Short title

This Act may be cited as the

School Accountability Improvements Act

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 2 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, as certified by the State educational agency, 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.

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 grade level in which the student is enrolled 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.

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.

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).

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).

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 1 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 1 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).

Qualifications for American Indian, Alaska Native, or Native Hawaiian language, culture, or history teachers

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:

(m)

Qualifications for American Indian, Alaska Native, or Native Hawaiian language, culture, or history teachers

(1)

Language or culture

(A)

In general

Notwithstanding any other provision of law, the requirements of subsection (a) on local educational agencies and States with respect to highly qualified teachers, shall not apply to a teacher of American Indian, Alaska Native, or Native Hawaiian language or culture, whether the teacher is teaching on a permanent, part-time, or occasional basis. (B)

Competency

A State may require that a local tribe or tribal organization, as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b), verify the competency of a public school teacher of American Indian, Alaska Native, or Native Hawaiian language or culture to teach such subject, to the chief administrative officer of the local educational agency or the chief State school officer. (2)

History

(A)

In general

Notwithstanding any other provision of law, the requirements of subsection (a) on local educational agencies and States with respect to highly qualified teachers, shall not apply to a teacher who is a Native elder or other authority on American Indian, Alaska Native, or Native Hawaiian history who provides instruction in such subject, whether on a periodic or 1-time basis. (B)

Competency

A State may require that a local tribe or tribal organization, as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b), verify the competency of the instructor described in subparagraph (A) of American Indian, Alaska Native, or Native Hawaiian history to teach such subject, to the chief administrative officer of the local educational agency or the chief State school officer.

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).