[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 901 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 901

 To provide States that meet certain requirements with waivers of the 
  adequate yearly progress provisions of the Elementary and Secondary 
                         Education Act of 1965.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 26, 2005

   Mr. Allen introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To provide States that meet certain requirements with waivers of the 
  adequate yearly progress provisions of the Elementary and Secondary 
                         Education Act of 1965.

    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 ``Flexibility for Champion Schools 
Act''.

SEC. 2. STATE WAIVERS.

    Section 1111(b)(2) of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6311(b)(2)) is amended by adding at the end the 
following:
                    ``(L) Waivers.--
                            ``(i) In general.--The Secretary shall 
                        grant each State that meets the requirements of 
                        clause (ii) a waiver of all provisions of this 
                        Act related to adequate yearly progress.
                            ``(ii) Requirements.--The requirements 
                        referred to in clause (i) are as follows:
                                    ``(I) The State establishes 
                                academic content standards in reading, 
                                writing, and mathematics, and tests in 
                                such subjects--
                                            ``(aa) in reading and 
                                        mathematics, in grades 3 
                                        through 8 and at least once in 
                                        secondary school; and
                                            ``(bb) in writing, at least 
                                        once in elementary school, 
                                        middle school, and secondary 
                                        school.
                                    ``(II) The State establishes 
                                academic content standards in the 
                                categories of science, and United 
                                States history and civics, and tests at 
                                least once in each such category in 
                                elementary school, middle school, and 
                                secondary school.
                                    ``(III) The State makes available 
                                to the public the results of all such 
                                testing, in the aggregate and 
                                disaggregated by groups of students, as 
                                determined under section 
                                1111(b)(2)(C)(v)(II) of the Elementary 
                                and Secondary Education Act of 1965 
                                (except in a case in which the number 
                                of students in a group is insufficient 
                                to yield statistically reliable 
                                information or the results would reveal 
                                personally identifiable information 
                                about an individual student), for--
                                            ``(aa) each local 
                                        educational agency located 
                                        within the State; and
                                            ``(bb) each elementary 
                                        school, middle school, and 
                                        secondary school served by such 
                                        local educational agency.
                                    ``(IV) The State sets pass-rate 
                                goals on such tests that each school 
                                and local educational agency shall 
                                meet. These goals shall be determined 
                                by the State educational agency and 
                                shall not be subject to change or 
                                modification by the Department as part 
                                of the process of granting a waiver 
                                under this subparagraph.
                                    ``(V) The State shall determine the 
                                conditions under which students with 
                                disabilities and students who are 
                                limited English proficient take State 
                                tests or alternative assessments. Such 
                                determinations by the State shall 
                                comply with the Individuals with 
                                Disabilities Education Act (20 U.S.C. 
                                1400 et seq.).
                                    ``(VI) The State holds schools and 
                                local educational agencies accountable 
                                for meeting its pass-rate goals. The 
                                State shall take actions to address 
                                achievement gaps on State tests 
                                affecting groups of students, as 
                                determined under section 
                                1111(b)(2)(C)(v)(II) of the Elementary 
                                and Secondary Education Act of 1965. 
                                The State shall determine the 
                                consequences for schools and local 
                                educational agencies that fail to meet 
                                the pass-rate goals set by the State, 
                                and the State's determination of 
                                consequences shall not be subject to 
                                change or modification by the 
                                Department as part of the process of 
                                granting a waiver under this 
                                subparagraph.
                                    ``(VII) The State shall determine 
                                goals for secondary school graduation 
                                rates and a State's determination of 
                                the State's goals and the types of 
                                diplomas the State issues shall not be 
                                reviewable by the Department.''.
                                 <all>