109th CONGRESS
2d Session

H. R. 6232

To amend the Elementary and Secondary Education Act of 1965 to improve the method of determining adequate yearly progress, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

September 28, 2006

Mr. MORAN of Kansas introduced the following bill; which was referred to the Committee on Education and the Workforce

A BILL

To amend the Elementary and Secondary Education Act of 1965 to improve the method of determining adequate yearly progress, 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 `Practicality in Education Act'.

SEC. 2. RESULTS OF LIMITED ENGLISH PROFICIENT STUDENTS, WHEN TESTED NOT IN THEIR NATIVE LANGUAGE, ARE NOT REQUIRED TO BE INCLUDED IN MEASURING ACHIEVEMENT AND ADEQUATE YEARLY PROGRESS.

    Section 1111(b)(3)(C) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3)(C)) is amended--

      (1) in clause (ix), in subclause (III), by striking `the inclusion of limited English proficient students' and inserting `the inclusion, subject to clause (xvi), of limited English proficient students';

      (2) in clause (xiv), by striking `and' at the end;

      (3) in clause (xv), by striking the period at the end and inserting `; and'; and

      (4) by adding at the end the following:

          `(xvi) notwithstanding subclause (III) of clause (ix), the results for limited English proficient students are not required, for the first two school years in the United States, to be included in measuring achievement under the assessments or in measuring adequate yearly progress, when such students are assessed in reading or mathematics in a language other than the native language.'.

SEC. 3. EMPLOYMENT OF GROWTH MODEL TO DETERMINE ADEQUATE YEARLY PROGRESS, MEASURING THE ACHIEVEMENT OF THE SAME STUDENTS AND SUBGROUPS FROM YEAR TO YEAR.

    Section 1111(b)(2)(C) of such Act (20 U.S.C. 6311(b)(2)(C)) is amended--

      (1) in clause (vi) by striking `and' at the end;

      (2) in clause (vii) by striking the period at the end and inserting `; and'; and

      (3) by adding at the end the following:

          `(viii) employs a growth model, measuring the achievement of the same students and subgroups from year to year.'.

SEC. 4. STUDENTS WITH DISABILITIES TO BE TESTED AT THE GRADE LEVEL RECOMMENDED BY THEIR INDIVIDUALIZED EDUCATION PROGRAM.

    Section 1111(b)(3)(C)(ix)(II) of such Act (20 U.S.C. 6311(b)(3)(C)(ix)(II)) is amended by inserting before the semicolon the following: `, except that 4 percent of such students who take modified assessments shall be counted toward proficiency'.

SEC. 5. SCHOOL IDENTIFIED AS FAILING HAS ONE YEAR TO IMPROVE BEFORE STUDENTS MUST BE GIVEN OPTION TO TRANSFER.

    Section 1116(b)(1)(E)(i) of such Act (20 U.S.C. 6311(b)(1)(E)(i)) is amended by striking `the first day of the school year following such identification' and inserting `the first day of the second school year following such identification (unless, before such day, the school is no longer identified for school improvement)'.

SEC. 6. STUDENTS WHO ARE IN MORE THAN ONE GROUP COUNT ONLY ONCE.

    Section 1111(b)(2) of such Act (20 U.S.C. (b)(2)) is further amended by adding at the end the following:

        `(L) STUDENTS WHO ARE IN MORE THAN ONE GROUP- For the purpose of determining adequate yearly progress, a student who belongs to more than one of the groups described in subparagraph (C)(v) shall be counted toward one such group only.'.

SEC. 7. ALTERNATIVE QUALIFICATION REQUIREMENTS FOR SPECIAL EDUCATION TEACHERS AND RURAL TEACHERS.

    Section 9101(23)(B)(ii)(I) of such Act (20 U.S.C. 7801(23)(B)(ii)(I)) is amended by inserting before the semicolon the following: `(except that, at the discretion of the State, a special education teacher or a teacher in a rural school may satisfy the requirements of this subclause by passing such a rigorous State academic subject test in any 1 subject in which the teacher teaches if, with respect to each other academic subject in which the teacher teaches, the teacher works in close consultation, either in-person or through high-quality distance education or consultation, with another teacher who is highly qualified in such other academic subject)'.

END