I 

109TH CONGRESS 

1ST SESSION H. R. 2569 

To amend the accountability provisions of the Elementary and Secondary 

Education Act of 1965, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 24, 2005 

Mr. ANDREWS introduced the following bill; which was referred to the 

Committee on Education and the Workforce 

A BILL 

To amend the accountability provisions of the Elementary 

and Secondary Education Act of 1965, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘No Child Left Behind 

5 Improvement Act of 2005’’. 

6 SEC. 2. AMENDMENTS TO ESEA. 

7 (a) HIGHLY QUALIFIED TEACHERS.— 

8 (1) MIDDLE SCHOOL TEACHERS.—Paragraph 

9 (23) of section 9101 of the Elementary and Sec-
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1 ondary Education Act of 1965 (20 U.S.C. 7801) is 

2 amended— 

3 (A) in subclause (II) of subparagraph 

4 (B)(ii), by inserting ‘‘in the case of a secondary 

5 school teacher,’’ before ‘‘successful completion’’; 

6 (B) at the end of subparagraph (B), by 

7 adding the following: 

8 ‘‘(III) in the case of a middle 

9 school teacher, successful completion, 

10 in at least one of the academic sub11 jects in which the teacher teaches, of 

12 an academic major, a graduate de13 gree, coursework equivalent to an un14 dergraduate academic major, or ad15 vanced certification or credentialing 

16 and, in every other academic subject 

17 in which the teacher teaches, of at 

18 least an academic minor;’’. 

19 (C) in subparagraph (C), by striking the 

20 period at the end and inserting a semicolon; 

21 and 

22 (D) by adding at the end the following: 

23 ‘‘(D) when used with respect to a middle 

24 school teacher who was not new to the profes25 sion as of the date of the enactment of the No 
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1 Child Left Behind Act of 2001, means that the 

2 teacher holds at least a bachelor’s degree and— 

3 ‘‘(i) has met the applicable standard 

4 in subparagraph (B)(ii) or (C)(ii); or 

5 ‘‘(ii) satisfies such criteria as the Sec6 retary may establish for demonstrating an 

7 extensive history of teaching experience 

8 and a positive teaching record (including 

9 positive peer reviews and any postgraduate 

10 credits or training); and’’. 

11 (2) SPECIAL EDUCATION AND CORRECTIONS

12 EDUCATION TEACHERS.—Paragraph (23) of section 

13 9101 of the Elementary and Secondary Education 

14 Act of 1965 (20 U.S.C. 7801), as amended by para15 graph (1), is amended— 

16 (A) in clause (ii) of subparagraph (B), by 

17 inserting ‘‘subject to subparagraph (E),’’ before 

18 ‘‘a middle or secondary school teacher’’; and 

19 (B) by adding at the end the following: 

20 ‘‘(E) in lieu of demonstrating for purposes 

21 of subparagraph (B)(ii) a high level of com22 petency in each of the academic subjects in 

23 which a middle or secondary school teacher 

24 teaches— 
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1 ‘‘(i) a middle or secondary school 

2 teacher primarily serving children with dis3 abilities or a middle or secondary school 

4 teacher primarily serving children or youth 

5 described in section 1411 may, for the first 

6 3 school years after the date of the enact7 ment of the No Child Left Behind Im8 provement Act of 2005 or the first 3 

9 school years of such teacher’s teaching ca10 reer, demonstrate such a high level of com11 petency by satisfying the requirements of 

12 subclause (I), (II), or (III) of subpara13 graph (B)(ii) only with respect to special 

14 education or corrections education, respec15 tively; and 

16 ‘‘(ii) notwithstanding the limitation of 

17 3 school years in clause (i), a middle or 

18 secondary school teacher who teaches 3 or 

19 more subjects and exclusively serves chil20 dren with disabilities or a middle or sec21 ondary school teacher who teaches 3 or 

22 more subjects and exclusively serves chil23 dren or youth described in section 1411 

24 may, for as long as the teacher continues 

25 to serve in such capacity, demonstrate such 
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1 a high level of competency by satisfying 

2 the requirements of subclause (I), (II), or 

3 (III) of subparagraph (B)(ii) only with re4 spect to special education or corrections 

5 education, respectively.’’. 

6 (b) ADEQUATE YEARLY PROGRESS.— 

7 (1) STUDENT WITH DISABILITIES.— 

8 (A) MODIFICATION OF STANDARDS, AS9 SESSMENTS.—Subsection (b) of section 1111 of 

10 the Elementary and Secondary Education Act 

11 of 1965 (20 U.S.C. 6311) is amended by add12 ing at the end the following: 

13 ‘‘(11) CHILDREN WITH DISABILITIES.— 

14 ‘‘(A) MODIFICATION OF STANDARDS, AS15 SESSMENTS.—With respect to a child with a 

16 disability, a State plan shall provide for alter17 nate challenging academic content standards 

18 and challenging student academic achievement 

19 standards under paragraph (1)(A), alternate 

20 high standards of academic achievement de21 scribed in paragraph (2)(C)(i), and alternate 

22 yearly student academic assessments described 

23 in paragraph (3), to align such standards and 

24 assessments with the child’s individualized edu25 cation program. 
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1 ‘‘(B) DETERMINATION OF APPLICABLE AS2 SESSMENT.—In carrying out this paragraph, 

3 consistent with the Individuals with Disabilities 

4 Education Act, the State— 

5 ‘‘(i) shall allow the individualized edu6 cation program team of each child with a 

7 disability in the State to determine wheth8 er an alternate academic assessment 

9 should be administered to the child in lieu 

10 of the academic assessment otherwise re11 quired by paragraph (3); 

12 ‘‘(ii) shall require the individualized 

13 education program team of the child to se14 lect any such alternate academic assess15 ment from among the alternate assess16 ments included in the State’s plan pursu17 ant to subparagraph (C); and 

18 ‘‘(iii) shall require that any alternate 

19 academic assessment administered to a 

20 child under this paragraph be more ad21 vanced than any such assessment adminis22 tered to the child in a previous school year 

23 under this paragraph. 

24 ‘‘(C) ALTERNATIVE ASSESSMENTS.—Each 

25 State plan shall include alternate academic as-
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1 sessments that may be administered to children 

2 with disabilities for purposes of complying with 

3 this paragraph. 

4 ‘‘(D) DEFINITION.—In this paragraph, the 

5 term ‘individualized education program’ has the 

6 meaning given to that term in section 602 of 

7 the Individuals with Disabilities Education 

8 Act.’’. 

9 (B) RULE OF CONSTRUCTION.—The 

10 amendment made by this paragraph shall be 

11 construed as superseding the 1.0 percent cap at 

12 section 200.13(c)(1) of title 34, Code of Federal 

13 Regulations (imposing a cap on the number of 

14 children with disabilities whose proficient and 

15 advanced scores, although based on alternate 

16 achievement standards, may be included in cal17 culating adequate yearly progress). 

18 (2) STUDENTS WITH LIMITED ENGLISH PRO19 FICIENCY.—Section 1111(b) of the Elementary and 

20 Secondary Education Act of 1965 (20 U.S.C. 

21 6311(b)) is amended— 

22 (A) in paragraph (2)(C)— 

23 (i) in clause (vi), by striking ‘‘and’’ at 

24 the end; 
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1 (ii) in clause (vii), by striking the pe2 riod at the end and inserting a semicolon; 

3 and 

4 (iii) by adding at the end the fol5 lowing: 

6 ‘‘(viii) notwithstanding the participa7 tion of students with limited English pro8 ficiency in the yearly student academic as9 sessments in mathematics, reading or lan10 guage arts, and science described in para11 graph (3), measures the achievement of 

12 the group of such students based exclu13 sively on the progress of such students in 

14 acquiring English proficiency, as deter15 mined by measuring the progress of such 

16 students on a longitudinal basis, taking 

17 into consideration the performance of such 

18 students on the academic assessments of 

19 English language proficiency required 

20 under paragraph (7); and’’; and 

21 (B) by amending paragraph (6) to read as 

22 follows: 

23 ‘‘(6) STUDENTS WITH LIMITED ENGLISH PRO24 FICIENCY.—In addition to administering to students 

25 with limited English proficiency the yearly student 
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1 academic assessments in mathematics, reading or 

2 language arts, and science described in paragraph 

3 (3), each State plan shall demonstrate that the State 

4 educational agency, in consultation with local edu5 cational agencies, has implemented high-quality, 

6 yearly assessments, including at a minimum the aca7 demic assessments of English language proficiency 

8 required under paragraph (7), for measuring on a 

9 longitudinal basis the progress of each individual 

10 student with limited English proficiency served by 

11 the State educational agency.’’. 

12 (3) LONGITUDINAL MEASUREMENT OF AYP.— 

13 Subsection (b) of section 1111 of the Elementary 

14 and Secondary Education Act of 1965 (20 U.S.C. 

15 6311) is amended— 

16 (A) at the end of paragraph (2)(C), as 

17 amended by paragraph (2), by adding the fol18 lowing: 

19 ‘‘(ix) at the State’s discretion, meas20 ures the progress of public elementary 

21 schools, secondary schools, and local edu22 cational agencies by tracking the progress 

23 of individual students or cohorts of stu24 dents on a longitudinal basis in lieu of, or 

25 in addition to, comparing the proficiency of 
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1 a class of students with the proficiency of 

2 earlier classes of students.’’; and 

3 (B) at the end of subsection (b), as amend4 ed by paragraph (1), by adding the following: 

5 ‘‘(12) LONGITUDINAL PROGRESS OF TRANSFER6 RING STUDENTS.— 

7 ‘‘(A) IN GENERAL.—If a State chooses to 

8 measure adequate yearly progress on a longitu9 dinal basis pursuant to paragraph (2)(C)(ix), 

10 the State may exclude from such measurement 

11 of progress at a school any student who trans12 ferred to that school at the beginning of or dur13 ing the school year involved. 

14 ‘‘(B) STUDENTS WHO FREQUENTLY

15 TRANSFER.—The Secretary by regulation— 

16 ‘‘(i) shall ensure that a State choosing 

17 to measure adequate yearly progress on a 

18 longitudinal basis has in effect a system 

19 for measuring the progress of students who 

20 frequently transfer among schools; and 

21 ‘‘(ii) in the case of a student who at22 tends 3 or more schools in any 5-year pe23 riod, shall provide for the sharing of school 

24 records.’’. 
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1 (4) PERCENTAGE OF STUDENTS REQUIRED TO

2 TAKE ASSESSMENTS.—Clause (ii) of section 

3 1111(b)(2)(I) of the Elementary and Secondary 

4 Education Act of 1965 (20 U.S.C. 6311(b)(2)(I)) is 

5 amended by inserting ‘‘, and except that a school 

6 may satisfy the 95 percent requirement described in 

7 this clause based on a 3-year average of the applica8 ble percentage’’ after ‘‘personally identifiable infor9 mation about an individual student’’. 

10 (5) CONFORMING AMENDMENTS.—Subsection 

11 (b) of section 1111 of the Elementary and Sec12 ondary Education Act of 1965 (20 U.S.C. 6311) is 

13 amended— 

14 (A) in subparagraph (B) of paragraph (1), 

15 by striking ‘‘The academic standards’’ and in16 serting ‘‘Subject to paragraphs (2)(C)(viii), (6), 

17 and (11), the academic standards’’; and 

18 (B) in clause (i) of paragraph (3)(C), by 

19 inserting ‘‘subject to paragraphs (6) and (11),’’ 

20 before ‘‘be the same academic assessments’’. 

21 (c) EFFECTIVE DATE.—The amendments made by 

22 this Act shall apply only with respect to the first school 

23 year beginning after the date of the enactment of this Act 

24 and subsequent school years. 

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