exceed 35 percent of all students en-
rolled in a school in such agency who 
took the assessment in such subject 
and averaged across all grades; and’’; 
and 
(B) by amending subparagraph (F) to read 
as follows: 
‘‘(F) DELAY.—Notwithstanding subpara-
graph (B)(ii), a State educational agency may 
delay, for a period not to exceed 1 year, imple-
mentation of corrective action under this para-
graph if the local educational agency makes 
adequate yearly progress for 1 year or its fail-
ure to make adequate yearly progress is due 
to— 
‘‘(i) exceptional or uncontrollable cir-
cumstances, such as a natural disaster; 
‘‘(ii) a precipitous and unforeseen de-
cline in the financial resources of the local 
educational agency; or 
‘‘(iii) a sudden or significant increase 
in the number or percentage of students 
represented by any group described in sec-
tion 1111(b)(2)(C)(v).’’. 
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(b) GRANTS FOR ADMINISTRATIVE COSTS.—In addi-
tion to funds that are already available for this purpose, 
the Secretary of Education shall allocate Federal funds 
to pay for administrative costs associated with dem-
onstrating achievement of adequate yearly progress in ac-
cordance with subsections (a) and (c). 
(c) EFFECTIVE DATES.— 
(1) AMENDMENTS.—The amendments made by 
this section shall take effect and apply as if they had 
been made by the No Child Left Behind Act of 
2001. 
(2) REGULATIONS.—The Secretary of Edu-
cation shall enforce any regulations that the Sec-
retary has promulgated on or after the date of the 
enactment of the No Child Left Behind Act of 2001 
as if such regulations had been promulgated on such 
date. 
SEC. 5. MEASURING STUDENT ACHIEVEMENT THROUGH 
LONGITUDINAL GROWTH. 
(a) IN GENERAL.—Section 1111(b) of the Elemen-
tary and Secondary Education Act of 1965 (20 U.S.C. 
6311(b)) is amended— 
(1) in paragraph (2)— 
(A) in subparagraph (A)— 
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(i) in clause (ii), by striking ‘‘and’’ at 
the end; 
(ii) in clause (iii), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(iii) by adding at the end the fol-
lowing new clause: 
‘‘(iv) include information relating to 
approved providers of supplemental edu-
cational services under section 1116(e).’’; 
and 
(B) in subparagraph (C)— 
(i) in clause (vi), by striking ‘‘and’’ at 
the end; 
(ii) in clause (vii), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(iii) by adding at the end the fol-
lowing new clause: 
‘‘(viii) at the State’s discretion, meas-
ures the progress of public elementary 
schools, secondary schools, and local edu-
cational agencies by tracking the progress 
of individual students or cohorts of stu-
dents on a longitudinal basis in lieu of, or 
in addition to, comparing the proficiency of 
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a class of students with the proficiency of 
earlier classes of students.’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(11) LONGITUDINAL PROGRESS OF TRANSFER-
RING STUDENTS.— 
‘‘(A) IN GENERAL.—If a State chooses to 
measure adequate yearly progress on a longitu-
dinal basis in accordance with paragraph 
(2)(C)(viii), the State may exclude from such 
measurement of progress at a school any stu-
dent who transferred to that school at the be-
ginning of or during the school year involved. 
‘‘(B) 
STUDENTS
WHO
FREQUENTLY 
TRANSFER.—The Secretary by regulation— 
‘‘(i) shall ensure that a State choosing 
to measure adequate yearly progress on a 
longitudinal basis has in effect a system 
for measuring the progress of students who 
frequently transfer among schools; and 
‘‘(ii) in the case of a student who at-
tends three or more schools in any five- 
year period, shall provide for the sharing 
of school records.’’. 
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