110 HR 7116 IH: To amend the Elementary and Secondary Education Act of U.S. House of Representatives 2008-09-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 2d Session H. R. 7116 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.

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. .

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.