I 
112TH CONGRESS 
2D SESSION 
H. R. 5654 
To remove the testing provisions in the Elementary and Secondary Education 
Act of 1965. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 9, 2012 
Mr. BACA introduced the following bill; which was referred to the Committee 
on Education and the Workforce 
A BILL 
To remove the testing provisions in the Elementary and 
Secondary Education Act of 1965. 
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 ‘‘S.O.S. (Save Our 
Schools) Act of 2012’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) The culture of high-stakes testing created 
by the No Child Left Behind Act of 2001 has failed 
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our children, and has been especially harmful to 
America’s underserved communities. 
(2) The punitive sanctions that schools face 
when testing scores do not improve have created a 
culture of ‘‘teaching to the test’’ which leaves Amer-
ica students lacking in many of the skills necessary 
to find success in life. 
(3) The pressure for schools to achieve positive 
test results has directly resulted in thousands of 
cheating scandals on standardized tests in which 
teachers, administrators, and others have actively 
changed test results or encouraged students to cheat 
on tests. 
(4) An investigative series published in the 
USA Today in March of 2011 documented 1,610 
cases of standardized test-score manipulation in 6 
States and the District of Columbia, between 2009 
and 2010. 
(5) When America’s laws incentivize bad behav-
ior, it sends a clear signal that Congress must act 
to change misguided public policy. 
SEC. 3. AMENDMENTS TO THE ELEMENTARY AND SEC-
ONDARY EDUCATION ACT OF 1965. 
Except as otherwise expressly provided, whenever in 
this Act an amendment or repeal is expressed in terms 
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of an amendment to, or a repeal of, a provision, the 
amendment or repeal shall be considered to be made to 
a provision of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 6301 et seq.). 
SEC. 4. ELIMINATION OF SCHOOL IMPROVEMENT PROVI-
SIONS. 
Section 1003 (20 U.S.C. 6303) is repealed. 
SEC. 5. ELIMINATION OF TESTING PROVISIONS FROM 
STATE PLANS. 
Section 1111(b) (20 U.S.C. 6311(b)) is amended— 
(1) in paragraph (1)— 
(A) by striking subparagraphs (A), (B), 
and (D)(i)(II); 
(B) in subparagraph (D)(i)— 
(i) by redesignating subclause (III) as 
subclause (II); and 
(ii) by inserting ‘‘and’’ at the end of 
subclause (I); 
(C) in subparagraph (E) by striking ‘‘sub-
paragraphs (A), (B), and (C)’’ and inserting 
‘‘subparagraph (A)’’; and 
(D) by redesignating subparagraphs (C), 
(D), (E), and (F) as subparagraphs (A), (B), 
(C), and (D), respectively; 
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(2) by striking paragraphs (2), (3), (4), and 
(10); 
(3) in paragraph (8)— 
(A) in subparagraph (A) by striking ‘‘sec-
tions 1112(c)(1)(D), 1114(b), and 1115(c)’’ 
and inserting ‘‘sections 1114(b) and 1115(c)’’; 
and 
(B) in subparagraph (C) by striking ‘‘sec-
tions 1114(b)(1)(C) and 1115(c)(3)’’ and in-
serting 
‘‘sections 
1114(b)(1)(A) 
and 
1115(c)(1)(D)’’; 
(4) in paragraph (9) by striking ‘‘that are iden-
tified under section 1116 and’’; and 
(5) by redesignating paragraphs (5), (6), (7), 
(8), and (9) as paragraphs (2), (3), (4), (5), and 
(6), respectively. 
SEC. 6. ELIMINATION OF TESTING PROVISIONS FROM 
LOCAL EDUCATIONAL AGENCY PLANS. 
Section 1112 (20 U.S.C. 6312) is amended— 
(1) by amending subsection (b) to read as fol-
lows: 
‘‘(b) PLAN PROVISIONS.—In order to help low-achiev-
ing children meet challenging achievement academic 
standards, each local educational agency plan shall in-
clude— 
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‘‘(1) a description of high-quality student aca-
demic assessments, if any, that the local educational 
agency and schools served under this part will use 
to identify effectively students who may be at risk 
for reading failure or who are having difficulty read-
ing, through the use of screening, diagnostic, and 
classroom-based instructional reading assessments, 
as defined under section 1208; 
‘‘(2) a description of the strategy the local edu-
cational agency will use to coordinate programs 
under this part with programs under title II to pro-
vide professional development for teachers and prin-
cipals, and, if appropriate, pupil services personnel, 
administrators, parents and other staff, including 
local educational agency level staff in accordance 
with sections 1118 and 1119; 
‘‘(3) a description of how the local educational 
agency will coordinate and integrate services pro-
vided under this part with other educational services 
at the local educational agency or individual school 
level, such as— 
‘‘(A) Even Start, Head Start, Reading 
First, Early Reading First, and other preschool 
programs, including plans for the transition of 
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participants in such programs to local elemen-
tary school programs; and 
‘‘(B) services for children with limited 
English proficiency, children with disabilities, 
migratory children, neglected or delinquent 
youth, Indian children served under part A of 
title VII, homeless children, and immigrant 
children in order to increase program effective-
ness, eliminate duplication, and reduce frag-
mentation of the instructional program; 
‘‘(4) a description of the poverty criteria that 
will be used to select school attendance areas under 
section 1113; 
‘‘(5) a description of how teachers, in consulta-
tion with parents, administrators, and pupil services 
personnel, in targeted assistance schools under sec-
tion 1115, will identify the eligible children most in 
need of services under this part; 
‘‘(6) a general description of the nature of the 
programs to be conducted by such agency’s schools 
under sections 1114 and 1115 and, where appro-
priate, educational services outside such schools for 
children living in local institutions for neglected or 
delinquent children, and for neglected and delin-
quent children in community day school programs; 
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(B) by redesignating paragraph (5) as 
paragraph (4); and 
(C) by amending paragraph (1) to read as 
follows: 
‘‘(1) NOTICE.—Each local educational agency 
using funds under this part to provide a language 
instruction educational program as determined in 
part C of title III shall, not later than 30 days after 
the beginning of the school year, inform a parent or 
parents of a limited English proficient child identi-
fied for participation or participating in, such a pro-
gram of— 
‘‘(A) the reasons for the identification of 
their child as limited English proficient and in 
need of placement in a language instruction 
educational program; 
‘‘(B) the child’s level of English pro-
ficiency, how such level was assessed, and the 
status of the child’s academic achievement; 
‘‘(C) the methods of instruction used in 
the program in which their child is, or will be 
participating, and the methods of instruction 
used in other available programs, including how 
such programs differ in content, instructional 
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goals, and the use of English and a native lan-
guage in instruction; 
‘‘(D) how the program in which their child 
is, or will be participating, will meet the edu-
cational strengths and needs of their child; 
‘‘(E) how such program will specifically 
help their child learn English, and meet age-ap-
propriate academic achievement standards for 
grade promotion and graduation; 
‘‘(F) the specific exit requirements for the 
program, including the expected rate of transi-
tion from such program into classrooms that 
are not tailored for limited English proficient 
children, and the expected rate of graduation 
from secondary school for such program if 
funds under this part are used for children in 
secondary schools; 
‘‘(G) in the case of a child with a dis-
ability, how such program meets the objectives 
of the individualized education program of the 
child; and 
‘‘(H) information pertaining to parental 
rights that includes written guidance— 
‘‘(i) detailing— 
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‘‘(I) the right that parents have 
to have their child immediately re-
moved from such program upon their 
request; and 
‘‘(II) the options that parents 
have to decline to enroll their child in 
such program or to choose another 
program or method of instruction, if 
available; and 
‘‘(ii) assisting parents in selecting 
among various programs and methods of 
instruction, if more than one program or 
method is offered by the eligible entity.’’. 
SEC. 7. ELIMINATION OF TESTING PROVISIONS FROM 
SCHOOLWIDE PROGRAMS. 
Section 1114(b) (20 U.S.C. 6314(b)) is amended— 
(1) in paragraph (1)— 
(A) by striking subparagraphs (A), (B), 
(H), and (I); and 
(B) by redesignating subparagraphs (C), 
(D), (E), (F), (G), and (J) as subparagraphs 
(A), (B), (C), (D), (E), and (F), respectively; 
(2) in paragraph (2)(A)— 
(A) by striking ‘‘or other technical assist-
ance provider under section 1117’’; 
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(B) by striking clause (iv); 
(C) by inserting ‘‘and’’ at the end of clause 
(ii); and 
(D) in clause (iii) by striking ‘‘; and’’ and 
inserting a period; and 
(3) in paragraph (2)(B)(i)(I) by striking ‘‘, 
after considering the recommendation of the tech-
nical assistance providers under section 1117,’’. 
SEC. 8. ELIMINATION OF TESTING PROVISIONS FROM TAR-
GETED ASSISTANCE SCHOOLS. 
Section 1115(c) (20 U.S.C. 6315(c)) is amended to 
read as follows: 
‘‘(c) COMPONENTS
OF
A TARGETED ASSISTANCE 
SCHOOL PROGRAM.—To assist targeted assistance schools 
and local educational agencies to meet their responsibility 
to provide for all their students served under this part the 
opportunity to meet the State’s challenging student aca-
demic achievement standards in subjects as determined by 
the State, each targeted assistance program under this 
section shall— 
‘‘(1) ensure that planning for students served 
under this part is incorporated into existing school 
planning; 
‘‘(2) use effective methods and instructional 
strategies that are based on scientifically based re-
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search that strengthens the core academic program 
of the school and that— 
‘‘(A) give primary consideration to pro-
viding extended learning time, such as an ex-
tended school year, before- and after-school, 
and summer programs and opportunities; 
‘‘(B) help provide an accelerated, high- 
quality curriculum, including applied learning; 
and 
‘‘(C) minimize removing children from the 
regular classroom during regular school hours 
for instruction provided under this part; 
‘‘(3) coordinate with and support the regular 
education program, which may include services to 
assist preschool children in the transition from early 
childhood programs such as Head Start, Even Start, 
Early Reading First or State-run preschool pro-
grams to elementary school programs; 
‘‘(4) provide instruction by highly qualified 
teachers; 
‘‘(5) in accordance with subsection (e)(3) and 
section 1119, provide opportunities for professional 
development with resources provided under this part, 
and, to the extent practicable, from other sources, 
for teachers, principals, and paraprofessionals, in-
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cluding, if appropriate, pupil services personnel, par-
ents, and other staff, who work with participating 
children in programs under this section or in the 
regular education program; 
‘‘(6) provide strategies to increase parental in-
volvement in accordance with section 1118, such as 
family literacy services; and 
‘‘(7) coordinate and integrate Federal, State, 
and local services and programs, including programs 
supported under this Act, violence prevention pro-
grams, nutrition programs, housing programs, Head 
Start, adult education, vocational and technical edu-
cation, and job training.’’. 
SEC. 9. ELIMINATION OF ACADEMIC ASSESSMENT AND 
LOCAL EDUCATIONAL AGENCY AND SCHOOL 
IMPROVEMENT. 
Section 1116 (20 U.S.C. 6316) is repealed. 
SEC. 10. ELIMINATION OF SCHOOL SUPPORT AND REC-
OGNITION. 
Section 1117 (20 U.S.C. 6317) is repealed. 
SEC. 11. CONFORMING AMENDMENTS. 
(a) STATE PLANS.—Section 1111 (20 U.S.C. 6311) 
is amended— 
(1) in subsection (c)— 
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dents served by the local educational agen-
cy achieved on the statewide academic as-
sessment compared to students in the 
State as a whole; and’’; and 
(C) in paragraph (4)— 
(i) by striking subparagraphs (A), 
(B), (C), and (E); and 
(ii) by redesignating subparagraphs 
(D), (F), and (G) as subparagraphs (A), 
(B), and (C), respectively. 
(b) ELIGIBLE SCHOOL ATTENDANCE AREAS.—Sec-
tion 1113(c) (20 U.S.C. 6313(c)) is amended by striking 
paragraph (4). 
(c) 
PARENTAL
INVOLVEMENT.—Section 
1118(a)(2)(A) (20 U.S.C. 1118(a)(2)(A)) is amended by 
striking ‘‘, and the process of school review and improve-
ment under section 1116’’. 
(d) QUALIFICATIONS
FOR TEACHERS
AND PARA-
PROFESSIONALS.—Section 1119(k) (20 U.S.C. 6319(k)) 
is amended by striking ‘‘, except that this paragraph shall 
not apply with respect to requirements under section 
1116(c)(3)’’. 
(e) FORMULA GRANTS
TO STATE EDUCATIONAL 
AGENCIES.—Section 1202 (20 U.S.C. 6362) is amend-
ed— 
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(1) in subsection (c)— 
(A) by amending paragraph (6) to read as 
follows: 
‘‘(6) LIMITATION
TO
CERTAIN
SCHOOLS.—In 
distributing subgrant funds under this subsection, 
an eligible local educational agency shall provide 
funds only to schools that both are among the 
schools served by that eligible local educational agen-
cy with the highest percentages or numbers of stu-
dents in kindergarten through grade 3 reading below 
grade level, based on the most currently available 
data and have the highest percentages or numbers 
of children counted under section 1124(c).’’. 
(B) in paragraph (7)(A)— 
(i) by striking clause (vi); and 
(ii) by redesignating clause (vii) as 
clause (vi); 
(2) in subsection (d)(5)(C)(ii)(IV) by striking ‘‘, 
significantly increased the percentages of students 
described in section 1111(b)(2)(C)(v)(II) who are 
reading at grade level or above,’’; and 
(3) in subsection (e)(1)(B) by striking ‘‘, sig-
nificantly increased the percentages of students de-
scribed in section 1111(b)(2)(C)(v)(II) who are read-
ing at grade level or above,’’. 
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(f) 
TARGETED
ASSISTANCE
GRANTS.—Section 
1204(a) (20 U.S.C. 6364(a)) is amended to read as fol-
lows: 
‘‘(a) ELIGIBILITY CRITERIA FOR AWARDING TAR-
GETED ASSISTANCE GRANTS
TO STATES.—Beginning 
with fiscal year 2004, from funds appropriated under sec-
tion 1202(b)(1)(E), the Secretary shall make grants, on 
a competitive basis, to those State educational agencies 
that, for each of 2 consecutive years, demonstrate that 
schools receiving funds under section 1202 are improving 
the reading skills of students in grades 1, 2, and 3 based 
on screening, diagnostic, and classroom-based instruc-
tional reading assessments.’’. 
(g) DEFINITIONS.—Section 1208(1)(B) (20 U.S.C. 
6368(1)(B)) is amended— 
(1) by striking clause (ii); 
(2) by inserting ‘‘or’’ at the end of clause (i); 
and 
(3) by redesignating clause (iii) as clause (ii). 
(h) COORDINATION OF MIGRANT EDUCATION ACTIVI-
TIES.—Section 1308(b)(2)(A)(ii) is amended by striking 
‘‘, credit accrual, and results from State assessments re-
quired under section 1111(b)’’ and inserting ‘‘, and credit 
accrual’’. 
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(i) EVALUATIONS.—Section 1501 (20 U.S.C. 6491) 
is amended— 
(1) in subsection (a)(2)— 
(A) by striking subparagraphs (I) and (N); 
and 
(B) by redesignating subparagraphs (J), 
(K), (L), (M), and (O) as subparagraphs (I), 
(J), (K), (L), and (M), respectively; and 
(2) in subsection (c)(2)— 
(A) by striking subparagraph (E); and 
(B) by redesignating subparagraph (F) as 
subparagraph (E). 
(j) STATE USE OF FUNDS.—Section 1604(c) (20 
U.S.C. 6514(c)) is amended to read as follows: 
‘‘(c) PRIORITY.—A State educational agency, in 
awarding subgrants under this part, shall give priority to 
local educational agencies or consortia that demonstrate 
a commitment to assist schools with budget allocation, 
professional development, and other strategies necessary 
to ensure the comprehensive school reforms are properly 
implemented and are sustained in the future.’’. 
(k) LOCAL APPLICATIONS
AND NEEDS ASSESS-
MENT.—Section 2122(b)(3) (20 U.S.C. 6622(b)(3)) is 
amended— 
(1) by striking subparagraph (C); 
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(2) by inserting ‘‘or’’ at the end of subpara-
graph (A); and 
(3) in subparagraph (B), by striking ‘‘; or’’ and 
inserting a period. 
(l) DEFINITIONS.—Section 2131 (20 U.S.C. 6631) is 
amended to read as follows: 
‘‘SEC. 2131. DEFINITION. 
‘‘In this subpart, the term ‘eligible partnership’ 
means an entity that— 
‘‘(1) shall include— 
‘‘(A) a private or State institution of high-
er education and the division of the institution 
that prepares teachers and principals; 
‘‘(B) a school of arts and sciences; and 
‘‘(C) a high-need local educational agency; 
and 
‘‘(2) may include another local educational 
agency, a public charter school, an elementary school 
or secondary school, an educational service agency, 
a nonprofit educational organization, another insti-
tution of higher education, a school of arts and 
sciences within such an institution, the division of 
such an institution that prepares teachers and prin-
cipals, a nonprofit cultural organization, an entity 
carrying out a prekindergarten program, a teacher 
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organization, a principal organization, or a busi-
ness.’’. 
(m) 
TECHNICAL
ASSISTANCE
AND
ACCOUNT-
ABILITY.—Section 2141(c) (20 U.S.C. 6641(c)) is amend-
ed by striking ‘‘, and has failed to make adequate yearly 
progress as described under section 1111(b)(2)(B),’’. 
(n) DEFINITIONS.—Section 2403(3)(B) (20 U.S.C. 
6753(3)(B)) is amended to read as follows: 
‘‘(B) has a substantial need for assistance 
in acquiring and using technology.’’. 
(o) LOCAL APPLICATIONS.—Section 2414(b)(3)(A) 
(20 U.S.C. 6764(b)(3)(A)) is amended by striking ‘‘, or 
schools identified under section 1116,’’. 
(p) 
PURPOSES.—Section 
3102(8) 
(20 
U.S.C. 
6812(8)) is amended to read as follows: 
‘‘(8) to hold State educational agencies, local 
educational agencies, and schools accountable for in-
creases in English proficiency and core academic 
content knowledge of limited English proficient chil-
dren by requiring demonstrated improvements in the 
English proficiency of limited English proficient chil-
dren each fiscal year; and’’. 
(q) 
FORMULA
GRANTS
TO
STATES.—Section 
3111(c)(4)(B)(ii)(II) (20 U.S.C. 6821(c)(4)(B)(ii)(II)) is 
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amended by striking ‘‘section 1111(b)(7)’’ and inserting 
‘‘section 1111(b)(4)’’. 
(r) STATE
AND SPECIALLY QUALIFIED AGENCY 
PLANS.—Section 3113(b) (20 U.S.C. 6823(b)) is amend-
ed— 
(1) in paragraphs (3)(C) and (3)(D) by striking 
‘‘section 
1111(b)(7)’’ 
and 
inserting 
‘‘section 
1111(b)(4)’’; and 
(2) in paragraph (5)— 
(A) by striking subparagraph (B); 
(B) by inserting ‘‘and’’ at the end of sub-
paragraph (A); and 
(C) by redesignating subparagraph (C) as 
subparagraph (B). 
(s) LOCAL PLANS.—Section 3116(b)(3) (20 U.S.C. 
6826(b)(3)) is amended— 
(1) by striking subparagraph (B); 
(2) by inserting ‘‘and’’ at the end of subpara-
graph (A); and 
(3) by redesignating subparagraph (C) as sub-
paragraph (B). 
(t) EVALUATIONS.—Section 3121 (20 U.S.C. 6841) 
is amended— 
(1) in subsection (c)(1)— 
(A) by striking subparagraph (D); and 
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(B) by inserting ‘‘and’’ at the end of sub-
paragraph (B); and 
(2) in subsection (d)— 
(A) by striking paragraph (2); 
(B) by inserting ‘‘and’’ at the end of para-
graph (1); and 
(C) by redesignating paragraph (3) as 
paragraph (2). 
(u) ACHIEVEMENT
OBJECTIVES
AND
ACCOUNT-
ABILITY.—Section 3122(a)(3) (20 U.S.C. 6842(a)(3)) is 
amended to read as follows: 
‘‘(3) CONTENTS.—Such annual measurable 
achievement objectives shall include— 
‘‘(A) at a minimum, annual increases in 
the number or percentage of children making 
progress in learning English; and 
‘‘(B) at a minimum, annual increases in 
the number or percentage of children attaining 
English proficiency by the end of each school 
year, as determined by a valid and reliable as-
sessment of English proficiency consistent with 
section 1111(b)(4).’’. 
(v) LOCAL COMPETITIVE GRANT PROGRAM.—Section 
4204(i)(1) (20 U.S.C. 7174(i)(1)) is amended to read as 
follows: 
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‘‘(1) PRIORITY.—In awarding grants under this 
part, a State educational agency shall give priority 
to applications submitted jointly by eligible entities 
consisting of not less than 1— 
‘‘(A) local educational agency receiving 
funds under part A of title I; and 
‘‘(B) community-based organization or 
other public or private entity.’’. 
(w) LOCAL USES OF FUNDS.—Section 5131(a) (20 
U.S.C. 7215(a)) is amended— 
(1) by striking paragraphs (9) and (27); and 
(2) by redesignating paragraphs (10), (11), 
(12), (13), (14), (15), (16), (17), (18), (19), (20), 
(21), (22), (23), (24), (25) and (26) as paragraphs 
(9), (10), (11), (12), (13), (14), (15), (16), (17), 
(18), (19), (20), (21), (22), (23), (24), and (25), re-
spectively. 
(x) LOCAL APPLICATIONS.—Section 5133(b)(9) (20 
U.S.C. 7215b(b)(9)) is amended by striking ‘‘section 
5131(a)(23)’’ and inserting ‘‘section 5131(a)(22)’’. 
(y) EVALUATIONS.—Section 5246(b)(3) (20 U.S.C. 
7225e(b)(3)) is amended by striking ‘‘, particularly stu-
dents who move from schools identified under section 1116 
to schools not so identified,’’. 
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(z) GRANTS
FOR STATE ASSESSMENTS
AND RE-
LATED
ACTIVITIES.—Section 6111(2)(B) (20 U.S.C. 
7301(2)(B)) is amended by striking ‘‘section 1111(b)(7)’’ 
and inserting ‘‘section 1111(b)(4)’’. 
(aa) GRANTS FOR ENHANCED ASSESSMENT INSTRU-
MENTS.—Section 6112(a)(1) (20 U.S.C. 7301a(a)(1)) is 
amended by striking ‘‘beyond the requirements for such 
assessments described in section 1111(b)(3)’’. 
(bb) FUNDING.—Section 6113(b)(1) (20 U.S.C. 
7301b(b)(1)) is amended by striking ‘‘that are equal to 
or 
less 
than 
the 
amount 
described 
in 
section 
1111(b)(3)(D)’’. 
(cc) 
TRANSFERABILITY
OF
FUNDS.—Section 
6123(b)(1) (20 U.S.C. 7305b(b)(1)) is amended— 
(1) in subparagraph (A), by striking ‘‘(except a 
local educational agency identified for improvement 
under section 1116(c) or subject to corrective action 
under section 1116(c)(9))’’; 
(2) by striking subparagraph (B); and 
(3) by redesignating subparagraph (C) as sub-
paragraph (B). 
(dd) STATE FLEXIBILITY.—Section 6141(c)(1)(A) 
(20 U.S.C. 7315(c)(1)(A)) is amended to read as follows: 
‘‘(A) information demonstrating, to the 
satisfaction of the Secretary, that the grant of 
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authority offers substantial promise of aligning 
State and local reforms and assisting the local 
educational agencies that enter into perform-
ance agreements with the State educational 
agency under paragraph (2) in making such 
adequate yearly progress;’’. 
(ee) ACCOUNTABILITY
FOR
ADEQUATE
YEARLY 
PROGRESS.—Section 6161 (20 U.S.C. 7325) is amended 
to read as follows: 
‘‘SEC. 6161. ACCOUNTABILITY FOR ADEQUATE YEARLY 
PROGRESS. 
‘‘In the case of a State educational agency that has 
a plan approved under subpart 1 of part A of title I after 
the date of enactment of the No Child Left Behind Act 
of 2001, and has a plan approved under subpart 1 of part 
A of title III of such Act after such date of enactment, 
the Secretary shall annually, starting with the beginning 
of the first school year following the first two school years 
for which such plans were implemented, review whether 
the State has met its annual measurable achievement ob-
jectives under section 3122(a).’’. 
(ff) PEER
REVIEW.—Section 6162 (20 U.S.C. 
7325a) is amended by striking ‘‘on data from the State 
assessments administered under section 1111(b)(3) and’’. 
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(gg) TECHNICAL ASSISTANCE.—Section 6163 (20 
U.S.C. 7325b) is amended to read as follows: 
‘‘(a) PROVISION OF ASSISTANCE.—Based on the re-
views described in section 6161, the Secretary may provide 
technical assistance to a State that has failed to meet its 
annual measurable achievement objectives under section 
3122(a) for 2 consecutive years. The Secretary shall pro-
vide such assistance not later than the beginning of the 
first school year that begins after such determination is 
made. 
‘‘(b) CHARACTERISTICS.—The technical assistance 
described in subsection (a) shall be valid, reliable and rig-
orous and meet the annual measurable achievement objec-
tives under section 3122(a).’’. 
(hh) REPORT
TO CONGRESS.—Section 6164 (20 
U.S.C. 7325c) is amended— 
(1) by striking paragraph (1); 
(2) in paragraph (2), by striking ‘‘section 
6161(2)’’ and inserting ‘‘section 6161’’; and 
(3) by redesignating paragraphs (2), (3), and 
(4) as paragraphs (1), (2), and (3), respectively. 
(ii) ACCOUNTABILITY.—Section 6213 (20 U.S.C. 
7345b) is repealed. 
(jj) ACCOUNTABILITY.—Section 6224 (20 U.S.C. 
7351c) is amended by striking subsections (d) and (e). 
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(kk) 
DEFINITIONS.—Section 
9101(25)(D) 
(20 
U.S.C. 7801(25)(D)) is amended— 
(1) by striking clause (i); and 
(2) by redesignating clauses (ii) and (iii) as 
clauses (i) and (ii), respectively. 
(ll) CIVIL RIGHTS.—Section 9534(b) (20 U.S.C. 
7914(b)) is amended by striking ‘‘section 1116 of title I 
and part B of title V, at the commencement of the entity’s 
participation in a grant under section 1116 of title I or’’ 
and inserting ‘‘part B of title V, at the commencement 
of the entity’s participation in a grant under’’. 
SEC. 12. TABLE OF CONTENTS AMENDMENTS. 
The item relating to sections 1003, 1116, 1117, and 
6213 in the table of contents are repealed. 
SEC. 13. EFFECTIVE DATE. 
This Act, and the amendments made by this Act, 
shall take effect August 1, 2013. 
Æ 
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