[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3613 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 3613

  To amend the Elementary and Secondary Education Act of 1965 to make 
          improvements relating to students with disabilities.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 20, 2007

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

_______________________________________________________________________

                                 A BILL


 
  To amend the Elementary and Secondary Education Act of 1965 to make 
          improvements relating to students with disabilities.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. STUDENTS WITH DISABILITIES.

    Section 1111(b) of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6311(b)) is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (C)--
                            (i) in clause (vi), by striking ``and'' at 
                        the end;
                            (ii) in clause (vii), by striking the 
                        period at the end and inserting ``; and''; and
                            (iii) by adding at the end the following:
                            ``(viii) ensures that both the 
                        participation and performance of students with 
                        disabilities utilizing the reasonable 
                        accommodations for children with disabilities 
                        (as defined in section 602(3) of the 
                        Individuals with Disabilities Education Act (20 
                        U.S.C. 1401(3))), or the modifications for 
                        children with disabilities they regularly use 
                        in daily classroom instruction as documented in 
                        their individualized education program or their 
                        plan under section 504 of the Rehabilitation 
                        Act of 1973 (29 U.S.C. 794), are counted for 
                        the purposes of determining adequate yearly 
                        progress.''; and
                    (B) in subparagraph (D)--
                            (i) by redesignating clauses (i) and (ii) 
                        as (ii) and (iii), respectively; and
                            (ii) by inserting before clause (ii) (as so 
                        redesignated) the following:
                            ``(i) shall ensure that students with 
                        disabilities who take the academic assessments 
                        on which adequate yearly progress is based and 
                        who utilize the reasonable accommodations for 
                        children with disabilities (as defined in 
                        section 602(3) of the Individuals with 
                        Disabilities Education Act (20 U.S.C. 
                        1401(3))), or the modifications for children 
                        with disabilities they regularly use in daily 
                        classroom instruction as documented in their 
                        individualized education program or their plan 
                        under section 504 of the Rehabilitation Act of 
                        1973 (29 U.S.C. 794), are counted for the 
                        purposes of determining adequate yearly 
                        progress for a school;''; and
            (2) 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) ensure that both the participation 
                        and performance of students with disabilities 
                        utilizing the reasonable accommodations for 
                        children with disabilities (as defined in 
                        section 602(3) of the Individuals with 
                        Disabilities Education Act (20 U.S.C. 
                        1401(3))), or the modifications for children 
                        with disabilities they regularly use in daily 
                        classroom instruction as documented in their 
                        individualized education program or their plan 
                        under section 504 of the Rehabilitation Act of 
                        1973 (29 U.S.C. 794), are counted for the 
                        purposes of determining adequate yearly 
                        progress.''.
                                 <all>