[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1722 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 1722

To direct the Secretary of Education to revise regulations to increase 
    the percentage of proficient and advanced level scores based on 
alternate assessments and alternate achievement standards for purposes 
 of calculating adequate yearly progress, to amend the Elementary and 
Secondary Education Act of 1965 to decrease the percentage of students 
  who meet or exceed the proficient level of academic achievement on 
 State assessments required to calculate adequate yearly progress, to 
direct the Secretary of Education to expand to two years the exclusion 
  for second year limited English proficiency students from adequate 
         yearly progress calculations, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 20, 2005

 Mr. Bradley of New Hampshire introduced the following bill; which was 
        referred to the Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
To direct the Secretary of Education to revise regulations to increase 
    the percentage of proficient and advanced level scores based on 
alternate assessments and alternate achievement standards for purposes 
 of calculating adequate yearly progress, to amend the Elementary and 
Secondary Education Act of 1965 to decrease the percentage of students 
  who meet or exceed the proficient level of academic achievement on 
 State assessments required to calculate adequate yearly progress, to 
direct the Secretary of Education to expand to two years the exclusion 
  for second year limited English proficiency students from adequate 
         yearly progress calculations, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. INCREASE IN PERCENTAGE OF PROFICIENT AND ADVANCED LEVEL 
              SCORES BASED ON ALTERNATE ASSESSMENTS AND ALTERNATE 
              ACHIEVEMENT STANDARDS FOR STUDENTS WITH THE MOST 
              SIGNIFICANT COGNITIVE DISABILITIES THAT MAY BE COUNTED 
              FOR PURPOSES OF CALCULATING ADEQUATE YEARLY PROGRESS FOR 
              SCHOOLS, LOCAL EDUCATIONAL AGENCIES, AND STATES.

    Not later than 30 days after the date of the enactment of this Act, 
the Secretary of Education shall revise section 200.13(c) of title 34, 
Code of Federal Regulations, to raise to three percent from one percent 
the number of proficient and advanced level scores based on alternate 
assessments and alternate achievement standards for students with the 
most significant cognitive disabilities that may be counted for 
purposes of calculating adequate yearly progress (as such term is 
defined in section 1111(b)(2)(C) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6311(b)(2)(C))) for schools, local 
educational agencies, and States.

SEC. 2. DECREASE IN PERCENTAGE OF STUDENTS WHO MEET OR EXCEED THE 
              PROFICIENT LEVEL OF ACADEMIC ACHIEVEMENT ON STATE 
              ASSESSMENTS REQUIRED TO CALCULATE ADEQUATE YEARLY 
              PROGRESS FOR SCHOOLS.

    Section 1111(b)(2)(I)(i) of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 6311(b)(2)(I)(i)) is amended by striking 
``decreased by 10 percent'' and inserting ``decreased by 7 percent''.

SEC. 3. EXCLUSION FOR SECOND YEAR OF LIMITED ENGLISH PROFICIENCY 
              STUDENTS FROM ADEQUATE YEARLY PROGRESS CALCULATIONS.

    Not later than 30 days after the date of the enactment of this Act, 
the Secretary of Education shall issue policy guidance directing that 
the assessment results of first-year and second-year limited English 
proficiency students who are recently resettled refugees (as determined 
by the Secretary in consultation with the Secretary of Homeland 
Security) and who take the reading/language arts assessment are not 
required to be included in adequate yearly progress determinations, 
even if such students have been enrolled in the school or district for 
one or two full academic years as defined by the State.

SEC. 4. EFFECTIVE DATE.

    The regulations promulgated pursuant to section 1, the amendment 
made by section 2, and the policy guidance issued pursuant to section 3 
shall apply beginning with the first academic year that begins after 
the date of the enactment of this Act.
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