I 
109TH CONGRESS 
1ST SESSION H. R. 1177
To amend the accountability provisions of part A of title I of the Elementary 
and Secondary Education Act of 1965, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 8, 2005
Mr. TERRY introduced the following bill; which was referred to the Committee 
on Education and the Workforce 
A BILL 
To amend the accountability provisions of part A of title 
I of the Elementary and Secondary Education Act of 
1965, and for other purposes.
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 ‘‘State and Local Edu-
cation Flexibility Act of 2005’’. 
SEC. 2. AMENDMENTS TO ESEA. 
(a) LIMITED ENGLISH PROFICIENT STUDENTS.—
Section 1111(b) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6311(b)) is amended—
(1) in paragraph (2)(C)—
(A) in clause (vi), by striking ‘‘and’’ at the 
end; 
(B) in clause (vii), by striking the period 
at the end and inserting ‘‘; and’’ ; and 
(C) by adding at the end the following: 
‘‘(viii) at the State’s discretion on a 
case-by-case basis, may not include the 
performance of any limited English pro-
ficient student if— 
‘‘(I) the student has not been en-
rolled for 3 full school years in an ele-
mentary school or secondary school in 
the State; and 
‘‘(II) the parents of the student, 
and the school administrator or team 
of educators designated by the stu-
dent’s school for making limited 
English proficiency placement and as-
sessment decisions, agree that such an 
exclusion is educationally appropriate 
for the student.’’; 
(2) in clause (ii) of paragraph (2)(I), by insert-
ing ‘‘is subject to paragraph (3)(C)(xvi),’’ after ‘‘ex-
cept that the 95 percent requirement described in 
this clause’’;
(3) in paragraph (3)(C)—
(A) in clause (xiv), by striking ‘‘and’’ at 
the end; 
(B) in clause (xv), by striking the period at 
the end and inserting ‘‘; and’’ ; and 
(C) by adding at the end the following: 
‘‘(xvi) 
notwithstanding 
clause 
(ix)(III), at the State’s discretion on a 
case-by-case basis, not include any limited 
English proficient student if—
‘‘(I) the student is enrolled in his 
or her first full school year in an ele-
mentary school or secondary school in 
the State; and 
‘‘(II) the parents of the student, 
and the school administrator or team 
of educators designated by the stu-
dent’s school for making limited 
English proficiency placement and as-
sessment decisions, agree that such an 
exclusion is educationally appropriate 
for the student.’’; and 
(4) in paragraph (7), by adding at the end the 
following: ‘‘Notwithstanding the preceding sentence, 
a State plan may provide for the exclusion from
such annual assessment of English proficiency of 
any limited English proficient student if (A) the stu-
dent is enrolled in his or her first full school year 
in an elementary or secondary school in the State; 
and (B) the parents of the student, and the school 
administrator or team of educators designated by 
the student’s school for making limited English pro-
ficiency placement and assessment decisions, agree 
that such an exclusion is educationally appropriate 
for the student.’’
(b) CONSIDERATION
OF GRADUATION RATES
IN 
AYP.—Clause (vi) of section 1111(b)(2)(C) of the Ele-
mentary and Secondary Education 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 in-
clude (I) any student who has exceptional circumstances 
and graduates from secondary school with a regular di-
ploma in not more than 5 years, (II) any qualified child 
with a disability (as that term is defined in paragraph 
(3)(C)(11)) who graduates from secondary school with a 
regular diploma before attaining an age established by 
State law, and (III) any qualified child with a disability 
(as that term is defined in paragraph (3)(C)(11)) who sat-
isfies such alternative challenging academic content and 
achievement standards as the State may establish for the
child to complete secondary school in a reasonable period 
of time’’ after ‘‘in the standard number of years’’. 
(c) CHILDREN WITH DISABILITIES.—Subsection (b) 
of section 1111 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6311) is amended—
(1) in subparagraph (B) of paragraph (1), by 
striking ‘‘The academic standards’’ and inserting 
‘‘Subject to paragraph (11), the academic stand-
ards’’; 
(2) in clause (i) of paragraph (2)(C), by strik-
ing ‘‘applies the same high standards’’ and inserting 
‘‘subject to paragraph (11), applies the same high 
standards’’; 
(3) in clause (i) of paragraph (3)(C), by strik-
ing ‘‘be the same academic assessments’’ and insert-
ing ‘‘subject to paragraph (11), be the same aca-
demic assessments’’; and 
(4) by adding at the end the following: 
‘‘(11) CHILDREN WITH DISABILITIES.—
‘‘(A) RELATION TO IEP.—Subject to the 
requirements of subparagraphs (B) and (C), 
with respect to a qualified child with a dis-
ability, a State plan may provide for modifica-
tion of the challenging academic content stand-
ards and challenging student academic achieve-