Every Child Counts Act

Summary: Every Child Counts Act Amends the school improvement program under part A of title I of the Elementary and Secondary Education Act of 1965 to allow states to establish alternate academic achievement standards and assessments for students who have the most significant cognitive disabilities. Requires the alternate standards to meet certain conditions, including that they:  are aligned with the state's challenging academic content and achievement standards; provide access to the general curriculum for the grade in which the student is enrolled; and establish, at a minimum, two levels of achievement (on-target and advanced) that indicate that a student meets or exceeds the state's proficient level of academic achievement; and establish, at a minimum, a third level of achievement (catch-up) that provides information about a student's progress toward proficiency.  Requires each state using alternate assessments to ensure that: (1) not more than 1% of the total number of all students in each grade level in the state who are assessed in a subject are assessed using the alternate assessments, (2) the state's regular academic assessments remain accessible to all students, and (3) the alternate assessments are peer reviewed and based on the best available evidence. Allows each state to count students who are determined to be proficient using such alternate assessments in its determination of the percentage of the state's students who are meeting or exceeding the state's academic content and achievement standards. Requires states' annual report cards to: (1) include the number and percentage of disabled students who take the alternate assessments; and (2) break that information down by grade, subject matter, and disability type.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Every Child Counts Act''.

SEC. 2. ALTERNATE STANDARDS AND ASSESSMENTS FOR STUDENTS WITH THE MOST 
              SIGNIFICANT COGNITIVE DISABILITIES.

    Section 1111 of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 6311) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (B), by striking 
                        ``The'' and inserting ``Except as provided in 
                        subparagraph (G), the''; and
                            (ii) by adding at the end the following:
                    ``(G) Alternate academic achievement standards for 
                students with the most significant cognitive 
                disabilities.--
                            ``(i) In general.--The State may, through a 
                        documented and validated standards-setting 
                        process, adopt alternate academic achievement 
                        standards in any subject included in the 
                        State's accountability system under paragraph 
                        (2) for students with the most significant 
                        cognitive disabilities, if such alternate 
                        academic achievement standards--
                                    ``(I) are aligned with the State 
                                challenging academic content standards 
                                and challenging student academic 
                                achievement standards;
                                    ``(II) provide access to the 
                                general curriculum for the grade in 
                                which the student is enrolled;
                                    ``(III) are vertically aligned to 
                                ensure that a student who achieves at 
                                the on-target or advanced level under 
                                subclause (VI) signifies that the 
                                student is on track to access a 
                                postsecondary education or achieve 
                                competitive integrated employment, as 
                                defined under section 3 of the 
                                Workforce Innovation and Opportunity 
                                Act (Public Law 113-128; 128 Stat. 
                                1425);
                                    ``(IV) are supported by evidence-
                                based learning progressions to age and 
                                grade-level performance;
                                    ``(V) are designated in the 
                                individualized education program 
                                developed under section 614(d)(3) of 
                                the Individuals with Disabilities 
                                Education Act for each such student as 
                                the academic achievement standard that 
                                will be used for the student; and
                                    ``(VI) establish, at a minimum--
                                            ``(aa) 2 levels of high 
                                        achievement (on-target and 
                                        advanced) that indicate that a 
                                        student with the most 
                                        significant cognitive 
                                        disabilities meets or exceeds 
                                        the State's proficient level of 
                                        academic achievement under 
                                        paragraph (2)(L) as measured by 
                                        performance on alternate 
                                        assessments under paragraph 
                                        (3)(E); and
                                            ``(bb) a third level of 
                                        achievement (catch-up) that 
                                        provides information about the 
                                        progress of a student with the 
                                        most significant cognitive 
                                        disabilities toward meeting the 
                                        State's proficient level of 
                                        academic achievement under 
                                        paragraph (2)(L) as measured by 
                                        performance on alternate 
                                        assessments under paragraph 
                                        (3)(E).
                            ``(ii) Prohibition on any other alternate 
                        or modified standards.--A State shall not 
                        develop, or implement for use, under this part 
                        any alternate or modified academic achievement 
                        standards for students who are children with 
                        disabilities that are not alternate academic 
                        achievement standards that meet the 
                        requirements of clause (i).'';
                    (B) in paragraph (2), by adding at the end the 
                following:
                    ``(L) Students with the most significant cognitive 
                disabilities.--In determining the percentage of 
                students meeting or exceeding the State's proficient 
                level of academic achievement on the State assessments, 
                a State educational agency may include, for all schools 
                in the State, the performance of the State's students 
                with the most significant cognitive disabilities on 
                alternate assessments as described in paragraph (3)(E) 
                in the subjects included in the State's accountability 
                system, consistent with the 1 percent limitation of 
                paragraph (3)(E)(i).'';
                    (C) in paragraph (3), by adding at the end the 
                following:
                    ``(E) Alternate assessments for students with the 
                most significant cognitive disabilities.--A State may 
                provide alternate assessments that are aligned with 
                alternate academic achievement standards described in 
                paragraph (1)(G) for students with the most significant 
                cognitive disabilities, if the State--
                            ``(i) ensures that for each subject, the 
                        total number of students in each grade level 
                        assessed in such subject using the alternate 
                        assessments does not exceed 1 percent of the 
                        total number of all students in such grade 
                        level in the State who are assessed in such 
                        subject;
                            ``(ii) certifies, consistent with section 
                        612(a)(16)(A) of the Individuals with 
                        Disabilities Education Act, that the State's 
                        regular academic assessments are universally 
                        designed to be accessible to students, 
                        including students with sensory, physical, and 
                        intellectual disabilities, through the 
                        provision of accommodations that produce valid 
                        results; and
                            ``(iii) ensures that such alternate 
                        assessments are peer reviewed and based on the 
                        best available evidence.''; and
            (2) in subsection (h)(1)(C)--
                    (A) in clause (vii), by striking ``and'' after the 
                semicolon;
                    (B) in clause (viii), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
                            ``(ix) the number and percentage of 
                        students with disabilities who take an 
                        alternate assessment under subsection 
                        (b)(3)(E), by grade, subject, and type of 
                        disability, as outlined in section 602(3) of 
                        the Individuals with Disabilities Education 
                        Act.''.