[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 528 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                 S. 528

To amend the Elementary and Secondary Education Act of 1965 in order to 
improve the requirements regarding alternate standards and assessments 
for students with the most significant cognitive disabilities, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 12, 2015

Mr. Casey (for himself and Mrs. Murray) 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 in order to 
improve the requirements regarding alternate standards and assessments 
for students with the most significant cognitive disabilities, 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 ``Empowering Parents and Students 
Through Information Act''.

SEC. 2. ALTERNATE STANDARDS AND ASSESSMENTS FOR STUDENTS WITH THE MOST 
              SIGNIFICANT COGNITIVE DISABILITIES.

    Section 1111 of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 6311) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1), by adding at the end the 
                following:
                    ``(G) State requirements for alternate achievement 
                standards.--Notwithstanding subparagraph (B), in the 
                case of any State that elects to use alternate academic 
                achievement standards in any subject included in the 
                State's accountability system under paragraph (2) for 
                students with the most significant cognitive 
                disabilities, in accordance with section 612(a)(16) of 
                the Individuals with Disabilities Education Act and 
                sections 200.1(d) and 200.6(a)(2) of title 34, Code of 
                Federal Regulations, or any successor regulation, the 
                State shall--
                            ``(i) establish and monitor implementation 
                        of clear and appropriate guidelines for 
                        individualized education program teams (as 
                        defined in section 614(d)(1)(B) of the 
                        Individuals with Disabilities Education Act) to 
                        apply in determining, on an annual and subject-
                        by-subject basis, when a child's significant 
                        cognitive disability justifies assessment based 
                        on alternate academic achievement standards;
                            ``(ii) ensure that parents of the students 
                        whom the State plans to assess using alternate 
                        assessments--
                                    ``(I) are involved in the decision 
                                that their child's academic achievement 
                                will be measured against alternate 
                                academic achievement standards, 
                                consistent with section 
                                614(d)(1)(A)(i)(VI)(bb) of the 
                                Individuals with Disabilities Education 
                                Act;
                                    ``(II) provide informed consent 
                                that their child's achievement will be 
                                measured against alternate academic 
                                achievement standards using such 
                                assessment; and
                                    ``(III) are informed of any effect 
                                that participation in such assessment 
                                may have on their child's academic 
                                preparation and eligibility for a 
                                regular secondary school diploma, as 
                                determined by the State;
                            ``(iii) provide evidence that students with 
                        the most significant cognitive disabilities are 
                        included in and making progress in the general 
                        curriculum for the grade in which the students 
                        are enrolled and in assessments aligned with 
                        that curriculum, as described in section 
                        601(c)(5)(A) of the Individuals with 
                        Disabilities Education Act;
                            ``(iv) develop, disseminate information 
                        about, make available, and promote the use of 
                        reasonable accommodations to increase the 
                        number of students with the most significant 
                        cognitive disabilities participating in grade-
                        level academic instruction and assessments 
                        aligned with grade-level academic standards, 
                        and promote the use of reasonable 
                        accommodations to increase the number of 
                        students with the most significant cognitive 
                        disabilities who are tested against grade-level 
                        academic achievement standards;
                            ``(v) take steps to ensure general and 
                        special education teachers and other 
                        appropriate staff know how to administer 
                        assessments, including how to make appropriate 
                        use of accommodations, for students with 
                        disabilities;
                            ``(vi) require separate annual 
                        determinations about whether a student should 
                        be assessed using an alternate assessment based 
                        on alternate academic achievement standards for 
                        each subject assessed; and
                            ``(vii) ensure that students who take an 
                        alternate assessment based on alternate 
                        academic achievement standards are not 
                        precluded from attempting to complete the 
                        requirements for a regular secondary school 
                        diploma, as determined by the State.''; and
                    (B) in paragraph (2), by adding at the end the 
                following:
                    ``(L) No inclusion of ieps.--A State shall not use 
                any student individualized education program, as 
                defined in section 602(14) of the Individuals with 
                Disabilities Education Act, in the State accountability 
                system.''; and
            (2) in subsection (h)(1)(C)--
                    (A) in clause (i), by striking ``disability 
                status'' and inserting ``disability category described 
                in section 602(3) of the Individuals with Disabilities 
                Education Act'';
                    (B) in clause (vii), by striking ``and'' after the 
                semicolon;
                    (C) in clause (viii), by striking the period at the 
                end and inserting ``; and''; and
                    (D) by adding at the end the following:
                            ``(ix) the number and percentage of 
                        students with disabilities who take an 
                        alternate assessment based on alternate 
                        achievement standards, by grade and subject, 
                        and, for each grade and subject, by disability 
                        category described in section 602(3) of the 
                        Individuals with Disabilities Education Act, 
                        except that disaggregation shall not be 
                        required in a case in which the number of 
                        students in a category is insufficient to yield 
                        statistically reliable information or the 
                        results would reveal personally identifiable 
                        information about an individual student.''.
                                 <all>