[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4470 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4470

 To amend the Elementary and Secondary Education Act of 1965 to extend 
the deadline by which State educational agencies and local educational 
agencies are required to ensure that an educator is highly qualified in 
   order to account for the educator's applicable period of military 
                                service.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 7, 2005

   Ms. Woolsey (for herself and Mr. Kuhl of New York) introduced the 
 following bill; which was referred to the Committee on Education and 
                             the Workforce

_______________________________________________________________________

                                 A BILL


 
 To amend the Elementary and Secondary Education Act of 1965 to extend 
the deadline by which State educational agencies and local educational 
agencies are required to ensure that an educator is highly qualified in 
   order to account for the educator's applicable period of military 
                                service.

    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 ``Educators in Military Service Act of 
2005''.

SEC. 2. TEACHERS WHO SERVED IN THE ARMED FORCES.

    (a) Teachers Generally.--Subsection (a) of section 1119 of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6319) is 
amended--
            (1) in paragraph (2)--
                    (A) in the matter before subparagraph (A), by 
                inserting ``subject to paragraph (4),'' after ``plan 
                described in section 1111,'';
                    (B) in subparagraph (A), by inserting ``subject to 
                paragraph (4),'' before ``shall include'';
            (2) in paragraph (3), by striking ``As part of the plan'' 
        and inserting ``Subject to paragraph (4), as part of the 
        plan''; and
            (3) by adding at the end the following:
            ``(4) Teachers serving in the military.--
                    ``(A) Extension.--The date by which a State 
                educational agency is required under paragraph (2) to 
                ensure that all teachers teaching in core academic 
                subjects within the State are highly qualified (the end 
                of the 2005-2006 school year), and the date by which a 
                local educational agency is required under paragraph 
                (3) to ensure that all teachers teaching within the 
                school district served by the agency are highly 
                qualified (the end of the 2005-2006 school year), shall 
                be extended to the date determined under subparagraph 
                (C) with respect to eligible teachers described in 
                subparagraph (B).
                    ``(B) Eligible teacher.--For purposes of this 
                paragraph, the term `eligible teacher' means an 
                individual who--
                            ``(i) is or has been a public elementary 
                        school or secondary school teacher and is not 
                        described in subsection (a)(1); and
                            ``(ii) is on active duty as a member of the 
                        Armed Forces, or is on full-time duty as a 
                        member of the National Guard of a State under 
                        an order to State active duty under title 32, 
                        United States Code, or under State law, on or 
                        after January 8, 2002.
                    ``(C) Determination of date.--The date determined 
                under this subparagraph is the later of the following:
                            ``(i) The first day of the first school 
                        year beginning on or after the date determined 
                        by extending the deadline described in 
                        subparagraph (A) for a period equal to the 
                        number of days in the teacher's applicable 
                        period of military service.
                            ``(ii) If the teacher was enrolled in 
                        coursework or professional development that 
                        would have contributed toward the teacher 
                        becoming highly qualified and the teacher's 
                        applicable period of military service 
                        interrupted such coursework or professional 
                        development, the last day of the next session 
                        of equivalent coursework or professional 
                        development that begins on or after the date 
                        determined by extending the deadline described 
                        in subparagraph (A) for a period equal to the 
                        number of days in the teacher's applicable 
                        period of military service.
                    ``(D) Applicable period of military service.--For 
                purposes of this paragraph, the term `applicable period 
                of military service' means, with respect to an eligible 
                teacher, the period (or sum of periods) that interrupts 
                the teacher's employment as a public elementary school 
                or secondary school teacher and during which the 
                teacher is on active duty as a member of the Armed 
                Forces or is on full-time duty as a member of the 
                National Guard of a State under an order to State 
                active duty under title 32, United States Code, or 
                under State law--
                            ``(i) beginning on the later of--
                                    ``(I) January 8, 2002; or
                                    ``(II) the date on which the 
                                teacher begins such period of active 
                                duty or full-time duty; and
                            ``(ii) ending on the earlier of--
                                    ``(I) the end of the 2005-2006 
                                school year; or
                                    ``(II) the date on which the 
                                teacher ceases any such active duty or 
                                full-time duty.''.
    (b) New Special Education Teachers.--Clause (iii) of section 
602(10)(D) of the Individuals with Disabilities Education Act (20 
U.S.C. 1401(10)(D)) is amended to read as follows:
                            ``(iii) in the case of a new special 
                        education teacher who teaches multiple subjects 
                        and who is highly qualified in mathematics, 
                        language arts, or science, demonstrate 
                        competence in the other core academic subjects 
                        in which the teacher teaches in the same manner 
                        as is required for an elementary, middle, or 
                        secondary school teacher under section 
                        9101(23)(C)(ii) of such Act, which may include 
                        a single, high objective uniform State standard 
                        of evaluation covering multiple subjects--
                                    ``(I) not later than 2 years after 
                                the date of employment; or
                                    ``(II) in the case of such a new 
                                special education teacher who begins a 
                                period during which the teacher is on 
                                active duty as a member of the Armed 
                                Forces or is on full-time duty as a 
                                member of the National Guard of a State 
                                under an order to State active duty 
                                under title 32, United States Code, or 
                                under State law, within 2 years of such 
                                date of employment as a special 
                                education teacher, not later than the 
                                end of the period that is 2 years plus 
                                the number of days of such active duty 
                                or full-time duty after such date of 
                                employment.''.

SEC. 3. PARAPROFESSIONALS WHO SERVED IN THE ARMED FORCES.

    Subsection (d) of section 1119 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6319) is amended--
            (1) by striking ``Each local'' and inserting the following:
            ``(1) In general.--Subject to paragraph (2), each local''; 
        and
            (2) by adding at the end the following:
            ``(2) Paraprofessionals serving in the military.--
                    ``(A) Extension.--The date by which a local 
                educational agency is required under paragraph (1) to 
                ensure that all paraprofessionals described in such 
                paragraph satisfy the requirements of subsection (c) 
                shall be extended to the date determined under 
                subparagraph (C) with respect to eligible 
                paraprofessionals described in subparagraph (B).
                    ``(B) Eligible paraprofessional.--For purposes of 
                this paragraph, the term `eligible paraprofessional' 
                means an individual who--
                            ``(i) is a paraprofessional described in 
                        paragraph (1); and
                            ``(ii) is on active duty as a member of the 
                        Armed Forces, or is on full-time duty as a 
                        member of the National Guard of a State under 
                        an order to State active duty under title 32, 
                        United States Code, or under State law, on or 
                        after January 8, 2002.
                    ``(C) Determination of date.--The date determined 
                under this subparagraph is the later of the following:
                            ``(i) The first day of the first school 
                        year beginning on or after the date determined 
                        by extending the deadline described in 
                        subparagraph (A) for a period equal to the 
                        number of days in the paraprofessional's 
                        applicable period of military service.
                            ``(ii) If the paraprofessional was enrolled 
                        in coursework or professional development that 
                        would have contributed toward the 
                        paraprofessional becoming highly qualified and 
                        the paraprofessional's applicable period of 
                        military service interrupted such coursework or 
                        professional development, the last day of the 
                        next session of equivalent coursework or 
                        professional development that begins on or 
                        after the date determined by extending the 
                        deadline described in subparagraph (A) for a 
                        period equal to the number of days in the 
                        paraprofessional's applicable period of 
                        military service.
                    ``(D) Applicable period of military service.--For 
                purposes of this paragraph, the term `applicable period 
                of military service' means, with respect to an eligible 
                paraprofessional, the period (or sum of periods) that 
                interrupts the paraprofessional's employment in a 
                public elementary school or secondary school and during 
                which the paraprofessional is on active duty as a 
                member of the Armed Forces or is on full-time duty as a 
                member of the National Guard of a State under an order 
                to State active duty under title 32, United States 
                Code, or under State law--
                            ``(i) beginning on the later of--
                                    ``(I) January 8, 2002; or
                                    ``(II) the date on which the 
                                paraprofessional begins such period of 
                                active duty or full-time duty; and
                            ``(ii) ending on the earlier of--
                                    ``(I) the end of the 2005-2006 
                                school year; or
                                    ``(II) the date on which the 
                                paraprofessional ceases any such active 
                                duty or full-time duty.''.
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