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.

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.