To amend part A of title I of the Elementary and Secondary Education Act of 1965 regarding adequate yearly progress and assessments.

Summary: 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.

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''.