HR 1419
112th CONGRESS
1st Session
H. R. 1419
To improve the calculation of, the reporting of, and the accountability
for, secondary school graduation rates.
IN THE HOUSE OF REPRESENTATIVES
April 7, 2011
Mr. SCOTT of Virginia (for himself, Mr. HINOJOSA, Mr. JACKSON of Illinois,
Mr. GRIJALVA, Mr. PAYNE, Mr. DAVIS of Illinois, Ms. MOORE, and Mr. CLARKE
of Michigan) introduced the following bill; which was referred to the Committee
on Education and the Workforce
A BILL
To improve the calculation of, the reporting of, and the accountability
for, secondary school graduation rates.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Every Student Counts Act'.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) In order for the United States to retain a competitive edge in the world
economy, it is essential that youth in the United States be prepared for
the jobs of today and for the jobs of the future. Such jobs increasingly
require a postsecondary education, and according to a 2008 Department of
Labor report, almost 90 percent of the fastest growing and best paying jobs
require some postsecondary education.
(2) Individuals without a regular secondary school diploma experience higher
rates of unemployment, incarceration, poverty, and receipt of public assistance
than individuals with a regular secondary school diploma.
(3) According to the 2009 Center for Public Education report `Better late
than never? Examining late high school graduates', on-time graduation with
a regular secondary school diploma leads to the best outcomes for students,
but students who graduate late with a regular secondary school diploma are
still more likely to earn an associate or a baccalaureate degree, to be
employed full-time, and to obtain a job with retirement benefits and health
insurance than are either students who drop out of secondary school or students
who receive a GED.
(4) About 1,300,000 secondary school students, which is approximately 1/3
of all secondary school students in the United States, fail to graduate
with their peers every year. According to the Department of Education, the
United States secondary school graduation rate is only 75 percent.
(5) The graduation rates for historically disadvantaged minority groups
are far lower than that of their White peers. Little more than half of all
African-American and Hispanic students finish secondary school on time with
a regular secondary school diploma, while more than 3/4 of White students
finish secondary school on time with a regular secondary school diploma.
(6) Nearly 2,000 secondary schools (about 12 percent of all secondary schools
in the United States) produce about half of the Nation's secondary school
dropouts. In these schools, the number of seniors is routinely 60 percent
or less than the number of freshmen 3 years earlier. While 34 percent of
the Nation's African-American students and nearly 28 percent of Latino students
attend these dropout factories, only 16 percent of White students do.
(7) The average gap between State-reported graduation rates and independently-reported
graduation rates is approximately 11 percent.
(8) In 2005, all 50 of the Nation's Governors signed the National Governors
Association's Graduation Rate Compact, pledging to use a common, accurate
graduation rate.
(9) In 2008, the Secretary of Education released final regulations that
also require States to report a common graduation rate calculation. However,
since the Department of Education did not specify in the regulations what
graduation rate goals and growth targets are appropriate and how States
should include 4-year rates and extended year rates in calculating adequate
yearly progress, it is necessary to clarify these goals, targets and rates
in order to create a meaningful Federal accountability system for secondary
schools.
(10) State-set targets to make adequate yearly progress under the Secretary
of Education's 2008 regulations are numerous in type and varied in aggressiveness.
Twenty-eight States have set a graduation rate goal of less than 90 percent.
At least 8 States have set status targets that do not take into consideration
progress toward the State-set goal. Furthermore, only 2 of the 9 States
that include extended year rates in measures of adequate yearly progress
do so in a way that places a priority on graduating students within 4 years.
(11) The most accurate graduation rate calculations rely on high-quality
longitudinal data systems that track individual student data from the time
a student enters kindergarten through the time such student is in grade
12. Forty-eight States plan to have data systems that will provide secondary
school data that will allow such States to use the graduation rate formula
specified in the Department of Education's 2008 final regulations not later
than the 2011-2012 school year.
(12) An accountability system with meaningful graduation rate goals--
(A) holds schools, school districts, and States responsible for both student
achievement and outcomes; and
(B) ensures that low-performing students are not unnecessarily held back
or encouraged to leave school without a diploma.
(13) Prior to the 2008 regulations, the amendments to the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) made by the No
Child Left Behind Act of 2001 (Public Law 107-110) did not require consistent
calculations, meaningful goals, or disaggregation of graduation rates. Without
clear guidance from the Department of Education, most secondary schools
can continue to make adequate yearly progress by making as little as 0.1
percent improvement or less in secondary school graduation rates each year
and can do so with a consistent, or even growing, secondary school graduation
gap among subgroups of students.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to require consistent calculations and reporting of secondary school
graduation rates across schools, school districts, and States;
(2) to provide educators with critical information about student progress
toward secondary school graduation; and
(3) to ensure meaningful accountability for the improvement of secondary
school graduation rates for all students, particularly such rates for poor
and minority students.
SEC. 4. SECONDARY SCHOOL GRADUATION RATES.
Subpart 1 of part A of title I of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6311 et seq.) is amended by inserting after section 1111
(20 U.S.C. 6311) the following:
`SEC. 1111A. SECONDARY SCHOOL GRADUATION RATES.
`(a) Definitions- In this section:
`(1) ADJUSTED COHORT; ENTERING COHORT; TRANSFERRED INTO; TRANSFERRED OUT-
`(A) ADJUSTED COHORT- Subject to subparagraphs (D)(ii) through (G), the
term `adjusted cohort' means the difference of--
`(I) the entering cohort; plus
`(II) any students that transferred into the cohort in any of grades
9 through 12; minus
`(ii) any students that are removed from the cohort as described in
subparagraph (E).
`(B) ENTERING COHORT- The term `entering cohort' means the number of first-time
9th graders enrolled in the secondary school 1 month after the start of
the secondary school's academic year.
`(C) TRANSFERRED INTO- The term `transferred into' when used with respect
to a secondary school student, means a student who--
`(i) was a first-time 9th grader during the same school year as the
entering cohort; and
`(ii) enrolls after the entering cohort is calculated as described in
subparagraph (B).
`(i) IN GENERAL- The term `transferred out' when used with respect to
a secondary school student, means a student who the secondary school
or local educational agency has confirmed has transferred--
`(I) to another school from which the student is expected to receive
a regular secondary school diploma; or
`(II) to another educational program from which the student is expected
to receive a regular secondary school diploma.
`(ii) CONFIRMATION REQUIREMENTS-
`(I) DOCUMENTATION REQUIRED- The confirmation of a student's transfer
to another school or educational program described in clause (i) requires
documentation from the receiving school or program that the student
enrolled in the receiving school or program.
`(II) LACK OF CONFIRMATION- A student who was enrolled, but for whom
there is no confirmation of the student having transferred out, shall
remain in the cohort as a nongraduate for reporting and accountability
purposes under this section.
`(iii) PROGRAMS NOT PROVIDING CREDIT- A student enrolled in a GED or
other alternative educational program that does not issue or provide
credit toward the issuance of a regular secondary school diploma shall
not be considered transferred out.
`(E) COHORT REMOVAL- To remove a student from a cohort, a school or local
educational agency shall require documentation to confirm that the student
has transferred out, emigrated to another country, or is deceased.
`(F) TREATMENT OF OTHER LEAVERS AND WITHDRAWALS- A student who was retained
in a grade, enrolled in a GED program, aged-out of a secondary school
or secondary school program, or left secondary school for any other reason,
including expulsion, shall not be considered transferred out, and shall
remain in the adjusted cohort.
`(G) SPECIAL RULE- For those secondary schools that start after grade
9, the entering cohort shall be calculated 1 month after the start of
the secondary school's academic year in the earliest secondary school
grade at the secondary school.
`(2) ALTERNATIVE EDUCATIONAL SETTING- The term `alternative educational
setting' means--
`(A) a secondary school or secondary school educational program that--
`(i) is designed for students who are under-credited or have dropped
out of secondary school; and
`(ii) awards a regular secondary school diploma; or
`(B) a secondary school or secondary school educational program designed
to issue a regular secondary school diploma concurrently with a postsecondary
degree or not more than 2 years of postsecondary education credit.
`(3) CUMULATIVE GRADUATION RATE- The term `cumulative graduation rate' means,
for each school year, the percent obtained by calculating the product of--
`(I) the number of students who--
`(aa) form the adjusted cohort; and
`(bb) graduate in 4 years or less with a regular secondary school
diploma (which shall not include a GED or other certificate of completion
or alternative to a diploma except as provided in paragraph (6)(B)); plus
`(II) the number of additional students from previous cohorts who
graduate in more than 4 years with a regular secondary school diploma
(which shall not include a GED or other certificate of completion
or alternative to a diploma except as provided in paragraph (6)(B));
divided by
`(I) the number of students who form the adjusted cohort for that
year's graduating class; plus
`(II) the number of additional student graduates described in clause
(I)(II); multiplied by
`(4) 4-YEAR ADJUSTED COHORT GRADUATION RATE- The term `4-year adjusted cohort
graduation rate' means the percent obtained by calculating the product of--
`(i) the number of students who--
`(I) formed the adjusted cohort 4 years earlier; and
`(II) graduate in 4 years or less with a regular secondary school
diploma (which shall not include a GED or other certificate of completion
or alternative to a diploma except as provided in paragraph (6)(B));
divided by
`(ii) the number of students who formed the adjusted cohort for that
year's graduating class 4 years earlier; multiplied by
`(5) ON-TRACK STUDENT- The term `on-track student' means a student who--
`(A) has accumulated the number of credits necessary to be promoted to
the next grade, in accordance with State and local educational agency
policies;
`(B) has a 90 percent or higher school attendance rate;
`(C) has failed not more than 1 semester in English or language arts,
mathematics, science, or social studies; and
`(D) has failed not more than any 2 credit-bearing courses.
`(6) REGULAR SECONDARY SCHOOL DIPLOMA-
`(A) IN GENERAL- The term `regular secondary school diploma' means the
standard secondary school diploma awarded to the preponderance of students
in the State that is fully aligned with State standards, or a higher diploma.
Such term shall not include GEDs, certificates of attendance, or any lesser
diploma award.
`(B) SPECIAL RULE- For a student who has a significant cognitive disability
and is assessed using an alternate assessment aligned to an alternate
achievement standard, receipt of a regular secondary school diploma or
a State-defined alternate diploma aligned with completion of the student's
right to a free and appropriate public education under the Individuals
with Disabilities Education Act shall be counted as graduating with a
regular secondary school diploma for the purposes of this section, except
that not more than 1 percent of students served by the State or local
educational agency, as appropriate, shall be counted as graduates with
a regular secondary school diploma under this subparagraph.
`(7) UNDER-CREDITED STUDENT- The term `under-credited student' means a secondary
school student who is a year or more behind in the expected accumulation
of credits or courses toward an on-time graduation as determined by the
relevant local educational agency's and State educational agency's secondary
school graduation requirements for an on-time graduation.
`(b) Calculating and Reporting Accurate Graduation Rates-
`(1) CALCULATING GRADUATION RATES- Not later than school year 2011-2012,
and every school year thereafter, each State educational agency and local
educational agency that is assisted under this part shall calculate, using
a statewide longitudinal data system with individual student identifiers
for each school served by the State or local educational agency, as the
case may be--
`(A) the 4-year adjusted cohort graduation rate; and
`(B) the cumulative graduation rate.
`(2) CALCULATION AT SCHOOL, LEA, AND STATE LEVELS; DISAGGREGATION AND CROSS
TABULATION- The 4-year adjusted cohort graduation rate and the cumulative
graduation rate shall be calculated at the school, local educational agency,
and State levels in the aggregate and disaggregated and cross tabulated
by race, ethnicity, gender, disability status, migrant status, English proficiency,
and status as economically disadvantaged, and made publicly available, except
that such disaggregation or cross tabulation shall not be required in a
case in which the number of students in a subgroup is insufficient to yield
statistically reliable information or the results would reveal personally
identifiable information about an individual student.
`(3) STATEWIDE EXIT CODES- Not later than 1 year after the enactment of
the Every Student Counts Act, each State that receives funds under this
subpart shall--
`(A) design a statewide exit code system, in consultation with local educational
agencies;
`(B) require all local educational agencies to use the statewide exit
code system; and
`(C) provide technical assistance and support to local educational agencies
to assist such agencies with the implementation of the statewide exit
code system.
`(4) REPORTING GRADUATION RATES- Subject to paragraph (5), not later than
school year 2011-2012, and every school year thereafter, each State that
is assisted under this part shall ensure that the State, all local educational
agencies in the State, and all secondary schools in the State report annually,
as part of the State and local educational agency report cards required
under section 1111(h), each of the following:
`(A) 4-YEAR ADJUSTED COHORT GRADUATION RATE- The 4-year adjusted cohort
graduation rate, in the aggregate and disaggregated by each of the subgroups
described in paragraph (2).
`(B) 4-YEAR ADJUSTED COHORT SIZE AND 4-YEAR GRADUATES- The final number
of students in the 4-year adjusted cohort and the total number of 4-year
graduates in the aggregate and disaggregated by each of the subgroups
described in paragraph (2).
`(C) CUMULATIVE GRADUATION RATE- The cumulative graduation rate, in the
aggregate and disaggregated by each of the subgroups described in paragraph
(2).
`(D) NUMBER AND PERCENTAGE OF STUDENTS GRADUATING IN MORE THAN 4 YEARS-
The number and percentage of secondary school students graduating in more
than 4 years with a regular secondary school diploma as described in subsection
(a)(3)(A)(I)(II), disaggregated by the number of years it took the students
to graduate and by each of the subgroups described in paragraph (2).
`(E) NUMBER AND PERCENTAGE OF STUDENTS REMOVED FROM COHORT- The number
and percentage of secondary school students who have been removed from
the 4-year adjusted cohort by exit code (as described in subsection (b)(3)),
in the aggregate and disaggregated by each of the subgroups described
in paragraph (2).
`(F) NUMBER AND PERCENTAGE OF CONTINUING STUDENTS- The number and percentage
of students from each previous adjusted cohort that began 4 years or more
earlier who have not graduated from and are still enrolled in secondary
school.
`(5) USE OF INTERIM GRADUATION RATE- In the case of a State that does not
have an individual student identifier longitudinal data system, with respect
to each graduation rate calculation or reporting requirement under this
section, the State and local educational agencies and secondary schools
in the State shall temporarily carry out this section by using an interim
graduation rate calculation that meets the following conditions:
`(A) NUMBER OF GRADUATES COMPARED TO NUMBER OF STUDENTS- The calculation
shall measure or estimate the number of secondary school graduates compared
to the number of students in the secondary school's entering grade.
`(B) DROPOUT DATA- The calculation shall not use dropout data.
`(C) REGULAR SECONDARY SCHOOL DIPLOMA- The calculation shall count as
graduates only those students who receive a regular secondary school diploma.
`(D) DISAGGREGATION- The calculation shall be disaggregated by each of
the subgroups described in paragraph (2).
`(E) ANNUAL BASIS AND RATE OF GROWTH- The calculation shall be used on
an annual basis to determine a rate of growth, as described in subsection
(c).
`(F) TIMEFRAME LIMITATION- The interim graduation rate calculation may
only be used through the end of school year 2012-2013.
`(G) REPORTING USE OF INTERIM GRADUATION RATE- Each State that receives
assistance under this part and does not have an individual student identifier
longitudinal data system shall describe in the State's plan submitted
under section 1111 the interim graduation rate used in accordance with
this paragraph.
`(6) REPORTING ON ALTERNATIVE SETTINGS- Not later than school year 2011-2012,
and every school year thereafter, each State educational agency and local
educational agency that receives assistance under this part and contains
an alternative education setting that establishes an alternative 4-year
completion requirement as described in subsection (c)(4)(C)(iii), shall
report annually as part of the State and local educational agency report
cards required under section 1111(h), the following:
`(A) The name of each alternative education setting that establishes an
alternative 4-year completion requirement as described in subsection (c)(4)(C)(iii).
`(B) A description of the program provided at each setting and the population
served.
`(C) The enrollment of such settings in the aggregate and disaggregated
by each of the subgroups described in paragraph (2), including as a percent
of overall enrollment.
`(D) Whether the setting is a new school or setting.
`(E) The alternative 4-year completion requirement as described in subsection
(c)(4)(C)(iii).
`(7) REPORTING PERCENT OF ON-TRACK STUDENTS- Not later than school year
2011-2012, and every school year thereafter, each State educational agency,
local educational agency, and school that receives assistance under this
part shall report annually, as part of the State and local educational agency
report cards required under section 1111(h), the percent of on-track students
for each secondary school grade served by the State educational agency,
local educational agency, and school, respectively, other than the graduating
grade for the secondary school, in the aggregate and disaggregated by each
of the subgroups described in paragraph (2).
`(8) REPORTING ADDITIONAL INDICATORS-
`(A) IN GENERAL- A State may report additional complementary indicators
of secondary school completion, such as--
`(i) a college-ready graduation rate;
`(iii) in-grade retention rates;
`(iv) percentages of students receiving GEDs, certificates of completion,
or alternatives to a diploma;
`(v) average attendance rates in the aggregate and disaggregated by
each of the subgroups described in paragraph (2); and
`(vi) in the case of a State with exit examinations, students who have
completed course requirements but failed a State examination required
for secondary school graduation.
`(B) DEFINITIONS FOR INDICATORS- The Secretary shall promulgate and publish
in the Federal Register regulations containing definitions for the indicators
described in clauses (i), (ii), and (iii) of subparagraph (A) that are
consistent with the definitions used by the National Center for Educational
Statistics, in order to ensure that the indicators are comparable across
schools and school districts within a State.
`(C) PROHIBITION- For purposes of reporting or accountability under this
section, the additional indicators shall not replace the 4-year adjusted
cohort graduation rate or the cumulative graduation rate.
`(D) RULE OF CONSTRUCTION- Nothing in this Act shall be construed to prohibit
a State from reporting indicators of secondary school completion that
are not described in subparagraph (A).
`(A) IN GENERAL- When an individual student record indicates a student
was enrolled in more than 1 secondary school or a student record shows
enrollment in a secondary school but no subsequent information, such student
record shall be assigned to 1 adjusted cohort for the purposes of calculating
and reporting school, local educational agency, and State 4-year adjusted
cohort graduation rates and cumulative graduation rates under this subsection.
`(B) SPECIAL RULE- A student who returns to secondary school after dropping
out of secondary school, or receives a diploma from more than 1 school
or educational program served by any 1 local educational agency, shall
be counted--
`(i) only once for purposes of reporting and accountability under this
section; and
`(ii) as part of the student's original adjusted cohort.
`(10) MONITORING OF DATA COLLECTION- Each State that receives assistance
under this part shall conduct regular audits of the data collection, use
of exit codes (as described in subsection (b)(3)), reporting, and calculations
that are carried out by local educational agencies in the State. The Secretary
shall assist States in their efforts to develop and retain the capacity
for collection, analysis, and public reporting of 4-year adjusted cohort
graduation rate and cumulative graduation rate data.
`(c) School, Local Educational Agency, and State Accountability-
`(1) GRADUATION RATE GOAL- Each State that receives assistance under this
part shall--
`(A) seek to have all students graduate from secondary school prepared
for success in college and career; and
`(B) meet the graduation rate goal as described in this subsection.
`(2) GRADUATION RATE CALCULATION- Each State that receives assistance under
this part shall use aggregate and disaggregated 4-year adjusted cohort graduation
rates or cumulative graduation rates as the additional indicator described
in section 1111(b)(2)(C)(vi) for the purposes of determining each secondary
school's and local educational agency's adequate yearly progress.
`(3) MEETING GRADUATION RATE GOAL- In order to meet the graduation rate
goal, a State, local educational agency, or school shall demonstrate that
it has a 4-year adjusted cohort graduation rate or a cumulative graduation
rate above 90 percent in the aggregate and for all subgroups described in
subsection (b)(2).
`(4) ANNUAL MEASURABLE OBJECTIVES- The Secretary shall require a State,
local educational agency, or school that receives assistance under this
part and that has not met the graduation rate goal in the aggregate or for
any subgroup described in subsection (b)(2) to increase the 4-year adjusted
cohort graduation rate or the cumulative graduation rate, in the aggregate
or for such subgroup, respectively, in order to make adequate yearly progress
under section 1111(b)(2), as follows:
`(A) BASELINE FOR 4-YEAR ADJUSTED COHORT AND CUMULATIVE GRADUATION RATES-
`(i) IN GENERAL- Subject to subparagraph (B), the 4-year adjusted cohort
graduation rate calculated and reported in accordance with this section
for the first school year that begins after the date of enactment of
the Every Student Counts Act shall serve as the baseline 4-year adjusted
cohort graduation rate and the cumulative graduation rate calculated
and reported in accordance with this section for such first school year
shall serve as the baseline cumulative graduation rate.
`(ii) ANNUAL GROWTH- Each school year after the baseline year described
in clause (i), 4-year adjusted cohort graduation rates and cumulative
graduation rates calculated at the school, local educational agency,
and State levels in the aggregate and disaggregated by each subgroup
described in subsection (b)(2) shall be evaluated for annual growth
in accordance with subparagraph (C).
`(B) BASELINE ADJUSTMENT- In the case of a State that uses an interim
graduation rate, after the State has implemented an individual student
identifier longitudinal data system and can calculate the 4-year adjusted
cohort graduation rate and the cumulative graduation rate, but not later
than the 2013-2014 school year, the State shall use the cumulative graduation
rate as the baseline graduation rate for reporting and accountability
under this section.
`(i) IN GENERAL- In order for a State, local educational agency, or
school to make adequate yearly progress under section 1111(b)(2), the
State, local educational agency, or school, respectively, shall demonstrate
increases in the 4-year adjusted cohort graduation rate from the baseline
4 year adjusted cohort graduation rate or increases in the cumulative
graduation rate from the baseline cumulative graduation rate, in the
aggregate and for each subgroup described in subsection (b)(2), by an
average of 3 percentage points per school year, until the 4-year adjusted
cohort graduation rate or the cumulative graduation rate, in the aggregate
and for each such subgroup, equals or exceeds 90 percent.
`(ii) AYP NOT MADE- A secondary school shall not be considered to have
made adequate yearly progress under section 1111(b)(2) if--
`(I) the school's 4-year adjusted cohort graduation rate, in the aggregate
or for any subgroup described in subsection (b)(2), falls below the
initial baseline 4-year adjusted cohort over a 4-year period; or
`(II) fewer than 90 percent of the students included in the cumulative
graduation rate, in the aggregate or for any subgroup described in
subsection (b)(2), are students who graduate from secondary school
in 4 years.
`(iii) ALTERNATIVE 4-YEAR COMPLETION REQUIREMENT- Notwithstanding clause
(ii), a secondary school or secondary school educational program that
is an alternative education setting may apply to the State for a waiver
of the requirement in clause (ii) that at least 90 percent of the students
included in the cumulative graduation rate, in the aggregate or for
any subgroup described in subsection (b)(2), are students who graduate
from secondary school in 4 years if--
`(I) the secondary school or educational program submits to the State--
`(aa) a description of the secondary school or educational program;
and
`(bb) an alternative 4-year completion requirement; and
`(II) the State approves the use of the alternative 4-year completion
requirement for such purposes.
`(5) DELAYED APPLICABILITY TO SCHOOLS- Paragraphs (2), (3), and (4)(C) shall
not apply to a secondary school until the beginning of school year 2012-2013
or, in the case of a State using an interim rate, shall not apply to a secondary
school until the first school year after such State adjusts its baseline
graduation rate as described in paragraph (4)(B).
`(d) Reporting Requirement- Not later than 90 days after the date of enactment
of the Every Student Counts Act, and annually thereafter, each State educational
agency that receives assistance under this part shall submit to the Secretary,
and make publicly available, a report on the implementation of this section.
Such report shall include--
`(1) a description of each category, code, exit code, and the corresponding
definition that the State has authorized for identifying, tracking, calculating,
and publicly reporting student status;
`(2) if using an interim graduation rate pursuant to subsection (b)(5),
a description of the efforts of the State to implement the 4-year adjusted
cohort graduation rate and the cumulative graduation rate and the expected
date of implementation, which date shall be not later than the school year
2013-2014; and
`(3) the total number of waivers granted in a State under subsection (c)(4)(C)(iii),
a description of each waiver granted, how many students are enrolled in
secondary schools or secondary school education programs receiving such
waivers, and the cumulative graduation rates of the secondary schools or
secondary school education programs receiving such waivers.'.
SEC. 5. AYP CONFORMING AMENDMENTS.
Section 1111(b)(2)(C) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6311(b)(2)(C)) is amended--
(1) in clause (vi), by striking `and' after the semicolon;
(2) in clause (vii), by striking the period and inserting `; and'; and
(3) by adding at the end the following:
`(viii) complies with the requirements of section 1111A.'.
END
