I 

110TH CONGRESS 

1ST SESSION H. R. 2070 

To amend part A of title I of the Elementary and Secondary Education 

Act of 1965 regarding adequate yearly progress and assessments. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 26, 2007 

Mr. UDALL of Colorado introduced the following bill; which was referred to 

the Committee on Education and Labor 

A BILL 

To amend part A of title I of the Elementary and Secondary 

Education Act of 1965 regarding adequate yearly 

progress and assessments. 

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 ‘‘Comprehensive Learn5 ing Assessment for Students and Schools (CLASS) Act’’. 

6 SEC. 2. AMENDMENTS REGARDING ADEQUATE YEARLY 

7 PROGRESS AND ASSESSMENTS. 

8 (a) CONTINUOUS GROWTH MODELS.—Clause (iii) of 

9 section 1111(b)(2)(C) of the Elementary and Secondary 

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


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1 amended by striking ‘‘for all students’’ and inserting ‘‘for 

2 all students, as demonstrated by measures of students’ 

3 progress toward proficiency, including longitudinal 

4 growth’’. 

5 (b) AVERAGING PROCEDURE.—Subparagraph (J) of 

6 section 1111(b)(2) of the Elementary and Secondary Edu7 cation Act of 1965 (20 U.S.C. 6311(b)(2)) is amended 

8 by adding at the end the following: 

9 ‘‘(iv) The State may average data by 

10 other means that are designed to increase 

11 the stability of school-building results from 

12 year to year.’’. 

13 (c) ADEQUATE YEARLY PROGRESS BY GROUP AND

14 SUBJECT.—Section 1116(b) of the Elementary and Sec15 ondary Education Act of 1965 (20 U.S.C. 6316(b)) is 

16 amended— 

17 (1) in subparagraph (A) of paragraph (1), by 

18 inserting ‘‘with respect to the performance of a par19 ticular group of students described in section 

20 1111(b)(2)(C)(v) in the same academic subject,’’ 

21 after ‘‘that fails, for 2 consecutive years,’’; 

22 (2) in paragraph (5), by inserting ‘‘with respect 

23 to the performance of a particular group of students 

24 described in section 1111(b)(2)(C)(v) in the same 


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1 academic subject,’’ after ‘‘that fails to make ade2 quate yearly progress,’’; 

3 (3) in subparagraph (C) of paragraph (7), by 

4 inserting ‘‘with respect to the performance of a par5 ticular group of students described in section 

6 1111(b)(2)(C)(v) in the same academic subject,’’ 

7 after ‘‘that fails to make adequate yearly progress,’’; 

8 and 

9 (4) in subparagraph (A) of paragraph (8), by 

10 inserting ‘‘with respect to the performance of a par11 ticular group of students described in section 

12 1111(b)(2)(C)(v) in the same academic subject,’’ 

13 after ‘‘continues to fail to make adequate yearly 

14 progress,’’. 

15 (d) MULTIPLE MEASURES.—Subparagraph (A) of 

16 section 1111(b)(2) of the Elementary and Secondary Edu17 cation Act of 1965 (20 U.S.C. 6311(b)(2)) is amended— 

18 (1) at the end of clause (ii), by striking ‘‘and’’; 

19 (2) at the end of clause (iii), by striking the pe20 riod and inserting ‘‘; and’’; and 

21 (3) at the end, by adding the following: 

22 ‘‘(iv) include multiple measures of stu23 dent academic achievement, such as the 

24 proportion of State report card indicators 

25 met, a performance index score, student 


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1 drop-out rate, and a measure based on in2 dividual student achievement gains over 

3 time, disaggregated by each of the groups 

4 of students described in subparagraph 

5 (C)(v).’’. 

6 (e) CUT SCORES.—Clause (ii) of section 

7 1111(b)(1)(D) of the Elementary and Secondary Edu8 cation Act of 1965 (20 U.S.C. 6311(b)(1)(D)) is amend9 ed— 

10 (1) in subclause (II), by striking ‘‘and’’ at the 

11 end; 

12 (2) in subclause (III), by striking the period at 

13 the end and inserting ‘‘; and’’; and 

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

15 ‘‘(IV) take into consideration the 

16 continuum of achievement by children 

17 within the advanced, proficient, and 

18 basic levels of achievement described 

19 in subclauses (II) and (III) and the 

20 yearly progress by children within 

21 such continuum.’’. 

22 (f) NO FIRST SCORE REQUIREMENT.—Clause (iv) of 

23 section 1111(b)(2)(C) of the Elementary and Secondary 

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

25 amended— 


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1 (1) by striking ‘‘(iv) measures’’ and inserting 

2 ‘‘(iv)(I) measures’’; 

3 (2) by inserting ‘‘and’’ after ‘‘in paragraph 

4 (3);’’; and 

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

6 ‘‘(II) if a student takes an assessment 

7 described in paragraph (3) for a particular 

8 subject or grade level more than once, may 

9 use, at the State’s discretion, the student’s 

10 results from subsequent administrations of 

11 the assessment;’’. 

12 (g) LIMITING TRANSFER OPTIONS AND SUPPLE13 MENTAL SERVICES TO STUDENTS FROM FAILING

14 GROUPS.—Section 1116 of the Elementary and Secondary 

15 Education Act of 1965 (20 U.S.C. 6316) is amended— 

16 (1) in paragraphs (1)(E)(i), (5)(A), (7)(C)(i), 

17 and (8)(A)(i) of subsection (b), by striking the term 

18 ‘‘all students enrolled in the school’’ each place such 

19 term appears and inserting ‘‘all students enrolled in 

20 the school, who are members of a group described in 

21 section 1111(b)(2)(C)(v) that fails to make adequate 

22 yearly progress as defined in the State’s plan under 

23 section 1111(b)(2),’’; 

24 (2) in clause (vii) of subsection (c)(10)(C), by 

25 inserting ‘‘, who are members of a group described 


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1 in section 1111(b)(2)(C)(v) that fails to make ade2 quate yearly progress as defined in the State’s plan 

3 under section 1111(b)(2),’’ after ‘‘Authorizing stu4 dents’’; and 

5 (3) in subparagraph (A) of subsection (e)(12), 

6 by inserting ‘‘, who is a member of a group de7 scribed in section 1111(b)(2)(C)(v) that fails to 

8 make adequate yearly progress as defined in the 

9 State’s plan under section 1111(b)(2)’’ after ‘‘under 

10 section 1113(c)(1)’’. 

11 (h) ASSESSMENTS.—Clause (ii) of section 

12 1111(b)(3)(C) of the Elementary and Secondary Edu13 cation Act of 1965 (20 U.S.C. 6311(b)(3)(C)) is amended 

14 to read as follows: 

15 ‘‘(ii) be fully aligned with the State’s 

16 challenging academic content and student 

17 academic achievement standards, be 

18 aligned with curriculum and instruction to 

19 adequately assess the effect of curriculum 

20 and instruction on each such challenging 

21 academic content standard, include indi22 vidual test items (based on technical cri23 teria) that enable students to achieve the 

24 items if the students received appropriate 

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1 tion about student attainment of the 

2 State’s challenging academic content and 

3 student academic achievement standards;’’. 

4 (i) ASSESSING STUDENTS WITH DISABILITIES.— 

5 (1) IN GENERAL.—Subsection (b) of section 

6 1111 of the Elementary and Secondary Education 

7 Act of 1965 (20 U.S.C. 6311) is amended by adding 

8 at the end the following: 

9 ‘‘(11) CHILDREN WITH DISABILITIES.— 

10 ‘‘(A) MODIFICATION OF STANDARDS, AS11 SESSMENTS.—With respect to a child with a 

12 disability, a State plan shall provide for alter13 nate challenging academic content standards 

14 and challenging student academic achievement 

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

16 high standards of academic achievement de17 scribed in paragraph (2)(C)(i), and alternate 

18 yearly student academic assessments described 

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

20 assessments with the child’s individualized edu21 cation program. 

22 ‘‘(B) DETERMINATION OF APPLICABLE AS23 SESSMENT.—In carrying out this paragraph, 

24 consistent with the Individuals with Disabilities 

25 Education Act, the State— 


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1 ‘‘(i) shall allow the individualized edu2 cation program team of each child with a 

3 disability in the State to determine wheth4 er an alternate academic assessment 

5 should be administered to the child in lieu 

6 of the academic assessment otherwise re7 quired by paragraph (3); 

8 ‘‘(ii) shall require the individualized 

9 education program team of the child to se10 lect any such alternate academic assess11 ment from among the alternate assess12 ments included in the State’s plan pursu13 ant to subparagraph (C); and 

14 ‘‘(iii) shall require that any alternate 

15 academic assessment administered to a 

16 child under this paragraph be more ad17 vanced than any such assessment adminis18 tered to the child in a previous school year 

19 under this paragraph. 

20 ‘‘(C) ALTERNATIVE ASSESSMENTS.—Each 

21 State plan shall include alternate academic as22 sessments that may be administered to children 

23 with disabilities for purposes of complying with 

24 this paragraph. 


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

2 term ‘individualized education program’ has the 

3 meaning given to that term in section 602 of 

4 the Individuals with Disabilities Education 

5 Act.’’. 

6 (2) RULE OF CONSTRUCTION.—The amendment 

7 made by paragraph (1) shall be construed as super8 seding the 2.0 percent cap at section 200.13(c)(1) of 

9 title 34, Code of Federal Regulations (imposing a 

10 cap on the number of children with disabilities 

11 whose proficient and advanced scores, although 

12 based on alternate achievement standards, may be 

13 included in calculating adequate yearly progress). 

14 (j) STUDENTS WITH LIMITED ENGLISH PRO15 FICIENCY.—Paragraph (2) of section 1111(b) of the Ele16 mentary and Secondary Education Act of 1965 (20 U.S.C. 

17 6311(b)) is amended by adding at the end the following: 

18 ‘‘(L) STUDENTS WITH LIMITED ENGLISH

19 PROFICIENCY.—Notwithstanding subparagraph 

20 (C)(v), a State may define adequate yearly 

21 progress under subparagraph (C) in a manner 

22 that measures the progress of students with 

23 limited English proficiency— 

24 ‘‘(i) by continuing to include in a 

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1 graph (C)(v) students who attain pro2 ficiency in English; and 

3 ‘‘(ii) by excluding the performance of 

4 students with limited English proficiency 

5 who have resided in the United States for 

6 less than 3 years and for whom native lan7 guage assessments in math and reading or 

8 language arts are not available, so as to 

9 avoid any distortion in measurement re10 sulting from the new arrivals of such stu11 dents.’’. 

12 (k) SEPARATE STARTING POINTS.—Subparagraph 

13 (E) of section 1111(b)(2) (20 U.S.C. 6311(b)(2)) is 

14 amended by striking ‘‘, using data for the 2001–2002 

15 school year,’’ and inserting ‘‘, for each group of students 

16 described in subparagraph (C)(v),’’. 

Æ 


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