S 767
112th CONGRESS
1st Session
S. 767
To improve the calculation of, the reporting of, and the accountability
for, secondary school graduation rates.
IN THE SENATE OF THE UNITED STATES
April 7 (legislative day, April 5), 2011
Mr. HARKIN introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
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 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
finishes 12th grade. 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 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 public, 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) a description of waivers granted in the State under subsection
(c)(4)(C)(iii), which shall include--
`(A) the total number of waivers granted in the State under subsection
(c)(4)(C)(iii);
`(B) a description of each waiver granted;
`(C) the number of students who are enrolled in secondary schools
or secondary school education programs receiving such waivers; and
`(D) 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
