I 
109TH CONGRESS 
1ST SESSION H. R. 4085 
To amend the Elementary and Secondary Education Act of 1965 to improve 
certain accountability and assessment provisions. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 19, 2005 
Ms. HOOLEY introduced the following bill; which was referred to the 
Committee on Education and the Workforce 
A BILL 
To amend the Elementary and Secondary Education Act 
of 1965 to improve certain accountability and assessment 
provisions. 
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 ‘‘Flexibility in Assess-
ments for Individuals Reform Act of 2005’’. 
SEC. 2. AMENDMENTS TO ELEMENTARY AND SECONDARY 
EDUCATION ACT OF 1965. 
(a) LONGITUDINAL ASSESSMENT
OF AYP.—Sub-
paragraph (C) of section 1111(b)(2) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 
6311(b)(2)) is amended— 
(1) in clause (vi), by striking ‘‘and’’ at the end; 
(2) in clause (vii), by striking the period at the 
end and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(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 
a class of students with the proficiency of 
earlier classes of students; and’’. 
(b) PARTICIPATION IN ASSESSMENTS.— 
(1) OPT-OUT
FOR
CERTAIN
STUDENTS.—Sec-
tion 1111(b) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6311(b)) is amend-
ed— 
(A) in paragraph (2)(C)(iv), by inserting 
‘‘subject to subparagraph (L),’’ before ‘‘meas-
ures the progress’’; 
(B) in paragraph (2)(I)(ii), by inserting ‘‘, 
and the 95 percent requirement described in
this clause shall exclude any student who, pur-
suant to subparagraph (L), opts out of the as-
sessments)’’ after ‘‘about an individual stu-
dent’’; and 
(C) at the end of paragraph (2), by adding 
the following: 
‘‘(L) OPT-OUT FOR CERTAIN STUDENTS.— 
At the request of the parent of a student, a 
State may allow the student to opt out of the 
assessments described in paragraph (3) because 
the student is a child with a disability (as that 
term is defined in section 602 of the Individuals 
with Disabilities Education Act) or because of 
religious reasons.’’. 
(2) FLEXIBILITY IN SCHEDULING.—Paragraph 
(3) of section 1111(b) of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 6311(b)) 
is amended by adding at the end the following: 
‘‘(E) FLEXIBILITY IN SCHEDULING.—The 
Secretary shall give States the flexibility to re-
schedule the assessments described in this para-
graph in the case of a student who cannot at-
tend school at the time of the assessments be-
cause of—
‘‘(i) unusual weather or a natural dis-
aster; 
‘‘(ii) a cultural or religious event; or 
‘‘(iii) a medical condition.’’. 
(c) GRADUATION RATES.—Clause (vi) of section 
1111(b)(2)(C) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6311(b)(2)(C)) is amended 
by inserting ‘‘, except that, at the discretion of the State, 
such graduation rates may include any child with a dis-
ability (as that term is defined in section 602 of the Indi-
viduals with Disabilities Education Act) who satisfies such 
alternative challenging academic content and achievement 
standards as the State may establish, consistent with the 
child’s individualized education program (as that term is 
defined in section 602 of the Individuals with Disabilities 
Education Act), for the child to complete secondary school 
in a reasonable period of time’’ after ‘‘in the standard 
number of years’’. 
(d) STUDENTS
WITH
LIMITED
ENGLISH
PRO-
FICIENCY.—Section 1111(b) of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 6311(b)) is 
amended— 
(1) in subparagraph (C) of paragraph (2) (as 
amended by subsection (a) of this Act), by adding at 
the end the following:
‘‘(ix) continues to include students in 
the 
subgroup 
described 
in 
clause 
(v)(II)(dd) for three school years after 
such students attain English proficiency.’’; 
and 
(2) in paragraph (3)(C)(x), by striking ‘‘for 
three or more consecutive years’’ and inserting ‘‘for 
more than five consecutive years’’. 
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