No Child Left Behind Improvements Act of 2006 - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to alter requirements for adequate yearly progress (AYP) assessments of student groups by: (1) allowing states to vary the number of students sufficient for such an assessment from local educational agency (LEA) to LEA and from school to school; (2) lowering the percentage of students in a failing group who must show improvement from the preceding year for a school to avoid corrective action; (3) changing the method of counting students in more than one group; (4) allowing states to use alternative methods of defining AYP; (5) exempting a higher percentage of students from such assessments; (6) giving states greater flexibility in the use of alternate assessments for disabled students and those not proficient in English; and (7) allowing multiple assessments of the same student in a school year and measurement of the achievement of students as if they were in their prior grade. Provides that a state's intermediate academic achievement goals need not increase in equal increments for all groups.
Requires that states be given maximum flexibility in devising academic improvement plans.
Limits the implementation of sanctions to schools and LEAs that fail AYP standards in the same subject for the same group for two consecutive school years, and the provision of school transfers and supplemental services to students in the group who failed AYP standards. Provides further exceptions to and conditions on the application of corrective actions.
Involves LEAs in the choice and critique of supplemental service providers as well as the provision of such services.
Authorizes states, LEAs, and schools to defer implementation of certain corrective actions in any fiscal year when the amount appropriated under ESEA and the Individuals with Disabilities Act does not equal or exceed a specified authorized amount.
Applies AYP assessments to private schools receiving benefits under ESEA. Allows states to deny such benefits to private schools that fail state AYP standards for three consecutive years and underperform local public schools.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5709 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 5709
To amend the Elementary and Secondary Education Act of 1965, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 28, 2006
Mr. Young of Alaska 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, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``No Child Left
Behind Improvements Act of 2006''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. References.
TITLE I--MEASURING ADEQUATE YEARLY PROGRESS
Sec. 101. Measuring adequate yearly progress of groups.
Sec. 102. Intermediate goals need not increase in equal increments for
all groups.
Sec. 103. Alternative approaches to measuring adequate yearly progress.
Sec. 104. Participation of students in assessments.
Sec. 105. Students with disabilities requiring alternate assessments.
Sec. 106. Assessments.
Sec. 107. Regulations.
TITLE II--STATE FLEXIBILITY
Sec. 201. State flexibility.
TITLE III--IMPLEMENTATION OF SANCTIONS
Sec. 301. School improvement and public school choice.
Sec. 302. School district improvement.
Sec. 303. Supplemental services.
Sec. 304. Full implementation.
TITLE IV--NON-PUBLIC SCHOOLS
Sec. 401. Participation of children enrolled in private schools.
TITLE V--EFFECTIVE DATE AND REGULATIONS
Sec. 501. Effective date.
Sec. 202. Regulations.
SEC. 2. REFERENCES.
Except as otherwise specifically provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or a
repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of the Elementary
and Secondary Education Act of 1965 (42 U.S.C. 6200 et seq.).
TITLE I--MEASURING ADEQUATE YEARLY PROGRESS
SEC. 101. MEASURING ADEQUATE YEARLY PROGRESS OF GROUPS.
(a) ``N'' Size May Vary by Size of School or LEA.--The following
provisions are each amended by inserting after ``reliable information''
the following: ``(the `number' required to be `insufficient' being
greater, at the option of the State, for a local educational agency
than for a school, and varying, at the option of the State, from agency
to agency and school to school in proportion to total enrollment)'':
(1) In section 1111 (20 U.S.C. 6311)--
(A) subsection (b)(2)(C)(v), in the matter after
subclause (II)(dd);
(B) subsection (b)(2)(I)(ii);
(C) subsection (b)(3)(C)(xiii); and
(D) subsection (h)(C)(i).
(2) Section 1431(b) (20 U.S.C. 6471(b)).
(b) Permitting Fewer Students in Group to Demonstrate Progress to
Meet AYP ``Safe Harbor''.--Section 1111 (20 U.S.C. 6311) is further
amended in subsection (b)(2)(I)(i) by striking ``10 percent'' and
inserting ``5 percent''.
(c) Counting Students Who Are in More Than One Group.--Section 1111
(20 U.S.C. 6311) is further amended in subsection (b)(2) by adding at
the end the following:
``(L) Counting students who are in more than one
group.--For the purpose of determining adequate yearly
progress, the State may establish a uniform procedure
for counting students under which a student who belongs
to more than one of the groups described in
subparagraph (C)(v) is counted toward each such group
to which the student belongs as a fraction of 1
student, the numerator of the fraction being 1 and the
denominator being the number of such groups to which
the student belongs.''.
SEC. 102. INTERMEDIATE GOALS NEED NOT INCREASE IN EQUAL INCREMENTS FOR
ALL GROUPS.
Section 1111 (20 U.S.C. 6311) is further amended in subsection
(b)(2)(H)(i)--
(1) by striking ``in equal increments''; and
(2) by inserting before the semicolon at the end the
following: ``in--
``(aa) increments defined by the
State as appropriate for the group, for
each of the groups of students
described in subparagraph (C)(v); and
``(bb) equal increments, for all
other students.''.
SEC. 103. ALTERNATIVE APPROACHES TO MEASURING ADEQUATE YEARLY PROGRESS.
(a) Expansion of AYP to Include Gain Scores and Partial Credit for
Meeting Basic Targets.--Section 1111 (20 U.S.C. 6311) is further
amended in subsection (b)(2)(C)(vii) by inserting after ``such as'' the
following: ``achievement under a `gain score' approach (such as a
value-added system), progress toward meeting basic proficiency
targets,''.
(b) Alternatives to AYP.--Such section is further amended in
subsection (b)(2) by adding at the end the following:
``(M) Alternate methods of defining adequate yearly
progress.--In lieu of defining adequate yearly progress
under subparagraph (C), the State may define adequate
yearly progress in any manner that--
``(i) uses the measures of performance and
progress described in subparagraph (A);
``(ii) complies with the timeline required
by subparagraph (F); and
``(iii) includes intermediate goals, as
required by subparagraph (H).''.
SEC. 104. PARTICIPATION OF STUDENTS IN ASSESSMENTS.
(a) Percentage of Students Required to Take Assessments.--Section
1111 (20 U.S.C. 6311) is further amended in subsection (b)(2)(I)(ii)--
(1) by striking ``95 percent'' the first place such term
appears and inserting ``a percentage (from 90 to 95 percent,
based on criteria established in the State plan)''; and
(2) by striking ``95 percent'' the second place such term
appears and inserting ``percentage''.
(b) Determining Participation Rates.--Section 1111 (20 U.S.C. 6311)
is further amended in subsection (b)(2) by adding at the end the
following:
``(N) Students exempt from participating in
assessments.--For the purpose of determining compliance
with the percentage required by subparagraph (I)(ii),
the State may provide for a student to be excluded from
the determination with respect to an assessment if any
of the following apply:
``(i) Excused absence.--The student did not
take that assessment by reason of--
``(I) a medical condition;
``(II) a parental decision to
exempt the student, if such a decision
is available under, and exercised
pursuant to, State law; or
``(III) a circumstance out of the
control of the student, school, or
local educational agency, such as a
natural disaster.
``(ii) Chronic non-attendance.--Each of the
following is true:
``(I) The student did not take the
assessment and has demonstrated an
unusual and chronic pattern of non-
attendance, as defined by the State.
``(II) The local educational agency
in which the student is enrolled is
implementing a plan to increase
participation in the assessments by
students demonstrating such a pattern
of non-attendance.
``(O) Students assigned `below basic' score by
default.--For the purpose of determining adequate
yearly progress, and for the purpose of determining
compliance with the percentage required by subparagraph
(I)(ii), a student who does not take an assessment and
who is not excluded under subparagraph (N) may, if the
State plan so provides, be treated as having taken the
assessment and having achieved a score below the level
described in paragraph (1)(D)(ii)(III) (below
basic).''.
SEC. 105. STUDENTS WITH DISABILITIES REQUIRING ALTERNATE ASSESSMENTS.
Section 1111 (20 U.S.C. 6311) is further amended in subsection
(b)(2) by adding at the end the following:
``(P) Students with disabilities requiring
alternate assessments.--Consistent with subsection
(n)(3), a State may implement the amendments made to
part 200 of title 34, Code of Federal Regulations, on
December 9, 2003 (68 Fed. Reg. 68698) (related to
achievement of students with significant cognitive
disabilities) as if such amendments--
``(i) permitted 3 percent of such students
to be counted for the purposes of determining
adequate yearly progress, except that--
``(I) any assessment given to any
such student for the purposes of
determining such adequate yearly
progress must be required by the
individualized education plan of such
student;
``(II) the individualized education
plan must reflect the need for any such
alternate assessment based on the
evaluation of such student and the
services provided such student under
section 614 of the Individuals with
Disabilities Education Act (42 U.S.C.
1400 et seq.); and
``(III) the individualized
education plan must include written
consent from the parent of such student
prior to such alternate assessment
being administered;
``(ii) used the term `students requiring
alternate assessments' in lieu of the term
`students with the most significant cognitive
disabilities'; and
``(iii) permitted the eligibility of such
students to be determined by the State
educational agency, except that such
eligibility shall, at a minimum, include--
``(I) students who are receiving
services pursuant to a plan required
under section 504 of the Rehabilitation
Act of 1973 and part 104 of title 34,
Code of Federal Regulations;
``(II) students who are assessed at
a grade level below the grade level in
which they are enrolled (out of level
assessments); and
``(III) include students considered
students with the most significant
cognitive disabilities, as defined by
the state educational agency, prior to
the enactment of the No Child Left
Behind Improvements Act of 2006.''.
SEC. 106. ASSESSMENTS.
Section 1111(b)(3)(C) (20 U.S.C. 6311(b)(3)(C)) is amended--
(1) in clause (ix) by striking subclause (III) and
inserting the following:
``(III) the inclusion of limited
English proficient students, who--
``(aa) may, consistent with
paragraph (2)(P), be assessed,
as determined by the local
educational agency, through the
use of an assessment which
requires achievement of
specific gains for up to three
school years from the first
year any such student is
assessed for the purposes of
this subsection;
``(bb) may, at the option
of the State educational
agency, be assessed in the
first year any such student
attended school in the United
States (not including Puerto
Rico);
``(cc) shall not be
included in any calculation of
adequate yearly progress when
such students are in the first
year of attending school in the
United States (not including
Puerto Rico); and
``(dd) shall be assessed in
a valid and reliable manner and
provided reasonable
accommodations on assessments
administered to such students
under this paragraph,
including, to the extent
practicable, assessments in the
language and form most likely
to yield accurate data on what
such students know and can do
in academic content areas,
until such students have
achieved English language
proficiency as determined under
paragraph (7);'';
(2) in clause (xiv) by striking ``and'' at the end;
(3) by redesignating clause (xv) as clause (xvii); and
(4) by inserting after clause (xiv) the following:
``(xv) at the option of the local
educational agency, be administered multiple
times to any such student during the school
year, provided that the local educational
agency shall determine which score of any such
administration be used for determining adequate
yearly progress;
``(xvi) at the option of the school
district, measure the achievement of a student
as if such student were in the grade level
proceeding the grade level of such student,
provided that--
``(I) if such student meets the
proficient level of achievement for
such proceeding grade level, such score
shall be used to determine adequate
yearly progress for such proceeding
grade level; and
``(II) if such student does not
meet the proficient level of
achievement for such proceeding grade
level, such score is not used for the
purposes of determining adequate yearly
progress; and''.
SEC. 107. REGULATIONS.
Section 1111 (20 U.S.C. 6311) is further amended by adding at the
end the following:
``(o) Regulations.--
``(1) Codification of regulations affecting limited english
proficient children.--This part shall be implemented consistent
with amendments proposed to part 200 of title 34, Code of
Federal Regulations, on June 24, 2004 (69 Fed. Reg. 35462)
(relating to the assessment of limited English proficient
children and the inclusion of limited English proficient
children in subgroups) as if such amendments permitted students
who were previously identified as limited English proficient to
be included in the group described in subsection
(b)(2)(C)(v)(II)(dd) for three additional years, as determined
by a local educational agency (based on the individual needs of
a child) for the purposes of determining adequate yearly
progress.
``(2) Issuance of regulations affecting children with
disabilities.--The Secretary shall issue regulations not later
than 180 days after the date of the enactment of the No Child
Left Behind Improvements Act of 2006 regarding the
participation of children with disabilities under this part.
Such regulations shall permit a State to include, for up to
three years, students who were children with disabilities as
part of the group described under section
1111(b)(2)(C)(v)(II)(cc) but who are no longer identified as
children with disabilities. Students with disabilities may be
provided an alternate assessment, including an out of level
assessment, if deemed appropriate by the individual education
plan team for that student and included within the written
individual education plan for that student.''.
TITLE II--STATE FLEXIBILITY
SEC. 201. STATE FLEXIBILITY.
Section 1111 (20 U.S.C. 6311) is amended--
(1) by redesignating subsections (f) through (m) as
subsections (g) through (n); and
(2) by inserting after subsection (e) the following:
``(f) State Flexibility.--
``(1) Plans.--In approving plans under subsection (e), the
Secretary shall accord a State maximum flexibility to make such
plans and any revisions compatible with the accountability
system of such State.
``(2) Waivers.--Through the authority provided under part D
of title IX, the Secretary may grant a waiver of any statutory
or regulatory requirement of this part requested by a State
educational agency or local educational agency.
``(3) Notification.--Not later than 30 days after the
approval of any revisions to the plan of a State, or the
granting of any waivers described under paragraph (2), the
Secretary shall notify each State educational agency of such
revision or waiver and, through the website of the Department
of Education and the Federal Register, the public. The
notification described in the preceding sentence shall be in
writing and include a clear and complete explanation of such
revision or wavier.
``(4) Applicability of plan revisions and waivers to other
agencies.--A revision to a plan approved under this part or a
waiver issued under this subsection or under part D of title IX
may be applied in any other State or local educational agency,
provided the State or agency meets any requirements issued by
the Secretary applicable to such revision or waiver as
implemented by such State or agency.''.
TITLE III--IMPLEMENTATION OF SANCTIONS
SEC. 301. SCHOOL IMPROVEMENT AND PUBLIC SCHOOL CHOICE.
Section 1116(b) (20 U.S.C. 6316(b)) is amended--
(1) in paragraph (1)(A) by inserting after ``2 consecutive
years'' the following: ``(in the same subject for the same
group of students, as described in section 1111(b)(2)(C)(v))'';
(2) in paragraph (1)(E)(i)--
(A) by striking ``In the case'' and inserting
``Consistent with subparagraph (G), in the case'';
(B) by striking ``all students enrolled in the
school'' and inserting ``students who failed to meet
the proficient level of achievement on the assessments
described under section 1111(b)(3) and are in the group
whose academic performance caused the identification
under this paragraph''; and
(C) by striking ``another public school'' and
inserting ``one other public school identified and'';
(3) in paragraph (1)(E) by adding at the end the following:
``(iii) Special conditions.--A local
educational agency shall not be required to
implement the transfer of a student to a school
under this subparagraph if doing so would--
``(I) violate a State or local law
or policy relating to health, safety,
or class size;
``(II) result in overcrowding, the
installation of mobile classrooms,
construction of classrooms, or other
significant capital improvements in
that school; or
``(III) be impractical due to
distance, geographical barriers or
hazards, time of travel, or unusually
high cost of travel.''; and
(4) in paragraph (1) by adding at the end the following:
``(G) Options.--A local educational agency may
offer supplemental services as described in subsection
(e) in place of the option to transfer to one or more
public schools described in subparagraph (E) for the
purposes of meeting the requirements of paragraphs
(5)(A), (7)(C)(i), or (8)(A)(i).'';
(5) in paragraph (5) by inserting after ``adequate yearly
progress'' the following: ``(in the same subject for the same
group of students)'';
(6) in paragraph (7)(C) by inserting after ``adequate
yearly progress'' the following: ``(in the same subject for the
same group of students)'';
(7) in paragraph (7)(C)(i)--
(A) by striking ``all''; and
(B) by striking ``another'' and inserting ``an
other'';
(8) in paragraph (7) by amending subparagraph (D) to read
as follows:
``(D) Delay.--Notwithstanding any other provision
of this paragraph, the local educational agency may
delay, for a period not to exceed 1 year,
implementation of the requirements under paragraph (5),
corrective action under this paragraph, or
restructuring under paragraph (8) if the school makes
adequate yearly progress for 1 year or if its failure
to make adequate yearly progress is due to--
``(i) exceptional or uncontrollable
circumstances, such as a natural disaster;
``(ii) a precipitous and unforeseen decline
in the financial resources of the local
educational agency or school; or
``(iii) a sudden or significant increase in
the number of percentage of students
represented by a group described in section
1111(b)(2)(C)(v).
No such period shall be taken into account in
determining the number of consecutive years of failure
to make adequate yearly progress.'';
(9) in paragraph (8)(A) by inserting after ``adequate
yearly progress'' the following: ``in the same subject for the
same group of students and the total number of students who did
not meet or exceed the proficient level of academic achievement
(who are members of a group described in section
1111(b)(2)(C)(v)) exceed 35 percent of all students enrolled in
such school who took the assessment in such subject'';
(10) in paragraph (8)(A)(i)--
(A) by striking ``all''; and
(B) by striking ``another'' and inserting ``an
other''; and
(11) in paragraph (13) by striking ``is no longer
identified'' and all that follows through the period at the end
and inserting the following: ``has made adequate yearly
progress for the group in which the child is a member in the
same subject for which a failure to meet adequate yearly
progress triggered the transfer.''.
SEC. 302. SCHOOL DISTRICT IMPROVEMENT.
Section 1116(c)(10) (20 U.S.C. 6316(c)(10)) is amended--
(1) in subparagraph (B) by amending clause (ii) to read as
follows:
``(ii) shall take corrective action with
respect to a local educational agency--
``(I) that fails to make adequate
yearly progress, as defined by the
State, in the same subject and averaged
across all grades and in at least one
grade span (as determined by the State)
for a group described in section
1111(b)(2)(C)(v) by the end of the
second full school year after the
identification of such agency under
paragraph (3); and
``(II) whose total number of
students (who are members of a group
described in section 1111(b)(2)(C)(v))
that did not meet or exceed the
proficient level of academic
achievement exceed 35 percent of all
students enrolled in a school in such
agency who took the assessment in such
subject and averaged across all grades;
and''.; and
(2) by amending subparagraph (F) to read as follows:
``(F) Delay.--Notwithstanding subparagraph (B)(ii),
a State educational agency may delay, for a period not
to exceed 1 year, implementation of corrective action
under this paragraph if the local educational agency
makes adequate yearly progress for 1 year or its
failure to make adequate yearly progress is due to--
``(i) exceptional or uncontrollable
circumstances, such as a natural disaster;
``(ii) a precipitous and unforeseen decline
in the financial resources of the local
educational agency; or
``(iii) a sudden or significant increase in
the number or percentage of students
represented by any group described in section
1111(b)(2)(C)(v).''.
SEC. 303. SUPPLEMENTAL SERVICES.
Section 1116(e) (20 U.S.C. 6316(e)) is amended--
(1) in paragraph (4)--
(A) in subparagraph (B), by inserting after
``objective criteria'' the following: ``(developed
through continuous consultation with local educational
agencies in the State)'';
(B) in subparagraph (D) by striking ``and'' at the
end;
(C) in subparagraph (E) by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following:
``(F) Develop procedures by which a local
educational agency may--
``(i) present complaints and documentation
of such complaints to the State educational
agency regarding the qualifications, operation,
and evaluation of approved providers and
potential providers seeking such approval; and
``(ii) demonstrate to the State educational
agency that any provider should not be
authorized to provide supplemental services, as
described in this subsection to any school or
schools under the jurisdiction of that local
education agency.'';
(2) by redesignating paragraph (12) as paragraph (13); and
(3) by inserting after paragraph (11) the following:
``(12) Local educational agencies as providers.--Nothing in
this section prohibits a local educational agency that has
failed to make adequate yearly progress or is in improvement,
corrective action, or restructuring status pursuant to
subsection (c) from providing supplemental services, solely due
to such failure. In developing and applying objective criteria
under paragraph (4)(B) and withdrawing approval for providers
under paragraph (4)(D), a State educational agency may not
consider whether a local educational agency made adequate
yearly progress or its status under subsection (c).''.
SEC. 304. FULL IMPLEMENTATION.
Section 1116 (20 U.S.C. 6316) is amended by adding at the end the
following:
``(i) Conditional Implementation.--Notwithstanding any other
provision of this section, a State educational agency, local
educational agency, or school, as applicable, may defer the
requirements of subsections (b)(7) and (8) and subsections (c)(7) and
(10) in any fiscal year in which the amount appropriated under section
1002(a) and section 611(i) of the Individuals with Disabilities
Education Act (42 U.S.C. 1400 et seq.) does not equal or exceed the
amount authorized under such section for such fiscal year. For the
purpose of determining the amounts necessary in the preceding sentence
(and only for that purpose), starting with fiscal year 2008, the amount
authorized to be appropriated under such section 1002(a) shall be
$2,500,000,000 more than such amount for the preceding fiscal year.''.
TITLE IV--NON-PUBLIC SCHOOLS
SEC. 401. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS.
Section 1120 (20 U.S.C. 6320) is amended--
(1) in subsection (b)(1)(D) by inserting after
``academically assessed'' the following: ``(consistent with
subsection (f))''; and
(2) by adding at the end the following:
``(f) Accountability for Children Enrolled in Private Schools.--
``(1) In general.--Notwithstanding section 9506(a), as
specifically provided for in this subsection, children enrolled
in private elementary schools and secondary schools that
receive educational services or other benefits under this part
shall participate in the assessments described under section
1111(b)(3).
``(2) Reporting.--
``(A) The State educational agency shall report the
results of the assessments taken by students in private
elementary and secondary schools by grade and subject
to--
``(i) the private elementary or secondary
school that such students attend; and
``(ii) the local educational agency in
which the such private school is geographically
located in a manner and extent that is
consistent with the provisions of section
1111(i) and the function of the local
educational agency under section 1120(b).
``(B) A private elementary or secondary school
shall report the assessment results received from the
State educational agency under subparagraph (A) to the
parents of students enrolled in such school who receive
services under this part in writing and in the native
language of the parent in a manner and extent
consistent with the provisions of subsection 1111(i).
``(3) Effectiveness of services.--Based on the results of
the assessments described under paragraph (1), a State
educational agency may determine that such services received by
children under this section be ceased in schools when such
results, compared to a comparable cohort of children enrolled
in a public school in the school district of the local
educational agency, are significantly lower and such schools do
not meet the definition of adequate yearly progress established
by the State in which the private school is located for 3 or
more consecutive years.''.
TITLE V--EFFECTIVE DATE AND REGULATIONS
SEC. 501. EFFECTIVE DATE.
Except as specifically provided in this Act, the amendments made by
this Act shall be effective upon the first July 1 after the date of the
enactment of this Act.
SEC. 202. REGULATIONS.
The Secretary of Education shall issue regulations as necessary to
implement the provisions of this Act not later than 180 days after the
date of the enactment of this Act.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E1297-1298)
Referred to the House Committee on Education and the Workforce.
Referred to the Subcommittee on Education Reform.
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