Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Input: SECTION 1. SHORT TITLE.

This Act may be cited as the ''No Child Left Behind Fairness Act of
2004''.

SEC. 2. REVIEW OF ADEQUATE YEARLY PROGRESS DETERMINATIONS FOR SCHOOLS
FOR THE 2002-2003 SCHOOL YEAR.

(a) In General.--The Secretary shall require each local educational
agency to provide each school served by the agency with an opportunity
to request a review of a determination by the agency that the school
did not make adequate yearly progress for the 2002-2003 school year.
(b) Final Determination.--Not later than 30 days after receipt of a
request by a school for a review under this section, a local
educational agency shall issue and make publicly available a final
determination on whether the school made adequate yearly progress for
the 2002-2003 school year.
(c) Evidence.--In conducting a review under this section, a local
educational agency shall--
(1) allow the principal of the school involved to submit
evidence on whether the school made adequate yearly progress
for the 2002-2003 school year; and
(2) consider that evidence before making a final
determination under subsection (b).
(d) Standard of Review.--In conducting a review under this section,
a local educational agency shall revise, consistent with the applicable
State plan under section 1111 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6311), the local educational agency's original
determination that a school did not make adequate yearly progress for
the 2002-2003 school year if the agency finds that the school made such
progress taking into consideration--
(1) the amendments made to part 200 of title 34 of the Code
of Federal Regulations on December 9, 2003 (68 Fed. Reg. 68698)
(relating to accountability for the academic achievement of
students with the most significant cognitive disabilities); or
(2) any regulation or guidance that, subsequent to the date
of such original determination, was issued by the Secretary
relating to--
(A) the assessment of limited English proficient
children;
(B) the inclusion of limited English proficient
children as part of the subgroup described in section
1111(b)(2)(C)(v)(II)(dd) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C.
6311(b)(2)(C)(v)(II)(dd)) after such children have
obtained English proficiency; or
(C) any requirement under section 1111(b)(2)(I)(ii)
of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6311(b)(2)(I)(ii)).
(e) Effect of Revised Determination.--
(1) In general.--If pursuant to a review under this section
a local educational agency determines that a school made
adequate yearly progress for the 2002-2003 school year, upon
such determination--
(A) any action by the Secretary, the State
educational agency, or the local educational agency
that was taken because of a prior determination that
the school did not make such progress shall be
terminated; and
(B) any obligations or actions required of the
local educational agency or the school because of the
prior determination shall cease to be required.
(2) Exceptions.--Notwithstanding paragraph (1), a
determination under this section shall not affect any
obligation or action required of a local educational agency or
school under the following:
(A) Section 1116(b)(13) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6316(b)(13))
(requiring a local educational agency to continue to
permit a child who transferred to another school under
such section to remain in that school until completion
of the highest grade in the school).
(B) Section 1116(e)(8) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6316(e)(8))
(requiring a local educational agency to continue to
provide supplemental educational services under such
section until the end of the school year).
(3) Subsequent determinations.--In determining whether a
school is subject to school improvement, corrective action, or
restructuring as a result of not making adequate yearly
progress, the Secretary, a State educational agency, or a local
educational agency may not take into account a determination
that the school did not make adequate yearly progress for the
2002-2003 school year if such determination was revised under
this section and the school received a final determination of
having made adequate yearly progress for the 2002-2003 school
year.
(f) Notification.--The Secretary--
(1) shall require each State educational agency to notify
each school served by the agency of the school's ability to
request a review under this section; and
(2) not later than 30 days after the date of the enactment
of this section, shall notify the public by means of the
Department of Education's website of the review process
established under this section.

SEC. 3. REVIEW OF ADEQUATE YEARLY PROGRESS DETERMINATIONS FOR LOCAL
EDUCATIONAL AGENCIES FOR THE 2002-2003 SCHOOL YEAR.

(a) In General.--The Secretary shall require each State educational
agency to provide each local educational agency in the State with an
opportunity to request a review of a determination by the State
educational agency that the local educational agency did not make
adequate yearly progress for the 2002-2003 school year.
(b) Application of Certain Provisions.--Except as inconsistent
with, or inapplicable to, this section, the provisions of section 2
shall apply to review by a State educational agency of a determination
described in subsection (a) in the same manner and to the same extent
as such provisions apply to review by a local educational agency of a
determination described in section 2(a).

SEC. 4. DEFINITIONS.

In this Act:
(1) The term ''adequate yearly progress'' has the meaning
given to that term in section 1111(b)(2)(C) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)).
(2) The term ''local educational agency'' means a local
educational agency (as that term is defined in section 9101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801)) receiving funds under part A of title I of such Act (20
U.S.C. 6311 et seq.).
(3) The term ''Secretary'' means the Secretary of
Education.
(4) The term ''school'' means an elementary school or a
secondary school (as those terms are defined in section 9101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801)) served under part A of title I of such Act (20 U.S.C.
6311 et seq.).
(5) The term ''State educational agency'' means a State
educational agency (as that term is defined in section 9101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801)) receiving funds under part A of title I of such Act (20
U.S.C. 6311 et seq.).
Output:
No Child Left Behind Fairness Act of 2004 - Directs the Secretary of Education to require local educational agencies (LEAs) and State educational agencies (SEAs) to give schools and LEAs, respectively, an opportunity to request a review of a determination that they did not make adequate yearly progress (AYP) for the 2002-2003 school year.

Sets forth standards for such reviews, providing for consideration of subsequent regulations and guidance applicable to AYP determinations under the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001.

Prohibits the Secretary, an SEA, or an LEA, with respect to subsequent determinations of whether a school is subject to school improvement, corrective action, or restructuring as a result of not making AYP, from taking into account a 2002-2003 non-AYP determination that was revised under this Act if the school received a final determination of AYP for such school year.