calculation or report-
ing requirement under this section, the State and 
VerDate Nov 24 2008 
23:09 Mar 18, 2009
Jkt 079200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H1569.IH
H1569
rwilkins on PROD1PC63 with BILLS
local educational agencies and secondary schools in 
the State shall temporarily carry out this section by 
using an interim graduation rate calculation that 
meets the following conditions: 
‘‘(A) NUMBER OF GRADUATES COMPARED 
TO
NUMBER
OF
STUDENTS.—The calculation 
shall measure or estimate the number of sec-
ondary school graduates compared to the num-
ber of students in the secondary school’s enter-
ing grade. 
‘‘(B) DROPOUT
DATA.—The calculation 
shall not use dropout data. 
‘‘(C) REGULAR
SECONDARY
SCHOOL
DI-
PLOMA.—The calculation shall count as grad-
uates only those students who receive a regular 
secondary school diploma. 
‘‘(D) DISAGGREGATION.—The calculation 
shall be disaggregated by each of the subgroups 
described in paragraph (2). 
‘‘(E) ANNUAL
BASIS
AND
RATE
OF 
GROWTH.—The calculation shall be used on an 
annual basis to determine a rate of growth, as 
described in subsection (c). 
‘‘(F) TIMEFRAME
LIMITATION.—The in-
terim graduation rate calculation may only be 
VerDate Nov 24 2008 
23:09 Mar 18, 2009
Jkt 079200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H1569.IH
H1569
rwilkins on PROD1PC63 with BILLS
used through the end of school year 2010– 
2011. 
‘‘(G) REPORTING USE OF INTERIM GRAD-
UATION RATE.—Each State that receives assist-
ance under this part shall describe in the 
State’s plan submitted under section 1111 the 
interim graduation rate used in accordance with 
this paragraph. 
‘‘(5) 
REPORTING
ON
ALTERNATIVE
SET-
TINGS.—Not later than school year 2010–2011, and 
every school year thereafter, each State educational 
agency and local educational agency that receives as-
sistance under this part and contains an alternative 
education setting which establishes an alternative 4- 
year completion requirement as described in sub-
section (c)(3)(C)(iii), shall report annually as part of 
the State and local educational agency report cards 
required under section 1111(h), the following: 
‘‘(A) The name of each alternative edu-
cation setting that establishes an alternative 4- 
year completion requirement. 
‘‘(B) A description of the program pro-
vided at each setting and the population served. 
‘‘(C) The enrollment of such settings in 
the aggregate and disaggregated by each of the 
VerDate Nov 24 2008 
23:09 Mar 18, 2009
Jkt 079200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H1569.IH
H1569
rwilkins on PROD1PC63 with BILLS
subgroups described in paragraph (2), including 
as a percent of overall enrollment. 
‘‘(D) Whether the setting is a new school 
or setting. 
‘‘(E) The alternative 4-year completion re-
quirement 
as 
described 
in 
subsection 
(c)(3)(C)(iii). 
‘‘(6) REPORTING PERCENT OF ON-TRACK STU-
DENTS.—Not later than school year 2010–2011, and 
every school year thereafter, every State educational 
agency, local educational agency, and school that re-
ceives assistance under this part shall report annu-
ally, as part of the State and local educational agen-
cy report cards required under section 1111(h), the 
percent of on-track students for each secondary 
school grade served by the State educational agency, 
local educational agency, and school, respectively, 
other than the graduating grade for the secondary 
school, in the aggregate and disaggregated by each 
of the subgroups described in paragraph (2). 
‘‘(7) REPORTING ADDITIONAL INDICATORS.— 
‘‘(A) IN GENERAL.—A State may report 
additional complementary indicators of sec-
ondary school completion, such as— 
‘‘(i) a college-ready graduation rate; 
VerDate Nov 24 2008 
23:09 Mar 18, 2009
Jkt 079200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H1569.IH
H1569
rwilkins on PROD1PC63 with BILLS
‘‘(ii) a dropout rate; 
‘‘(iii) in-grade retention rates; 
‘‘(iv) percentages of students receiving 
GEDs, certificates of completion, or alter-
natives to a diploma; and 
‘‘(v) in the case of a State with exit 
examinations, students who have completed 
course requirements but failed a State 
exam required for secondary school grad-
uation. 
‘‘(B) DEFINITIONS FOR INDICATORS.—The 
Secretary shall promulgate and publish in the 
Federal Register regulations containing defini-
tions for the indicators described in clauses (i), 
(ii), and (iii) of subparagraph (A) that are con-
sistent with the definitions used by the National 
Center for Educational Statistics, in order to 
ensure that the indicators are comparable 
across schools and school districts within a 
State. 
‘‘(C) PROHIBITION.—For purposes of re-
porting or accountability under this section, the 
additional indicators shall not replace the 4- 
year adjusted cohort graduation rate or the cu-
mulative graduation rate. 
VerDate Nov 24 2008 
23:09 Mar 18, 2009
Jkt 079200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H1569.IH
H1569
rwilkins on PROD1PC63 with BILLS
‘‘(D) RULE OF CONSTRUCTION.—Nothing 
in this Act shall be construed to prohibit a 
State from reporting indicators of secondary 
school completion that are not described in sub-
paragraph (A). 
‘‘(8) DATA ANOMALIES.— 
‘‘(A) IN
GENERAL.—When an individual 
student record indicates a student was enrolled 
in more than 1 secondary school or a student 
record shows enrollment in a secondary school 
but no subsequent information, such student 
record shall be assigned to 1 adjusted cohort 
for the purposes of calculating and reporting 
school, local educational agency, and State 4- 
year adjusted cohort graduation rates and cu-
mulative graduation rates under this sub-
section. 
‘‘(B) SPECIAL RULE.—A student who re-
turns to secondary school after dropping out of 
secondary school, or receives a diploma from 
more than 1 school or educational program 
served by any 1 local educational agency, shall 
be counted— 
VerDate Nov 24 2008 
23:09 Mar 18, 2009
Jkt 079200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H1569.IH
H1569
rwilkins on PROD1PC63 with BILLS
‘‘(i) only once for purposes of report-
ing and accountability under this section; 
and 
‘‘(ii) as part of the student’s original 
adjusted cohort. 
‘‘(9) MONITORING
OF
DATA
COLLECTION.— 
Each State that receives assistance under this part 
shall conduct regular audits of data collection, re-
porting, and calculations by local educational agen-
cies in the State. The Secretary shall assist States 
in their efforts to develop and retain the capacity for 
collection, analysis, and public reporting of 4-year 
adjusted cohort graduation rate and cumulative 
graduation rate data. 
‘‘(c) SCHOOL, LOCAL EDUCATIONAL AGENCY, AND 
STATE ACCOUNTABILITY.— 
‘‘(1) GRADUATION
RATE
GOAL.—Each State 
that receives assistance under this part shall seek to 
have all students graduate from secondary school 
prepared for success in college and work. 
‘‘(2) GRADUATION RATE CALCULATION.—Each 
State that receives assistance under this part shall 
use aggregate and disaggregated cumulative gradua-
tion rates as the additional indicator described in 
section 1111(b)(2)(C)(vi) for the purposes of deter-
VerDate Nov 24 2008 
23:09 Mar 18, 2009
Jkt 079200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H1569.IH
H1569
rwilkins on PROD1PC63 with BILLS
mining each secondary school’s and local educational 
agency’s adequate yearly progress. 
‘‘(3) ANNUAL MEASURABLE OBJECTIVES.—The 
Secretary shall require a State, local educational 
agency, or school that receives assistance under this 
part and has a cumulative graduation rate below 90 
percent in the aggregate or for any subgroup de-
scribed in subsection (b)(2), to increase the cumu-
lative graduation rate, in the aggregate or for such 
subgroup, respectively, in order to make adequate 
yearly progress under section 1111(b)(2), as follows: 
‘‘(A) BASELINE FOR CUMULATIVE GRAD-
UATION RATES.—Subject to subparagraph (B), 
the cumulative graduation rate calculated and 
reported in accordance with this section for the 
first school year that begins after the date of 
enactment of Every Student Counts Act shall 
serve as the baseline graduation rate. Each 
school year thereafter, cumulative graduation 
rates calculated at the school, local educational 
agency, and State levels in the aggregate and 
disaggregated by each subgroup described in 
subsection (b)(2) shall be evaluated for annual 
growth in accordance with subparagraph (C). 
VerDate Nov 24 2008 
23:09 Mar 18, 2009
Jkt 079200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H1569.IH
H1569
rwilkins on PROD1PC63 with BILLS
‘‘(B) BASELINE
ADJUSTMENT.—In the 
case of a State that uses an interim graduation 
rate, after the State has implemented an indi-
vidual student identifier longitudinal data sys-
tem and can calculate the 4-year adjusted co-
hort graduation rate and the cumulative grad-
uation rate, but not later than the 2010–2011 
school year, the State shall use the cumulative 
graduation rate as the baseline graduation rate 
for reporting and accountability under this sec-
tion. 
‘‘(C) ANNUAL GROWTH.— 
‘‘(i) IN
GENERAL.—In order for a 
State, local educational agency, or school 
to make adequate yearly progress under 
section 1111(b)(2), the State, local edu-
cational agency, or school, respectively, 
shall demonstrate increases in the cumu-
lative graduation rate from the baseline 
graduation rate, in the aggregate and for 
each subgroup described in subsection 
(b)(2), by an average of 3 percent per 
school year, until the cumulative gradua-
tion rate, in the aggregate and for each 
VerDate Nov 24 2008 
23:09 Mar 18, 2009
Jkt 079200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H1569.IH
H1569
rwilkins on PROD1PC63 with BILLS
such subgroup, equals or exceeds 90 per-
cent. 
‘‘(ii) AYP NOT MADE.—A secondary 
school shall not be considered to have 
made adequate yearly progress under sec-
tion 1111(b)(2) if— 
‘‘(I) the school’s 4-year adjusted 
cohort graduation rate, in the aggre-
gate or for any subgroup described in 
subsection (b)(2), falls below the co-
hort’s initial baseline graduation rate 
or shows no improvement over a 4- 
year period; or 
‘‘(II) fewer than 90 percent of 
the students included in the cumu-
lative graduation rate, in the aggre-
gate or for any subgroup described in 
subsection (b)(2), are students who 
graduate from secondary school in 4 
years. 
‘‘(iii) SPECIAL
RULE.—A secondary 
school or secondary school educational pro-
gram that is an alternative education set-
ting may apply to the State to establish an 
alternative 4-year completion requirement 
VerDate Nov 24 2008 
23:09 Mar 18, 2009
Jkt 079200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H1569.IH
H1569
rwilkins on PROD1PC63 with BILLS
for purposes of determinations under 
clause (ii)(II) if— 
‘‘(I) the secondary school or edu-
cational program submits to the 
State— 
‘‘(aa) a description of the 
secondary school or educational 
program; and 
‘‘(bb) an alternative 4-year 
completion requirement; and 
‘‘(II) the State approves the use 
of the alternative 4-year completion 
requirement for such purposes. 
‘‘(4) DELAYED APPLICABILITY TO SCHOOLS.— 
Paragraphs (2) and (3)(C) shall not apply to a sec-
ondary school until the beginning of school year 
2011–2012. 
‘‘(d) REPORTING REQUIREMENT.—Not later than 90 
days after the date of the enactment of the Every Student 
Counts Act, and annually thereafter, each State edu-
cational agency that receives assistance under this part 
shall submit to the Secretary, and make publicly available, 
a report on the implementation of this section. Such report 
shall include— 
VerDate Nov 24 2008 
23:09 Mar 18, 2009
Jkt 079200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H1569.IH
H1569
rwilkins on PROD1PC63 with BILLS
‘‘(1) a description of each category, code, and 
the corresponding definition that the State has au-
thorized for identifying, tracking, calculating, and 
publicly reporting student status; and 
‘‘(2) if using an interim graduation rate pursu-
ant to subsection (b)(4), a description of the efforts 
of the State to implement the cumulative graduation 
rate and the expected date of implementation, which 
date shall not be later than the beginning of school 
year 2011–2012.’’. 
SEC. 5. AYP CONFORMING AMENDMENTS. 
Section 1111(b)(2)(C) of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)) 
is amended— 
(1) in clause (vi), by striking ‘‘and’’ after the 
semicolon; 
(2) in clause (vii), by striking the period and in-
serting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(viii) complies with the requirements 
of section 1111A.’’. 
Æ 
VerDate Nov 24 2008 
23:09 Mar 18, 2009
Jkt 079200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6301
E:\BILLS\H1569.IH
H1569
rwilkins on PROD1PC63 with BILLS