I 

108TH CONGRESS 

1ST SESSION H. R. 3049

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 

SEPTEMBER 9, 2003

Mr. STRICKLAND (for himself, Mr. ALLEN, Mr. ROSS, and Mrs. JONES of 

Ohio) introduced the following bill; which was referred to the Committee 

on Education and the Workforce 

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 ‘‘Student Testing Fair5 ness Act of 2003’’. 

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

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

3 all students, as demonstrated by measures of students’ 

4 progress toward proficiency, including longitudinal 

5 growth’’. 

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

7 section 1111(b)(2) of the Elementary and Secondary Edu8 cation Act of 1965 (20 U.S.C. 6311(b)(2)) is amended 

9 by adding at the end the following: 

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

11 other means that are designed to increase 

12 the stability of school-building results from 

13 year to year.’’. 

14 (c) ADEQUATE YEARLY PROGRESS BY GROUP AND

15 SUBJECT.—Section 1116(b) of the Elementary and Sec16 ondary Education Act of 1965 (20 U.S.C. 6316(b)) is 

17 amended—

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

19 inserting ‘‘with respect to the performance of a par20 ticular group of students described in section 

21 1111(b)(2)(C)(v) in the same academic subject,’’ 

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

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

24 to the performance of a particular group of students 

25 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 aligned with the State’s chal16 lenging academic content and student aca17 demic achievement standards, be aligned 

18 with curriculum and instruction to ade19 quately assess the effect of curriculum and 

20 instruction on each such challenging aca21 demic content standard, include individual 

22 test items (based on technical criteria) that 

23 enable students to achieve the items if the 

24 students received appropriate instruction, 

25 and provide coherent information about 
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1 student attainment of the State’s chal2 lenging academic content and student aca3 demic achievement standards;’’. 

4 (i) ASSESSING STUDENTS WITH DISABILITIES.—

5 Clause (ix) of section 1111(b)(3)(C) of the Elementary 

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

7 6311(b)(3)(C)) is amended—

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

9 end; 

10 (2) in subclause (III), by inserting ‘‘and’’ at the 

11 end; and 

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

13 ‘‘(IV) at the discretion of the 

14 State, the assessment of students with 

15 disabilities (as defined in section 

16 602(3) of the Individuals with Dis17 abilities Education Act) whose in18 structional level in the core academic 

19 subjects is below the grade level in 

20 which the student is enrolled, by using 

21 the State assessment determined by 

22 the student’s individualized education 

23 program team (as described in section 

24 614(d)(1)(B) of the Individuals with 

25 Disabilities Education Act) to most 
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1 closely correspond to the student’s in2 structional level;’’. 

3 (j) STUDENTS WITH LIMITED ENGLISH PRO4 FICIENCY.—Paragraph (2) of section 1111(b) of the Ele5 mentary and Secondary Education Act of 1965 (20 U.S.C. 

6 6311(b)) is amended by adding at the end the following: 

7 ‘‘(L) STUDENTS WITH LIMITED ENGLISH

8 PROFICIENCY.—Notwithstanding subparagraph 

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

10 progress under subparagraph (C) in a manner 

11 that measures the progress of students with 

12 limited English proficiency—

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

14 group of students described in subpara15 graph (C)(v) students who attain pro16 ficiency in English; and 

17 ‘‘(ii) by excluding the performance of 

18 students with limited English proficiency 

19 who have resided in the United States for 

20 less than 3 years, so as to avoid any dis21 tortion in measurement resulting from the 

22 new arrivals of such students. ’’. 

23 (k) SEPARATE STARTING POINTS.—Subparagraph 

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

25 amended by striking ‘‘, using data for the 2001–2002 
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1 school year,’’ and inserting ‘‘, for each group of students 

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

3 (l) MINIMUM NUMBER OF STUDENTS WITH DISABIL4 ITIES FOR STATISTICALLY RELIABLE INFORMATION.—

5 The matter following subclause (II) in section 

6 1111(b)(2)(C)(v) is amended by inserting ‘‘, and a State 

7 may determine that such number for a group of students 

8 with disabilities is greater than for other groups of stu9 dents described in this clause’’ after ‘‘information about 

10 any individual student’’.

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