I 

110TH CONGRESS 

1ST SESSION H. R. 2166 

To amend the Elementary and Secondary Education Act of 1965 to improve 

the method of determining adequate yearly progress, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 3, 2007 

Mr. MORAN of Kansas (for himself, Mr. STUPAK, and Mr. MOORE of Kansas) 

introduced the following bill; which was referred to the Committee on 

Education and Labor 

A BILL 

To amend the Elementary and Secondary Education Act 

of 1965 to improve the method of determining adequate 

yearly progress, 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 ‘‘Practicality in Edu5 cation Act’’. 

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1 SEC. 2. RESULTS OF LIMITED ENGLISH PROFICIENT STU2 DENTS, WHEN TESTED NOT IN THEIR NATIVE 

3 LANGUAGE, ARE NOT REQUIRED TO BE IN4 CLUDED IN MEASURING ACHIEVEMENT AND 

5 ADEQUATE YEARLY PROGRESS. 

6 Section 1111(b)(3)(C) of the Elementary and Sec7 ondary Education Act of 1965 (20 U.S.C. 6311(b)(3)(C)) 

8 is amended— 

9 (1) in clause (ix), in subclause (III), by striking 

10 ‘‘the inclusion of limited English proficient stu11 dents’’ and inserting ‘‘the inclusion, subject to clause 

12 (xvi), of limited English proficient students’’; 

13 (2) in clause (xiv), by striking ‘‘and’’ at the 

14 end; 

15 (3) in clause (xv), by striking the period at the 

16 end and inserting ‘‘; and’’; and 

17 (4) by adding at the end the following: 

18 ‘‘(xvi) notwithstanding subclause (III) 

19 of clause (ix), the results for limited 

20 English proficient students are not re21 quired, for the first two school years in the 

22 United States, to be included in measuring 

23 achievement under the assessments or in 

24 measuring adequate yearly progress, when 

25 such students are assessed in reading or 

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1 mathematics in a language other than the 

2 native language.’’. 

3 SEC. 3. OPTIONAL EMPLOYMENT OF GROWTH MODEL TO 

4 DETERMINE ADEQUATE YEARLY PROGRESS, 

5 MEASURING THE ACHIEVEMENT OF THE 

6 SAME STUDENTS AND SUBGROUPS FROM 

7 YEAR TO YEAR. 

8 Section 1111(b)(2)(C) of such Act (20 U.S.C. 

9 6311(b)(2)(C)) is amended— 

10 (1) in clause (vi) by striking ‘‘and’’ at the end; 

11 (2) in clause (vii) by striking the period at the 

12 end and inserting ‘‘; and’’; and 

13 (3) by adding at the end the following: 

14 ‘‘(viii) may employ a growth model, 

15 measuring the achievement of the same 

16 students and subgroups from year to 

17 year.’’. 

18 SEC. 4. STUDENTS WITH DISABILITIES TO BE TESTED AT 

19 THE GRADE LEVEL RECOMMENDED BY THEIR 

20 INDIVIDUALIZED EDUCATION PROGRAM. 

21 Section 1111(b)(3)(C)(ix)(II) of such Act (20 U.S.C. 

22 6311(b)(3)(C)(ix)(II)) is amended by inserting before the 

23 semicolon the following: ‘‘, except that 4 percent of such 

24 students who take modified assessments shall be counted 

25 toward proficiency’’. 

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1 SEC. 5. SCHOOL IDENTIFIED AS FAILING HAS ONE YEAR TO 

2 IMPROVE BEFORE STUDENTS MUST BE 

3 GIVEN OPTION TO TRANSFER. 

4 Section 1116(b)(1)(E)(i) of such Act (20 U.S.C. 

5 6311(b)(1)(E)(i)) is amended by striking ‘‘the first day 

6 of the school year following such identification’’ and in7 serting ‘‘the first day of the second school year following 

8 such identification (unless, before such day, the school is 

9 no longer identified for school improvement)’’. 

10 SEC. 6. STUDENTS WHO ARE IN MORE THAN ONE GROUP 

11 COUNT ONLY ONCE. 

12 Section 1111(b)(2) of such Act (20 U.S.C. (b)(2)) is 

13 further amended by adding at the end the following: 

14 ‘‘(L) STUDENTS WHO ARE IN MORE THAN

15 ONE GROUP.—For the purpose of determining 

16 adequate yearly progress, a student who belongs 

17 to more than one of the groups described in 

18 subparagraph (C)(v) shall be counted toward 

19 one such group only.’’. 

20 SEC. 7. ALTERNATIVE QUALIFICATION REQUIREMENTS 

21 FOR SPECIAL EDUCATION TEACHERS AND 

22 RURAL TEACHERS. 

23 Section 9101(23)(B)(ii)(I) of such Act (20 U.S.C. 

24 7801(23)(B)(ii)(I)) is amended by inserting before the 

25 semicolon the following: ‘‘(except that, at the discretion 

26 of the State, a special education teacher or a teacher in 

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1 a rural school may satisfy the requirements of this sub2 clause by passing such a rigorous State academic subject 

3 test in any 1 subject in which the teacher teaches if, with 

4 respect to each other academic subject in which the teach5 er teaches, the teacher works in close consultation, either 

6 in-person or through high-quality distance education or 

7 consultation, with another teacher who is highly qualified 

8 in such other academic subject)’’. 

Æ 

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