II 118th CONGRESS 1st Session S. 3152 IN THE SENATE OF THE UNITED STATES October 26, 2023 Ms. Hirono (for herself, Mr. Markey , Mrs. Gillibrand , Mr. Booker , and Ms. Warren ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Elementary and Secondary Education Act of 1965 to require that annual State report cards reflect the same race groups as the decennial census of population.

1. Short title This Act may be cited as the All Students Count Act of 2023 . 2. Findings Congress finds the following: (1) Asian Americans, as well as Native Hawaiians and Pacific Islanders, are an incredibly diverse population. Due to this diversity, the United States Office of Management and Budget’s Statistical Policy Directive No. 15 of 1997, entitled Race and Ethnic Standards for Federal Statistics and Administrative Reporting , separated the Asian and Pacific Islander category into two distinct and separate categories, now called Asians and Native Hawaiians and Other Pacific Islanders , and these two distinct categories were used in the 2000 United States Census. As of 2022, the United States Census Bureau reports data for at least 27 different ethnicities within these two categories. (2) While Asian Americans, as well as Native Hawaiians and Pacific Islanders, are often misrepresented as a homogeneous group, their diversity represents ethnicities from over 30 different countries. They also experience diverse social and educational differences that are unique to their respective communities. (3) For example, there are now over 3,000,000 Southeast Asian Americans in the United States, including 1,100,000 refugees from Cambodia, Laos, and Vietnam, who escaped war, persecution, and genocide. Southeast Asian Americans’ experiences with violence and the stressors associated with relocation have negatively affected their educational outcomes. According to data from the Bureau of the Census, around a quarter of Southeast Asian American adults aged 25 and older do not have a high school diploma, compared to 12 percent of the total population. An additional 42 percent of Cambodian, 44 percent of Hmong, 48 percent of Lao, and 37 percent of Vietnamese American high school graduates have not continued on to earn their bachelor’s degree, compared to 29 percent of all Asian Americans. (4) The history of Native Hawaiians and Pacific Islanders include forced migration and complex political relationships with the United States. As a result, this history has influenced Native Hawaiian and Pacific Islander students’ long-term educational opportunities. For example, the high school graduation rates for Native Hawaiian and Pacific Islanders average 84 percent, yet less than 15 percent have attained a four-year bachelor’s degree. The proportion of Native Hawaiian and Pacific Islander adults who have not enrolled in any postsecondary education is particularly high, including 58 percent of Samoans, 57 percent of Tongans, 53 percent of Native Hawaiians, and 49 percent of Guamanians or Chamorros. (5) The Elementary and Secondary Education Act of 1965 requires that States report certain educational data disaggregated only by major racial and ethnic groups. However, detailed ethnic groups, which have long been reported by the Bureau of the Census and requested by diverse Asian American and Native Hawaiian and Pacific Islander communities to be included in education data, are not included in data collection and reporting requirements. As of 2023, data requirements do not reflect the changing demographics, varied experiences, and needs of public school students. (6) Given the diversity in backgrounds and educational experiences, disaggregating data for detailed Asian American and Native Hawaiian and Pacific Islander ethnic groups and making the data publicly available and accessible are critical to identifying and supporting the educational needs of these diverse communities. 3. Disaggregation of information on student performance (a) Further disaggregation of Asian American, Native Hawaiian, and Pacific Islander student data Section 1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(2)(B)(xi) ) is amended by striking ethnic group; and inserting “ethnic group, including— (aa) under the category of Asian American , Chinese, Asian Indian, Filipino, Japanese, Korean, Vietnamese, Pakistani, Cambodian, Hmong, Laotian, Thai, Taiwanese, Burmese, Bangladeshi, and Nepalese sub-groups, and, to the greatest extent practicable, additional subgroups such as the lu Mien and Montagnards; and (bb) under the category of Native Hawaiian and Pacific Islander , Native Hawaiian, Samoan, Chamorro, Tongan, iTaukei, and Marshallese, and, to the greatest extent practicable, additional subgroups such as the Chuukese and Palauan. . (b) Further defining subgroups under statewide accountability system Section 1111(c)(2)(B) of that Act ( 20 U.S.C. 6311(c)(2)(B) ) is amended by inserting (as described in subsection (b)(2)(B)(xi)) after ethnic group . 4. Guidance on collecting and reporting ethnic data The Secretary of Education, in consultation with the Director of the Institute of Education Sciences, shall develop guidance related to whether and when the reporting requirements described under section 1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(2)(B)(xi) ) will yield statistically reliable information. Such guidance shall help to inform the minimum number of students that will maximize data reporting for each major racial and ethnic group.