PUBLIC LAW 107-llO^JAN. 8, 2002 115 STAT. 1449 accommodations, guidelines, and alternative assessments provided in the same manner as those provided under section 612(a)(17)(A) of the Individuals with Disabilities Education Act and paragraph (3), on which adequate yearly progress is based (except that the 95 percent requirement described in this clause shall not apply in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student). "(J) UNIFORM AVERAGING PROCEDURE.—For the purpose of determining whether schools are making adequate yearly progress, the State may establish a uniform procedure for averaging data which includes one or more of the following: "(i) The State may average data from the school year for which the determination is made with data from one or two school years immediately preceding that school year. "(ii) Until the assessments described in paragraph (3) are administered in such manner and time to allow for the implementation of the uniform procedure for averaging data described in clause (i), the State may use the academic assessments that were required under paragraph (3) as that paragraph was in effect on the day preceding the date of enactment of the No Child Left Behind Act of 2001, provided that nothing in this clause shall be construed to undermine or delay the determination of adequate yearly progress, the requirements of section 1116, or the implementation of assessments under this section. "(iii) The State may use data across grades in a school. "(K) ACCOUNTABILITY FOR CHARTER SCHOOLS. — The accountability provisions under this Act shall be overseen for charter schools in accordance with State charter school law. "(3) ACADEMIC ASSESSMENTS.— "(A) IN GENERAL. —Each State plan shall demonstrate that the State educational agency, in consultation with local educational agencies, has implemented a set of highquality, yearly student academic assessments that include, at a minimum, academic assessments in mathematics, reading or language arts, and science that will be used as the primary means of determining the yearly performance of the State and of each local educational agency and school in the State in enabling all children to meet the State's challenging student academic achievement standards, except that no State shall be required to meet the requirements of this part relating to science assessments until the beginning of the 2007-2008 school year. "(B) USE OF ASSESSMENTS.—Each State educational agency may incorporate the data from the assessments under this paragraph into a State-developed longitudinal data system that links student test scores, length of enrollment, and graduation records over time. "(C) REQUIREMENTS.—Such assessments shall—
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