[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5717 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5717

To amend the Elementary and Secondary Education Act of 1965 to clarify 
                  Federal requirements under that Act.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 29, 2006

 Mr. Kirk (for himself and Mr. Rothman) 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 clarify 
                  Federal requirements under that Act.

    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 ``Education Assessment Technical 
Corrections Act''.

SEC. 2. HIGHLY QUALIFIED TEACHERS.

    (a) Extension of Deadline to Satisfy Requirements Relating to 
Highly Qualified Teachers.--Section 1119(a) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 6319(a)) is amended--
            (1) in paragraph (2), in the matter preceding subparagraph 
        (A), by striking ``As part'' and inserting ``Except as provided 
        in paragraph (4), as part'';
            (2) in paragraph (3), by striking ``As part'' and inserting 
        ``Except as provided in paragraph (4), as part''; and
            (3) by adding at the end the following new paragraph:
            ``(4) Exception for hard to staff areas.--In the case of a 
        teacher who is teaching in a geographic area that the State 
        educational agency or local educational agency, as appropriate, 
        has determined to be a hard to staff area, such State 
        educational agency or local educational agency shall ensure 
        that such teacher has--
                    ``(A) not later than the end of the 2006-2007 
                school year, satisfied not less than 80 percent of the 
                requirements to be highly qualified; and
                    ``(B) not later than the end of the 2007-2008 
                school year, is highly qualified.''.
    (b) High Objective Uniform State Standard of Evaluation (HOUSSE).--
Section 9101(23)(C)(ii)(IV) of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 7801(23)(C)(ii)(IV)) is amended by inserting ``, 
except as provided in paragraph (4) of section 1119(a),'' after ``is''.

SEC. 3. ADEQUATE YEARLY PROGRESS.

    (a) Measurement Over More Than One Year.--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 ``if the percentage of 
students in that group'' and all that follows through ``; and'' and 
inserting ``if--
                                    ``(I) the percentage of students in 
                                that group who did not meet or exceed 
                                the proficient level of academic 
                                achievement on the State assessments 
                                under paragraph (3) for that year 
                                decreased by 10 percent of that 
                                percentage from the preceding school 
                                year and that group made progress on 
                                one or more of the academic indicators 
                                described in subparagraph (C)(vi) or 
                                (vii); or
                                    ``(II) that group meets or exceeds 
                                the proficient level of academic 
                                achievement on the State assessments 
                                under paragraph (3) in the immediately 
                                preceding year; and''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect and apply beginning with the first academic year that 
begins after the date of the enactment of this Act.
    (c) Limited English Proficient Students and Children With 
Disabilities.--Not later than 180 days after the date of the enactment 
of this Act, the Secretary of Education shall submit to Congress a 
report containing recommendations for increasing the percentage of 
limited English proficient students (as defined in section 9101(25) of 
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(25)) 
and children with disabilities (as defined in section 602(3) of the 
Individuals with Disabilities Education Act (20 U.S.C. 1401(3)) who 
meet or exceed the State's proficient level of academic achievement on 
the State assessments under paragraph (3) of section 1111(b) of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)).
    (d) Individualized Education Program.--Section 1111(b)(2) of the 
Elementary and Secondary Education Act of 1965 is amended by adding at 
the end the following new subparagraph:
                    ``(L) Students with disabilities.--In the case of a 
                student with a disability, a student may be tested at 
                the student's instructional level, rather than grade 
                level, provided that the assessments from year to year 
                test the student's knowledge of an increasing breadth 
                and level of difficulty to the State's content 
                standards. Academic assessment shall be determined in 
                accordance with the student's individualized education 
                program, and, with parental permission, that assessment 
                shall be applied in determining adequate yearly 
                progress for the school and the district concerned. A 
                student's individualized education program may not 
                allow testing at the same instructional level year 
                after year.''.
    (e) Single Count of Students.--Section 1111(b)(2) of the Elementary 
and Secondary Education Act of 1965 is further amended by adding at the 
end the following new subparagraph:
                    ``(M) Single count of students.--In meeting the 
                definition of adequate yearly progress under 
                subparagraph (C), a State may allow students counted in 
                two or more groups described in subparagraph (C)(v)(II) 
                to be counted as an equal fraction of one for each such 
                group.''.
    (f) Nuanced Sanctions.--Section 1111(b)(2) of the Elementary and 
Secondary Education Act of 1965 is further amended by adding at the end 
the following new subparagraph:
                    ``(N) Nuanced sanctions.--When a school is not 
                making adequate yearly progress by reason of a very 
                small group of students (4 or fewer), the sanctions 
                under subparagraph (A)(iii) shall provide, as a first 
                step, not that the school is designated `needs 
                improvement' but that the school redirect a portion of 
                its funds under this Act to address the particular 
                needs of that group.''.
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