[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2569 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 2569

To amend the accountability provisions of the Elementary and Secondary 
             Education Act of 1965, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 24, 2005

 Mr. Andrews introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
To amend the accountability provisions of the Elementary and Secondary 
             Education Act of 1965, 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. SHORT TITLE.

    This Act may be cited as the ``No Child Left Behind Improvement Act 
of 2005''.

SEC. 2. AMENDMENTS TO ESEA.

    (a) Highly Qualified Teachers.--
            (1) Middle school teachers.--Paragraph (23) of section 9101 
        of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 7801) is amended--
                    (A) in subclause (II) of subparagraph (B)(ii), by 
                inserting ``in the case of a secondary school 
                teacher,'' before ``successful completion'';
                    (B) at the end of subparagraph (B), by adding the 
                following:
                                    ``(III) in the case of a middle 
                                school teacher, successful completion, 
                                in at least one of the academic 
                                subjects in which the teacher teaches, 
                                of an academic major, a graduate 
                                degree, coursework equivalent to an 
                                undergraduate academic major, or 
                                advanced certification or credentialing 
                                and, in every other academic subject in 
                                which the teacher teaches, of at least 
                                an academic minor;''.
                    (C) in subparagraph (C), by striking the period at 
                the end and inserting a semicolon; and
                    (D) by adding at the end the following:
                    ``(D) when used with respect to a middle school 
                teacher who was not new to the profession as of the 
                date of the enactment of the No Child Left Behind Act 
                of 2001, means that the teacher holds at least a 
                bachelor's degree and--
                            ``(i) has met the applicable standard in 
                        subparagraph (B)(ii) or (C)(ii); or
                            ``(ii) satisfies such criteria as the 
                        Secretary may establish for demonstrating an 
                        extensive history of teaching experience and a 
                        positive teaching record (including positive 
                        peer reviews and any postgraduate credits or 
                        training); and''.
            (2) Special education and corrections education teachers.--
        Paragraph (23) of section 9101 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7801), as amended by paragraph 
        (1), is amended--
                    (A) in clause (ii) of subparagraph (B), by 
                inserting ``subject to subparagraph (E),'' before ``a 
                middle or secondary school teacher''; and
                    (B) by adding at the end the following:
                    ``(E) in lieu of demonstrating for purposes of 
                subparagraph (B)(ii) a high level of competency in each 
                of the academic subjects in which a middle or secondary 
                school teacher teaches--
                            ``(i) a middle or secondary school teacher 
                        primarily serving children with disabilities or 
                        a middle or secondary school teacher primarily 
                        serving children or youth described in section 
                        1411 may, for the first 3 school years after 
                        the date of the enactment of the No Child Left 
                        Behind Improvement Act of 2005 or the first 3 
                        school years of such teacher's teaching career, 
                        demonstrate such a high level of competency by 
                        satisfying the requirements of subclause (I), 
                        (II), or (III) of subparagraph (B)(ii) only 
                        with respect to special education or 
                        corrections education, respectively; and
                            ``(ii) notwithstanding the limitation of 3 
                        school years in clause (i), a middle or 
                        secondary school teacher who teaches 3 or more 
                        subjects and exclusively serves children with 
                        disabilities or a middle or secondary school 
                        teacher who teaches 3 or more subjects and 
                        exclusively serves children or youth described 
                        in section 1411 may, for as long as the teacher 
                        continues to serve in such capacity, 
                        demonstrate such a high level of competency by 
                        satisfying the requirements of subclause (I), 
                        (II), or (III) of subparagraph (B)(ii) only 
                        with respect to special education or 
                        corrections education, respectively.''.
    (b) Adequate Yearly Progress.--
            (1) Student with disabilities.--
                    (A) Modification of standards, assessments.--
                Subsection (b) of section 1111 of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 6311) is 
                amended by adding at the end the following:
            ``(11) Children with disabilities.--
                    ``(A) Modification of standards, assessments.--With 
                respect to a child with a disability, a State plan 
                shall provide for alternate challenging academic 
                content standards and challenging student academic 
                achievement standards under paragraph (1)(A), alternate 
                high standards of academic achievement described in 
                paragraph (2)(C)(i), and alternate yearly student 
                academic assessments described in paragraph (3), to 
                align such standards and assessments with the child's 
                individualized education program.
                    ``(B) Determination of applicable assessment.--In 
                carrying out this paragraph, consistent with the 
                Individuals with Disabilities Education Act, the 
                State--
                            ``(i) shall allow the individualized 
                        education program team of each child with a 
                        disability in the State to determine whether an 
                        alternate academic assessment should be 
                        administered to the child in lieu of the 
                        academic assessment otherwise required by 
                        paragraph (3);
                            ``(ii) shall require the individualized 
                        education program team of the child to select 
                        any such alternate academic assessment from 
                        among the alternate assessments included in the 
                        State's plan pursuant to subparagraph (C); and
                            ``(iii) shall require that any alternate 
                        academic assessment administered to a child 
                        under this paragraph be more advanced than any 
                        such assessment administered to the child in a 
                        previous school year under this paragraph.
                    ``(C) Alternative assessments.--Each State plan 
                shall include alternate academic assessments that may 
                be administered to children with disabilities for 
                purposes of complying with this paragraph.
                    ``(D) Definition.--In this paragraph, the term 
                `individualized education program' has the meaning 
                given to that term in section 602 of the Individuals 
                with Disabilities Education Act.''.
                    (B) Rule of construction.--The amendment made by 
                this paragraph shall be construed as superseding the 
                1.0 percent cap at section 200.13(c)(1) of title 34, 
                Code of Federal Regulations (imposing a cap on the 
                number of children with disabilities whose proficient 
                and advanced scores, although based on alternate 
                achievement standards, may be included in calculating 
                adequate yearly progress).
            (2) Students with limited english proficiency.--Section 
        1111(b) of the Elementary and Secondary Education Act of 1965 
        (20 U.S.C. 6311(b)) is amended--
                    (A) in paragraph (2)(C)--
                            (i) in clause (vi), by striking ``and'' at 
                        the end;
                            (ii) in clause (vii), by striking the 
                        period at the end and inserting a semicolon; 
                        and
                            (iii) by adding at the end the following:
                            ``(viii) notwithstanding the participation 
                        of students with limited English proficiency in 
                        the yearly student academic assessments in 
                        mathematics, reading or language arts, and 
                        science described in paragraph (3), measures 
                        the achievement of the group of such students 
                        based exclusively on the progress of such 
                        students in acquiring English proficiency, as 
                        determined by measuring the progress of such 
                        students on a longitudinal basis, taking into 
                        consideration the performance of such students 
                        on the academic assessments of English language 
                        proficiency required under paragraph (7); 
                        and''; and
                    (B) by amending paragraph (6) to read as follows:
            ``(6) Students with limited english proficiency.--In 
        addition to administering to students with limited English 
        proficiency the yearly student academic assessments in 
        mathematics, reading or language arts, and science described in 
        paragraph (3), each State plan shall demonstrate that the State 
        educational agency, in consultation with local educational 
        agencies, has implemented high-quality, yearly assessments, 
        including at a minimum the academic assessments of English 
        language proficiency required under paragraph (7), for 
        measuring on a longitudinal basis the progress of each 
        individual student with limited English proficiency served by 
        the State educational agency.''.
            (3) Longitudinal measurement of ayp.--Subsection (b) of 
        section 1111 of the Elementary and Secondary Education Act of 
        1965 (20 U.S.C. 6311) is amended--
                    (A) at the end of paragraph (2)(C), as amended by 
                paragraph (2), by adding the following:
                            ``(ix) at the State's discretion, measures 
                        the progress of public elementary schools, 
                        secondary schools, and local educational 
                        agencies by tracking the progress of individual 
                        students or cohorts of students on a 
                        longitudinal basis in lieu of, or in addition 
                        to, comparing the proficiency of a class of 
                        students with the proficiency of earlier 
                        classes of students.''; and
                    (B) at the end of subsection (b), as amended by 
                paragraph (1), by adding the following:
            ``(12) Longitudinal progress of transferring students.--
                    ``(A) In general.--If a State chooses to measure 
                adequate yearly progress on a longitudinal basis 
                pursuant to paragraph (2)(C)(ix), the State may exclude 
                from such measurement of progress at a school any 
                student who transferred to that school at the beginning 
                of or during the school year involved.
                    ``(B) Students who frequently transfer.--The 
                Secretary by regulation--
                            ``(i) shall ensure that a State choosing to 
                        measure adequate yearly progress on a 
                        longitudinal basis has in effect a system for 
                        measuring the progress of students who 
                        frequently transfer among schools; and
                            ``(ii) in the case of a student who attends 
                        3 or more schools in any 5-year period, shall 
                        provide for the sharing of school records.''.
            (4) Percentage of students required to take assessments.--
        Clause (ii) of section 1111(b)(2)(I) of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(I)) is 
        amended by inserting ``, and except that a school may satisfy 
        the 95 percent requirement described in this clause based on a 
        3-year average of the applicable percentage'' after 
        ``personally identifiable information about an individual 
        student''.
            (5) Conforming amendments.--Subsection (b) of section 1111 
        of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 6311) is amended--
                    (A) in subparagraph (B) of paragraph (1), by 
                striking ``The academic standards'' and inserting 
                ``Subject to paragraphs (2)(C)(viii), (6), and (11), 
                the academic standards''; and
                    (B) in clause (i) of paragraph (3)(C), by inserting 
                ``subject to paragraphs (6) and (11),'' before ``be the 
                same academic assessments''.
    (c) Effective Date.--The amendments made by this Act shall apply 
only with respect to the first school year beginning after the date of 
the enactment of this Act and subsequent school years.
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