[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3152 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 3152

To amend the Elementary and Secondary Education Act of 1965 to require 
  that annual State report cards reflect the same race groups as the 
                    decennial census of population.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 26, 2023

 Ms. Hirono (for herself, Mr. Markey, Mrs. Gillibrand, Mr. Booker, and 
  Ms. Warren) introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
To amend the Elementary and Secondary Education Act of 1965 to require 
  that annual State report cards reflect the same race groups as the 
                    decennial census of population.

    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 ``All Students Count Act of 2023''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Asian Americans, as well as Native Hawaiians and 
        Pacific Islanders, are an incredibly diverse population. Due to 
        this diversity, the United States Office of Management and 
        Budget's Statistical Policy Directive No. 15 of 1997, entitled 
        ``Race and Ethnic Standards for Federal Statistics and 
        Administrative Reporting'', separated the Asian and Pacific 
        Islander category into two distinct and separate categories, 
        now called ``Asians'' and ``Native Hawaiians and Other Pacific 
        Islanders'', and these two distinct categories were used in the 
        2000 United States Census. As of 2022, the United States Census 
        Bureau reports data for at least 27 different ethnicities 
        within these two categories.
            (2) While Asian Americans, as well as Native Hawaiians and 
        Pacific Islanders, are often misrepresented as a homogeneous 
        group, their diversity represents ethnicities from over 30 
        different countries. They also experience diverse social and 
        educational differences that are unique to their respective 
        communities.
            (3) For example, there are now over 3,000,000 Southeast 
        Asian Americans in the United States, including 1,100,000 
        refugees from Cambodia, Laos, and Vietnam, who escaped war, 
        persecution, and genocide. Southeast Asian Americans' 
        experiences with violence and the stressors associated with 
        relocation have negatively affected their educational outcomes. 
        According to data from the Bureau of the Census, around a 
        quarter of Southeast Asian American adults aged 25 and older do 
        not have a high school diploma, compared to 12 percent of the 
        total population. An additional 42 percent of Cambodian, 44 
        percent of Hmong, 48 percent of Lao, and 37 percent of 
        Vietnamese American high school graduates have not continued on 
        to earn their bachelor's degree, compared to 29 percent of all 
        Asian Americans.
            (4) The history of Native Hawaiians and Pacific Islanders 
        include forced migration and complex political relationships 
        with the United States. As a result, this history has 
        influenced Native Hawaiian and Pacific Islander students' long-
        term educational opportunities. For example, the high school 
        graduation rates for Native Hawaiian and Pacific Islanders 
        average 84 percent, yet less than 15 percent have attained a 
        four-year bachelor's degree. The proportion of Native Hawaiian 
        and Pacific Islander adults who have not enrolled in any 
        postsecondary education is particularly high, including 58 
        percent of Samoans, 57 percent of Tongans, 53 percent of Native 
        Hawaiians, and 49 percent of Guamanians or Chamorros.
            (5) The Elementary and Secondary Education Act of 1965 
        requires that States report certain educational data 
        disaggregated only by major racial and ethnic groups. However, 
        detailed ethnic groups, which have long been reported by the 
        Bureau of the Census and requested by diverse Asian American 
        and Native Hawaiian and Pacific Islander communities to be 
        included in education data, are not included in data collection 
        and reporting requirements. As of 2023, data requirements do 
        not reflect the changing demographics, varied experiences, and 
        needs of public school students.
            (6) Given the diversity in backgrounds and educational 
        experiences, disaggregating data for detailed Asian American 
        and Native Hawaiian and Pacific Islander ethnic groups and 
        making the data publicly available and accessible are critical 
        to identifying and supporting the educational needs of these 
        diverse communities.

SEC. 3. DISAGGREGATION OF INFORMATION ON STUDENT PERFORMANCE.

    (a) Further Disaggregation of Asian American, Native Hawaiian, and 
Pacific Islander Student Data.--Section 1111(b)(2)(B)(xi) of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 
6311(b)(2)(B)(xi)) is amended by striking ``ethnic group;'' and 
inserting ``ethnic group, including--
                                            ``(aa) under the category 
                                        of `Asian American', Chinese, 
                                        Asian Indian, Filipino, 
                                        Japanese, Korean, Vietnamese, 
                                        Pakistani, Cambodian, Hmong, 
                                        Laotian, Thai, Taiwanese, 
                                        Burmese, Bangladeshi, and 
                                        Nepalese sub-groups, and, to 
                                        the greatest extent 
                                        practicable, additional 
                                        subgroups such as the lu Mien 
                                        and Montagnards; and
                                            ``(bb) under the category 
                                        of `Native Hawaiian and Pacific 
                                        Islander', Native Hawaiian, 
                                        Samoan, Chamorro, Tongan, 
                                        iTaukei, and Marshallese, and, 
                                        to the greatest extent 
                                        practicable, additional 
                                        subgroups such as the Chuukese 
                                        and Palauan.''.
    (b) Further Defining Subgroups Under Statewide Accountability 
System.--Section 1111(c)(2)(B) of that Act (20 U.S.C. 6311(c)(2)(B)) is 
amended by inserting ``(as described in subsection (b)(2)(B)(xi))'' 
after ``ethnic group''.

SEC. 4. GUIDANCE ON COLLECTING AND REPORTING ETHNIC DATA.

    The Secretary of Education, in consultation with the Director of 
the Institute of Education Sciences, shall develop guidance related to 
whether and when the reporting requirements described under section 
1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 6311(b)(2)(B)(xi)) will yield statistically reliable 
information. Such guidance shall help to inform the minimum number of 
students that will maximize data reporting for each major racial and 
ethnic group.
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