110th CONGRESS
1st Session
S. 562
To provide for flexibility and improvements in elementary and secondary
education, and for other purposes.
IN THE SENATE OF THE UNITED STATES
February 13, 2007
Ms. COLLINS introduced the following bill; which was read twice and referred
to the Committee on Health, Education, Labor, and Pensions
A BILL
To provide for flexibility and improvements in elementary and secondary
education, 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 `No Child Left Behind Flexibility and Improvements
Act'.
SEC. 2. DISCRETION TO MODIFY ADEQUATE YEARLY PROGRESS TIMELINE.
Section 1111(b)(2)(F) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6311(b)(2)(F)) is amended--
(1) by striking `(F) TIMELINE- Each State' and inserting the following:
`(i) IN GENERAL- Each State'; and
(2) by adding at the end the following:
`(ii) DISCRETION OF SECRETARY TO MODIFY THE TIMELINE- Every 3 years,
the Secretary--
`(I) shall review the requirements of the timeline established in
clause (i); and
`(II) may issue guidance or regulations modifying such requirements
if the Secretary determines, at the Secretary's discretion and after
a review of the progress of the States towards making adequate yearly
progress for the 2013-2014 school year, that modifications to the
timeline are in the interests of improving student achievement and
are in keeping with the purposes of this title.'.
SEC. 3. ALTERNATIVE ACCOUNTABILITY SYSTEMS.
Section 1111(b)(2) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6311(b)(2)) is further amended--
(1) by striking subparagraph (I) and inserting the following:
`(I) ANNUAL IMPROVEMENT FOR SCHOOLS-
`(i) IN GENERAL- Each year for a school to make adequate yearly progress
under this paragraph--
`(I) each group of students described in subparagraph (C)(v) must
meet or exceed the objectives set by the State under subparagraph
(G), except that if any group described in subparagraph (C)(v) does
not meet those objectives in any particular year, the school shall
be considered to have made adequate yearly progress if--
`(aa) the percentage of students in that group who did not meet
or exceed the proficient level of academic achievement on the State assessment
under paragraph (3) decreased by 5 percent over the past year, or an aggregate
of 10 percent over 2 years, and that group has made progress on 1 or more
of the academic indicators described in subparagraph (C)(vi) or (vii); or
`(bb) the students in that group demonstrate that they are making
progress towards proficiency through an additional model or system for measuring
student progress described in subparagraph (J) and that group has made progress
on one or more of the academic indicators described in subparagraph (C)(vi)
or (vii); and
`(II) not less than 95 percent of each group of students described
in subparagraph (C)(v) who are enrolled in the school are required
to take the assessments, consistent with paragraph (3)(C)(xi) and
with accommodations, guidelines, and alternative assessment provided
in the same manner as those provided under section 612(a)(17)(A)
of the Individuals with Disabilities Education Act and paragraph
(3), on which adequate yearly progress is based (except that the
95 percent requirement described in this clause shall not apply
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).
`(ii) CHILDREN WITH DISABILITIES- In the case of a child with a disability
(as defined in section 602(3) of the Individuals with Disabilities
Education Act), a State may deem the child to have met the State's
proficient level of academic achievement on the State assessments
for purposes of calculating adequate yearly progress under this section
if--
`(I) the student's individualized education program plan team (as
defined in section 614(d)(1)(B) of such Act) designates an alternate
assessment based on alternate or modified student academic achievement
standards as a more appropriate measure of the student's academic
progress and achievement for purposes of the assessment requirements
under this part; and
`(II) the student achieves a proficient score on such alternate
assessment.
`(iii) REPORT FROM SEA- For any year that a State educational agency
makes use of the flexibility provided by this section to allow alternate
assessments for more than 3 percent of the total student population
Statewide, the State educational agency shall make available to the
public a report that includes the percentage of all special education
students in the State who were assessed according to clause (ii).'.
(2) by redesignating subparagraphs (J) and (K) as subparagraphs (L) and
(M), respectively; and
(3) by inserting after subparagraph (I) (as amended by paragraph (1))
the following:
`(J) ADDITIONAL MODELS AND SYSTEMS FOR MEASURING STUDENT PROGRESS- In
developing a single, statewide State accountability system pursuant
to subparagraph (A), a State may establish models and systems for measuring
student progress for purposes of determining whether an agency or school
has made adequate yearly progress that are in addition to the models
and systems otherwise described in this paragraph if the models and
systems are in keeping with the purposes of this title. Additional models
and systems that measure student progress under this paragraph may include--
`(i) cohort growth models that--
`(I) demonstrate progress based on longitudinal student assessment
results indicating improvement in the academic performance of the
same cohort of students over time; and
`(II) may in some instances specify different starting points, different
intermediate goals, and different annual measurable objectives for
different cohorts;
`(ii) indexing systems that demonstrate progress based on improvement
in assessment scores for students below the proficient level, such
as improvements from the below basic to basic level, or from basic
to another intermediate level below the proficient level, if the system
does not include improvement in students scores for students who scored
at the proficient level and higher; or
`(iii) a system that demonstrates progress based on improvements in
closing the achievement gap or making progress towards another State-established
high-achievement target, such as a system that demonstrates progress
towards having all subgroups meet or exceed the current percentage
of proficient students at the State's top-performing schools (such
as the top 20 percent of schools), if the system requires continued
improvement towards subsequently higher targets until all students
have reached the proficient level.
`(K) REQUIREMENT FOR GUIDANCE FROM THE SECRETARY ON ADDITIONAL MODELS
AND SYSTEMS FOR MEASURING STUDENT PROGRESS- Not later than 120 days
after the date of enactment of the No Child Left Behind Flexibility
and Improvements Act, the Secretary shall establish specific models
of additional models and systems for measuring student progress that
meet the requirements of subparagraph (J), including models of cohort-growth
systems, indexing systems, or high-achievement target systems described
in subparagraph (J). To the extent possible, the models shall demonstrate
the maximum amount of flexibility available under this part in the design
of additional models and systems for measuring student progress. In
addition, the Secretary shall create a task force to provide guidance
and other technical assistance to those States interested in incorporating
additional models and systems for measuring student progress into their
State accountability plan.'.
SEC. 4. STATE OPTION REGARDING STUDENTS WITH LIMITED ENGLISH PROFICIENCY.
Section 1111(b)(2) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6311(b)(2)) (as amended by section 3) is further amended by adding
at the end the following:
`(N) STATE OPTION REGARDING STUDENTS WITH LIMITED ENGLISH PROFICIENCY-
`(i) IN GENERAL- In determining whether a school, local educational
agency, or State has made adequate yearly progress under this subsection,
a State shall have the option to include in the students with limited
English proficiency subgroup a student who was formerly included in
the subgroup and subsequently acquired proficiency in English.
`(ii) DURATION OF INCLUSION IN THE SUBGROUP- A State may include a
student described in clause (i) in the students with limited English
proficiency subgroup until the student completes secondary school.
`(iii) RULES OF CONSTRUCTION- Nothing in this subparagraph shall be
construed--
`(I) to count a student described in clause (i) as a student with
limited English proficiency for purposes of--
`(aa) determining a State-defined minimum subgroup size; and
`(bb) allocating funds under title III;
`(II) to require a student described in clause (i)--
`(aa) to continue to take a limited English proficiency assessment
under paragraph (7); and
`(bb) to receive language services provided to students with limited
English proficiency.'.
SEC. 5. LOCAL ACADEMIC ASSESSMENTS.
Section 1111(b)(3)(A) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6311(b)(3)(A)) is amended--
(1) by striking `(A) IN GENERAL- Each State plan' and inserting the following:
`(A) IMPLEMENTATION OF ASSESSMENTS-
`(i) IN GENERAL- Each State plan'; and
(2) by adding at the end the following:
`(ii) RULE OF CONSTRUCTION REGARDING USE OF LOCAL ASSESSMENTS- Nothing
in this Act shall be construed to prohibit a State from using a local
assessment system or a mixed system of State and local assessments
in carrying out clause (i), if the assessment system--
`(I) is aligned with the State's content and achievement standards
and provides coherent information about student attainment of those
standards;
`(II) is valid and reliable, and consistent with relevant professional
and technical standards;
`(III) provides individual student reports and itemized score analysis;
and
`(IV) allows the State to aggregate, with confidence, data from
disparate local assessments.
`(iii) REQUIRED TECHNICAL ASSISTANCE- Not later than 120 days after
the date of enactment of the No Child Left Behind Flexibility and
Improvements Act, the Secretary shall provide models of local assessment
systems or mixed system of State and local assessments meeting the
requirements described in clause (ii), and shall provide guidance
and technical assistance to States on ways that these systems may
be used to satisfy the assessment requirements of this part.'.
SEC. 6. DEFERRAL OF ACADEMIC ASSESSMENTS.
Section 1111(b)(3)(D) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6311(b)(3)(D)) is amended by striking clauses (i) through (iv)
and inserting the following:
`(i) $640,000,000 for fiscal year 2008; and
`(ii) $670,000,000 for fiscal year 2009.'.
SEC. 7. ADEQUATE YEARLY PROGRESS BY GROUP AND SUBJECT.
Section 1116(b) of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6316(b)) is amended--
(1) in subparagraph (A) of paragraph (1), by inserting `with respect to
the performance of a particular group of students described in section
1111(b)(2)(C)(v) in the same academic subject,' after `that fails, for
2 consecutive years,';
(2) in the matter preceding subparagraph (A) of paragraph (5), by inserting
`with respect to the performance of a particular group of students described
in section 1111(b)(2)(C)(v) in the same academic subject,' after `that
fails to make adequate yearly progress,';
(3) in the matter preceding clause (i) of paragraph (7)(C), by inserting
`with respect to the performance of a particular group of students described
in section 1111(b)(2)(C)(v) in the same academic subject,' after `that
fails to make adequate yearly progress,'; and
(4) in the matter preceding clause (i) of paragraph (8)(A), by inserting
`with respect to the performance of a particular group of students described
in section 1111(b)(2)(C)(v) in the same academic subject,' after `continues
to fail to make adequate yearly progress,'.
SEC. 8. MODIFICATION OF THE DEFINITION OF HIGHLY QUALIFIED TEACHER.
Subpart 1 of part A of title I of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6311 et seq.) is amended by adding at the end the
following:
`SEC. 1120C. MODIFICATION OF THE DEFINITION OF HIGHLY QUALIFIED TEACHER.
`(a) Highly Qualified Teachers of Multiple Academic Subjects- Notwithstanding
section 9101(23) or any other provision of law, a middle or secondary school
teacher employed to teach multiple academic subjects shall be deemed to
be highly qualified for purposes of this part, if--
`(1) the teacher meets the requirements of section 9101(23)(A);
`(2) the teacher has a bachelor's degree;
`(3) the teacher has demonstrated a high level of competency in at least
one subject taught by the teacher by passing a test described in subclause
(I), or a successful completion described in subclause (II), of section
9101(23)(B)(ii), applicable to such subject;
`(4)(A) the State educational agency makes a determination, for a period
of not more than 3 years at a time, that--
`(i) the teacher should be considered highly qualified for purposes
of this part based on a showing that the teacher is making progress
toward becoming highly qualified as defined in section 9101(23); and
`(ii) at the time the State educational agency makes such determination,
the teacher teaches in a local educational agency of the State that
has provided the State educational agency with evidence (that may include
the fact that the local educational agency serves a small and rural
school facing unique staffing or hiring challenges that require teachers
to teach multiple academic subjects) that the local educational agency
has made a reasonable effort to provide teachers who are highly qualified
under section 9101(23) to every student served by the local educational
agency; or
`(B) the teacher has an academic minor consisting of not less than 15
credit hours, or the equivalent of an academic minor as defined by the
State educational agency in its State plan pursuant to section 1119(a)(2),
in each academic subject that is taught by the teacher (other than a subject
for which the teacher has demonstrated a high level of competency under
paragraph (3)), and each such subject is related to a subject for which
the teacher has demonstrated a high level of competency under paragraph
(3).
`(b) Report- For each year that a teacher in a State is deemed to be highly
qualified under subsection (a), the State educational agency in the State
shall make available to the public a report that includes--
`(1) the number of teachers in the State that are deemed highly qualified
under subsection (a); and
`(2) the total amount of subgrant funds made available under subpart 2
of part A of title II that the State awards to local educational agencies
under such subpart that are available to assist the teachers described
in paragraph (1) with the process of becoming highly qualified as defined
in section 9101(23).'.
SEC. 9. READING ACTIVITIES FOR INDIVIDUAL STUDENTS.
Section 1202(c)(7) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6362(c)(7)) is amended by adding at the end the following:
`(C) READING ACTIVITIES FOR INDIVIDUAL STUDENTS- Notwithstanding any
other provision of this subpart, an eligible local educational agency
may use the funds provided under the subgrant for any activity described
in subparagraph (A) that is provided to a student in a manner other
than on a classwide instruction basis, including small group instruction
and one-to-one instruction.'.
SEC. 10. DEFINITION OF HIGHLY QUALIFIED.
Section 9101(23)(B)(ii)(II) (20 U.S.C. 7801(23)(B)(ii)(II)) is amended by
striking `credentialing; and' and inserting `credentialing,
except that the Secretary shall promulgate regulations permitting
a teacher to demonstrate subject area competence in history, geography,
economics, government, civics, or related subjects at middle or secondary
schools in the State through a State social studies certificate that
qualifies the teacher to teach such subjects; and'.
END
