I 

109TH CONGRESS 

1ST SESSION H. R. 1506 

To improve the No Child Left Behind Act of 2001, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 6, 2005 

Ms. DELAURO (for herself, Mr. SHAYS, Mr. LARSON of Connecticut, Ms. KILPATRICK of Michigan, Mr. WEXLER, and Mr. SIMMONS) introduced the 

following bill; which was referred to the Committee on Education and the 

Workforce 

A BILL 

To improve the No Child Left Behind Act of 2001, 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 ‘‘No Child Left Behind 

5 Reform Act’’. 

6 SEC. 2. ADEQUATE YEARLY PROGRESS. 

7 (a) DEFINITION OF ADEQUATE YEARLY

8 PROGRESS.—Section 1111(b)(2) of the Elementary and 

9 Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)) 

10 is amended— 
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1 (1) in subparagraph (C)(vii)— 

2 (A) by striking ‘‘such as’’ and inserting 

3 ‘‘such as measures of individual or cohort 

4 growth over time based on the academic assess5 ments implemented in accordance with para6 graph (3),’’; and 

7 (B) by striking ‘‘attendance rates,’’; and 

8 (2) in subparagraph (D)— 

9 (A) by striking clause (ii); 

10 (B) by striking ‘‘the State’’ and all that 

11 follows through ‘‘ensure’’ and inserting ‘‘the 

12 State shall ensure’’; and 

13 (C) by striking ‘‘; and’’ and inserting a pe14 riod. 

15 (b) ACADEMIC ASSESSMENT AND LOCAL EDU16 CATIONAL AGENCY AND SCHOOL IMPROVEMENT.—Sec17 tion 1116(a)(1)(B) of the Elementary and Secondary 

18 Education Act of 1965 (20 U.S.C. 6316(a)(1)(B)) is 

19 amended by striking ‘‘, except that’’ and all that follows 

20 (except the semicolon at the end). 

21 SEC. 3. GRANTS FOR INCREASING DATA CAPACITY FOR 

22 PURPOSES OF AYP. 

23 Subpart 1 of part A of title I of the Elementary and 

24 Secondary Education Act of 1965 (20 U.S.C. 6311 et 

25 seq.) is amended by adding at the end the following: 
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1 ‘‘SEC. 1120C. GRANTS FOR INCREASING DATA CAPACITY 

2 FOR PURPOSES OF AYP. 

3 ‘‘(a) GRANT AUTHORITY.—The Secretary may award 

4 grants, on a competitive basis, to State educational agen5 cies to enable the State educational agencies— 

6 ‘‘(1) to develop or increase the capacity of data 

7 systems for accountability purposes; and 

8 ‘‘(2) to award subgrants to increase the capac9 ity of local educational agencies to upgrade, create, 

10 or manage information databases for the purpose of 

11 measuring adequate yearly progress. 

12 ‘‘(b) PRIORITY.—In awarding grants under this sec13 tion, the Secretary shall give priority to State educational 

14 agencies that have created, or are in the process of cre15 ating, a growth model or proficiency index as part of their 

16 adequate yearly progress determination. 

17 ‘‘(c) STATE USE OF FUNDS.—Each State that re18 ceives a grant under this section shall use— 

19 ‘‘(1) not more than 20 percent of the grant 

20 funds for the purpose of increasing the capacity of, 

21 or creating, State databases to collect information 

22 related to adequate yearly progress; and 

23 ‘‘(2) not less than 80 percent of the grant 

24 funds to award subgrants to local educational agen25 cies within the State to enable the local educational 
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1 agencies to carry out the authorized activities de2 scribed in subsection (d). 

3 ‘‘(d) AUTHORIZED ACTIVITIES.—Each local edu4 cational agency that receives a subgrant under this section 

5 shall use the subgrant funds to increase the capacity of 

6 the local educational agency to upgrade databases or cre7 ate unique student identifiers for the purpose of meas8 uring adequate yearly progress, by— 

9 ‘‘(1) purchasing database software or hardware; 

10 ‘‘(2) hiring additional staff for the purpose of 

11 managing such data; 

12 ‘‘(3) providing professional development or ad13 ditional training for such staff; and 

14 ‘‘(4) providing professional development or 

15 training for principals and teachers on how to effec16 tively use such data to implement instructional strat17 egies to improve student achievement. 

18 ‘‘(e) STATE APPLICATION.—Each State educational 

19 agency desiring a grant under this section shall submit 

20 an application to the Secretary at such time, in such man21 ner, and containing such information as the Secretary may 

22 require. 

23 ‘‘(f) LEA APPLICATION.—Each local educational 

24 agency desiring a subgrant under this section shall submit 

25 an application to the State educational agency at such 
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1 time, in such manner, and containing such information as 

2 the State educational agency may require. Each such ap3 plication shall include, at a minimum, a demonstration of 

4 the local educational agency’s ability to put such a data5 base in place. 

6 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

7 is authorized to be appropriated to carry out this section 

8 $80,000,000 for each of fiscal years 2006, 2007, and 

9 2008.’’. 

10 SEC. 4. TARGETING TRANSFER OPTIONS AND SUPPLE11 MENTAL SERVICES. 

12 (a) TARGETING TRANSFER OPTIONS AND SUPPLE13 MENTAL SERVICES.—Section 1116 of the Elementary and 

14 Secondary Education Act of 1965 (20 U.S.C. 6316) is 

15 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 subsection (b)(1), by adding at the end 

25 the following: 
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1 ‘‘(G) MAINTENANCE OF LEAST RESTRIC2 TIVE ENVIRONMENT.—A student who is eligible 

3 to receive services under the Individuals with 

4 Disabilities Education Act and who uses the op5 tion to transfer under subparagraph (E), para6 graph (5)(A), (7)(C)(i), or (8)(A)(i), or sub7 section (c)(10)(C)(vii), shall be placed and 

8 served in the least restrictive environment ap9 propriate, in accordance with the Individuals 

10 with Disabilities Education Act.’’; 

11 (3) in clause (vii) of subsection (c)(10)(C), by 

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

13 in section 1111(b)(2)(C)(v) that fails to make ade14 quate yearly progress as defined in the State’s plan 

15 under section 1111(b)(2),’’ after ‘‘Authorizing stu16 dents’’; and 

17 (4) in subparagraph (A) of subsection (e)(12), 

18 by inserting ‘‘, who is a member of a group de19 scribed in section 1111(b)(2)(C)(v) that fails to 

20 make adequate yearly progress as defined in the 

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

22 section 1113(c)(1)’’. 

23 (b) STUDENT ALREADY TRANSFERRED.—A student 

24 who transfers to another public school pursuant to section 

25 1116(b) of the Elementary and Secondary Education Act 
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1 of 1965 (20 U.S.C. 6316(b)) before the effective date of 

2 this section and the amendments made by this section, 

3 may continue enrollment in such public school after the 

4 effective date of this section and the amendments made 

5 by this section. 

6 (c) EFFECTIVE DATE.—This section and the amend7 ments made by this section shall be effective for each fiscal 

8 year for which the amount appropriated to carry out title 

9 I of the Elementary and Secondary Education Act of 1965 

10 for the fiscal year, is less than the amount authorized to 

11 be appropriated to carry out such title for the fiscal year. 

12 SEC. 5. DEFINITION OF HIGHLY QUALIFIED TEACHERS. 

13 Section 9101(23)(B)(ii) of the Elementary and Sec14 ondary Act of 1965 (20 U.S.C. 7801(23)(B)(ii)) is amend15 ed— 

16 (1) in subclause (I), by striking ‘‘or’’ after the 

17 semicolon; 

18 (2) in subclause (II), by striking ‘‘and’’ after 

19 the semicolon; and 

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

21 ‘‘(III) in the case of a middle 

22 school teacher, passing a State ap23 proved middle school generalist exam 

24 when the teacher receives the teach-
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1 er’s license to teach middle school in 

2 the State; 

3 ‘‘(IV) obtaining a State social 

4 studies certificate that qualifies the 

5 teacher to teach history, geography, 

6 economics, and civics in middle or sec7 ondary schools, respectively, in the 

8 State; or 

9 ‘‘(V) obtaining a State science 

10 certificate that qualifies the teacher to 

11 teach earth science, biology, chem12 istry, and physics in middle or sec13 ondary schools, respectively, in the 

14 State; and’’. 

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