II 

111TH CONGRESS 

1ST SESSION S. 1430 

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 

JULY 9, 2009 

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 two core academic sub10 jects 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 been unable, despite reasonable 

24 efforts to do so, to recruit, hire, or retain a suf25 ficient number of teachers who are highly qualiVerDate Nov 24 2008 01:12 Jul 10, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1430.IS S1430

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1 fied in the core academic subjects for the school 

2 year for which the determination is being made 

3 under this paragraph.’’. 

4 SEC. 3. GROWTH MODELS. 

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

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

7 by adding at the end the following: 

8 ‘‘(L) GROWTH MODELS.— 

9 ‘‘(i) IN GENERAL.—In the case of a 

10 State that desires to satisfy the require11 ments of a single, statewide State account12 ability system under subparagraph (A) 

13 through the use of a growth model, the 

14 Secretary shall approve such State’s use of 

15 the growth model if— 

16 ‘‘(I) the State plan ensures that 

17 100 percent of students in each group 

18 described in subparagraph (C)(v)— 

19 ‘‘(aa) meet or exceed the 

20 State’s proficient level of aca21 demic achievement on the State 

22 assessments under paragraph (3) 

23 by the 2013–2014 school year; or 

24 ‘‘(bb) are making sufficient 

25 progress to enable each student 


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1 to meet or exceed the State’s pro2 ficient level on such assessments 

3 for the student’s corresponding 

4 grade level not later than the stu5 dent’s final year in secondary 

6 school; 

7 ‘‘(II) the State plan complies 

8 with all of the requirements of this 

9 paragraph, except as provided in 

10 clause (ii); 

11 ‘‘(III) the growth model is based 

12 on a fully approved assessment sys13 tem; 

14 ‘‘(IV) the growth model cal15 culates growth in student proficiency 

16 for the purposes of determining ade17 quate yearly progress either by indi18 vidual students or by cohorts of stu19 dents, and may use methodologies, 

20 such as confidence intervals and the 

21 State-approved minimum designa22 tions, that will yield statistically reli23 able data; 

24 ‘‘(V) the growth model includes 

25 all students; and 


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1 ‘‘(VI) the State has the capacity 

2 to track and manage the data for the 

3 growth model efficiently and effec4 tively. 

5 ‘‘(ii) SPECIAL RULE.—Notwith6 standing any other provision of law, for 

7 purposes of any provision that requires the 

8 calculation of a number or percentage of 

9 students who meet or exceed the proficient 

10 level of academic achievement on a State 

11 assessment under paragraph (3), a State 

12 using a growth model approved under 

13 clause (i) shall calculate such number or 

14 percentage by counting— 

15 ‘‘(I) the students who meet or ex16 ceed the proficient level of academic 

17 achievement on the State assessment; 

18 and 

19 ‘‘(II) the students who, as dem20 onstrated through the growth model, 

21 are making sufficient progress to en22 able each student to meet or exceed 

23 the proficient level on the State as24 sessment for the student’s cor25 responding grade level not later than 


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1 the student’s final year in secondary 

2 school.’’. 

3 SEC. 4. SCHOOL CHOICE AND SUPPLEMENTAL EDU4 CATIONAL SERVICES. 

5 (a) SCHOOL CHOICE AND SUPPLEMENTAL EDU6 CATIONAL SERVICES.—Section 1116(b) of the Elementary 

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

8 6316(b)) is amended— 

9 (1) in paragraph (1)— 

10 (A) by striking subparagraph (E) and in11 serting the following: 

12 ‘‘(E) SUPPLEMENTAL EDUCATIONAL SERV13 ICES.—In the case of a school identified for 

14 school improvement under this paragraph, the 

15 local educational agency shall, not later than 

16 the first day of the school year following such 

17 identification, make supplemental educational 

18 services available consistent with subsection 

19 (e).’’; and 

20 (B) by striking subparagraph (F); 

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

22 following: 

23 ‘‘(5) FAILURE TO MAKE ADEQUATE YEARLY

24 PROGRESS AFTER IDENTIFICATION.— 


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

2 school served under this part that fails to make 

3 adequate yearly progress, as set out in the 

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

5 than the first day of the second school year fol6 lowing identification under paragraph (1), the 

7 local educational agency serving such school 

8 shall— 

9 ‘‘(i) provide students in grades 3 

10 through 12 who are enrolled in the school 

11 and who did not meet or exceed the pro12 ficient level on the most recent State as13 sessment in mathematics or in reading or 

14 language arts with the option to transfer 

15 to another public school served by the local 

16 educational agency in accordance with sub17 paragraph (B); 

18 ‘‘(ii) continue to make supplemental 

19 educational services available consistent 

20 with subsection (e)(1); and 

21 ‘‘(iii) continue to provide technical as22 sistance. 

23 ‘‘(B) PUBLIC SCHOOL CHOICE.—In car24 rying out subparagraph (A)(i) with respect to a 

25 school, the local educational agency serving 


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

2 the school year following such identification, 

3 provide all students described in subparagraph 

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

5 public school served by the local educational 

6 agency, which may include a public charter 

7 school, that has not been identified for school 

8 improvement under this paragraph, unless such 

9 an option is prohibited by State law. 

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

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

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

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

14 other activities in the public school to which the 

15 students transfer in the same manner as all 

16 other children at the public school.’’; 

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

18 and 

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

20 (b) SUPPLEMENTAL EDUCATIONAL SERVICES PRO21 VIDERS.—Section 1116(e) of the Elementary and Sec22 ondary Education Act of 1965 (20 U.S.C. 6316(e)) is 

23 amended— 

24 (1) by redesignating paragraph (12) as para25 graph (13); 


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1 (2) by inserting after paragraph (11) the fol2 lowing: 

3 ‘‘(12) RULE REGARDING PROVIDERS.—Notwith4 standing paragraph (13)(B), a local educational 

5 agency identified under subsection (c) that is re6 quired to arrange for the provision of supplemental 

7 educational services under this subsection may serve 

8 as a provider of such services in accordance with 

9 this subsection.’’; and 

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

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

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

13 the proficient level on the most recent State assess14 ment in mathematics or in reading or language 

15 arts’’ before the semicolon. 

16 SEC. 5. CALCULATING ADEQUATE YEARLY PROGRESS FOR 

17 STUDENTS WITH DISABILITIES AND STU18 DENTS WITH LIMITED ENGLISH PRO19 FICIENCY. 

20 Section 1116 of the Elementary and Secondary Edu21 cation Act of 1965 (as amended by section 4) (20 U.S.C. 

22 6316) is further amended— 

23 (1) by redesignating subsection (h) as sub24 section (i); and 


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1 (2) by inserting after subsection (g) the fol2 lowing: 

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

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

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

6 that failed to make adequate yearly progress under 

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

8 meet or exceed 1 or more annual measurable objec9 tives set by the State under section 1111(b)(2)(G) 

10 for the subgroup of students with disabilities or stu11 dents with limited English proficiency, or both such 

12 subgroups— 

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

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

15 school shall only be required to develop or revise 

16 and implement a school plan under subsection 

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

18 did not meet or exceed each annual measurable 

19 objective; and 

20 ‘‘(B) if such school is identified for correc21 tive action or restructuring under paragraph 

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

23 local educational agency serving such school 

24 shall not be required to implement subsection 

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1 tively, if the local educational agency dem2 onstrates to the State educational agency that 

3 the school would have made adequate yearly 

4 progress for each assessment and for each such 

5 subgroup for the most recent school year if the 

6 percentage of students who met or exceeded the 

7 proficient level of academic achievement on the 

8 State assessment was calculated by counting— 

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

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 ‘‘(2) LOCAL EDUCATIONAL AGENCIES.—Not22 withstanding this section or any other provision of 

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

24 failed to make adequately yearly progress under sub25 section (c)(1) solely because the local educational 


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1 agency did not meet or exceed 1 or more annual 

2 measurable objectives set by the State under section 

3 1111(b)(2)(G) for the subgroup of students with dis4 abilities or students with limited English proficiency, 

5 or both such subgroups— 

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

7 identified for improvement under subsection 

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

9 required to develop or revise and implement a 

10 local educational agency plan under subsection 

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

12 did not meet or exceed each annual measurable 

13 objective; and 

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

15 identified for corrective action under subsection 

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

17 be required to implement such subsection if the 

18 State educational agency demonstrates to the 

19 Secretary that the local educational agency 

20 would have made adequate yearly progress for 

21 each assessment and for each such subgroup if 

22 the percentage of students who met or exceeded 

23 the proficient level of academic achievement on 

24 the State assessment was calculated by count25 ing— 


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

2 such proficient level; and 

3 ‘‘(ii) the students who are making suf4 ficient progress to enable each such stu5 dent to meet or exceed the proficient level 

6 on the assessment for the student’s cor7 responding grade level not later than the 

8 student’s final year in secondary school, as 

9 demonstrated through a growth model that 

10 meets the requirements described in sub11 clauses (III) through (VI) of section 

12 1111(b)(2)(L)(i).’’. 

13 SEC. 6. NATIVE AMERICAN LANGUAGE PROGRAMS. 

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

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

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

17 end the following: 

18 ‘‘(M) NATIVE AMERICAN LANGUAGE PRO19 GRAMS.—Notwithstanding subparagraph (I) or 

20 any other provision of law— 

21 ‘‘(i) a school serving students who re22 ceive not less than a half day of daily Na23 tive language instruction in an American 

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1 dergarten through grade 2 for a school 

2 year that does not have State assessments 

3 under paragraph (3) available in the Na4 tive American language taught at the 

5 school as provided for in paragraph 

6 (3)(C)(ix)(III)— 

7 ‘‘(I) shall assess students in 

8 grade 3 as required under paragraph 

9 (3), and such students shall be in10 cluded in determining if the school 

11 met the participation requirements for 

12 all groups of students as required 

13 under subparagraph (I)(ii) for such 

14 school year; and 

15 ‘‘(II) shall not include such as16 sessment results for students in grade 

17 3 in determining if the school met or 

18 exceeded the annual measurable objec19 tives for all groups of students as re20 quired under subparagraph (I)(i) for 

21 such school year; and 

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

23 students in any of grades 4 through 8 who 

24 received such Native American language 

25 instruction, such school shall count for 


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1 purposes of calculating the percentage of 

2 students who met or exceeded the pro3 ficient level of academic achievement on 

4 the State assessment— 

5 ‘‘(I) the students who met or ex6 ceeded such proficient level; and 

7 ‘‘(II) the students who are mak8 ing sufficient progress to enable each 

9 such student to meet or exceed such 

10 proficient level on the assessment for 

11 the student’s corresponding grade 

12 level by the time the student enters 

13 grade 7, as demonstrated through a 

14 growth model that meets the require15 ments described in subclauses (III) 

16 through (VI) of subparagraph 

17 (L)(i).’’. 

18 SEC. 7. IMPROVING EFFECTIVE PARENTAL INVOLVEMENT. 

19 Title II of the Elementary and Secondary Education 

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

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

22 6631(1)(B)), by inserting ‘‘one or more parent 

23 teacher associations or organizations,’’ after ‘‘an24 other local educational agency,’’; and 

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


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

2 ‘‘one or more parent teacher associations or or3 ganizations,’’ after ‘‘such local educational 

4 agencies,’’; 

5 (B) by redesignating subsection (b) as sub6 section (c); and 

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

8 following: 

9 ‘‘(b) OPTIONAL USE OF FUNDS.—An eligible part10 nership that receives a subgrant under this section may 

11 use subgrant funds remaining after carrying out all of the 

12 activities described in subsection (a) for— 

13 ‘‘(1) developing parental engagement strategies, 

14 with accountability goals, as a key part of the ongo15 ing school improvement plan under section 

16 1116(b)(3)(A) for a school identified for improve17 ment under section 1116(b)(1); or 

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

19 and parents in skills that will enhance effective com20 munication, which training shall— 

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

22 and methodologies of effective parent or family 

23 involvement programs; and 

24 ‘‘(B) to the greatest extent possible, in25 volve the members of the local and State parent 


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1 teacher association or organization in such 

2 training activities and in the implementation of 

3 school improvement plans under section 

4 1116(b)(3)(A).’’. 

5 SEC. 8. CONFORMING AMENDMENTS. 

6 Section 1116 of the Elementary and Secondary Edu7 cation Act of 1965 (as amended by sections 4 and 5) (20 

8 U.S.C. 6316) is further amended— 

9 (1) in subsection (b)— 

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

11 ‘‘(1)(E),’’; 

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

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

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

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

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

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

18 (D) in paragraph (9)— 

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

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

21 (ii) by striking ‘‘(1)(A), (5),’’ and in22 serting ‘‘(5)(A),’’; and 

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

24 ‘‘(1)(E),’’; 


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

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

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

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

5 after ‘‘described in paragraph’’; 

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

7 ‘‘(A)’’ after ‘‘(b)(5)’’; and 

8 (5) in subsection (g)(3)(A), by striking ‘‘sub9 section (b)(1)(E)’’ and inserting ‘‘subsection 

10 (b)(5)(B)’’. 

Æ 


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