[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2070 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 2070

 To amend part A of title I of the Elementary and Secondary Education 
    Act of 1965 regarding adequate yearly progress and assessments.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 26, 2007

Mr. Udall of Colorado introduced the following bill; which was referred 
                to the Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
 To amend part A of title I of the Elementary and Secondary Education 
    Act of 1965 regarding adequate yearly progress and assessments.

    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 ``Comprehensive Learning Assessment 
for Students and Schools (CLASS) Act''.

SEC. 2. AMENDMENTS REGARDING ADEQUATE YEARLY PROGRESS AND ASSESSMENTS.

    (a) Continuous Growth Models.--Clause (iii) of section 
1111(b)(2)(C) of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 6311(b)(2)(C)) is amended by striking ``for all students'' and 
inserting ``for all students, as demonstrated by measures of students' 
progress toward proficiency, including longitudinal growth''.
    (b) Averaging Procedure.--Subparagraph (J) of section 1111(b)(2) of 
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
6311(b)(2)) is amended by adding at the end the following:
                            ``(iv) The State may average data by other 
                        means that are designed to increase the 
                        stability of school-building results from year 
                        to year.''.
    (c) Adequate Yearly Progress by Group and Subject.--Section 1116(b) 
of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
6316(b)) is amended--
            (1) in subparagraph (A) of paragraph (1), by inserting 
        ``with respect to the performance of a particular group of 
        students described in section 1111(b)(2)(C)(v) in the same 
        academic subject,'' after ``that fails, for 2 consecutive 
        years,'';
            (2) in paragraph (5), by inserting ``with respect to the 
        performance of a particular group of students described in 
        section 1111(b)(2)(C)(v) in the same academic subject,'' after 
        ``that fails to make adequate yearly progress,'';
            (3) in subparagraph (C) of paragraph (7), by inserting 
        ``with respect to the performance of a particular group of 
        students described in section 1111(b)(2)(C)(v) in the same 
        academic subject,'' after ``that fails to make adequate yearly 
        progress,''; and
            (4) in subparagraph (A) of paragraph (8), by inserting 
        ``with respect to the performance of a particular group of 
        students described in section 1111(b)(2)(C)(v) in the same 
        academic subject,'' after ``continues to fail to make adequate 
        yearly progress,''.
    (d) Multiple Measures.--Subparagraph (A) of section 1111(b)(2) of 
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
6311(b)(2)) is amended--
            (1) at the end of clause (ii), by striking ``and'';
            (2) at the end of clause (iii), by striking the period and 
        inserting ``; and''; and
            (3) at the end, by adding the following:
                            ``(iv) include multiple measures of student 
                        academic achievement, such as the proportion of 
                        State report card indicators met, a performance 
                        index score, student drop-out rate, and a 
                        measure based on individual student achievement 
                        gains over time, disaggregated by each of the 
                        groups of students described in subparagraph 
                        (C)(v).''.
    (e) Cut Scores.--Clause (ii) of section 1111(b)(1)(D) of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 
6311(b)(1)(D)) is amended--
            (1) in subclause (II), by striking ``and'' at the end;
            (2) in subclause (III), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                                    ``(IV) take into consideration the 
                                continuum of achievement by children 
                                within the advanced, proficient, and 
                                basic levels of achievement described 
                                in subclauses (II) and (III) and the 
                                yearly progress by children within such 
                                continuum.''.
    (f) No First Score Requirement.--Clause (iv) of section 
1111(b)(2)(C) of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 6311(b)(2)(C)) is amended--
            (1) by striking ``(iv) measures'' and inserting ``(iv)(I) 
        measures'';
            (2) by inserting ``and'' after ``in paragraph (3);''; and
            (3) by adding at the end the following:
                            ``(II) if a student takes an assessment 
                        described in paragraph (3) for a particular 
                        subject or grade level more than once, may use, 
                        at the State's discretion, the student's 
                        results from subsequent administrations of the 
                        assessment;''.
    (g) Limiting Transfer Options and Supplemental Services to Students 
From Failing Groups.--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 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
            (3) 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)''.
    (h) Assessments.--Clause (ii) of section 1111(b)(3)(C) of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 
6311(b)(3)(C)) is amended to read as follows:
                            ``(ii) be fully aligned with the State's 
                        challenging academic content and student 
                        academic achievement standards, be aligned with 
                        curriculum and instruction to adequately assess 
                        the effect of curriculum and instruction on 
                        each such challenging academic content 
                        standard, include individual test items (based 
                        on technical criteria) that enable students to 
                        achieve the items if the students received 
                        appropriate instruction, and provide coherent 
                        information about student attainment of the 
                        State's challenging academic content and 
                        student academic achievement standards;''.
    (i) Assessing Students With Disabilities.--
            (1) In general.--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.''.
            (2) Rule of construction.--The amendment made by paragraph 
        (1) shall be construed as superseding the 2.0 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).
    (j) Students With Limited English Proficiency.--Paragraph (2) of 
section 1111(b) of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 6311(b)) is amended by adding at the end the following:
                    ``(L) Students with limited english proficiency.--
                Notwithstanding subparagraph (C)(v), a State may define 
                adequate yearly progress under subparagraph (C) in a 
                manner that measures the progress of students with 
                limited English proficiency--
                            ``(i) by continuing to include in a group 
                        of students described in subparagraph (C)(v) 
                        students who attain proficiency in English; and
                            ``(ii) by excluding the performance of 
                        students with limited English proficiency who 
                        have resided in the United States for less than 
                        3 years and for whom native language 
                        assessments in math and reading or language 
                        arts are not available, so as to avoid any 
                        distortion in measurement resulting from the 
                        new arrivals of such students.''.
    (k) Separate Starting Points.--Subparagraph (E) of section 
1111(b)(2) (20 U.S.C. 6311(b)(2)) is amended by striking ``, using data 
for the 2001-2002 school year,'' and inserting ``, for each group of 
students described in subparagraph (C)(v),''.
                                 <all>