[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2794 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2794

             To improve elementary and secondary education.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 13, 2004

   Mr. Kennedy (for himself, Mr. Dodd, Mr. Harkin, Ms. Mikulski, Mr. 
   Bingaman, Mrs. Murray, Mr. Reed, and Mrs. Clinton) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
             To improve elementary and secondary education.

    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 ``No Child Left Behind Improvement Act 
of 2004''.

 TITLE I--PUBLIC SCHOOL CHOICE, SUPPLEMENTAL EDUCATIONAL SERVICES, AND 
                            TEACHER QUALITY

SEC. 101. PUBLIC SCHOOL CHOICE CAPACITY.

    (a) School Capacity.--Section 1116(b)(1)(E) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 6316(b)) is amended--
            (1) in clause (i), by striking ``In the case'' and 
        inserting ``Subject to clauses (ii) and (iii), in the case'';
            (2) by redesignating clause (ii) as clause (iii);
            (3) by inserting after clause (i) the following:
                            ``(ii) School capacity.--The obligation of 
                        a local educational agency to provide the 
                        option to transfer to students under clause (i) 
                        is subject to all applicable State and local 
                        health and safety code requirements regarding 
                        facility capacity.''; and
            (4) in clause (iii) (as redesignated by paragraph (2)), by 
        inserting ``and subject to clause (ii),'' after ``public 
        school,''.
    (b) Grants for School Construction and Renovation.--Subpart 1 of 
part A of title I of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 6311 et seq.) is amended by adding at the end the following:

``SEC. 1120C. GRANTS FOR SCHOOL CONSTRUCTION AND RENOVATION.

    ``(a) Program Authorized.--From funds appropriated under subsection 
(g), the Secretary is authorized to award grants to local educational 
agencies experiencing overcrowding in the schools served by the local 
educational agencies, for the construction and renovation of safe, 
healthy, high-performance school buildings.
    ``(b) Application.--Each local educational agency desiring a grant 
under this section shall submit an application to the Secretary at such 
time, in such manner, and accompanied by such additional information as 
the Secretary may require.
    ``(c) Priority.--In awarding grants under this section, the 
Secretary shall give priority to local educational agencies--
            ``(1) who have documented difficulties in meeting the 
        public school choice requirements of paragraph (1)(E), (5)(A), 
        (7)(C)(i), or (8)(A)(i) of section 1116(b), or section 
        1116(c)(10)(C)(vii); and
            ``(2) with the highest number of schools at or above 
        capacity.
    ``(d) Award Basis.--From funds remaining after awarding grants 
under subsection (c), the Secretary shall award grants to local 
educational agencies that are experiencing overcrowding in the schools 
served by the local educational agencies.
    ``(e) Prevailing Wages.--Any laborer or mechanic employed by any 
contractor or subcontractor in the performance of work on any 
construction funded by a grant awarded under this section will be paid 
wages at rates not less than those prevailing on similar construction 
in the locality as determined by the Secretary of Labor under 
subchapter IV of chapter 31 of title 40, United States Code (commonly 
referred to as the Davis-Bacon Act).
    ``(f) Definitions.--In this section:
            ``(1) At or above capacity.--The term `at or above 
        capacity', in reference to a school, means a school in which 1 
        additional student would increase the average class size of the 
        school above the average class size of all schools in the State 
        in which the school is located.
            ``(2) Healthy, high-performance school building.--The term 
        `healthy, high-performance school building' has the meaning 
        given such term in section 5586.
    ``(g) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $250,000,000 for fiscal year 
2005, and such sums as may be necessary for each of the 2 succeeding 
fiscal years.''.

SEC. 102. SUPPLEMENTAL EDUCATIONAL SERVICES.

    Section 1116(e) of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6316(e)) is amended--
            (1) in paragraph (4)--
                    (A) in subparagraph (B), by striking the semicolon 
                and inserting ``, including criteria that--
                            ``(i) ensure that personnel delivering 
                        supplemental educational services to students 
                        have adequate qualifications; and
                            ``(ii) may, at the State's discretion, 
                        ensure that personnel delivering supplemental 
                        educational services to students are teachers 
                        that are highly qualified, as such term is 
                        defined in section 9101;'';
                    (B) in subparagraph (D), by striking ``and'' after 
                the semicolon;
                    (C) in subparagraph (E), by striking the period and 
                inserting ``; and''; and
                    (D) by adding at the end the following:
                    ``(F) ensure that the list of approved providers of 
                supplemental educational services described in 
                subparagraph (C) includes a choice of providers that 
                have sufficient capacity to provide effective services 
                for children who are limited English proficient and 
                children with disabilities.'';
            (2) in paragraph (5)(C)--
                    (A) by striking ``applicable''; and
                    (B) by inserting before the period ``, and 
                acknowledge in writing that, as an approved provider in 
                the relevant State educational agency program of 
                providing supplemental educational services, the 
                provider is deemed to be a recipient of Federal 
                financial assistance'';
            (3) by redesignating paragraphs (6), (7), (8), (9), (10), 
        (11), and (12) as paragraphs (7), (8), (9), (10), (11), (12), 
        and (13), respectively;
            (4) by inserting after paragraph (5) the following:
            ``(6) Rule of construction.--Nothing in this section shall 
        be construed to prohibit a local educational agency from being 
        considered by a State educational agency as a potential 
        provider of supplemental educational services under this 
        subsection, if such local educational agency meets the criteria 
        adopted by the State educational agency in accordance with 
        paragraph (5).'';
            (5) in paragraph (13) (as redesignated by paragraph (3))--
                    (A) in subparagraph (B)--
                            (i) in clause (ii), by striking ``and'' 
                        after the semicolon;
                            (ii) in clause (iii), by striking ``and'' 
                        after the semicolon; and
                            (iii) by adding at the end the following:
                            ``(iv) may employ teachers who are highly 
                        qualified as such term is defined in section 
                        9101; and
                            ``(v) pursuant to its inclusion on the 
                        relevant State educational agency's list 
                        described in paragraph (4)(C), is deemed to be 
                        a recipient of Federal financial assistance; 
                        and''; and
                    (B) in subparagraph (C)--
                            (i) in the matter preceding subclause (i), 
                        by striking ``are'';
                            (ii) in subclause (i)--
                                    (I) by inserting ``are'' before 
                                ``in addition''; and
                                    (II) by striking ``and'' after the 
                                semicolon;
                            (iii) in subclause (ii), by striking the 
                        period and inserting ``; and''; and
                            (iv) by adding at the end the following:
                            ``(iii) if provided by providers that are 
                        included on the relevant State educational 
                        agency's list described in paragraph (4)(C), 
                        shall be deemed to be programs or activities of 
                        the relevant State educational agency.''; and
            (6) by adding at the end the following:
            ``(14) Civil rights.--In providing supplemental educational 
        services under this subsection, no State educational agency or 
        local educational agency may, directly or through contractual, 
        licensing, or other arrangements with a provider of 
        supplemental educational services, engage in any form of 
        discrimination prohibited by--
                    ``(A) title VI of the Civil Rights Act of 1964;
                    ``(B) title IX of the Education Amendments of 1972;
                    ``(C) section 504 of the Rehabilitation Act of 
                1973;
                    ``(D) titles II and III of the Americans with 
                Disabilities Act;
                    ``(E) the Age Discrimination Act of 1975;
                    ``(F) regulations promulgated under the authority 
                of the laws listed in subparagraphs (A) through (E); or
                    ``(G) other Federal civil rights laws.''.

SEC. 103. QUALIFICATIONS FOR TEACHERS AND PARAPROFESSIONALS.

    (a) High Objective Uniform State Standard of Evaluation.--Section 
1119 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
6319) is amended--
            (1) in subsection (a)(2)--
                    (A) by redesignating subparagraphs (A) through (C) 
                as clauses (i) through (iii), respectively, and 
                indenting as appropriate;
                    (B) by striking ``(2) State plan.--As part'' and 
                inserting the following:
            ``(2) State plan.--
                    ``(A) In general.--As part''; and
                    (C) by adding at the end the following:
                    ``(B) Availability of state standards.--Each State 
                educational agency shall make available to teachers in 
                the State the high objective uniform State standard of 
                evaluation, as described in section 9101(23)(C)(ii), 
                for the purpose of meeting the teacher qualification 
                requirements established under this section.'';
            (2) by redesignating subsections (e), (f), (g), (h), (i), 
        (j), (k), and (l) as subsections (f), (g), (h), (i), (j), (k), 
        (l), and (m), respectively;
            (3) by inserting after subsection (d) the following:
    ``(e) State Responsibilities.--Each State educational agency shall 
ensure that local educational agencies in the State make available all 
options described in subparagraphs (A) through (C) of subsection (c)(1) 
to each new or existing paraprofessional for the purpose of 
demonstrating the qualifications of the paraprofessional, consistent 
with the requirements of this section.''; and
            (4) in subsection (l) (as redesignated in paragraph (2)), 
        by striking ``subsection (l)'' and inserting ``subsection 
        (m)''.
    (b) Definition of Highly Qualified Teachers.--Section 
9101(23)(B)(ii) is amended--
            (1) in subclause (I), by striking ``or'' after the 
        semicolon;
            (2) in subclause (II), by striking ``and'' after the 
        semicolon; and
            (3) by adding at the end the following:
                                    ``(III) in the case of a middle 
                                school teacher, passing a State-
                                approved middle school generalist exam 
                                when the teacher receives a license to 
                                teach middle school in the State;
                                    ``(IV) obtaining a State middle 
                                school or secondary school social 
                                studies certificate that qualifies the 
                                teacher to teach history, geography, 
                                economics, civics, and government in 
                                middle schools or in secondary schools, 
                                respectively, in the State; or
                                    ``(V) obtaining a State middle 
                                school or secondary school science 
                                certificate that qualifies the teacher 
                                to teach earth science, biology, 
                                chemistry, and physics in middle 
                                schools or secondary schools, 
                                respectively, in the State; and''.

           TITLE II--ADEQUATE YEARLY PROGRESS DETERMINATIONS

SEC. 201. REVIEW OF ADEQUATE YEARLY PROGRESS DETERMINATIONS FOR SCHOOLS 
              FOR THE 2002-2003 SCHOOL YEAR.

    (a) In General.--The Secretary shall require each local educational 
agency to provide each school served by the agency with an opportunity 
to request a review of a determination by the agency that the school 
did not make adequate yearly progress for the 2002-2003 school year.
    (b) Final Determination.--Not later than 30 days after receipt of a 
request by a school for a review under this section, a local 
educational agency shall issue and make publicly available a final 
determination on whether the school made adequate yearly progress for 
the 2002-2003 school year.
    (c) Evidence.--In conducting a review under this section, a local 
educational agency shall--
            (1) allow the principal of the school involved to submit 
        evidence on whether the school made adequate yearly progress 
        for the 2002-2003 school year; and
            (2) consider that evidence before making a final 
        determination under subsection (b).
    (d) Standard of Review.--In conducting a review under this section, 
a local educational agency shall revise, consistent with the applicable 
State plan under section 1111 of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 6311), the local educational agency's original 
determination that a school did not make adequate yearly progress for 
the 2002-2003 school year if the agency finds that the school made such 
progress, taking into consideration--
            (1) the amendments made to part 200 of title 34, Code of 
        Federal Regulations (68 Fed. Reg. 68698) (relating to 
        accountability for the academic achievement of students with 
        the most significant cognitive disabilities); or
            (2) any regulation or guidance that, subsequent to the date 
        of such original determination, was issued by the Secretary 
        relating to--
                    (A) the assessment of limited English proficient 
                children;
                    (B) the inclusion of limited English proficient 
                children as part of the subgroup described in section 
                1111(b)(2)(C)(v)(II)(dd) of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 
                6311(b)(2)(C)(v)(II)(dd)) after such children have 
                obtained English proficiency; or
                    (C) any requirement under section 1111(b)(2)(I)(ii) 
                of the Elementary and Secondary Education Act of 1965 
                (20 U.S.C. 6311(b)(2)(I)(ii)).
    (e) Effect of Revised Determination.--
            (1) In general.--If pursuant to a review under this section 
        a local educational agency determines that a school made 
        adequate yearly progress for the 2002-2003 school year, upon 
        such determination--
                    (A) any action by the Secretary, the State 
                educational agency, or the local educational agency 
                that was taken because of a prior determination that 
                the school did not make such progress shall be 
                terminated; and
                    (B) any obligations or actions required of the 
                local educational agency or the school because of the 
                prior determination shall cease to be required.
            (2) Exceptions.--Notwithstanding paragraph (1), a 
        determination under this section shall not affect any 
        obligation or action required of a local educational agency or 
        school under the following:
                    (A) Section 1116(b)(13) of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 6316(b)(13)) 
                (requiring a local educational agency to continue to 
                permit a child who transferred to another school under 
                such section to remain in that school until completion 
                of the highest grade in the school).
                    (B) Section 1116(e)(9) of the Elementary and 
                Secondary Education Act of 1965 (as redesignated by 
                section 102(3)) (20 U.S.C. 6316(e)(9)) (requiring a 
                local educational agency to continue to provide 
                supplemental educational services under such section 
                until the end of the school year).
            (3) Subsequent determinations.--In determining whether a 
        school is subject to school improvement, corrective action, or 
        restructuring as a result of not making adequate yearly 
        progress, the Secretary, a State educational agency, or a local 
        educational agency may not take into account a determination 
        that the school did not make adequate yearly progress for the 
        2002-2003 school year if such determination was revised under 
        this section and the school received a final determination of 
        having made adequate yearly progress for the 2002-2003 school 
        year.
    (f) Notification.--The Secretary--
            (1) shall require each State educational agency to notify 
        each school served by the agency of the school's ability to 
        request a review under this section; and
            (2) not later than 30 days after the date of the enactment 
        of this section, shall notify the public by means of the 
        Department of Education's website of the review process 
        established under this section.

SEC. 202. REVIEW OF ADEQUATE YEARLY PROGRESS DETERMINATIONS FOR LOCAL 
              EDUCATIONAL AGENCIES FOR THE 2002-2003 SCHOOL YEAR.

    (a) In General.--The Secretary shall require each State educational 
agency to provide each local educational agency in the State with an 
opportunity to request a review of a determination by the State 
educational agency that the local educational agency did not make 
adequate yearly progress for the 2002-2003 school year.
    (b) Application of Certain Provisions.--Except as inconsistent 
with, or inapplicable to, this section, the provisions of section 201 
shall apply to review by a State educational agency of a determination 
described in subsection (a) in the same manner and to the same extent 
as such provisions apply to review by a local educational agency of a 
determination described in section 201(a).

SEC. 203. DEFINITIONS.

    In this title:
            (1) The term ``adequate yearly progress'' has the meaning 
        given to that term in section 1111(b)(2)(C) of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)).
            (2) The term ``local educational agency'' means a local 
        educational agency (as that term is defined in section 9101 of 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801)) receiving funds under part A of title I of such Act (20 
        U.S.C. 6311 et seq.).
            (3) The term ``Secretary'' means the Secretary of 
        Education.
            (4) The term ``school'' means an elementary school or a 
        secondary school (as those terms are defined in section 9101 of 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801)) served under part A of title I of such Act (20 U.S.C. 
        6311 et seq.).
            (5) The term ``State educational agency'' means a State 
        educational agency (as that term is defined in section 9101 of 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801)) receiving funds under part A of title I of such Act (20 
        U.S.C. 6311 et seq.).

           TITLE III--IMPROVING ASSESSMENT AND ACCOUNTABILITY

SEC. 301. GRANTS FOR INCREASING DATA CAPACITY FOR PURPOSES OF 
              ASSESSMENT AND ACCOUNTABILITY.

    (a) Program Authorized.--From funds appropriated under subsection 
(g) for a fiscal year, the Secretary may award grants, on a competitive 
basis, to State educational agencies--
            (1) to enable the State educational agencies to develop or 
        increase the capacity of data systems for assessment and 
        accountability purposes, including the collection of graduation 
        rates; and
            (2) to award subgrants to increase the capacity of local 
        educational agencies to upgrade, create, or manage longitudinal 
        data systems for the purpose of measuring student academic 
        progress and achievement.
    (b) State Application.--Each State educational agency desiring a 
grant under this section shall submit an application to the Secretary 
at such time, in such manner, and containing such information as the 
Secretary may require.
    (c) State Use of Funds.--Each State educational agency that 
receives a grant under this section shall use--
            (1) not more than 20 percent of the grant funds for the 
        purpose of--
                    (A) increasing the capacity of, or creating, State 
                databases to collect, disaggregate, and report 
                information related to student achievement, enrollment, 
                and graduation rates for assessment and accountability 
                purposes; and
                    (B) reporting, on an annual basis, for the 
                elementary schools and secondary schools within the 
                State, on--
                            (i) the enrollment data from the beginning 
                        of the academic year;
                            (ii) the enrollment data from the end of 
                        the academic year; and
                            (iii) the twelfth grade graduation rates; 
                        and
            (2) not less than 80 percent of the grant funds to award 
        subgrants to local educational agencies within the State to 
        enable the local educational agencies to carry out the 
        authorized activities described in subsection (e).
    (d) Local Application.--Each local educational agency desiring a 
subgrant under this section shall submit an application to the State 
educational agency at such time, in such manner, and containing such 
information as the State educational agency may require. Each such 
application shall include, at a minimum, a demonstration of the local 
educational agency's ability to put a longitudinal data system in 
place.
    (e) Local Authorized Activities.--Each local educational agency 
that receives a subgrant under this section shall use the subgrant 
funds to increase the capacity of the local educational agency to 
upgrade or manage longitudinal data systems consistent with the uses in 
subsection (c)(1), by--
            (1) purchasing database software or hardware;
            (2) hiring additional staff for the purpose of managing 
        such data;
            (3) providing professional development or additional 
        training for such staff; and
            (4) providing professional development or training for 
        principals and teachers on how to effectively use such data to 
        implement instructional strategies to improve student 
        achievement and graduation rates.
    (f) Definitions.--In this section:
            (1) The term ``graduation rate'' means the percentage 
        that--
                    (A) the total number of students who--
                            (i) graduate from a secondary school with a 
                        regular diploma (which shall not include the 
                        recognized equivalent of a secondary school 
                        diploma or an alternative degree) in an 
                        academic year; and
                            (ii) graduated on time by progressing 1 
                        grade per academic year; represents of
                    (B) the total number of students who entered the 
                secondary school in the entry level academic year 
                applicable to the graduating students.
            (2) The terms ``State educational agency'' and ``local 
        educational agency'' have the meanings given such terms in 
        section 9101 of the Elementary and Secondary Education Act of 
        1965 (20 U.S.C. 7801).
            (3) The term ``Secretary'' means the Secretary of 
        Education.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $100,000,000 for fiscal year 
2005, and such sums as may be necessary for each of the 2 succeeding 
fiscal years.

SEC. 302. GRANTS FOR ASSESSMENT OF CHILDREN WITH DISABILITIES AND 
              CHILDREN WHO ARE LIMITED ENGLISH PROFICIENT.

    Part E of title I of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6491 et seq.) is amended by adding at the end the 
following:

``SEC. 1505. GRANTS FOR ASSESSMENT OF CHILDREN WITH DISABILITIES AND 
              CHILDREN WHO ARE LIMITED ENGLISH PROFICIENT.

    ``(a) Grants Authorized.--From amounts authorized under subsection 
(e) for a fiscal year, the Secretary shall award grants, on a 
competitive basis, to State educational agencies, or to consortia of 
State educational agencies, to enable the State educational agencies or 
consortia to collaborate with institutions of higher education, 
research institutions, or other organizations--
            ``(1) to design and improve State academic assessments for 
        students who are limited English proficient and students with 
        disabilities; and
            ``(2) to ensure the most accurate, valid, and reliable 
        means to assess academic content standards and student academic 
        achievement standards for students who are limited English 
        proficient and students with disabilities.
    ``(b) Authorized Activities.--A State educational agency or 
consortium that receives a grant under this section shall use the grant 
funds to carry out 1 or more of the following activities:
            ``(1) Developing alternate assessments for students with 
        disabilities, consistent with section 1111 and the amendments 
        made on December 9, 2003, to part 200 of title 34, Code of 
        Federal Regulations (68 Fed. Reg. 68698) (relating to 
        accountability for the academic achievement of students with 
        the most significant cognitive disabilities), including--
                    ``(A) the alignment of such assessments, as 
                appropriate and consistent with such amendments, with--
                            ``(i) State academic achievement standards 
                        and State academic content standards for all 
                        students; or
                            ``(ii) alternate State academic achievement 
                        standards that reflect the intended 
                        instructional construct for students with 
                        disabilities;
                    ``(B) activities to ensure that such assessments do 
                not reflect the disabilities, or associated 
                characteristics, of the students that are extraneous to 
                the intent of the measurement;
                    ``(C) the development of an implementation plan for 
                pilot tests for such assessments, in order to determine 
                the level of appropriateness and feasibility of full-
                scale administration; and
                    ``(D) activities that provide for the retention of 
                all feasible standardized features in the alternate 
                assessments.
            ``(2) Developing alternate assessments that meet the 
        requirements of section 1111 for students who are limited 
        English proficient, including--
                    ``(A) the alignment of such assessments with State 
                academic achievement standards and State academic 
                content standards for all students;
                    ``(B) the development of parallel native language 
                assessments or linguistically modified assessments for 
                limited English proficient students that meet the 
                requirements of section 1111(b)(3)(C)(ix)(III);
                    ``(C) the development of an implementation plan for 
                pilot tests for such assessments, in order to determine 
                the level of appropriateness and feasibility of full-
                scale administration; and
                    ``(D) activities that provide for the retention of 
                all feasible standardized features in the alternate 
                assessments.
            ``(3) Developing, modifying, or revising State policies and 
        criteria for appropriate accommodations to ensure the full 
        participation of students who are limited English proficient 
        and students with disabilities in State academic assessments, 
        including--
                    ``(A) developing a plan to ensure that assessments 
                provided with accommodations are fully included and 
                integrated into the accountability system, for the 
                purpose of making the determinations of adequate yearly 
                progress required under section 1116;
                    ``(B) ensuring the validity, reliability, and 
                appropriateness of such accommodations, such as--
                            ``(i) a modification to the presentation or 
                        format of the assessment;
                            ``(ii) the use of assistive devices;
                            ``(iii) an extension of the time allowed 
                        for testing;
                            ``(iv) an alteration of the test setting or 
                        procedures;
                            ``(v) the administration of portions of the 
                        test in a method appropriate for the level of 
                        language proficiency of the test taker;
                            ``(vi) the use of a glossary or dictionary; 
                        and
                            ``(vii) the use of a linguistically 
                        modified assessment;
                    ``(C) ensuring that State policies and criteria for 
                appropriate accommodations take into account the form 
                or program of instruction provided to students, 
                including the level of difficulty, reliability, 
                cultural difference, and content equivalence of such 
                form or program;
                    ``(D) ensuring that such policies are consistent 
                with the standards prepared by the Joint Committee on 
                Standards for Educational and Psychological Testing of 
                the American Educational Research Association, the 
                American Psychological Association, and the National 
                Council on Measurement in Education; and
                    ``(E) developing a plan for providing training on 
                the use of accommodations to school instructional 
                staff, families, students, and other appropriate 
                parties.
            ``(4) Developing universally designed assessments that can 
        be accessible to all students, including--
                    ``(A) examining test item or test performance for 
                students with disabilities and students who are limited 
                English proficient, to determine the extent to which 
                the test item or test is universally designed;
                    ``(B) using think aloud and cognitive laboratory 
                procedures, as well as item statistics, to identify 
                test items that may pose particular problems for 
                students with disabilities or students who are limited 
                English proficient;
                    ``(C) developing and implementing a plan to ensure 
                that developers and reviewers of test items are trained 
                in the principles of universal design; and
                    ``(D) developing computer-based applications of 
                universal design principles.
    ``(c) Application.--Each State educational agency, or consortium of 
State educational agencies, desiring to apply for a grant under this 
section shall submit an application to the Secretary at such time, in 
such manner, and containing such information as the Secretary may 
require, including--
            ``(1) information regarding the institutions of higher 
        education, research institutions, or other organizations that 
        are collaborating with the State educational agency or 
        consortium, in accordance with subsection (a);
            ``(2) in the case of a consortium of State educational 
        agencies, the designation of 1 State educational agency as the 
        fiscal agent for the receipt of grant funds;
            ``(3) a description of the process and criteria by which 
        the State educational agency will identify students that are 
        unable to participate in general State content assessments and 
        are eligible to take alternate assessments, consistent with the 
        amendments made to part 200 of title 34, Code of Federal 
        Regulations (68 Fed. Reg. 68698);
            ``(4) in the case of a State educational agency or 
        consortium carrying out the activity described in subsection 
        (b)(1)(A), a description of how the State educational agency 
        plans to fulfill the requirement of subsection (b)(1)(A);
            ``(5) in the case of a State educational agency or 
        consortium carrying out the activities described in paragraphs 
        (1), (2), and (4) of subsection (b), information regarding the 
        proposed techniques for the development of alternate 
        assessments, including a description of the technical adequacy 
        of, technical aspects of, and scoring for, such assessments;
            ``(6) a plan for providing training for school 
        instructional staff, families, students, and other appropriate 
        parties on the use of alternate assessments; and
            ``(7) information on how the scores of students 
        participating in alternate assessments will be reported to the 
        public and to parents.
    ``(d) Evaluation and Reporting Requirements.--Each State 
educational agency receiving a grant under this section shall submit an 
annual report to the Secretary describing the activities carried out 
under the grant and the result of such activities, including--
            ``(1) details on the effectiveness of the activities 
        supported under this section in helping students with 
        disabilities, or students who are limited English proficient, 
        better participate in State assessment programs; and
            ``(2) information on the change in achievement, if any, of 
        students with disabilities and students who are limited English 
        proficient, as a result of a more accurate assessment of such 
        students.
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $50,000,000 for fiscal year 
2005, and such sums as may be necessary for each of the 2 succeeding 
fiscal years.''.

SEC. 303. REPORTS ON STUDENT ENROLLMENT AND GRADUATION RATES.

    Part E of title I of the Elementary and Secondary Education Act of 
1965 (as amended by section 302) (20 U.S.C. 6491 et seq.) is amended by 
adding at the end the following:

``SEC. 1506. REPORTS ON STUDENT ENROLLMENT AND GRADUATION RATES.

    ``(a) In General.--The Secretary of Education shall collect from 
each State educational agency, local educational agency, and school, on 
an annual basis, the following data:
            ``(1) The number of students enrolled in each of grades 7 
        through 12 at the beginning of the most recent school year.
            ``(2) The number of students enrolled in each of grades 7 
        through 12 at the end of the most recent school year.
            ``(3) The graduation rate for the most recent school year.
            ``(4) The data described in paragraphs (1) through (3), 
        disaggregated by the groups of students described in section 
        1111(b)(2)(C)(v)(II).
    ``(b) Annual Report.--The Secretary shall report the information 
collected under subsection (a) on an annual basis.''.

                         TITLE IV--CIVIL RIGHTS

SEC. 401. CIVIL RIGHTS.

    Section 9534 of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7914) is amended--
            (1) by redesignating subsections (a) and (b) as subsections 
        (b) and (c), respectively; and
            (2) by inserting before subsection (b) (as redesignated by 
        paragraph (1)) the following:
    ``(a) Prohibition of Discrimination.--Discrimination on the basis 
of race, color, religion, sex (except as otherwise permitted under 
title IX of the Education Amendments of 1972), national origin, or 
disability in any program funded under this Act is prohibited.''.

                     TITLE V--TECHNICAL ASSISTANCE

SEC. 501. TECHNICAL ASSISTANCE.

    Part F of title IX of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7941) is amended--
            (1) in the part heading, by inserting ``AND TECHNICAL 
        ASSISTANCE'' after ``EVALUATIONS''; and
            (2) by adding at the end the following:

``SEC. 9602. TECHNICAL ASSISTANCE.

    ``The Secretary shall ensure that the technical assistance provided 
by, and the research developed and disseminated through, the Institute 
of Education Sciences and other offices or agencies of the Department 
provide educators and parents with the needed information and support 
for identifying and using educational strategies, programs, and 
practices, including strategies, programs, and practices available 
through the clearinghouses supported under the Education Sciences 
Reform Act of 2002 (20 U.S.C. 9501 et seq.) and other federally-
supported clearinghouses, that have been successful in improving 
educational opportunities and achievement for all students.''.
                                 <all>