[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5654 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 5654

   To remove the testing provisions in the Elementary and Secondary 
                         Education Act of 1965.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 9, 2012

   Mr. Baca introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
   To remove the testing provisions in 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 ``S.O.S. (Save Our Schools) Act of 
2012''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The culture of high-stakes testing created by the No 
        Child Left Behind Act of 2001 has failed our children, and has 
        been especially harmful to America's underserved communities.
            (2) The punitive sanctions that schools face when testing 
        scores do not improve have created a culture of ``teaching to 
        the test'' which leaves America students lacking in many of the 
        skills necessary to find success in life.
            (3) The pressure for schools to achieve positive test 
        results has directly resulted in thousands of cheating scandals 
        on standardized tests in which teachers, administrators, and 
        others have actively changed test results or encouraged 
        students to cheat on tests.
            (4) An investigative series published in the USA Today in 
        March of 2011 documented 1,610 cases of standardized test-score 
        manipulation in 6 States and the District of Columbia, between 
        2009 and 2010.
            (5) When America's laws incentivize bad behavior, it sends 
        a clear signal that Congress must act to change misguided 
        public policy.

SEC. 3. AMENDMENTS TO THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 
              1965.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or a 
repeal of, a provision, the amendment or repeal shall be considered to 
be made to a provision of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6301 et seq.).

SEC. 4. ELIMINATION OF SCHOOL IMPROVEMENT PROVISIONS.

    Section 1003 (20 U.S.C. 6303) is repealed.

SEC. 5. ELIMINATION OF TESTING PROVISIONS FROM STATE PLANS.

    Section 1111(b) (20 U.S.C. 6311(b)) is amended--
            (1) in paragraph (1)--
                    (A) by striking subparagraphs (A), (B), and 
                (D)(i)(II);
                    (B) in subparagraph (D)(i)--
                            (i) by redesignating subclause (III) as 
                        subclause (II); and
                            (ii) by inserting ``and'' at the end of 
                        subclause (I);
                    (C) in subparagraph (E) by striking ``subparagraphs 
                (A), (B), and (C)'' and inserting ``subparagraph (A)''; 
                and
                    (D) by redesignating subparagraphs (C), (D), (E), 
                and (F) as subparagraphs (A), (B), (C), and (D), 
                respectively;
            (2) by striking paragraphs (2), (3), (4), and (10);
            (3) in paragraph (8)--
                    (A) in subparagraph (A) by striking ``sections 
                1112(c)(1)(D), 1114(b), and 1115(c)'' and inserting 
                ``sections 1114(b) and 1115(c)''; and
                    (B) in subparagraph (C) by striking ``sections 
                1114(b)(1)(C) and 1115(c)(3)'' and inserting ``sections 
                1114(b)(1)(A) and 1115(c)(1)(D)'';
            (4) in paragraph (9) by striking ``that are identified 
        under section 1116 and''; and
            (5) by redesignating paragraphs (5), (6), (7), (8), and (9) 
        as paragraphs (2), (3), (4), (5), and (6), respectively.

SEC. 6. ELIMINATION OF TESTING PROVISIONS FROM LOCAL EDUCATIONAL AGENCY 
              PLANS.

    Section 1112 (20 U.S.C. 6312) is amended--
            (1) by amending subsection (b) to read as follows:
    ``(b) Plan Provisions.--In order to help low-achieving children 
meet challenging achievement academic standards, each local educational 
agency plan shall include--
            ``(1) a description of high-quality student academic 
        assessments, if any, that the local educational agency and 
        schools served under this part will use to identify effectively 
        students who may be at risk for reading failure or who are 
        having difficulty reading, through the use of screening, 
        diagnostic, and classroom-based instructional reading 
        assessments, as defined under section 1208;
            ``(2) a description of the strategy the local educational 
        agency will use to coordinate programs under this part with 
        programs under title II to provide professional development for 
        teachers and principals, and, if appropriate, pupil services 
        personnel, administrators, parents and other staff, including 
        local educational agency level staff in accordance with 
        sections 1118 and 1119;
            ``(3) a description of how the local educational agency 
        will coordinate and integrate services provided under this part 
        with other educational services at the local educational agency 
        or individual school level, such as--
                    ``(A) Even Start, Head Start, Reading First, Early 
                Reading First, and other preschool programs, including 
                plans for the transition of participants in such 
                programs to local elementary school programs; and
                    ``(B) services for children with limited English 
                proficiency, children with disabilities, migratory 
                children, neglected or delinquent youth, Indian 
                children served under part A of title VII, homeless 
                children, and immigrant children in order to increase 
                program effectiveness, eliminate duplication, and 
                reduce fragmentation of the instructional program;
            ``(4) a description of the poverty criteria that will be 
        used to select school attendance areas under section 1113;
            ``(5) a description of how teachers, in consultation with 
        parents, administrators, and pupil services personnel, in 
        targeted assistance schools under section 1115, will identify 
        the eligible children most in need of services under this part;
            ``(6) a general description of the nature of the programs 
        to be conducted by such agency's schools under sections 1114 
        and 1115 and, where appropriate, educational services outside 
        such schools for children living in local institutions for 
        neglected or delinquent children, and for neglected and 
        delinquent children in community day school programs;
            ``(7) a description of how the local educational agency 
        will ensure that migratory children and formerly migratory 
        children who are eligible to receive services under this part 
        are selected to receive such services on the same basis as 
        other children who are selected to receive services under this 
        part;
            ``(8) if appropriate, a description of how the local 
        educational agency will use funds under this part to support 
        preschool programs for children, particularly children 
        participating in Early Reading First, or in a Head Start or 
        Even Start program, which services may be provided directly by 
        the local educational agency or through a subcontract with the 
        local Head Start agency designated by the Secretary of Health 
        and Human Services under section 641 of the Head Start Act, or 
        an agency operating an Even Start program, an Early Reading 
        First;
            ``(9) a description of how the local educational agency 
        will meet the requirements of section 1119;
            ``(10) a description of the services the local educational 
        agency will provide homeless children, including services 
        provided with funds reserved under section 1113(c)(3)(A);
            ``(11) a description of the strategy the local educational 
        agency will use to implement effective parental involvement 
        under section 1118; and
            ``(12) where appropriate, a description of how the local 
        educational agency will use funds under this part to support 
        after school (including before school and summer school) and 
        school-year extension programs.'';
            (2) in subsection (c)(1)--
                    (A) by striking subparagraphs (C), (D), (K), (M), 
                (N), and (O); and
                    (B) by redesignating subparagraphs (E), (F), (G), 
                (H), (I), (J), and (L) as subparagraphs (C), (D), (E), 
                (F), (G), (H), and (I), respectively;
            (3) in subsection (e), by amending paragraph (2) to read as 
        follows:
            ``(2) Approval.--The State educational agency shall approve 
        a local educational agency's plan only if the State educational 
        agency determines that the local educational agency's plan 
        meets the requirements of this section.''; and
            (4) in subsection (g)--
                    (A) by striking paragraph (4);
                    (B) by redesignating paragraph (5) as paragraph 
                (4); and
                    (C) by amending paragraph (1) to read as follows:
            ``(1) Notice.--Each local educational agency using funds 
        under this part to provide a language instruction educational 
        program as determined in part C of title III shall, not later 
        than 30 days after the beginning of the school year, inform a 
        parent or parents of a limited English proficient child 
        identified for participation or participating in, such a 
        program of--
                    ``(A) the reasons for the identification of their 
                child as limited English proficient and in need of 
                placement in a language instruction educational 
                program;
                    ``(B) the child's level of English proficiency, how 
                such level was assessed, and the status of the child's 
                academic achievement;
                    ``(C) the methods of instruction used in the 
                program in which their child is, or will be 
                participating, and the methods of instruction used in 
                other available programs, including how such programs 
                differ in content, instructional goals, and the use of 
                English and a native language in instruction;
                    ``(D) how the program in which their child is, or 
                will be participating, will meet the educational 
                strengths and needs of their child;
                    ``(E) how such program will specifically help their 
                child learn English, and meet age-appropriate academic 
                achievement standards for grade promotion and 
                graduation;
                    ``(F) the specific exit requirements for the 
                program, including the expected rate of transition from 
                such program into classrooms that are not tailored for 
                limited English proficient children, and the expected 
                rate of graduation from secondary school for such 
                program if funds under this part are used for children 
                in secondary schools;
                    ``(G) in the case of a child with a disability, how 
                such program meets the objectives of the individualized 
                education program of the child; and
                    ``(H) information pertaining to parental rights 
                that includes written guidance--
                            ``(i) detailing--
                                    ``(I) the right that parents have 
                                to have their child immediately removed 
                                from such program upon their request; 
                                and
                                    ``(II) the options that parents 
                                have to decline to enroll their child 
                                in such program or to choose another 
                                program or method of instruction, if 
                                available; and
                            ``(ii) assisting parents in selecting among 
                        various programs and methods of instruction, if 
                        more than one program or method is offered by 
                        the eligible entity.''.

SEC. 7. ELIMINATION OF TESTING PROVISIONS FROM SCHOOLWIDE PROGRAMS.

    Section 1114(b) (20 U.S.C. 6314(b)) is amended--
            (1) in paragraph (1)--
                    (A) by striking subparagraphs (A), (B), (H), and 
                (I); and
                    (B) by redesignating subparagraphs (C), (D), (E), 
                (F), (G), and (J) as subparagraphs (A), (B), (C), (D), 
                (E), and (F), respectively;
            (2) in paragraph (2)(A)--
                    (A) by striking ``or other technical assistance 
                provider under section 1117'';
                    (B) by striking clause (iv);
                    (C) by inserting ``and'' at the end of clause (ii); 
                and
                    (D) in clause (iii) by striking ``; and'' and 
                inserting a period; and
            (3) in paragraph (2)(B)(i)(I) by striking ``, after 
        considering the recommendation of the technical assistance 
        providers under section 1117,''.

SEC. 8. ELIMINATION OF TESTING PROVISIONS FROM TARGETED ASSISTANCE 
              SCHOOLS.

    Section 1115(c) (20 U.S.C. 6315(c)) is amended to read as follows:
    ``(c) Components of a Targeted Assistance School Program.--To 
assist targeted assistance schools and local educational agencies to 
meet their responsibility to provide for all their students served 
under this part the opportunity to meet the State's challenging student 
academic achievement standards in subjects as determined by the State, 
each targeted assistance program under this section shall--
            ``(1) ensure that planning for students served under this 
        part is incorporated into existing school planning;
            ``(2) use effective methods and instructional strategies 
        that are based on scientifically based research that 
        strengthens the core academic program of the school and that--
                    ``(A) give primary consideration to providing 
                extended learning time, such as an extended school 
                year, before- and after-school, and summer programs and 
                opportunities;
                    ``(B) help provide an accelerated, high-quality 
                curriculum, including applied learning; and
                    ``(C) minimize removing children from the regular 
                classroom during regular school hours for instruction 
                provided under this part;
            ``(3) coordinate with and support the regular education 
        program, which may include services to assist preschool 
        children in the transition from early childhood programs such 
        as Head Start, Even Start, Early Reading First or State-run 
        preschool programs to elementary school programs;
            ``(4) provide instruction by highly qualified teachers;
            ``(5) in accordance with subsection (e)(3) and section 
        1119, provide opportunities for professional development with 
        resources provided under this part, and, to the extent 
        practicable, from other sources, for teachers, principals, and 
        paraprofessionals, including, if appropriate, pupil services 
        personnel, parents, and other staff, who work with 
        participating children in programs under this section or in the 
        regular education program;
            ``(6) provide strategies to increase parental involvement 
        in accordance with section 1118, such as family literacy 
        services; and
            ``(7) coordinate and integrate Federal, State, and local 
        services and programs, including programs supported under this 
        Act, violence prevention programs, nutrition programs, housing 
        programs, Head Start, adult education, vocational and technical 
        education, and job training.''.

SEC. 9. ELIMINATION OF ACADEMIC ASSESSMENT AND LOCAL EDUCATIONAL AGENCY 
              AND SCHOOL IMPROVEMENT.

    Section 1116 (20 U.S.C. 6316) is repealed.

SEC. 10. ELIMINATION OF SCHOOL SUPPORT AND RECOGNITION.

    Section 1117 (20 U.S.C. 6317) is repealed.

SEC. 11. CONFORMING AMENDMENTS.

    (a) State Plans.--Section 1111 (20 U.S.C. 6311) is amended--
            (1) in subsection (c)--
                    (A) in paragraph (3) by striking ``the 
                responsibilities of the State under sections 1116 and 
                1117, including carrying out'';
                    (B) in paragraph (4) by striking ``, technical 
                assistance under section 1117,''; and
                    (C) in paragraph (6) by striking ``, and will 
                fulfill the State educational agency's responsibilities 
                regarding local educational agency improvement and 
                school improvement under section 1116, including such 
                corrective actions as are necessary;''; and
            (2) in subsection (h)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (C)--
                                    (I) by striking clauses (i), (ii), 
                                (iii), (iv), (vi), and (vii); and
                                    (II) by redesignating clauses (v) 
                                and (viii) as clauses (i) and (ii), 
                                respectively; and
                            (ii) in subparagraph (D)(vii) by striking 
                        ``, consistent with subsection (b)(2),'';
                    (B) in paragraph (2)(B) by amending clause (i) to 
                read as follows:
                            ``(i) in the case of a local educational 
                        agency information that shows how students 
                        served by the local educational agency achieved 
                        on the statewide academic assessment compared 
                        to students in the State as a whole; and''; and
                    (C) in paragraph (4)--
                            (i) by striking subparagraphs (A), (B), 
                        (C), and (E); and
                            (ii) by redesignating subparagraphs (D), 
                        (F), and (G) as subparagraphs (A), (B), and 
                        (C), respectively.
    (b) Eligible School Attendance Areas.--Section 1113(c) (20 U.S.C. 
6313(c)) is amended by striking paragraph (4).
    (c) Parental Involvement.--Section 1118(a)(2)(A) (20 U.S.C. 
1118(a)(2)(A)) is amended by striking ``, and the process of school 
review and improvement under section 1116''.
    (d) Qualifications for Teachers and Paraprofessionals.--Section 
1119(k) (20 U.S.C. 6319(k)) is amended by striking ``, except that this 
paragraph shall not apply with respect to requirements under section 
1116(c)(3)''.
    (e) Formula Grants to State Educational Agencies.--Section 1202 (20 
U.S.C. 6362) is amended--
            (1) in subsection (c)--
                    (A) by amending paragraph (6) to read as follows:
            ``(6) Limitation to certain schools.--In distributing 
        subgrant funds under this subsection, an eligible local 
        educational agency shall provide funds only to schools that 
        both are among the schools served by that eligible local 
        educational agency with the highest percentages or numbers of 
        students in kindergarten through grade 3 reading below grade 
        level, based on the most currently available data and have the 
        highest percentages or numbers of children counted under 
        section 1124(c).''.
                    (B) in paragraph (7)(A)--
                            (i) by striking clause (vi); and
                            (ii) by redesignating clause (vii) as 
                        clause (vi);
            (2) in subsection (d)(5)(C)(ii)(IV) by striking ``, 
        significantly increased the percentages of students described 
        in section 1111(b)(2)(C)(v)(II) who are reading at grade level 
        or above,''; and
            (3) in subsection (e)(1)(B) by striking ``, significantly 
        increased the percentages of students described in section 
        1111(b)(2)(C)(v)(II) who are reading at grade level or 
        above,''.
    (f) Targeted Assistance Grants.--Section 1204(a) (20 U.S.C. 
6364(a)) is amended to read as follows:
    ``(a) Eligibility Criteria for Awarding Targeted Assistance Grants 
to States.--Beginning with fiscal year 2004, from funds appropriated 
under section 1202(b)(1)(E), the Secretary shall make grants, on a 
competitive basis, to those State educational agencies that, for each 
of 2 consecutive years, demonstrate that schools receiving funds under 
section 1202 are improving the reading skills of students in grades 1, 
2, and 3 based on screening, diagnostic, and classroom-based 
instructional reading assessments.''.
    (g) Definitions.--Section 1208(1)(B) (20 U.S.C. 6368(1)(B)) is 
amended--
            (1) by striking clause (ii);
            (2) by inserting ``or'' at the end of clause (i); and
            (3) by redesignating clause (iii) as clause (ii).
    (h) Coordination of Migrant Education Activities.--Section 
1308(b)(2)(A)(ii) is amended by striking ``, credit accrual, and 
results from State assessments required under section 1111(b)'' and 
inserting ``, and credit accrual''.
    (i) Evaluations.--Section 1501 (20 U.S.C. 6491) is amended--
            (1) in subsection (a)(2)--
                    (A) by striking subparagraphs (I) and (N); and
                    (B) by redesignating subparagraphs (J), (K), (L), 
                (M), and (O) as subparagraphs (I), (J), (K), (L), and 
                (M), respectively; and
            (2) in subsection (c)(2)--
                    (A) by striking subparagraph (E); and
                    (B) by redesignating subparagraph (F) as 
                subparagraph (E).
    (j) State Use of Funds.--Section 1604(c) (20 U.S.C. 6514(c)) is 
amended to read as follows:
    ``(c) Priority.--A State educational agency, in awarding subgrants 
under this part, shall give priority to local educational agencies or 
consortia that demonstrate a commitment to assist schools with budget 
allocation, professional development, and other strategies necessary to 
ensure the comprehensive school reforms are properly implemented and 
are sustained in the future.''.
    (k) Local Applications and Needs Assessment.--Section 2122(b)(3) 
(20 U.S.C. 6622(b)(3)) is amended--
            (1) by striking subparagraph (C);
            (2) by inserting ``or'' at the end of subparagraph (A); and
            (3) in subparagraph (B), by striking ``; or'' and inserting 
        a period.
    (l) Definitions.--Section 2131 (20 U.S.C. 6631) is amended to read 
as follows:

``SEC. 2131. DEFINITION.

    ``In this subpart, the term `eligible partnership' means an entity 
that--
            ``(1) shall include--
                    ``(A) a private or State institution of higher 
                education and the division of the institution that 
                prepares teachers and principals;
                    ``(B) a school of arts and sciences; and
                    ``(C) a high-need local educational agency; and
            ``(2) may include another local educational agency, a 
        public charter school, an elementary school or secondary 
        school, an educational service agency, a nonprofit educational 
        organization, another institution of higher education, a school 
        of arts and sciences within such an institution, the division 
        of such an institution that prepares teachers and principals, a 
        nonprofit cultural organization, an entity carrying out a 
        prekindergarten program, a teacher organization, a principal 
        organization, or a business.''.
    (m) Technical Assistance and Accountability.--Section 2141(c) (20 
U.S.C. 6641(c)) is amended by striking ``, and has failed to make 
adequate yearly progress as described under section 1111(b)(2)(B),''.
    (n) Definitions.--Section 2403(3)(B) (20 U.S.C. 6753(3)(B)) is 
amended to read as follows:
                    ``(B) has a substantial need for assistance in 
                acquiring and using technology.''.
    (o) Local Applications.--Section 2414(b)(3)(A) (20 U.S.C. 
6764(b)(3)(A)) is amended by striking ``, or schools identified under 
section 1116,''.
    (p) Purposes.--Section 3102(8) (20 U.S.C. 6812(8)) is amended to 
read as follows:
            ``(8) to hold State educational agencies, local educational 
        agencies, and schools accountable for increases in English 
        proficiency and core academic content knowledge of limited 
        English proficient children by requiring demonstrated 
        improvements in the English proficiency of limited English 
        proficient children each fiscal year; and''.
    (q) Formula Grants to States.--Section 3111(c)(4)(B)(ii)(II) (20 
U.S.C. 6821(c)(4)(B)(ii)(II)) is amended by striking ``section 
1111(b)(7)'' and inserting ``section 1111(b)(4)''.
    (r) State and Specially Qualified Agency Plans.--Section 3113(b) 
(20 U.S.C. 6823(b)) is amended--
            (1) in paragraphs (3)(C) and (3)(D) by striking ``section 
        1111(b)(7)'' and inserting ``section 1111(b)(4)''; and
            (2) in paragraph (5)--
                    (A) by striking subparagraph (B);
                    (B) by inserting ``and'' at the end of subparagraph 
                (A); and
                    (C) by redesignating subparagraph (C) as 
                subparagraph (B).
    (s) Local Plans.--Section 3116(b)(3) (20 U.S.C. 6826(b)(3)) is 
amended--
            (1) by striking subparagraph (B);
            (2) by inserting ``and'' at the end of subparagraph (A); 
        and
            (3) by redesignating subparagraph (C) as subparagraph (B).
    (t) Evaluations.--Section 3121 (20 U.S.C. 6841) is amended--
            (1) in subsection (c)(1)--
                    (A) by striking subparagraph (D); and
                    (B) by inserting ``and'' at the end of subparagraph 
                (B); and
            (2) in subsection (d)--
                    (A) by striking paragraph (2);
                    (B) by inserting ``and'' at the end of paragraph 
                (1); and
                    (C) by redesignating paragraph (3) as paragraph 
                (2).
    (u) Achievement Objectives and Accountability.--Section 3122(a)(3) 
(20 U.S.C. 6842(a)(3)) is amended to read as follows:
            ``(3) Contents.--Such annual measurable achievement 
        objectives shall include--
                    ``(A) at a minimum, annual increases in the number 
                or percentage of children making progress in learning 
                English; and
                    ``(B) at a minimum, annual increases in the number 
                or percentage of children attaining English proficiency 
                by the end of each school year, as determined by a 
                valid and reliable assessment of English proficiency 
                consistent with section 1111(b)(4).''.
    (v) Local Competitive Grant Program.--Section 4204(i)(1) (20 U.S.C. 
7174(i)(1)) is amended to read as follows:
            ``(1) Priority.--In awarding grants under this part, a 
        State educational agency shall give priority to applications 
        submitted jointly by eligible entities consisting of not less 
        than 1--
                    ``(A) local educational agency receiving funds 
                under part A of title I; and
                    ``(B) community-based organization or other public 
                or private entity.''.
    (w) Local Uses of Funds.--Section 5131(a) (20 U.S.C. 7215(a)) is 
amended--
            (1) by striking paragraphs (9) and (27); and
            (2) by redesignating paragraphs (10), (11), (12), (13), 
        (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), 
        (24), (25) and (26) as paragraphs (9), (10), (11), (12), (13), 
        (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), 
        (24), and (25), respectively.
    (x) Local Applications.--Section 5133(b)(9) (20 U.S.C. 7215b(b)(9)) 
is amended by striking ``section 5131(a)(23)'' and inserting ``section 
5131(a)(22)''.
    (y) Evaluations.--Section 5246(b)(3) (20 U.S.C. 7225e(b)(3)) is 
amended by striking ``, particularly students who move from schools 
identified under section 1116 to schools not so identified,''.
    (z) Grants for State Assessments and Related Activities.--Section 
6111(2)(B) (20 U.S.C. 7301(2)(B)) is amended by striking ``section 
1111(b)(7)'' and inserting ``section 1111(b)(4)''.
    (aa) Grants for Enhanced Assessment Instruments.--Section 
6112(a)(1) (20 U.S.C. 7301a(a)(1)) is amended by striking ``beyond the 
requirements for such assessments described in section 1111(b)(3)''.
    (bb) Funding.--Section 6113(b)(1) (20 U.S.C. 7301b(b)(1)) is 
amended by striking ``that are equal to or less than the amount 
described in section 1111(b)(3)(D)''.
    (cc) Transferability of Funds.--Section 6123(b)(1) (20 U.S.C. 
7305b(b)(1)) is amended--
            (1) in subparagraph (A), by striking ``(except a local 
        educational agency identified for improvement under section 
        1116(c) or subject to corrective action under section 
        1116(c)(9))'';
            (2) by striking subparagraph (B); and
            (3) by redesignating subparagraph (C) as subparagraph (B).
    (dd) State Flexibility.--Section 6141(c)(1)(A) (20 U.S.C. 
7315(c)(1)(A)) is amended to read as follows:
                    ``(A) information demonstrating, to the 
                satisfaction of the Secretary, that the grant of 
                authority offers substantial promise of aligning State 
                and local reforms and assisting the local educational 
                agencies that enter into performance agreements with 
                the State educational agency under paragraph (2) in 
                making such adequate yearly progress;''.
    (ee) Accountability for Adequate Yearly Progress.--Section 6161 (20 
U.S.C. 7325) is amended to read as follows:

``SEC. 6161. ACCOUNTABILITY FOR ADEQUATE YEARLY PROGRESS.

    ``In the case of a State educational agency that has a plan 
approved under subpart 1 of part A of title I after the date of 
enactment of the No Child Left Behind Act of 2001, and has a plan 
approved under subpart 1 of part A of title III of such Act after such 
date of enactment, the Secretary shall annually, starting with the 
beginning of the first school year following the first two school years 
for which such plans were implemented, review whether the State has met 
its annual measurable achievement objectives under section 3122(a).''.
    (ff) Peer Review.--Section 6162 (20 U.S.C. 7325a) is amended by 
striking ``on data from the State assessments administered under 
section 1111(b)(3) and''.
    (gg) Technical Assistance.--Section 6163 (20 U.S.C. 7325b) is 
amended to read as follows:
    ``(a) Provision of Assistance.--Based on the reviews described in 
section 6161, the Secretary may provide technical assistance to a State 
that has failed to meet its annual measurable achievement objectives 
under section 3122(a) for 2 consecutive years. The Secretary shall 
provide such assistance not later than the beginning of the first 
school year that begins after such determination is made.
    ``(b) Characteristics.--The technical assistance described in 
subsection (a) shall be valid, reliable and rigorous and meet the 
annual measurable achievement objectives under section 3122(a).''.
    (hh) Report to Congress.--Section 6164 (20 U.S.C. 7325c) is 
amended--
            (1) by striking paragraph (1);
            (2) in paragraph (2), by striking ``section 6161(2)'' and 
        inserting ``section 6161''; and
            (3) by redesignating paragraphs (2), (3), and (4) as 
        paragraphs (1), (2), and (3), respectively.
    (ii) Accountability.--Section 6213 (20 U.S.C. 7345b) is repealed.
    (jj) Accountability.--Section 6224 (20 U.S.C. 7351c) is amended by 
striking subsections (d) and (e).
    (kk) Definitions.--Section 9101(25)(D) (20 U.S.C. 7801(25)(D)) is 
amended--
            (1) by striking clause (i); and
            (2) by redesignating clauses (ii) and (iii) as clauses (i) 
        and (ii), respectively.
    (ll) Civil Rights.--Section 9534(b) (20 U.S.C. 7914(b)) is amended 
by striking ``section 1116 of title I and part B of title V, at the 
commencement of the entity's participation in a grant under section 
1116 of title I or'' and inserting ``part B of title V, at the 
commencement of the entity's participation in a grant under''.

SEC. 12. TABLE OF CONTENTS AMENDMENTS.

    The item relating to sections 1003, 1116, 1117, and 6213 in the 
table of contents are repealed.

SEC. 13. EFFECTIVE DATE.

    This Act, and the amendments made by this Act, shall take effect 
August 1, 2013.
                                 <all>