[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7116 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 7116

To amend the Elementary and Secondary Education Act of 1965 to require 
States to include certain students with disabilities in the calculation 
of graduation rates, and to assess limited English proficient students 
  who have been in the United States for 5 or more consecutive years.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 26, 2008

  Mr. Buyer introduced the following bill; which was referred to the 
                    Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
To amend the Elementary and Secondary Education Act of 1965 to require 
States to include certain students with disabilities in the calculation 
of graduation rates, and to assess limited English proficient students 
  who have been in the United States for 5 or more consecutive years.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. INCLUSION OF STUDENTS WITH DISABILITIES IN CALCULATION OF 
              GRADUATION RATES.

    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) Inclusion of students with disabilities in 
                calculation of graduation rates.--In carrying out 
                subparagraph (C)(vi), the State shall treat as follows 
                students served under the Individuals with Disabilities 
                Education Act (20 U.S.C. 1400 et seq.) who do not 
                graduate with a regular diploma in the standard number 
                of years:
                            ``(i) If the student graduates with a 
                        regular diploma before attaining 22 years of 
                        age, the student shall be considered a 
                        graduate.
                            ``(ii) If the student attains 22 years of 
                        age without obtaining a regular diploma, but 
                        has achieved the goals of the student's 
                        individualized education program (as defined in 
                        section 602 of such Act (20 U.S.C. 1401)), the 
                        student shall be considered a graduate.
                            ``(iii) If the student attains 22 years of 
                        age, has not obtained a regular diploma, and 
                        has not achieved the goals of the student's 
                        individualized education program (as defined in 
                        section 602 of such Act (20 U.S.C. 1401)), the 
                        student shall not be considered a graduate.''.

SEC. 2. ASSESSMENT FOR LIMITED ENGLISH PROFICIENT STUDENTS.

    Section 3113(b)(3)(C) of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 6823(b)(3)(C)) is amended by striking ``3'' and 
inserting ``5''.
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