[Congressional Record Volume 161, Number 109 (Tuesday, July 14, 2015)]
[Senate]
[Page S5085]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2249. Ms. WARREN (for herself, Mr. Gardner, and Ms. Hirono) 
submitted an amendment intended to be proposed to amendment SA 2089 
submitted by Mr. Alexander (for himself and Mrs. Murray) to the bill S. 
1177, to reauthorize the Elementary and Secondary Education Act of 1965 
to ensure that every child achieves; which was ordered to lie on the 
table; as follows:

       On page 73, line 12, strike the period at the end and 
     insert the following: ``; and
       ``(N) the State educational agency will provide the 
     information described in clauses (ii), (iii), and (iv) of 
     subsection (d)(1)(C) to the public in an easily accessible 
     and user-friendly manner that can be cross-tabulated by, at a 
     minimum, each major racial and ethnic group, gender, English 
     proficiency, and students with or without disabilities, 
     which--
       ``(i) may be accomplished by including such information on 
     the annual State report card described subsection (d)(1)(C)); 
     and
       ``(ii) shall be presented in a manner that--

       ``(I) is first anonymized and does not reveal personally 
     identifiable information about an individual student;
       ``(II) does not include a number of students in any 
     category of students that is insufficient to yield 
     statistically reliable information or that would reveal 
     personally identifiable information about an individual 
     student; and
       ``(III) is consistent with the requirements of section 444 
     of the General Education Provisions Act (20 U.S.C. 1232g, 
     commonly known as the `Family Educational Rights and Privacy 
     Act of 1974').

       ``(3) Rules of construction.--Nothing in paragraph (2)(N) 
     shall be construed to--
       ``(A) require groups of students obtained by any entity 
     that cross-tabulates the information provided under such 
     paragraph to be considered categories of students under 
     subsection (b)(3)(A) for the purposes of the State 
     accountability system under subsection (b)(3); or
       ``(B) to prohibit States from publicly reporting data in a 
     cross-tabulated manner, in order to meet the requirements of 
     paragraph (2)(N).
       ``(4) Technical assistance.--Upon request by a State 
     educational agency, the Secretary shall provide technical 
     assistance to such agency in order to meet the requirements 
     of paragraph (2)(N).
       On page 189, after line 23, insert the following:
       ``(5) Designing the report cards and reports under section 
     1111(d) in an easily accessible, user-friendly manner that 
     cross-tabulates student information by any category the State 
     determines appropriate, as long as such cross-tabulation--
       ``(A) does not reveal personally identifiable information 
     about an individual student; and
       ``(B) is derived from existing State and local reporting 
     requirements and data sources.
       ``(b) Rule of Construction.--Nothing in paragraph (5) shall 
     be construed as authorizing, requiring, or allowing any 
     additional reporting requirements, data elements, or 
     information to be reported to the Secretary not otherwise 
     explicitly authorized under this Act.
                                 ______