II 

112TH CONGRESS 

1ST SESSION S. 1724 

To amend the Elementary and Secondary Education Act of 1965 regarding 

highly qualified teachers, growth models, adequate yearly progress, Native 

American language programs, and parental involvement, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 17, 2011 

Ms. MURKOWSKI introduced the following bill; which was read twice and 

referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To amend the Elementary and Secondary Education Act 

of 1965 regarding highly qualified teachers, growth models, adequate yearly progress, Native American language 

programs, and parental involvement, 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 ‘‘School Accountability 

5 Improvements Act’’. 


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1 SEC. 2. HIGHLY QUALIFIED TEACHERS IN SMALL, RURAL, 

2 OR REMOTE SCHOOLS. 

3 (a) PURPOSES.—The purposes of this section are— 

4 (1) to ensure that local educational agencies 

5 have flexibility in the ways in which the local edu6 cational agencies may provide instruction in core 

7 academic subjects; 

8 (2) to provide relief to teachers who are as9 signed to teach more than 2 core academic subjects 

10 in small, rural, or remote schools; and 

11 (3) to provide assurances to students that their 

12 instructors will have appropriate knowledge of the 

13 core academic subjects the instructors teach. 

14 (b) HIGHLY QUALIFIED TEACHERS OF MULTIPLE

15 CORE ACADEMIC SUBJECTS IN SMALL SCHOOLS.—Sec16 tion 1119(a) of the Elementary and Secondary Education 

17 Act of 1965 (20 U.S.C. 6319(a)) is amended by adding 

18 at the end the following: 

19 ‘‘(4) SPECIAL RULE FOR SMALL, RURAL, OR RE20 MOTE SCHOOLS.—In the case of a local educational 

21 agency that is unable to provide a highly qualified 

22 teacher to serve as an on-site classroom teacher for 

23 a core academic subject in a small, rural, or remote 

24 school, the local educational agency may meet the 

25 requirements of this section by using distance learn26 ing to provide such instruction by a teacher who is 


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1 highly qualified in the core academic subject, as long 

2 as— 

3 ‘‘(A) the teacher who is highly qualified in 

4 the core academic subject— 

5 ‘‘(i) is responsible for providing at 

6 least 50 percent of the direct instruction in 

7 the core academic subject through distance 

8 learning; 

9 ‘‘(ii) is responsible for monitoring stu10 dent progress; and 

11 ‘‘(iii) is the teacher who assigns the 

12 students their grades; and 

13 ‘‘(B) an on-site teacher who is highly 

14 qualified in a subject other the core academic 

15 subject taught through distance learning is 

16 present in the classroom throughout the period 

17 of distance learning and provides supporting in18 struction and assistance to the students.’’. 

19 (c) SMALL, RURAL, OR REMOTE SCHOOLS.—Section 

20 9101 of the Elementary and Secondary Education Act of 

21 1965 (20 U.S.C. 7801) is amended— 

22 (1) by redesignating paragraphs (41) through 

23 (43) as paragraphs (42) through (44), respectively; 


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1 (2) in the undesignated paragraph following 

2 paragraph (39), by striking ‘‘STATE.—The’’ and in3 serting the following 

4 ‘‘(41) STATE.—The’’; and 

5 (3) by inserting after paragraph (39) the fol6 lowing: 

7 ‘‘(40) SMALL, RURAL, OR REMOTE SCHOOL.— 

8 The term ‘small, rural, or remote school’ means a 

9 school that— 

10 ‘‘(A)(i) is served by a local educational 

11 agency that meets the eligibility requirements of 

12 section 6211(b) or 6221(b)(1)(B); 

13 ‘‘(ii) has an average daily student member14 ship of fewer than 500 students for grades kin15 dergarten through grade 12, inclusive, for the 

16 full school year preceding the school year for 

17 which the determination is being made under 

18 this paragraph; or 

19 ‘‘(iii) has an average daily membership of 

20 fewer than 100 students in grades 7 through 

21 12, inclusive, for such preceding full school 

22 year; and 

23 ‘‘(B) has, as certified by the State edu24 cational agency, been unable, despite reasonable 

25 efforts to do so, to recruit, hire, or retain a sufVerDate Mar 15 2010 03:08 Oct 18, 2011 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1724.IS S1724

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1 ficient number of teachers who are highly quali2 fied in the core academic subjects for the school 

3 year for which the determination is being made 

4 under this paragraph.’’. 

5 SEC. 3. GROWTH MODELS. 

6 Section 1111(b)(2) of the Elementary and Secondary 

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

8 by adding at the end the following: 

9 ‘‘(L) GROWTH MODELS.— 

10 ‘‘(i) IN GENERAL.—In the case of a 

11 State that desires to satisfy the require12 ments of a single, statewide State account13 ability system under subparagraph (A) 

14 through the use of a growth model, the 

15 Secretary shall approve such State’s use of 

16 the growth model if— 

17 ‘‘(I) the State plan ensures that 

18 100 percent of students in each group 

19 described in subparagraph (C)(v)— 

20 ‘‘(aa) meet or exceed the 

21 State’s proficient level of aca22 demic achievement on the State 

23 assessments under paragraph (3) 

24 by the 2013–2014 school year; or 


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1 ‘‘(bb) are making sufficient 

2 progress to enable each student 

3 to meet or exceed the State’s pro4 ficient level on such assessments 

5 for the grade level in which the 

6 student is enrolled not later than 

7 the student’s final year in sec8 ondary school; 

9 ‘‘(II) the State plan complies 

10 with all of the requirements of this 

11 paragraph, except as provided in 

12 clause (ii); 

13 ‘‘(III) the growth model is based 

14 on a fully approved assessment sys15 tem; 

16 ‘‘(IV) the growth model cal17 culates growth in student proficiency 

18 for the purposes of determining ade19 quate yearly progress either by indi20 vidual students or by cohorts of stu21 dents, and may use methodologies, 

22 such as confidence intervals and the 

23 State-approved minimum designa24 tions, that will yield statistically reli25 able data; 


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1 ‘‘(V) the growth model includes 

2 all students; and 

3 ‘‘(VI) the State has the capacity 

4 to track and manage the data for the 

5 growth model efficiently and effec6 tively. 

7 ‘‘(ii) SPECIAL RULE.—Notwith8 standing any other provision of law, for 

9 purposes of any provision that requires the 

10 calculation of a number or percentage of 

11 students who meet or exceed the proficient 

12 level of academic achievement on a State 

13 assessment under paragraph (3), a State 

14 using a growth model approved under 

15 clause (i) shall calculate such number or 

16 percentage by counting— 

17 ‘‘(I) the students who meet or ex18 ceed the proficient level of academic 

19 achievement on the State assessment; 

20 and 

21 ‘‘(II) the students who, as dem22 onstrated through the growth model, 

23 are making sufficient progress to en24 able each student to meet or exceed 

25 the proficient level on the State asVerDate Mar 15 2010 03:08 Oct 18, 2011 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1724.IS S1724

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1 sessment for the student’s cor2 responding grade level not later than 

3 the student’s final year in secondary 

4 school.’’. 

5 SEC. 4. SCHOOL CHOICE AND SUPPLEMENTAL EDU6 CATIONAL SERVICES. 

7 (a) SCHOOL CHOICE AND SUPPLEMENTAL EDU8 CATIONAL SERVICES.—Section 1116(b) of the Elementary 

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

10 6316(b)) is amended— 

11 (1) in paragraph (1)— 

12 (A) by striking subparagraph (E) and in13 serting the following: 

14 ‘‘(E) SUPPLEMENTAL EDUCATIONAL SERV15 ICES.—In the case of a school identified for 

16 school improvement under this paragraph, the 

17 local educational agency shall, not later than 

18 the first day of the school year following such 

19 identification, make supplemental educational 

20 services available consistent with subsection 

21 (e).’’; and 

22 (B) by striking subparagraph (F); 

23 (2) by striking paragraph (5) and inserting the 

24 following: 


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1 ‘‘(5) FAILURE TO MAKE ADEQUATE YEARLY

2 PROGRESS AFTER IDENTIFICATION.— 

3 ‘‘(A) IN GENERAL.—In the case of any 

4 school served under this part that fails to make 

5 adequate yearly progress, as set out in the 

6 State’s plan under section 1111(b)(2), not later 

7 than the first day of the second school year fol8 lowing identification under paragraph (1), the 

9 local educational agency serving such school 

10 shall— 

11 ‘‘(i) provide students in grades 3 

12 through 12 who are enrolled in the school 

13 and who did not meet or exceed the pro14 ficient level on the most recent State as15 sessment in mathematics or in reading or 

16 language arts with the option to transfer 

17 to another public school served by the local 

18 educational agency in accordance with sub19 paragraph (B); 

20 ‘‘(ii) continue to make supplemental 

21 educational services available consistent 

22 with subsection (e)(1); and 

23 ‘‘(iii) continue to provide technical as24 sistance. 


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1 ‘‘(B) PUBLIC SCHOOL CHOICE.—In car2 rying out subparagraph (A)(i) with respect to a 

3 school, the local educational agency serving 

4 such school shall, not later than the first day of 

5 the school year following such identification, 

6 provide all students described in subparagraph 

7 (A)(i) with the option to transfer to another 

8 public school served by the local educational 

9 agency, which may include a public charter 

10 school, that has not been identified for school 

11 improvement under this paragraph, unless such 

12 an option is prohibited by State law. 

13 ‘‘(C) TRANSFER.—Students who use the 

14 option to transfer under subparagraph (A)(i), 

15 paragraph (7)(C)(i) or (8)(A)(i), or subsection 

16 (c)(10)(C)(vii), shall be enrolled in classes and 

17 other activities in the public school to which the 

18 students transfer in the same manner as all 

19 other children at the public school.’’; 

20 (3) in paragraph (7)(C)(i), by striking ‘‘all’’; 

21 and 

22 (4) in paragraph (8)(A)(i), by striking ‘‘all’’. 

23 (b) SUPPLEMENTAL EDUCATIONAL SERVICES PRO24 VIDERS.—Section 1116(e) of the Elementary and SecVerDate Mar 15 2010 03:08 Oct 18, 2011 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1724.IS S1724

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1 ondary Education Act of 1965 (20 U.S.C. 6316(e)) is 

2 amended— 

3 (1) by redesignating paragraph (12) as para4 graph (13); 

5 (2) by inserting after paragraph (11) the fol6 lowing: 

7 ‘‘(12) RULE REGARDING PROVIDERS.—Notwith8 standing paragraph (13)(B), a local educational 

9 agency identified under subsection (c) that is re10 quired to arrange for the provision of supplemental 

11 educational services under this subsection may serve 

12 as a provider of such services in accordance with 

13 this subsection.’’; and 

14 (3) in paragraph (13)(A) (as redesignated by 

15 paragraph (1)), by inserting ‘‘, who is in any of 

16 grades 3 through 12 and who did not meet or exceed 

17 the proficient level on the most recent State assess18 ment in mathematics or in reading or language 

19 arts’’ before the semicolon. 


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1 SEC. 5. CALCULATING ADEQUATE YEARLY PROGRESS FOR 

2 STUDENTS WITH DISABILITIES AND STU3 DENTS WITH LIMITED ENGLISH PRO4 FICIENCY. 

5 Section 1116 of the Elementary and Secondary Edu6 cation Act of 1965 (as amended by section 4) (20 U.S.C. 

7 6316) is further amended— 

8 (1) by redesignating subsection (h) as sub9 section (i); and 

10 (2) by inserting after subsection (g) the fol11 lowing: 

12 ‘‘(h) PARTIAL SATISFACTION OF AYP.— 

13 ‘‘(1) SCHOOLS.—Notwithstanding this section 

14 or any other provision of law, in the case of a school 

15 that failed to make adequate yearly progress under 

16 section 1111(b)(2) solely because the school did not 

17 meet or exceed 1 or more annual measurable objec18 tives set by the State under section 1111(b)(2)(G) 

19 for the subgroup of students with disabilities or stu20 dents with limited English proficiency, or both such 

21 subgroups— 

22 ‘‘(A) if such school is identified for school 

23 improvement under subsection (b)(1), such 

24 school shall only be required to develop or revise 

25 and implement a school plan under subsection 

26 (b)(3) with respect to each such subgroup that 


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1 did not meet or exceed each annual measurable 

2 objective; and 

3 ‘‘(B) if such school is identified for correc4 tive action or restructuring under paragraph 

5 (7) or (8) of subsection (b), respectively, the 

6 local educational agency serving such school 

7 shall not be required to implement subsection 

8 (b)(7)(C)(iv) or subsection (b)(8)(B), respec9 tively, if the local educational agency dem10 onstrates to the State educational agency that 

11 the school would have made adequate yearly 

12 progress for each assessment and for each such 

13 subgroup for the most recent school year if the 

14 percentage of students who met or exceeded the 

15 proficient level of academic achievement on the 

16 State assessment was calculated by counting— 

17 ‘‘(i) the students who met or exceeded 

18 such proficient level; and 

19 ‘‘(ii) the students who are making suf20 ficient progress to enable each such stu21 dent to meet or exceed the proficient level 

22 on the assessment for the student’s cor23 responding grade level not later than the 

24 student’s final year in secondary school, as 

25 demonstrated through a growth model that 


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1 meets the requirements described in sub2 clauses (III) through (VI) of section 

3 1111(b)(2)(L)(i). 

4 ‘‘(2) LOCAL EDUCATIONAL AGENCIES.—Not5 withstanding this section or any other provision of 

6 law, in the case of a local educational agency that 

7 failed to make adequately yearly progress under sub8 section (c)(1) solely because the local educational 

9 agency did not meet or exceed 1 or more annual 

10 measurable objectives set by the State under section 

11 1111(b)(2)(G) for the subgroup of students with dis12 abilities or students with limited English proficiency, 

13 or both such subgroups— 

14 ‘‘(A) if the local educational agency is 

15 identified for improvement under subsection 

16 (c)(3), the local educational agency shall only be 

17 required to develop or revise and implement a 

18 local educational agency plan under subsection 

19 (c)(7) with respect to each such subgroup that 

20 did not meet or exceed each annual measurable 

21 objective; and 

22 ‘‘(B) if the local educational agency is 

23 identified for corrective action under subsection 

24 (c)(10), the State educational agency shall not 

25 be required to implement such subsection if the 


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1 State educational agency demonstrates to the 

2 Secretary that the local educational agency 

3 would have made adequate yearly progress for 

4 each assessment and for each such subgroup if 

5 the percentage of students who met or exceeded 

6 the proficient level of academic achievement on 

7 the State assessment was calculated by count8 ing— 

9 ‘‘(i) the students who meet or exceed 

10 such proficient level; and 

11 ‘‘(ii) the students who are making suf12 ficient progress to enable each such stu13 dent to meet or exceed the proficient level 

14 on the assessment for the student’s cor15 responding grade level not later than the 

16 student’s final year in secondary school, as 

17 demonstrated through a growth model that 

18 meets the requirements described in sub19 clauses (III) through (VI) of section 

20 1111(b)(2)(L)(i).’’. 

21 SEC. 6. NATIVE AMERICAN LANGUAGE PROGRAMS. 

22 Section 1111(b)(2) of the Elementary and Secondary 

23 Education Act of 1965 (as amended by section 3) (20 

24 U.S.C. 6311(b)(2)) is further amended by adding at the 

25 end the following: 


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1 ‘‘(M) NATIVE AMERICAN LANGUAGE PRO2 GRAMS.—Notwithstanding subparagraph (I) or 

3 any other provision of law— 

4 ‘‘(i) a school serving students who re5 ceive not less than a half day of daily Na6 tive language instruction in an American 

7 Indian language, an Alaska Native lan8 guage, or Hawaiian in at least grades kin9 dergarten through grade 2 for a school 

10 year that does not have State assessments 

11 under paragraph (3) available in the Na12 tive American language taught at the 

13 school as provided for in paragraph 

14 (3)(C)(ix)(III)— 

15 ‘‘(I) shall assess students in 

16 grade 3 as required under paragraph 

17 (3), and such students shall be in18 cluded in determining if the school 

19 met the participation requirements for 

20 all groups of students as required 

21 under subparagraph (I)(ii) for such 

22 school year; and 

23 ‘‘(II) shall not include such as24 sessment results for students in grade 

25 3 in determining if the school met or 


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1 exceeded the annual measurable objec2 tives for all groups of students as re3 quired under subparagraph (I)(i) for 

4 such school year; and 

5 ‘‘(ii) in the case of a school serving 

6 students in any of grades 4 through 8 who 

7 received such Native American language 

8 instruction, such school shall count for 

9 purposes of calculating the percentage of 

10 students who met or exceeded the pro11 ficient level of academic achievement on 

12 the State assessment— 

13 ‘‘(I) the students who met or ex14 ceeded such proficient level; and 

15 ‘‘(II) the students who are mak16 ing sufficient progress to enable each 

17 such student to meet or exceed such 

18 proficient level on the assessment for 

19 the student’s corresponding grade 

20 level by the time the student enters 

21 grade 7, as demonstrated through a 

22 growth model that meets the require23 ments described in subclauses (III) 

24 through (VI) of subparagraph 

25 (L)(i).’’. 


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1 SEC. 7. IMPROVING EFFECTIVE PARENTAL INVOLVEMENT. 

2 Title II of the Elementary and Secondary Education 

3 Act of 1965 (20 U.S.C. 6601 et seq.) is amended— 

4 (1) in section 2131(1)(B) (20 U.S.C. 

5 6631(1)(B)), by inserting ‘‘1 or more parent teacher 

6 associations or organizations,’’ after ‘‘another local 

7 educational agency,’’; and 

8 (2) in section 2134 (20 U.S.C. 6634)— 

9 (A) in subsection (a)(2)(C), by inserting 

10 ‘‘1 or more parent teacher associations or orga11 nizations,’’ after ‘‘such local educational agen12 cies,’’; 

13 (B) by redesignating subsection (b) as sub14 section (c); and 

15 (C) by inserting after subsection (a) the 

16 following: 

17 ‘‘(b) OPTIONAL USE OF FUNDS.—An eligible part18 nership that receives a subgrant under this section may 

19 use subgrant funds remaining after carrying out all of the 

20 activities described in subsection (a) for— 

21 ‘‘(1) developing parental engagement strategies, 

22 with accountability goals, as a key part of the ongo23 ing school improvement plan under section 

24 1116(b)(3)(A) for a school identified for improve25 ment under section 1116(b)(1); or 


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1 ‘‘(2) providing training to teachers, principals, 

2 and parents in skills that will enhance effective com3 munication, which training shall— 

4 ‘‘(A) include the research-based standards 

5 and methodologies of effective parent or family 

6 involvement programs; and 

7 ‘‘(B) to the greatest extent possible, in8 volve the members of the local and State parent 

9 teacher association or organization in such 

10 training activities and in the implementation of 

11 school improvement plans under section 

12 1116(b)(3)(A).’’. 

13 SEC. 8. QUALIFICATIONS FOR AMERICAN INDIAN, ALASKA 

14 NATIVE, OR NATIVE HAWAIIAN LANGUAGE, 

15 CULTURE, OR HISTORY TEACHERS. 

16 Section 1119 of the Elementary and Secondary Edu17 cation Act of 1965 (20 U.S.C. 6319) is amended by add18 ing at the end the following: 

19 ‘‘(m) QUALIFICATIONS FOR AMERICAN INDIAN, 

20 ALASKA NATIVE, OR NATIVE HAWAIIAN LANGUAGE, CUL21 TURE, OR HISTORY TEACHERS.— 

22 ‘‘(1) LANGUAGE OR CULTURE.— 

23 ‘‘(A) IN GENERAL.—Notwithstanding any 

24 other provision of law, the requirements of sub25 section (a) on local educational agencies and 


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1 States with respect to highly qualified teachers, 

2 shall not apply to a teacher of American Indian, 

3 Alaska Native, or Native Hawaiian language or 

4 culture, whether the teacher is teaching on a 

5 permanent, part-time, or occasional basis. 

6 ‘‘(B) COMPETENCY.—A State may require 

7 that a local tribe or tribal organization, as de8 fined in section 4 of the Indian Self-Determina9 tion and Education Assistance Act (25 U.S.C. 

10 450b), verify the competency of a public school 

11 teacher of American Indian, Alaska Native, or 

12 Native Hawaiian language or culture to teach 

13 such subject, to the chief administrative officer 

14 of the local educational agency or the chief 

15 State school officer. 

16 ‘‘(2) HISTORY.— 

17 ‘‘(A) IN GENERAL.—Notwithstanding any 

18 other provision of law, the requirements of sub19 section (a) on local educational agencies and 

20 States with respect to highly qualified teachers, 

21 shall not apply to a teacher who is a Native 

22 elder or other authority on American Indian, 

23 Alaska Native, or Native Hawaiian history who 

24 provides instruction in such subject, whether on 

25 a periodic or 1-time basis. 


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1 ‘‘(B) COMPETENCY.—A State may require 

2 that a local tribe or tribal organization, as de3 fined in section 4 of the Indian Self-Determina4 tion and Education Assistance Act (25 U.S.C. 

5 450b), verify the competency of the instructor 

6 described in subparagraph (A) of American In7 dian, Alaska Native, or Native Hawaiian his8 tory to teach such subject, to the chief adminis9 trative officer of the local educational agency or 

10 the chief State school officer.’’. 

11 SEC. 9. CONFORMING AMENDMENTS. 

12 Section 1116 of the Elementary and Secondary Edu13 cation Act of 1965 (as amended by sections 4 and 5) (20 

14 U.S.C. 6316) is further amended— 

15 (1) in subsection (b)— 

16 (A) in paragraph (6)(F), by striking 

17 ‘‘(1)(E),’’; 

18 (B) in paragraph (7)(C)(i), by striking 

19 ‘‘paragraph (1) (E) and (F)’’ and inserting 

20 ‘‘subparagraphs (B) and (C) of paragraph (5)’’; 

21 (C) in paragraph (8)(A)(i), by striking 

22 ‘‘paragraph (1) (E) and (F)’’ and inserting 

23 ‘‘subparagraphs (B) and (C) of paragraph (5)’’; 

24 (D) in paragraph (9)— 


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1 (i) by striking ‘‘paragraph (1)(E)’’ 

2 and inserting ‘‘paragraph (5)(B)’’; and 

3 (ii) by striking ‘‘(1)(A), (5),’’ and in4 serting ‘‘(5)(A),’’; and 

5 (E) in paragraph (11), by striking 

6 ‘‘(1)(E),’’; 

7 (2) in subsection (c)(10)(C)(vii), by striking 

8 ‘‘subsections (b)(1) (E) and (F)’’ and inserting 

9 ‘‘subparagraphs (B) and (C) of subsection (b)(5)’’; 

10 (3) in subsection (e)(1), by inserting ‘‘(1),’’ 

11 after ‘‘described in paragraph’’; 

12 (4) in subsection (f)(1)(A)(ii), by inserting 

13 ‘‘(A)’’ after ‘‘(b)(5)’’; and 

14 (5) in subsection (g)(3)(A), by striking ‘‘sub15 section (b)(1)(E)’’ and inserting ‘‘subsection 

16 (b)(5)(B)’’. 

Æ 


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