Modification to amendments made by No Child Left Behind Act of 2001

(a)

Modifications to highly qualified teacher standard

(1)

Middle or secondary teachers new to profession may use college minor

Subclause (II) of section 9101(23)(B)(ii) of the Elementary and Secondary School Act of 1965 (20 U.S.C. 7801(23)(B)(ii)) is amended by inserting or minor after academic major. (2)

Extent time teaching is considered

Subclause (V) of section 9101(23)(C)(ii) of such Act (20 U.S.C. 7801(23)(C)(ii)) is amended by striking not be based primarily on and inserting not be based solely on. (b)

Extension until 2011–12 school year for rural schools To meet all highly qualified teacher standards; additional $50 million authorized To help rural schools meet standards

(1)

Extension

Subsection (a) of section 1119 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6319) is amended by adding at the end the following new paragraph:

(4)

Rural school districts

(A)

In general

Notwithstanding the deadline described in paragraphs (2) and (3), a plan developed by a State educational agency or a local educational agency under this subsection shall ensure that all teachers who are described in such paragraphs, but are teaching in a rural school district, are highly qualified not later than the end of the 2011–2012 school year. (B)

Definition

For purposes of this paragraph, the term rural school district means a local educational agency that— (i)meets the eligibility criteria described in section 6211(b), including by obtaining a waiver under paragraph (2) of such section; and (ii)employs a percentage of teachers who are not highly qualified that is higher than the corresponding percentage for the State involved.

(2)

Additional funding

Section 6234 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7355c) is amended— (A)by striking There are and inserting (a) In General.—There are; and (B)by adding at the end the following new subsection:

(b)

Additional funding

For the purpose of making grants under subpart 2 to be used for teacher recruitment, retention, and professional development activities described in section 6222(a) in rural school districts (as defined in section 1119(a)(4)), there are authorized to be appropriated $50,000,000 for fiscal year 2008 and such sums as may be necessary for each of the 4 following fiscal years. Such authorization shall be in addition to the authorization in subsection (a).

(c)

Highly qualified teacher rules limited to teachers of core subjects

(1)Title I of the Elementary and Secondary Education Act of 1965 is amended by adding at the end the following new section:

1005.

Highly qualified teacher concept limited to teachers of core subjects

Notwithstanding any other provision of this Act, any reference in this Act to highly qualified teachers shall be deemed to refer only to teachers in core subjects.

(2)The table of contents of such Act is amended by inserting after the item relating to section 1004 the following new item:

Sec. 1005. Highly qualified teacher concept limited to teachers of core subjects..

(d)

Students with disabilities assessed at the level of instruction in compliance with their individualized education plan

Clause (ix) 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 by striking and at the end of subclause (II), by adding and at the end of subclause (III), and by adding at the end the following new subclause:

(IV)at the discretion of the State, the assessment of students with disabilities (as defined in section 602(3) of the Individuals with Disabilities Education Act) whose instructional level in the core academic subjects is below the grade level in which the student is enrolled, by using the State assessment determined by the student's individualized education program team (as described in section 614(d)(1)(B) of such Act) to most closely correspond to the student's instructional level;

(e)

Use of growth models and multiple measures in determining adequate yearly progress

(1)

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. (2)

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 by striking and at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ; and, and by adding at the end the following new clause:

(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).

(f)

Adequate yearly progress determined by group and subject

(1)

Identification of schools in need of improvement

(A)Subparagraph (A) of section 1116(b)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b)(1)) is amended by striking that fails and inserting if the same group of students described in section 1111(b)(2)(C)(v) fails in the same academic subject. (B)Subparagraph (C) of such section is amended by striking almost every student in each group specified in section 1111(b)(2)(C)(v) enrolled in such school is meeting or exceeding the State's proficient level of academic achievement and inserting almost every student in each group enrolled in such school for which there is such a failure in an academic subject is meeting or exceeding the State's proficient level of academic achievement in such subject. (2)

Failure to make adequate yearly progress during first year after identification

So much of the text of paragraph (5) of section 1116(b) of such Act as precedes subparagraph (A) is amended to read as follows: If, by the end of the first full school year after identification under paragraph (1) of a school served under this part, any group of students that met the requirements for such identification in an academic subject fails to make adequate yearly progress in such subject, as set out in the State's plan under section 1111(b)(2), the local educational agency serving such school—. (3)

Failure to make adequate yearly progress during second year after identification

So much of the text of subparagraph (C) of section 1116(b)(7) of such Act as precedes clause (i) is amended to read as follows: If, by the end of the second full school year after identification under paragraph (1) of a school served under this part, any group of students that met the requirements for such identification in an academic subject fails to make adequate yearly progress in such subject, as set out in the State's plan under section 1111(b)(2), the local educational agency shall—. (4)

Failure to make adequate yearly progress during first year after corrective action

So much of the text of subparagraph (A) of section 1116(b)(8) of such Act as precedes clause (i) is amended to read as follows: If, after 1 full year of corrective action under paragraph (7), any group of students (at the school subject to such corrective action) that met the requirements for identification under paragraph (1) in an academic subject continues to fail to make adequate yearly progress in such subject, then the local educational agency shall—. (g)

Needs improvement label To be group and subject specific

Subparagraph (A) of section 1116(b)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b)(1)) is amended by adding at the end the following new sentence: Such identification shall apply only to each group and subject with respect to which there is such a failure. (h)

Parental notification of needs improvement To be group and subject specific

Paragraph (6) of section 1116(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b)) is amended by striking of each student enrolled in an elementary school or a secondary school identified for school improvement under paragraph (1) and inserting of each student in each group of students that met the requirements for identification in an academic subject under paragraph (1). (i)

Transfer option and supplemental services limited to students from failing groups

(1)Clause (i) of section 1116(b)(1)(E) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b)(1)(E)) is amended by inserting in each group described in section 1111(b)(2)(C)(v) that met the requirements for such identification after all students. (2)Paragraphs (5)(A), (7)(C)(i), and (8)(A)(i) of section 1116(b) of such Act are each amended by inserting in such group after all students. (j)

Local educational agencies may choose To offer supplemental educational services, and not public school choice, on initial failure To make adequate yearly progress

(1)

In general

Subparagraph (E) of section 1116(b)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b)(1)) is amended to read as follows:

(E)

Public school choice or supplemental educational services

In the case of a school identified for school improvement under this paragraph, the local educational agency shall, not later than the first day of the school year following such identification— (i)provide all students in each group described in section 1111(b)(2)(C)(v) that met the requirements for such identification (and who are enrolled in the school) with the option to transfer to another public school served by the local educational agency, which may include a public charter school, that has not been identified for school improvement under this paragraph, unless such an option is prohibited by State law, or (ii)make supplemental educational services available consistent with subsection (e)(1) to students in such group in the academic subject to which such identification relates.

If more than 1 school served by such agency is identified for school improvement under this paragraph or more than 1 group of students meets the requirements for such identification, such agency shall make the same choice under clause (i) or (ii) for all such schools and all such groups.

(2)

Conforming amendment

Paragraph (5) of section 1116(b) of such Act is amended to read as follows:

(5)

Failure to make adequate yearly progress after identification

If, by the end of the first full school year after identification under paragraph (1) of a school served under this part, any group of students that met the requirements for such identification in an academic subject fails to make adequate yearly progress in such subject, as set out in the State's plan under section 1111(b)(2), the local educational agency serving such school— (A)shall continue to provide the transfer option under clause (i) of paragraph (1)(E) or to make the supplemental educational services available under clause (ii) of such paragraph, whichever was chosen by such agency, (B)shall provide the transfer option under such clause (i) or to make the supplemental educational services available under such clause (ii), whichever was not chosen by such agency under such paragraph; and (C)shall continue to provide technical assistance.