[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1430 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1430

 To amend the Elementary and Secondary Education Act of 1965 regarding 
  highly qualified teachers, growth models, adequate yearly progress, 
 Native American language programs, and parental involvement, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              July 9, 2009

 Ms. Murkowski introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To amend the Elementary and Secondary Education Act of 1965 regarding 
  highly qualified teachers, growth models, adequate yearly progress, 
 Native American language programs, and parental involvement, and for 
                            other purposes.

    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 ``School Accountability Improvements 
Act''.

SEC. 2. HIGHLY QUALIFIED TEACHERS IN SMALL, RURAL, OR REMOTE SCHOOLS.

    (a) Purposes.--The purposes of this section are--
            (1) to ensure that local educational agencies have 
        flexibility in the ways in which the local educational agencies 
        may provide instruction in core academic subjects;
            (2) to provide relief to teachers who are assigned to teach 
        more than two core academic subjects in small, rural, or remote 
        schools; and
            (3) to provide assurances to students that their 
        instructors will have appropriate knowledge of the core 
        academic subjects the instructors teach.
    (b) Highly Qualified Teachers of Multiple Core Academic Subjects in 
Small Schools.--Section 1119(a) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6319(a)) is amended by adding at the 
end the following:
            ``(4) Special rule for small, rural, or remote schools.--In 
        the case of a local educational agency that is unable to 
        provide a highly qualified teacher to serve as an on-site 
        classroom teacher for a core academic subject in a small, 
        rural, or remote school, the local educational agency may meet 
        the requirements of this section by using distance learning to 
        provide such instruction by a teacher who is highly qualified 
        in the core academic subject, as long as--
                    ``(A) the teacher who is highly qualified in the 
                core academic subject--
                            ``(i) is responsible for providing at least 
                        50 percent of the direct instruction in the 
                        core academic subject through distance 
                        learning;
                            ``(ii) is responsible for monitoring 
                        student progress; and
                            ``(iii) is the teacher who assigns the 
                        students their grades; and
                    ``(B) an on-site teacher who is highly qualified in 
                a subject other the core academic subject taught 
                through distance learning is present in the classroom 
                throughout the period of distance learning and provides 
                supporting instruction and assistance to the 
                students.''.
    (c) Small, Rural, or Remote Schools.--Section 9101 of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801) is 
amended--
            (1) by redesignating paragraphs (41) through (43) as 
        paragraphs (42) through (44), respectively;
            (2) in the undesignated paragraph following paragraph (39), 
        by striking ``State.--The'' and inserting the following
            ``(41) State.--The''; and
            (3) by inserting after paragraph (39) the following:
            ``(40) Small, rural, or remote school.--The term `small, 
        rural, or remote school' means a school that--
                    ``(A)(i) is served by a local educational agency 
                that meets the eligibility requirements of section 
                6211(b) or 6221(b)(1)(B);
                    ``(ii) has an average daily student membership of 
                fewer than 500 students for grades kindergarten through 
                grade 12, inclusive, for the full school year preceding 
                the school year for which the determination is being 
                made under this paragraph; or
                    ``(iii) has an average daily membership of fewer 
                than 100 students in grades 7 through 12, inclusive, 
                for such preceding full school year; and
                    ``(B) has been unable, despite reasonable efforts 
                to do so, to recruit, hire, or retain a sufficient 
                number of teachers who are highly qualified in the core 
                academic subjects for the school year for which the 
                determination is being made under this paragraph.''.

SEC. 3. GROWTH MODELS.

    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:
                    ``(L) Growth models.--
                            ``(i) In general.--In the case of a State 
                        that desires to satisfy the requirements of a 
                        single, statewide State accountability system 
                        under subparagraph (A) through the use of a 
                        growth model, the Secretary shall approve such 
                        State's use of the growth model if--
                                    ``(I) the State plan ensures that 
                                100 percent of students in each group 
                                described in subparagraph (C)(v)--
                                            ``(aa) meet or exceed the 
                                        State's proficient level of 
                                        academic achievement on the 
                                        State assessments under 
                                        paragraph (3) by the 2013-2014 
                                        school year; or
                                            ``(bb) are making 
                                        sufficient progress to enable 
                                        each student to meet or exceed 
                                        the State's proficient level on 
                                        such assessments for the 
                                        student's corresponding grade 
                                        level not later than the 
                                        student's final year in 
                                        secondary school;
                                    ``(II) the State plan complies with 
                                all of the requirements of this 
                                paragraph, except as provided in clause 
                                (ii);
                                    ``(III) the growth model is based 
                                on a fully approved assessment system;
                                    ``(IV) the growth model calculates 
                                growth in student proficiency for the 
                                purposes of determining adequate yearly 
                                progress either by individual students 
                                or by cohorts of students, and may use 
                                methodologies, such as confidence 
                                intervals and the State-approved 
                                minimum designations, that will yield 
                                statistically reliable data;
                                    ``(V) the growth model includes all 
                                students; and
                                    ``(VI) the State has the capacity 
                                to track and manage the data for the 
                                growth model efficiently and 
                                effectively.
                            ``(ii) Special rule.--Notwithstanding any 
                        other provision of law, for purposes of any 
                        provision that requires the calculation of a 
                        number or percentage of students who meet or 
                        exceed the proficient level of academic 
                        achievement on a State assessment under 
                        paragraph (3), a State using a growth model 
                        approved under clause (i) shall calculate such 
                        number or percentage by counting--
                                    ``(I) the students who meet or 
                                exceed the proficient level of academic 
                                achievement on the State assessment; 
                                and
                                    ``(II) the students who, as 
                                demonstrated through the growth model, 
                                are making sufficient progress to 
                                enable each student to meet or exceed 
                                the proficient level on the State 
                                assessment for the student's 
                                corresponding grade level not later 
                                than the student's final year in 
                                secondary school.''.

SEC. 4. SCHOOL CHOICE AND SUPPLEMENTAL EDUCATIONAL SERVICES.

    (a) School Choice and Supplemental Educational Services.--Section 
1116(b) of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 6316(b)) is amended--
            (1) in paragraph (1)--
                    (A) by striking subparagraph (E) and inserting the 
                following:
                    ``(E) 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, make supplemental 
                educational services available consistent with 
                subsection (e).''; and
                    (B) by striking subparagraph (F);
            (2) by striking paragraph (5) and inserting the following:
            ``(5) Failure to make adequate yearly progress after 
        identification.--
                    ``(A) In general.--In the case of any school served 
                under this part that fails to make adequate yearly 
                progress, as set out in the State's plan under section 
                1111(b)(2), not later than the first day of the second 
                school year following identification under paragraph 
                (1), the local educational agency serving such school 
                shall--
                            ``(i) provide students in grades 3 through 
                        12 who are enrolled in the school and who did 
                        not meet or exceed the proficient level on the 
                        most recent State assessment in mathematics or 
                        in reading or language arts with the option to 
                        transfer to another public school served by the 
                        local educational agency in accordance with 
                        subparagraph (B);
                            ``(ii) continue to make supplemental 
                        educational services available consistent with 
                        subsection (e)(1); and
                            ``(iii) continue to provide technical 
                        assistance.
                    ``(B) Public school choice.--In carrying out 
                subparagraph (A)(i) with respect to a school, the local 
                educational agency serving such school shall, not later 
                than the first day of the school year following such 
                identification, provide all students described in 
                subparagraph (A)(i) 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.
                    ``(C) Transfer.--Students who use the option to 
                transfer under subparagraph (A)(i), paragraph (7)(C)(i) 
                or (8)(A)(i), or subsection (c)(10)(C)(vii), shall be 
                enrolled in classes and other activities in the public 
                school to which the students transfer in the same 
                manner as all other children at the public school.'';
            (3) in paragraph (7)(C)(i), by striking ``all''; and
            (4) in paragraph (8)(A)(i), by striking ``all''.
    (b) Supplemental Educational Services Providers.--Section 1116(e) 
of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
6316(e)) is amended--
            (1) by redesignating paragraph (12) as paragraph (13);
            (2) by inserting after paragraph (11) the following:
            ``(12) Rule regarding providers.--Notwithstanding paragraph 
        (13)(B), a local educational agency identified under subsection 
        (c) that is required to arrange for the provision of 
        supplemental educational services under this subsection may 
        serve as a provider of such services in accordance with this 
        subsection.''; and
            (3) in paragraph (13)(A) (as redesignated by paragraph 
        (1)), by inserting ``, who is in any of grades 3 through 12 and 
        who did not meet or exceed the proficient level on the most 
        recent State assessment in mathematics or in reading or 
        language arts'' before the semicolon.

SEC. 5. CALCULATING ADEQUATE YEARLY PROGRESS FOR STUDENTS WITH 
              DISABILITIES AND STUDENTS WITH LIMITED ENGLISH 
              PROFICIENCY.

    Section 1116 of the Elementary and Secondary Education Act of 1965 
(as amended by section 4) (20 U.S.C. 6316) is further amended--
            (1) by redesignating subsection (h) as subsection (i); and
            (2) by inserting after subsection (g) the following:
    ``(h) Partial Satisfaction of AYP.--
            ``(1) Schools.--Notwithstanding this section or any other 
        provision of law, in the case of a school that failed to make 
        adequate yearly progress under section 1111(b)(2) solely 
        because the school did not meet or exceed 1 or more annual 
        measurable objectives set by the State under section 
        1111(b)(2)(G) for the subgroup of students with disabilities or 
        students with limited English proficiency, or both such 
        subgroups--
                    ``(A) if such school is identified for school 
                improvement under subsection (b)(1), such school shall 
                only be required to develop or revise and implement a 
                school plan under subsection (b)(3) with respect to 
                each such subgroup that did not meet or exceed each 
                annual measurable objective; and
                    ``(B) if such school is identified for corrective 
                action or restructuring under paragraph (7) or (8) of 
                subsection (b), respectively, the local educational 
                agency serving such school shall not be required to 
                implement subsection (b)(7)(C)(iv) or subsection 
                (b)(8)(B), respectively, if the local educational 
                agency demonstrates to the State educational agency 
                that the school would have made adequate yearly 
                progress for each assessment and for each such subgroup 
                for the most recent school year if the percentage of 
                students who met or exceeded the proficient level of 
                academic achievement on the State assessment was 
                calculated by counting--
                            ``(i) the students who met or exceeded such 
                        proficient level; and
                            ``(ii) the students who are making 
                        sufficient progress to enable each such student 
                        to meet or exceed the proficient level on the 
                        assessment for the student's corresponding 
                        grade level not later than the student's final 
                        year in secondary school, as demonstrated 
                        through a growth model that meets the 
                        requirements described in subclauses (III) 
                        through (VI) of section 1111(b)(2)(L)(i).
            ``(2) Local educational agencies.--Notwithstanding this 
        section or any other provision of law, in the case of a local 
        educational agency that failed to make adequately yearly 
        progress under subsection (c)(1) solely because the local 
        educational agency did not meet or exceed 1 or more annual 
        measurable objectives set by the State under section 
        1111(b)(2)(G) for the subgroup of students with disabilities or 
        students with limited English proficiency, or both such 
        subgroups--
                    ``(A) if the local educational agency is identified 
                for improvement under subsection (c)(3), the local 
                educational agency shall only be required to develop or 
                revise and implement a local educational agency plan 
                under subsection (c)(7) with respect to each such 
                subgroup that did not meet or exceed each annual 
                measurable objective; and
                    ``(B) if the local educational agency is identified 
                for corrective action under subsection (c)(10), the 
                State educational agency shall not be required to 
                implement such subsection if the State educational 
                agency demonstrates to the Secretary that the local 
                educational agency would have made adequate yearly 
                progress for each assessment and for each such subgroup 
                if the percentage of students who met or exceeded the 
                proficient level of academic achievement on the State 
                assessment was calculated by counting--
                            ``(i) the students who meet or exceed such 
                        proficient level; and
                            ``(ii) the students who are making 
                        sufficient progress to enable each such student 
                        to meet or exceed the proficient level on the 
                        assessment for the student's corresponding 
                        grade level not later than the student's final 
                        year in secondary school, as demonstrated 
                        through a growth model that meets the 
                        requirements described in subclauses (III) 
                        through (VI) of section 1111(b)(2)(L)(i).''.

SEC. 6. NATIVE AMERICAN LANGUAGE PROGRAMS.

    Section 1111(b)(2) of the Elementary and Secondary Education Act of 
1965 (as amended by section 3) (20 U.S.C. 6311(b)(2)) is further 
amended by adding at the end the following:
                    ``(M) Native american language programs.--
                Notwithstanding subparagraph (I) or any other provision 
                of law--
                            ``(i) a school serving students who receive 
                        not less than a half day of daily Native 
                        language instruction in an American Indian 
                        language, an Alaska Native language, or 
                        Hawaiian in at least grades kindergarten 
                        through grade 2 for a school year that does not 
                        have State assessments under paragraph (3) 
                        available in the Native American language 
                        taught at the school as provided for in 
                        paragraph (3)(C)(ix)(III)--
                                    ``(I) shall assess students in 
                                grade 3 as required under paragraph 
                                (3), and such students shall be 
                                included in determining if the school 
                                met the participation requirements for 
                                all groups of students as required 
                                under subparagraph (I)(ii) for such 
                                school year; and
                                    ``(II) shall not include such 
                                assessment results for students in 
                                grade 3 in determining if the school 
                                met or exceeded the annual measurable 
                                objectives for all groups of students 
                                as required under subparagraph (I)(i) 
                                for such school year; and
                            ``(ii) in the case of a school serving 
                        students in any of grades 4 through 8 who 
                        received such Native American language 
                        instruction, such school shall count for 
                        purposes of calculating the percentage of 
                        students who met or exceeded the proficient 
                        level of academic achievement on the State 
                        assessment--
                                    ``(I) the students who met or 
                                exceeded such proficient level; and
                                    ``(II) the students who are making 
                                sufficient progress to enable each such 
                                student to meet or exceed such 
                                proficient level on the assessment for 
                                the student's corresponding grade level 
                                by the time the student enters grade 7, 
                                as demonstrated through a growth model 
                                that meets the requirements described 
                                in subclauses (III) through (VI) of 
                                subparagraph (L)(i).''.

SEC. 7. IMPROVING EFFECTIVE PARENTAL INVOLVEMENT.

    Title II of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 6601 et seq.) is amended--
            (1) in section 2131(1)(B) (20 U.S.C. 6631(1)(B)), by 
        inserting ``one or more parent teacher associations or 
        organizations,'' after ``another local educational agency,''; 
        and
            (2) in section 2134 (20 U.S.C. 6634)--
                    (A) in subsection (a)(2)(C), by inserting ``one or 
                more parent teacher associations or organizations,'' 
                after ``such local educational agencies,'';
                    (B) by redesignating subsection (b) as subsection 
                (c); and
                    (C) by inserting after subsection (a) the 
                following:
    ``(b) Optional Use of Funds.--An eligible partnership that receives 
a subgrant under this section may use subgrant funds remaining after 
carrying out all of the activities described in subsection (a) for--
            ``(1) developing parental engagement strategies, with 
        accountability goals, as a key part of the ongoing school 
        improvement plan under section 1116(b)(3)(A) for a school 
        identified for improvement under section 1116(b)(1); or
            ``(2) providing training to teachers, principals, and 
        parents in skills that will enhance effective communication, 
        which training shall--
                    ``(A) include the research-based standards and 
                methodologies of effective parent or family involvement 
                programs; and
                    ``(B) to the greatest extent possible, involve the 
                members of the local and State parent teacher 
                association or organization in such training activities 
                and in the implementation of school improvement plans 
                under section 1116(b)(3)(A).''.

SEC. 8. CONFORMING AMENDMENTS.

    Section 1116 of the Elementary and Secondary Education Act of 1965 
(as amended by sections 4 and 5) (20 U.S.C. 6316) is further amended--
            (1) in subsection (b)--
                    (A) in paragraph (6)(F), by striking ``(1)(E),'';
                    (B) in paragraph (7)(C)(i), by striking ``paragraph 
                (1) (E) and (F)'' and inserting ``subparagraphs (B) and 
                (C) of paragraph (5)'';
                    (C) in paragraph (8)(A)(i), by striking ``paragraph 
                (1) (E) and (F)'' and inserting ``subparagraphs (B) and 
                (C) of paragraph (5)'';
                    (D) in paragraph (9)--
                            (i) by striking ``paragraph (1)(E)'' and 
                        inserting ``paragraph (5)(B)''; and
                            (ii) by striking ``(1)(A), (5),'' and 
                        inserting ``(5)(A),''; and
                    (E) in paragraph (11), by striking ``(1)(E),'';
            (2) in subsection (c)(10)(C)(vii), by striking 
        ``subsections (b)(1) (E) and (F)'' and inserting 
        ``subparagraphs (B) and (C) of subsection (b)(5)'';
            (3) in subsection (e)(1), by inserting ``(1),'' after 
        ``described in paragraph'';
            (4) in subsection (f)(1)(A)(ii), by inserting ``(A)'' after 
        ``(b)(5)''; and
            (5) in subsection (g)(3)(A), by striking ``subsection 
        (b)(1)(E)'' and inserting ``subsection (b)(5)(B)''.
                                 <all>