1.
This Act may be cited as the
No Child Left Behind Reform
Act
.
2.
(a)
Definition of adequate yearly progress
Section 1111(b)(2) of the
Elementary and Secondary Education Act of
1965 (20 U.S.C. 6311(b)(2)) is amended—
(1)
in subparagraph
(C)(vii)—
(A)
by striking such
as
;
(B)
by inserting such as
measures of individual or cohort growth over time based on the academic
assessments implemented in accordance with paragraph (3),
after
described in clause (v),
; and
(C)
by striking attendance
rates,
; and
(2)
in subparagraph (D)—
(A)
by striking clause
(ii);
(B)
by striking the
State
and all that follows through ensure
and inserting
the State shall ensure
; and
(C)
by striking ;
and
and inserting a period.
(b)
Academic assessment and local educational agency and school
improvement
Section 1116(a)(1)(B) of the
Elementary and Secondary Education Act of
1965 (20 U.S.C. 6316(a)(1)(B)) is amended by striking ,
except that
and all that follows through action or
restructuring
.
3.
Grants for increasing data capacity for purposes of
ayp
Subpart 1 of part A of title I
of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6311 et seq.) is amended by adding at the end the
following:
1120C.
Grants for increasing data capacity for purposes of
ayp
(a)
The Secretary may award
grants, on a competitive basis, to State educational agencies to enable the
State educational agencies—
(1)
to develop or increase the
capacity of data systems for accountability purposes; and
(2)
to award subgrants to
increase the capacity of local educational agencies to upgrade, create, or
manage information databases for the purpose of measuring adequate yearly
progress.
(b)
In awarding grants under
this section the Secretary shall give priority to State educational agencies
that have created, or are in the process of creating, a growth model or
proficiency index as part of their adequate yearly progress
determination.
(c)
Each State that receives a
grant under this section shall use—
(1)
not more than 20 percent of
the grant funds for the purpose of increasing the capacity of, or creating,
State databases to collect information related to adequate yearly progress;
and
(2)
not less than 80 percent of
the grant funds to award subgrants to local educational agencies within the
State to enable the local educational agencies to carry out the authorized
activities described in subsection (d).
(d)
Each local educational
agency that receives a subgrant under this section shall use the subgrant funds
to increase the capacity of the local educational agency to upgrade databases
or create unique student identifiers for the purpose of measuring adequate
yearly progress, by—
(1)
purchasing database
software or hardware;
(2)
hiring additional staff for
the purpose of managing such data;
(3)
providing professional
development or additional training for such staff; and
(4)
providing professional
development or training for principals and teachers on how to effectively use
such data to implement instructional strategies to improve student
achievement.
(e)
Each State educational
agency desiring a grant under this section shall submit an application to the
Secretary at such time, in such manner, and containing such information as the
Secretary may require.
(f)
Each local educational
agency desiring a subgrant under this section shall submit an application to
the State educational agency at such time, in such manner, and containing such
information as the State educational agency may require. Each such application
shall include, at a minimum, a demonstration of the local educational agency’s
ability to put such a database in place.
(g)
Authorization of appropriations
There are authorized to be
appropriated to carry out this part $80,000,000 for each of fiscal years 2006,
2007, and 2008.
4.
Targeting transfer options and supplemental services
(a)
Targeting transfer options and supplemental services
Section 1116 of the
Elementary and Secondary Education Act of
1965 (20 U.S.C. 6316) is amended—
(1)
in paragraphs (1)(E)(i),
(5)(A), (7)(C)(i), and (8)(A)(i) of subsection (b), by striking the term
all students enrolled in the school each place such term appears
and inserting all students enrolled in the school, who are members of a
group described in section 1111(b)(2)(C)(v) that fails to make adequate yearly
progress as defined in the State’s plan under section
1111(b)(2),
;
(2)
in subsection (b)(1), by
adding at the end the following:
(G)
Maintenance of least restrictive environment
A student who is eligible
to receive services under the Individuals with Disabilities Education Act and
who uses the option to transfer under subparagraph (E), paragraph (5)(A),
(7)(C)(i), or (8)(A)(i), or subsection (c)(10)(C)(vii), shall be placed and
served in the least restrictive environment appropriate, in accordance with the
Individuals with Disabilities Education Act.
;
(3)
in clause (vii) of subsection
(c)(10)(C), by inserting , who are members of a group described in
section 1111(b)(2)(C)(v) that fails to make adequate yearly progress as defined
in the State’s plan under section 1111(b)(2),
after Authorizing
students
; and
(4)
in subparagraph (A) of
subsection (e)(12), by inserting , who is a member of a group described
in section 1111(b)(2)(C)(v) that fails to make adequate yearly progress as
defined in the State’s plan under section 1111(b)(2)
after under
section 1113(c)(1)
.
(b)
Student already transferred
A student who transfers to
another public school pursuant to section 1116(b) of the
Elementary and Secondary Education Act of
1965 (20 U.S.C. 6316(b)) before the effective date of this section
and the amendments made by this section, may continue enrollment in such public
school after the effective date of this section and the amendments made by this
section.
(c)
This section and the
amendments made by this section shall be effective for each fiscal year for
which the amount appropriated to carry out title I of the
Elementary and Secondary Education Act of
1965 for the fiscal year, is less than the amount authorized to be
appropriated to carry out such title for the fiscal year.
5.
Definition of highly qualified teachers
Section 9101(23)(B)(ii) of the
Elementary and Secondary Act of 1965 (20 U.S.C. 7801(23)(B)(ii)) is
amended—
(1)
in subclause (I), by striking
or
after the semicolon;
(2)
in subclause (II), by
striking and
after the semicolon; and
(3)
by adding at the end the
following:
(III)
in the case of a middle
school teacher, passing a State approved middle school generalist exam when the
teacher receives the teacher’s license to teach middle school in the
State;
(IV)
obtaining a State social
studies certificate that qualifies the teacher to teach history, geography,
economics, and civics in middle or secondary schools, respectively, in the
State; or
(V)
obtaining a State science
certificate that qualifies the teacher to teach earth science, biology,
chemistry, and physics in middle or secondary schools, respectively, in the
State; and
.