110 HR 2946 IH: State and Local Education Flexibility
U.S. House of Representatives
2007-06-28
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.This Act may be cited as the
State and Local Education Flexibility
Act of 2007
.
2.
(a)Limited English
proficient studentsSection 1111(b) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311(b)) is amended—
(1)in
paragraph (2)(C)—
(A)in clause (vi), by
striking and
at the end;
(B)in clause (vii),
by striking the period at the end and inserting ; and
;
and
(C)by adding at the
end the following:
(viii)at the State’s
discretion on a case-by-case basis, may not include the performance of any
limited English proficient student if—
(I)the student has not
been enrolled for 3 full school years in an elementary school or secondary
school in the State; and
(II)the parents of the student, and the school
administrator or team of educators designated by the student’s school for
making limited English proficiency placement and assessment decisions, agree
that such an exclusion is educationally appropriate for the
student.
;
(2)in clause (ii) of
paragraph (2)(I), by inserting is subject to paragraph
(3)(C)(xvi),
after except that the 95 percent requirement
described in this clause
;
(3)in paragraph
(3)(C)—
(A)in clause (xiv),
by striking and
at the end;
(B)in clause (xv), by
striking the period at the end and inserting ; and
; and
(C)by adding at the
end the following:
(xvi)notwithstanding
clause (ix)(III), at the State’s discretion on a case-by-case basis, not
include any limited English proficient student if—
(I)the student is
enrolled in his or her first full school year in an elementary school or
secondary school in the State; and
(II)the parents of the student, and the school
administrator or team of educators designated by the student’s school for
making limited English proficiency placement and assessment decisions, agree
that such an exclusion is educationally appropriate for the
student.
;
and
(4)in paragraph (7),
by adding at the end the following: Notwithstanding the preceding
sentence, a State plan may provide for the exclusion from such annual
assessment of English proficiency of any limited English proficient student if
(A) the student is enrolled in his or her first full school year in an
elementary or secondary school in the State; and (B) the parents of the
student, and the school administrator or team of educators designated by the
student’s school for making limited English proficiency placement and
assessment decisions, agree that such an exclusion is educationally appropriate
for the student.
(b)Consideration of
graduation rates in AYPClause (vi) 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 inserting , except that, at the discretion of the State, such
graduation rates may include (I) any student who has exceptional circumstances
and graduates from secondary school with a regular diploma in not more than 5
years, (II) any qualified child with a disability (as that term is defined in
paragraph (3)(C)(11)) who graduates from secondary school with a regular
diploma before attaining an age established by State law, and (III) any
qualified child with a disability (as that term is defined in paragraph
(3)(C)(11)) who satisfies such alternative challenging academic content and
achievement standards as the State may establish for the child to complete
secondary school in a reasonable period of time
after in the
standard number of years
.
(c)Children with
disabilitiesSubsection (b) of section 1111 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311) is amended—
(1)in subparagraph
(B) of paragraph (1), by striking The academic standards
and
inserting Subject to paragraph (11), the academic
standards
;
(2)in clause (i) of
paragraph (2)(C), by striking applies the same high standards
and inserting subject to paragraph (11), applies the same high
standards
;
(3)in clause (i) of
paragraph (3)(C), by striking be the same academic assessments
and inserting subject to paragraph (11), be the same academic
assessments
; and
(4)by adding at the
end the following:
(11)Children with
disabilities
(A)Subject to the requirements of subparagraphs (B) and (C),
with respect to a qualified child with a disability, a State plan may provide
for modification of the challenging academic content standards and challenging
student academic achievement standards required by paragraph (1)(A), the high
standards of academic achievement described in paragraph (2)(C)(i), and the
yearly student academic assessments described in paragraph (3), to align such
standards and assessments with the child’s individualized education
program.
(B)A State plan may not
provide for modification pursuant to subparagraph (A) of any standard or
assessment unless the parents of the child involved agree that such
modification is educationally appropriate for the child.
(C)Progressively
higher level of instructionIn the case of a qualified child with a
disability who has a significant cognitive impairment, but not a severe
cognitive impairment, any modification pursuant to subparagraph (A) of any
standard or assessment applicable to the child shall continue to require a
progressively higher level of instruction each year to achieve graduation with
a regular diploma or an alternative State-established diploma leading toward
graduation with a regular diploma or an alternative State-established
diploma.
(D)This paragraph shall not be construed to give rise
to any new right under the Individuals with Disabilities Education Act, to
expand the definition of a child with a disability under that Act, or to
otherwise affect any provision of that Act.
(E)In
this paragraph:
(i)The term
individualized education program has the meaning given to such
term in section 602 of the Individuals with Disabilities Education Act.
(ii)The term
qualified child with a disability means a child who receives
services under the Individuals with Disabilities Education Act and has been
certified by a licensed health care professional or a multidisciplinary team
(established in accordance with State guidelines and including a licensed
health care professional) as a child with severe or significant cognitive
impairment that prevents learning consistent with the child’s age
group.
.
(d)Local
development of assessmentsParagraph (3) of section 1111(b) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3)) is
amended by adding at the end the following:
(E)Local
development of assessments
(i)Notwithstanding subparagraphs (A) and (C)(i), a State
educational agency may authorize a local educational agency, or school, in the
State to develop and implement the student academic assessments required by
this paragraph with respect to the students served by the local educational
agency or school, respectively.
(ii)Subject to paragraph (11), any assessment developed
and implemented by a local educational agency or school pursuant to this
subparagraph shall be the same academic assessment used to measure the
achievement of all children served by the local educational agency or school,
respectively.
(iii)If a State educational agency chooses to authorize
a local educational agency, or school, in the State to develop and implement
assessments pursuant to this subparagraph, the State educational agency shall
be responsible for demonstrating in the State plan that each such assessment
complies with the requirements of this
paragraph.
.
(e)
(1)Paragraph (3) of section 1111(b) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3)) (as amended by
subsection (d)) is amended by adding at the end the following:
(F)Notwithstanding subparagraph (A), this paragraph
shall not be construed to prohibit the development and implementation of the
student academic assessments required by this section through the use of
multiple assessments of high technical quality integrated into a school’s
curriculum and distributed throughout the course of the school
year.
.
(2)Participation
requirementClause (ii) of section 1111(b)(2)(I) (20 U.S.C.
6311(b)(2)(I)) (as amended by subsection (a)(2)) is amended by inserting
, and shall be a 75 percent annual average requirement in a case in
which the school implements academic assessments for purposes of paragraph (3)
through the use of multiple assessments integrated into a school’s curriculum
and distributed throughout the course of the school year
before the
close parenthesis at the end.
(f)Highly qualified
special education and rural teachersSection 9101(23)(B)(ii) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(23)(B)(ii))
is amended as follows:
(1)By striking or
at the end of
subclause (I), redesignating subclause (II) as (III) and inserting the
following new subclause after subclause (I):
(II)at the discretion of the State, in the case
of a special education teacher or a teacher in a rural school, by passing such
a rigorous State academic subject test in any 1 subject in which the teacher
teaches if, with respect to each other academic subject in which the teacher
teaches, the teacher works in close consultation, either in-person or through
high-quality distance education or consultation, with another teacher who is
highly qualified in such other academic subject;
or
.
(2)By inserting
before the closing parentheses in clause (i) or, at the option of the
State, a rigorous academic subject matter teaching curriculum and institutional
skill assessments (as determined by the State’s education commissioner)
developed by a public or private university
.
(g)Social studies
treated as core academic subjectParagraph (11) of section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801) is amended by
striking “and geography” and inserting “geography, and social studies”.
(h)Competence in
science and social studies treated as competence in
subdisciplinesParagraph (23)
of section 9101 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801) is amended by striking “and” at the end of subparagraph (B), by
striking the period at the end of subparagraph (C) and inserting “; and”, and
by adding at the end the following new subparagraph:
(D)shall be determined under this paragraph by
treating demonstrated competence in general science or social studies as
competence in the subdisciplines of general science and social studies,
respectively
.
3.Study on the
adequacy of ESEA funding
(a)The Comptroller General of the United
States (in this section referred to as the Comptroller General
)
shall conduct a study to determine for each of school years 2001–2002,
2002–2003, 2003–2004, 2004–2005, and 2005–2006 the following:
(1)The amount of
costs incurred by local educational agencies and schools as a result of efforts
to comply with the provisions of part A of title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.).
(2)The amount of
funds received by local educational agencies and schools under such part
A.
(b)Regular
educational expensesIn making a determination of costs under
subsection (a)(1), the Comptroller General shall exclude educational costs that
would be incurred by local educational agencies and schools irrespective of
efforts to comply with the provisions of part A of title I of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.).
(c)The
Comptroller General shall make sample determinations under paragraphs (1) and
(2) of subsection (a) for—
(1)at least 1 local
educational agency and 1 school in a rural area in each State; and
(2)at least 1 local
educational agency and 1 school in an urban area in each State.
(d)Not
later than 1 year after the date of the enactment of this Act, the Comptroller
General shall submit a report to the Congress on the results of the study
conducted under this section.
(e)Subsequent study
and reportsThe Comptroller
General shall conduct a study, for each school year after the 2005–2006 school
year, to determine the costs and funds described in subsection (a) for such
year. The report of each such study shall be submitted to the Congress not
later than 1 year after the close of the school year to which the study
relates.
4.Measuring
individual student academic achievementThe Elementary and Secondary Education Act
of 1965 is amended by adding the following at the end of subpart 4 of part A of
title VI and by making the necessary conforming changes in the table of
contents:
6165.Measuring
individual student academic achievementA State may choose to demonstrate adequate
yearly progress under this subpart by utilizing individual growth models to
measure individual student progress from grade to grade if the State meets all
of the following requirements:
(1)The State system contains strong privacy
protections and measures to prevent the labeling of students.
(2)The State system includes measures to meet
the academic progress benchmarks established under NCLB to reach the universal
goal of 100 percent student proficiency by 2014.
(3)The State system includes both annual or
multiple yearly assessments of high technical quality and academic merit as
primary measurements of student academic progress.
(4)The State data system meets minimum
standards, which will be established by the Secretary to ensure high data
quality, including the ability to match test records of individual students
from year to year and the ability to measure growth at the classroom and school
level.
(5)In the case of a student who is one or more
full grade levels behind his or her classmates, as determined by the State in
accordance with the State’s grade-level academic standards, the State has a
plan in place to bring the student up to age-appropriate grade level learning
within three years through targeted interventions chosen by the State, and the
plan has been approved at the start of each of the three applicable school
years by one or both of the student’s parents.
(6)The State system recognizes individual
student GPA as a factor in reporting student progress.
States
utilizing individual growth models may, in the case of a student who is
determined by the State to be one or more full grade levels behind his or her
classmates, count the student as meeting adequate yearly progress requirements
for up to three years as long as the student is meeting the annual
state-established goals for individual student progress that are designed to
bring the student up to age-appropriate grade level learning within three years
through appropriate targeted interventions.6166.Accurate
identification of schools needing improvement
(a)For purposes of
determining adequate yearly progress under this subpart, schools shall be
graded on the following grading scale:
(1)Grade A+: Schools achieving 100 percent of
the factors that make up adequate yearly progress.
(2)Grade A: Schools achieving 90–99 percent of
such factors.
(3)Grade B: Schools achieving 80–89 percent of
such factors.
(4)Grade C: Schools achieving 70–79 percent of
such factors.
(5)Grade D: Schools achieving only 60–69
percent of such factors.
(6)Grade F: Schools achieving 59 percent or
less of such factors.
(b)Awards and
school improvement measuresThe following awards and school improvement
measures shall apply to schools based on the grade each school receives on the
above school improvement grading scale:
(1)A+ schools shall receive greater
flexibility in the use of Title I funds provided to their school with the
transferability percentage increased from 50 percent to 75 percent
flexibility.
(2)A schools shall have flexibility to utilize
Federal funds to help boost achievement for specific sub-groups not making
adequate yearly progress including for additional teacher development and any
other interventions the school deems appropriate.
(3)After two years of
not making AYP, the district shall choose the interventions from those allowed
under section 1116 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6316) that are appropriate to help the school improve its performance as
quickly and effectively as possible.
(4)After two years of not making AYP, the district in
consultation with the state shall choose the appropriate interventions from
those allowed section 1116 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6316) to help the school improve its performance as quickly and
effectively as possible.
(5)After two years of not making AYP, the district and state
shall choose the appropriate interventions from those allowed under section
1116 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316) to
help the school improve its performance as quickly and effectively as
possible.
(6)After two years of not making AYP, the state shall choose
the appropriate interventions from those allowed under section 1116 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316) to help the
school improve its performance as quickly and effectively as possible.
(c)In the case of schools
graded B, C, D, or F, States and school districts, coordinating as
appropriately required for each grade level in this section, may choose to
implement any, all, or none of the school improvement measures currently
available under section 1116 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6316) for schools not making AYP for 3–5 years without the
school being identified “in need of improvement” or as needing corrective
action.
(d)In the case of
schools graded B, C, D, or F which fail to progress beyond their initial grade
level for three consecutive years, such schools shall be subject to the current
school improvement measures that apply to schools that have not made AYP for
three years as defined in the State’s plan under section
1111(b)(2).
.
5.Comparison of
statewide report cardsSection
1111(h)(6) of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311(h)(6)) is amended by adding at the end the following:
(E)In addition to
the information that parents may request under subparagraph (D), a school that
receives funds under this part shall provide, to each individual parent,
student progress report cards referred to in this subsection in addition to
report cards showing the schoolwide and statewide progress of students as
required by this subsection. States shall include on the student progress
report cards the grade of the school the individual student attends, as
identified from the school improvement grading scale in section 6166. States
shall also include on schoolwide and statewide progress report cards the
State’s performance on the National Assessment of Educational Progress (NAEP)
in the academic subject areas required to be reported. An explicit side-by-side
comparison is not required and each State may choose the format in which
information is presented if the NAEP scores are included.
MPBARROW: Is 1111(h) the correct
reference?
.