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),.