Student Testing Fairness Act of 2003 - Amends the Elementary and Secondary Education Act of 1965 to revise certain requirements regarding student assessments and adequate yearly progress which were added by the No Child Left Behind Act.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3049 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 3049
To amend part A of title I of the Elementary and Secondary Education
Act of 1965 regarding adequate yearly progress and assessments.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 9, 2003
Mr. Strickland (for himself, Mr. Allen, Mr. Ross, and Mrs. Jones of
Ohio) introduced the following bill; which was referred to the
Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To amend part A of title I of the Elementary and Secondary Education
Act of 1965 regarding adequate yearly progress and assessments.
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 ``Student Testing Fairness Act of
2003''.
SEC. 2. AMENDMENTS REGARDING ADEQUATE YEARLY PROGRESS AND ASSESSMENTS.
(a) Continuous Growth Models.--Clause (iii) of section
1111(b)(2)(C) of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311(b)(2)(C)) is amended by striking ``for all students'' and
inserting ``for all students, as demonstrated by measures of students'
progress toward proficiency, including longitudinal growth''.
(b) Averaging Procedure.--Subparagraph (J) of 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:
``(iv) The State may average data by other
means that are designed to increase the
stability of school-building results from year
to year.''.
(c) 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 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 subparagraph (C) of paragraph (7), 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 subparagraph (A) of paragraph (8), 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,''.
(d) Multiple Measures.--Subparagraph (A) of section 1111(b)(2) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311(b)(2)) is amended--
(1) at the end of clause (ii), by striking ``and'';
(2) at the end of clause (iii), by striking the period and
inserting ``; and''; and
(3) at the end, by adding the following:
``(iv) include multiple measures of student
academic achievement, such as the proportion of
State report card indicators met, a performance
index score, student drop-out rate, and a
measure based on individual student achievement
gains over time, disaggregated by each of the
groups of students described in subparagraph
(C)(v).''.
(e) Cut Scores.--Clause (ii) of section 1111(b)(1)(D) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311(b)(1)(D)) is amended--
(1) in subclause (II), by striking ``and'' at the end;
(2) in subclause (III), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(IV) take into consideration the
continuum of achievement by children
within the advanced, proficient, and
basic levels of achievement described
in subclauses (II) and (III) and the
yearly progress by children within such
continuum.''.
(f) No First Score Requirement.--Clause (iv) of section
1111(b)(2)(C) of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311(b)(2)(C)) is amended--
(1) by striking ``(iv) measures'' and inserting ``(iv)(I)
measures'';
(2) by inserting ``and'' after ``in paragraph (3);''; and
(3) by adding at the end the following:
``(II) if a student takes an assessment
described in paragraph (3) for a particular
subject or grade level more than once, may use,
at the State's discretion, the student's
results from subsequent administrations of the
assessment;''.
(g) Limiting Transfer Options and Supplemental Services to Students
From Failing Groups.--Section 1116 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6316) is amended--
(1) in paragraphs (1)(E)(i), (5)(A), (7)(C)(i), and
(8)(A)(i) of subsection (b), by striking the term ``all
students enrolled in the school'' each place such term appears
and inserting ``all students enrolled in the school, who are
members of a group described in section 1111(b)(2)(C)(v) that
fails to make adequate yearly progress as defined in the
State's plan under section 1111(b)(2),'';
(2) in clause (vii) of subsection (c)(10)(C), by inserting
``, who are members of a group described in section
1111(b)(2)(C)(v) that fails to make adequate yearly progress as
defined in the State's plan under section 1111(b)(2),'' after
``Authorizing students''; and
(3) in subparagraph (A) of subsection (e)(12), by inserting
``, who is a member of a group described in section
1111(b)(2)(C)(v) that fails to make adequate yearly progress as
defined in the State's plan under section 1111(b)(2)'' after
``under section 1113(c)(1)''.
(h) Assessments.--Clause (ii) of section 1111(b)(3)(C) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311(b)(3)(C)) is amended to read as follows:
``(ii) be aligned with the State's
challenging academic content and student
academic achievement standards, be aligned with
curriculum and instruction to adequately assess
the effect of curriculum and instruction on
each such challenging academic content
standard, include individual test items (based
on technical criteria) that enable students to
achieve the items if the students received
appropriate instruction, and provide coherent
information about student attainment of the
State's challenging academic content and
student academic achievement standards;''.
(i) Assessing Students With Disabilities.--Clause (ix) of 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 subclause (II), by striking ``and'' at the end;
(2) in subclause (III), by inserting ``and'' at the end;
and
(3) by adding at the end the following:
``(IV) at the discretion of the
State, the assessment of students with
disabilities (as defined in section
602(3) of the Individuals with
Disabilities Education Act) whose
instructional level in the core
academic subjects is below the grade
level in which the student is enrolled,
by using the State assessment
determined by the student's
individualized education program team
(as described in section 614(d)(1)(B)
of the Individuals with Disabilities
Education Act) to most closely
correspond to the student's
instructional level;''.
(j) Students With Limited English Proficiency.--Paragraph (2) of
section 1111(b) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6311(b)) is amended by adding at the end the following:
``(L) Students with limited english proficiency.--
Notwithstanding subparagraph (C)(v), a State may define
adequate yearly progress under subparagraph (C) in a
manner that measures the progress of students with
limited English proficiency--
``(i) by continuing to include in a group
of students described in subparagraph (C)(v)
students who attain proficiency in English; and
``(ii) by excluding the performance of
students with limited English proficiency who
have resided in the United States for less than
3 years, so as to avoid any distortion in
measurement resulting from the new arrivals of
such students. ''.
(k) Separate Starting Points.--Subparagraph (E) of section
1111(b)(2) (20 U.S.C. 6311(b)(2)) is amended by striking ``, using data
for the 2001-2002 school year,'' and inserting ``, for each group of
students described in subparagraph (C)(v),''.
(l) Minimum Number of Students With Disabilities for Statistically
Reliable Information.--The matter following subclause (II) in section
1111(b)(2)(C)(v) is amended by inserting ``, and a State may determine
that such number for a group of students with disabilities is greater
than for other groups of students described in this clause'' after
``information about any individual student''.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR H8022)
Referred to the House Committee on Education and the Workforce.
Referred to the Subcommittee on Education Reform.
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