I 

109TH CONGRESS 

1ST SESSION H. R. 1722 

To direct the Secretary of Education to revise regulations to increase the 

percentage of proficient and advanced level scores based on alternate 

assessments and alternate achievement standards for purposes of calculating adequate yearly progress, to amend the Elementary and Secondary 

Education Act of 1965 to decrease the percentage of students who 

meet or exceed the proficient level of academic achievement on State 

assessments required to calculate adequate yearly progress, to direct 

the Secretary of Education to expand to two years the exclusion for 

second year limited English proficiency students from adequate yearly 

progress calculations, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 20, 2005 

Mr. BRADLEY of New Hampshire introduced the following bill; which was 

referred to the Committee on Education and the Workforce 

A BILL 

To direct the Secretary of Education to revise regulations 

to increase the percentage of proficient and advanced 

level scores based on alternate assessments and alternate 

achievement standards for purposes of calculating adequate yearly progress, to amend the Elementary and 

Secondary Education Act of 1965 to decrease the percentage of students who meet or exceed the proficient 

level of academic achievement on State assessments required to calculate adequate yearly progress, to direct 

the Secretary of Education to expand to two years the 

exclusion for second year limited English proficiency stu-
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•HR 1722 IH 

dents from adequate yearly progress calculations, 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. INCREASE IN PERCENTAGE OF PROFICIENT 

4 AND ADVANCED LEVEL SCORES BASED ON 

5 ALTERNATE ASSESSMENTS AND ALTERNATE 

6 ACHIEVEMENT STANDARDS FOR STUDENTS 

7 WITH THE MOST SIGNIFICANT COGNITIVE 

8 DISABILITIES THAT MAY BE COUNTED FOR 

9 PURPOSES OF CALCULATING ADEQUATE 

10 YEARLY PROGRESS FOR SCHOOLS, LOCAL 

11 EDUCATIONAL AGENCIES, AND STATES. 

12 Not later than 30 days after the date of the enact13 ment of this Act, the Secretary of Education shall revise 

14 section 200.13(c) of title 34, Code of Federal Regulations, 

15 to raise to three percent from one percent the number of 

16 proficient and advanced level scores based on alternate as17 sessments and alternate achievement standards for stu18 dents with the most significant cognitive disabilities that 

19 may be counted for purposes of calculating adequate year20 ly progress (as such term is defined in section 

21 1111(b)(2)(C) of the Elementary and Secondary Edu22 cation Act of 1965 (20 U.S.C. 6311(b)(2)(C))) for schools, 

23 local educational agencies, and States. 
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1 SEC. 2. DECREASE IN PERCENTAGE OF STUDENTS WHO 

2 MEET OR EXCEED THE PROFICIENT LEVEL 

3 OF ACADEMIC ACHIEVEMENT ON STATE AS4 SESSMENTS REQUIRED TO CALCULATE ADE5 QUATE YEARLY PROGRESS FOR SCHOOLS. 

6 Section 1111(b)(2)(I)(i) of the Elementary and Sec7 ondary Education Act of 1965 (20 U.S.C. 

8 6311(b)(2)(I)(i)) is amended by striking ‘‘decreased by 10 

9 percent’’ and inserting ‘‘decreased by 7 percent’’. 

10 SEC. 3. EXCLUSION FOR SECOND YEAR OF LIMITED 

11 ENGLISH PROFICIENCY STUDENTS FROM 

12 ADEQUATE YEARLY PROGRESS CALCULA13 TIONS. 

14 Not later than 30 days after the date of the enact15 ment of this Act, the Secretary of Education shall issue 

16 policy guidance directing that the assessment results of 

17 first-year and second-year limited English proficiency stu18 dents who are recently resettled refugees (as determined 

19 by the Secretary in consultation with the Secretary of 

20 Homeland Security) and who take the reading/language 

21 arts assessment are not required to be included in ade22 quate yearly progress determinations, even if such stu23 dents have been enrolled in the school or district for one 

24 or two full academic years as defined by the State. 
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1 SEC. 4. EFFECTIVE DATE. 

2 The regulations promulgated pursuant to section 1, 

3 the amendment made by section 2, and the policy guidance 

4 issued pursuant to section 3 shall apply beginning with 

5 the first academic year that begins after the date of the 

6 enactment of this Act. 

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