I 
110TH CONGRESS 
1ST SESSION H. R. 1622 
To provide a waiver from sanctions under the Elementary and Secondary 
Education Act of 1965 for certain States, local educational agencies, 
and schools. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 21, 2007 
Mr. TOM DAVIS of Virginia (for himself, Mr. MORAN of Virginia, Mr. GOOD-
LATTE, Mr. BOUCHER, Mrs. JO ANN DAVIS of Virginia, Mr. GOODE, and 
Mr. WOLF) introduced the following bill; which was referred to the Com-
mittee on Education and Labor 
A BILL 
To provide a waiver from sanctions under the Elementary 
and Secondary Education Act of 1965 for certain States, 
local educational agencies, and schools. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. WAIVER. 
A State, local educational agency, or school shall be 
held harmless and not subject to the penalties provision 
under section 1111(g) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6311(g)), the require-
ments of school or local educational agency improvement, 
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corrective action, restructuring, or other sanctions or pen-
alties under section 1116 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 6313), or any 
other sanctions or penalties relating to academic assess-
ments under the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 6301 et seq.) for the 2006–2007 
school year if the following criteria are met: 
(1) The State (in the case of a local educational 
agency or school, the State within which such local 
educational agency or school exists) had 1 or more 
approved academic assessment plans for the 2005– 
2006 school year. 
(2) The State (in the case of a local educational 
agency or school, the State within which such local 
educational agency or school exists) had 1 or more 
of such plans subsequently held invalid by the De-
partment of Education for the 2006–2007 school 
year. 
(3) The Governor of the State (in the case of 
a local educational agency or school, the State within 
which such local educational agency or school exists) 
certifies, in writing, to the Secretary of Education 
that— 
(A) the State cannot effectively train its 
educators on a new or alternative assessment or 
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assessments in place of the assessment or as-
sessments for which the plan or plans were held 
invalid by the Department of Education, prior 
to the date the assessment or assessments are 
to be administered; and 
(B) the administration of any new or alter-
native assessment or assessments, in place of 
the assessment or assessments for which the 
plan or plans were held invalid by the Depart-
ment of Education, in the 2006–2007 school 
year is not in the best interest of the public 
school system and the children such system 
serves. 
(4) The Governor of the State (in the case of 
a local educational agency or school, the State within 
which such local educational agency or school exists) 
certifies, in writing, to the Secretary of Education 
that the local educational agency or school failed to 
make adequate yearly progress (as described in sec-
tion 1111(b)(2) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6311(b)(2))) 
based on academic assessments administered in the 
2006–2007 school year or the State would be subject 
to the penalties provision under section 1111(g) of 
the Elementary and Secondary Education Act of 
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1965 (20 U.S.C. 6311(g)) or any other sanctions or 
penalties relating to academic assessments under the 
Elementary and Secondary Education Act of 1965 
(20 U.S.C. 6301 et seq.) for the 2006–2007 school 
year solely because the State, local educational agen-
cy, or school meets each of the criteria described in 
paragraphs (1) through (3). 
Æ 
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