Directs the Secretary of Education to revise certain regulations to increase, from one to three percent, the number of proficient and advanced level scores based on alternate assessments and alternate achievement standards for students with the most significant cognitive disabilities that may be counted in calculating adequate yearly progress (AYP) for schools, local educational agencies, and States, under the Elementary and Secondary Education Act of 1965 as amended by the No Child Left Behind Act of 2001 (ESEA-NCLBA).
Amends ESEA-NCLBA to lower from ten to seven percent the amount of the decrease, in the percentage in a school year from the preceding school year, of students in any of specified groups who did not meet or exceed the proficient level of academic achievement on the State assessments, which is required under certain conditions for a school to be considered to have made AYP.
Requires the Secretary to issue policy guidance directing that the assessment results of first-year and second-year limited English proficiency students who are recently resettled refugees and who take the reading-language arts assessment are not required to be included in AYP determinations, even if such students have been enrolled in the school or district for one or two full academic years.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1722 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 1722
To direct the Secretary of Education to revise regulations to increase
the percentage of proficient and advanced level scores based on
alternate assessments and alternate achievement standards for purposes
of calculating adequate yearly progress, to amend the Elementary and
Secondary Education Act of 1965 to decrease the percentage of students
who meet or exceed the proficient level of academic achievement on
State assessments required to calculate adequate yearly progress, to
direct the Secretary of Education to expand to two years the exclusion
for second year limited English proficiency students from adequate
yearly progress calculations, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2005
Mr. Bradley of New Hampshire introduced the following bill; which was
referred to the Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To direct the Secretary of Education to revise regulations to increase
the percentage of proficient and advanced level scores based on
alternate assessments and alternate achievement standards for purposes
of calculating adequate yearly progress, to amend the Elementary and
Secondary Education Act of 1965 to decrease the percentage of students
who meet or exceed the proficient level of academic achievement on
State assessments required to calculate adequate yearly progress, to
direct the Secretary of Education to expand to two years the exclusion
for second year limited English proficiency students from adequate
yearly progress calculations, 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. INCREASE IN PERCENTAGE OF PROFICIENT AND ADVANCED LEVEL
SCORES BASED ON ALTERNATE ASSESSMENTS AND ALTERNATE
ACHIEVEMENT STANDARDS FOR STUDENTS WITH THE MOST
SIGNIFICANT COGNITIVE DISABILITIES THAT MAY BE COUNTED
FOR PURPOSES OF CALCULATING ADEQUATE YEARLY PROGRESS FOR
SCHOOLS, LOCAL EDUCATIONAL AGENCIES, AND STATES.
Not later than 30 days after the date of the enactment of this Act,
the Secretary of Education shall revise section 200.13(c) of title 34,
Code of Federal Regulations, to raise to three percent from one percent
the number of proficient and advanced level scores based on alternate
assessments and alternate achievement standards for students with the
most significant cognitive disabilities that may be counted for
purposes of calculating adequate yearly progress (as such term is
defined in section 1111(b)(2)(C) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311(b)(2)(C))) for schools, local
educational agencies, and States.
SEC. 2. DECREASE IN PERCENTAGE OF STUDENTS WHO MEET OR EXCEED THE
PROFICIENT LEVEL OF ACADEMIC ACHIEVEMENT ON STATE
ASSESSMENTS REQUIRED TO CALCULATE ADEQUATE YEARLY
PROGRESS FOR SCHOOLS.
Section 1111(b)(2)(I)(i) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6311(b)(2)(I)(i)) is amended by striking
``decreased by 10 percent'' and inserting ``decreased by 7 percent''.
SEC. 3. EXCLUSION FOR SECOND YEAR OF LIMITED ENGLISH PROFICIENCY
STUDENTS FROM ADEQUATE YEARLY PROGRESS CALCULATIONS.
Not later than 30 days after the date of the enactment of this Act,
the Secretary of Education shall issue policy guidance directing that
the assessment results of first-year and second-year limited English
proficiency students who are recently resettled refugees (as determined
by the Secretary in consultation with the Secretary of Homeland
Security) and who take the reading/language arts assessment are not
required to be included in adequate yearly progress determinations,
even if such students have been enrolled in the school or district for
one or two full academic years as defined by the State.
SEC. 4. EFFECTIVE DATE.
The regulations promulgated pursuant to section 1, the amendment
made by section 2, and the policy guidance issued pursuant to section 3
shall apply beginning with the first academic year that begins after
the date of the enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and the Workforce.
Referred to the Subcommittee on Education Reform.
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