I 
111TH CONGRESS 
1ST SESSION H. R. 3384 
To remove the testing provisions in the Elementary and Secondary Education 
Act of 1965. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 29, 2009 
Mr. BACA introduced the following bill; which was referred to the Committee 
on Education and Labor 
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’’. 
SEC. 2. 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 
of an amendment to, or a repeal of, a provision, the 
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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. 3. ELIMINATION OF SCHOOL IMPROVEMENT PROVI-
SIONS. 
Section 1003 (20 U.S.C. 6303) is repealed. 
SEC. 4. 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; 
(2) by striking paragraphs (2), (3), (4), and 
(10); 
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(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. 5. 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— 
‘‘(1) a description of high-quality student aca-
demic assessments, if any, that the local educational 
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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 
participants in such programs to local elemen-
tary school programs; and 
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