I 

110TH CONGRESS 

1ST SESSION H. R. 1169 

To amend the Elementary and Secondary Education Act of 1965 to clarify 

Federal requirements under such Act. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 16, 2007 

Ms. MCCOLLUM of Minnesota (for herself, Mr. ELLISON, Mr. GENE GREEN

of Texas, and Mr. OBERSTAR) introduced the following bill; which was 

referred to the Committee on Education and Labor 

A BILL 

To amend the Elementary and Secondary Education Act 

of 1965 to clarify Federal requirements under such Act. 

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 shall be cited as the ‘‘Student Achievement 

5 and Successful Schools Act of 2007’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds the following: 

8 (1) Access to a high quality public education for 

9 all children is essential to a fully functioning democ10 racy. 


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1 (2) Primary responsibility for the operation, 

2 quality, and governance of the public schools of the 

3 United States lies with State and local governments. 

4 (3) Bipartisan reviews of the No Child Left Be5 hind Act of 2001 (Public Law 107–110; 115 Stat. 

6 1425) have suggested that granting States flexibility 

7 to meet the goals of the law will result in better stu8 dent successes, more accountability, a stronger de9 mocracy, and a more robust economy. 

10 (4) More than 30 States are considering legisla11 tion requesting the Federal Government to provide 

12 waivers or other means of flexibility, calling for addi13 tional money to cover mandates required under the 

14 No Child Left Behind Act of 2001, prohibiting a 

15 State from spending State funds to comply with 

16 such mandates, or requiring that a State will comply 

17 only in areas fully funded by the Federal Govern18 ment, or fully opting-out of the mandates required 

19 under the No Child Left Behind Act of 2001. 

20 (5) States have been financially penalized, 

21 amounting to a total of nearly $1,300,000, for not 

22 meeting the Federal requirements. These fines are 

23 in addition to education cuts sustained at the Fed24 eral, State, and local levels. 


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1 (6) School districts across the country have re2 jected or reallocated funding under part A of title I 

3 of the Elementary and Secondary Education Act of 

4 1965 (20 U.S.C. 6301 et seq.) to avoid costly sanc5 tions associated with failing to make adequate yearly 

6 progress under such Act. 

7 (7) States, school districts, education advocacy 

8 groups, and schools have filed lawsuits in response 

9 to the No Child Left Behind Act of 2001, including 

10 lawsuits filed by school districts in Michigan, 

11 Vermont, Texas, California, and Connecticut, the 

12 National Education Association, and the California 

13 League of United Latin American Citizens. Several 

14 States, school districts, education advocacy groups, 

15 and schools are considering joining in or filing their 

16 own litigation and have questioned the constitu17 tionality of the No Child Left Behind Act of 2001. 

18 (8) The Department of Education has recog19 nized the flaws in the No Child Left Behind Act of 

20 2001 and has issued several changes to the regula21 tions promulgated pursuant to such Act. 

22 (9) Since being signed into law, schools have 

23 been consistently underfunded from what was prom24 ised by Congress in the No Child Left Behind Act 

25 of 2001. 


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1 (10) All children should have the opportunity to 

2 succeed with a high quality, public education. 

3 SEC. 3. SENSE OF CONGRESS. 

4 It is the sense of Congress that— 

5 (1) full funding should be provided to schools to 

6 allow them to satisfy Federal mandates required 

7 under the No Child Left Behind Act of 2001; and 

8 (2) States and school districts should have the 

9 necessary flexibility in implementing the No Child 

10 Left Behind Act of 2001 to ensure that all students 

11 are successful and achieve all of the goals of the law. 

12 SEC. 4. ADEQUATE YEARLY PROGRESS. 

13 (a) IN GENERAL.—Subpart 1 of part A of title I of 

14 the Elementary and Secondary Education Act of 1965 (20 

15 U.S.C. 6311 et seq.) is amended— 

16 (1) in section 1111(b)(2)— 

17 (A) in subparagraph (C), by striking 

18 ‘‘ ‘Adequate yearly progress’ ’’ and inserting 

19 ‘‘Except as provided in subparagraph (N), ‘ade20 quate yearly progress’ ’’; 

21 (B) in subparagraph (F), by striking ‘‘12 

22 years’’ and inserting ‘‘16 years’’; 

23 (C) in subparagraph (I)— 

24 (i) by striking ‘‘subparagraph (C)(v) 

25 must meet or exceed the objectives’’ and 


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1 inserting ‘‘subparagraph (C)(v), subject to 

2 subparagraph (M), must meet or exceed 

3 the objectives’’; and 

4 (ii) by striking ‘‘subparagraph (C)(v) 

5 does not meet those objectives’’ and insert6 ing ‘‘subparagraph (C)(v), subject to sub7 paragraph (M), does not meet those objec8 tives’’; 

9 (D) by adding after subparagraph (K) the 

10 following new subparagraphs: 

11 ‘‘(L) SPECIAL RULE.—A State may allow 

12 the exclusion of one or more students from the 

13 calculation used to determine whether a school 

14 makes adequate yearly progress under this 

15 paragraph based on special circumstances iden16 tified by the Secretary affecting individual stu17 dents, including— 

18 ‘‘(i) emergency medical conditions; 

19 ‘‘(ii) exceptional or uncontrollable cir20 cumstances, such as a natural disaster or 

21 an incident of school violence; or 

22 ‘‘(iii) an unusual pattern of attend23 ance as determined by the State edu24 cational agency, provided that the local 

25 educational agency in which the student is 


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1 enrolled is implementing a plan to increase 

2 participation in the assessments described 

3 in paragraph (3). 

4 ‘‘(M) SINGLE COUNT OF STUDENTS.—In 

5 meeting the definition of adequate yearly 

6 progress under subparagraph (C), a State may 

7 allow students counted in two or more groups 

8 described in subparagraph (C)(v)(II) to be 

9 counted as an equal fraction of one for each 

10 such group. 

11 ‘‘(N) OTHER MEASURES OF ADEQUATE

12 YEARLY PROGRESS.—Notwithstanding any 

13 other provision of this paragraph, a State may 

14 establish an alternative definition of adequate 

15 yearly progress, subject to approval by the Sec16 retary under subsection (e) (except that such 

17 approval shall not apply as such definition ap18 plies to students with disabilities and limited 

19 English proficient students). Nothing in this 

20 subparagraph shall be construed as requiring a 

21 State that establishes an approved alternative 

22 definition of adequate yearly progress under 

23 this subparagraph to satisfy the requirements 

24 of adequate yearly progress defined in subpara25 graph (C). Such alternative definition may— 


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1 ‘‘(i) include measures of student 

2 achievement over a period of time (such as 

3 a value added accountability system) or the 

4 progress of some or all of the groups of 

5 students described in subparagraph (C)(v) 

6 to the next higher level of achievement de7 scribed under subclauses (II) and (III) of 

8 paragraph (1)(D)(ii) as a factor in deter9 mining whether a school, local educational 

10 agency, or State has made adequate yearly 

11 progress, as described in this paragraph; 

12 or 

13 ‘‘(ii) use the measures of performance 

14 and progress described in subparagraph 

15 (A) as the sole basis for determining 

16 whether the State, its local educational 

17 agencies, or schools have met adequate 

18 yearly progress, provided— 

19 ‘‘(I) the primary goal of such 

20 definition is that all students in each 

21 group described in subparagraph 

22 (C)(v) meet or exceed the proficient 

23 level of academic achievement, estab24 lished by the State, not later than 16 


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1 years after the end of the 2001–2002 

2 school year; and 

3 ‘‘(II) such definition includes in4 termediate goals, as required under 

5 subparagraph (H).’’; and 

6 (2) in section 1116(c)(10)— 

7 (A) by amending subparagraph (B)(ii) to 

8 read as follows: 

9 ‘‘(ii) shall take corrective action with 

10 respect to a local educational agency— 

11 ‘‘(I) that fails to make adequate 

12 yearly progress, as defined by the 

13 State, in the same subject and aver14 aged across all grades and in at least 

15 one grade span (as determined by the 

16 State) for a group described in section 

17 1111(b)(2)(C)(v) by the end of the 

18 second full school year after the iden19 tification of such agency under para20 graph (3); and 

21 ‘‘(II) whose total number of stu22 dents (who are members of a group 

23 described in section 1111(b)(2)(C)(v)) 

24 who did not meet or exceed the pro25 ficient level of academic achievement 


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1 exceed 35 percent of all students en2 rolled in a school in such agency who 

3 took the assessment in such subject 

4 and averaged across all grades; and’’; 

5 and 

6 (B) by amending subparagraph (F) to read 

7 as follows: 

8 ‘‘(F) DELAY.—Notwithstanding subpara9 graph (B)(ii), a State educational agency may 

10 delay, for a period not to exceed 1 year, imple11 mentation of corrective action under this para12 graph if the local educational agency makes 

13 adequate yearly progress for 1 year or its fail14 ure to make adequate yearly progress is due 

15 to— 

16 ‘‘(i) exceptional or uncontrollable cir17 cumstances, such as a natural disaster; 

18 ‘‘(ii) a precipitous and unforeseen de19 cline in the financial resources of the local 

20 educational agency; or 

21 ‘‘(iii) a sudden or significant increase 

22 in the number or percentage of students 

23 represented by any group described in sec24 tion 1111(b)(2)(C)(v).’’. 


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1 (b) GRANTS FOR ADMINISTRATIVE COSTS.—In addi2 tion to funds that are already available for this purpose, 

3 the Secretary of Education shall allocate Federal funds 

4 to pay for administrative costs associated with dem5 onstrating achievement of adequate yearly progress in ac6 cordance with subsections (a) and (c). 

7 (c) EFFECTIVE DATES.— 

8 (1) AMENDMENTS.—The amendments made by 

9 this section shall take effect and apply as if they had 

10 been made by the No Child Left Behind Act of 

11 2001. 

12 (2) REGULATIONS.—The Secretary of Edu13 cation shall enforce any regulations that the Sec14 retary has promulgated on or after the date of the 

15 enactment of the No Child Left Behind Act of 2001 

16 as if such regulations had been promulgated on such 

17 date. 

18 SEC. 5. MEASURING STUDENT ACHIEVEMENT THROUGH 

19 LONGITUDINAL GROWTH. 

20 (a) IN GENERAL.—Section 1111(b) of the Elemen21 tary and Secondary Education Act of 1965 (20 U.S.C. 

22 6311(b)) is amended— 

23 (1) in paragraph (2)— 

24 (A) in subparagraph (A)— 


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1 (i) in clause (ii), by striking ‘‘and’’ at 

2 the end; 

3 (ii) in clause (iii), by striking the pe4 riod at the end and inserting ‘‘; and’’; and 

5 (iii) by adding at the end the fol6 lowing new clause: 

7 ‘‘(iv) include information relating to 

8 approved providers of supplemental edu9 cational services under section 1116(e).’’; 

10 and 

11 (B) in subparagraph (C)— 

12 (i) in clause (vi), by striking ‘‘and’’ at 

13 the end; 

14 (ii) in clause (vii), by striking the pe15 riod at the end and inserting ‘‘; and’’; and 

16 (iii) by adding at the end the fol17 lowing new clause: 

18 ‘‘(viii) at the State’s discretion, meas19 ures the progress of public elementary 

20 schools, secondary schools, and local edu21 cational agencies by tracking the progress 

22 of individual students or cohorts of stu23 dents on a longitudinal basis in lieu of, or 

24 in addition to, comparing the proficiency of 


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1 a class of students with the proficiency of 

2 earlier classes of students.’’; and 

3 (2) by adding at the end the following new 

4 paragraph: 

5 ‘‘(11) LONGITUDINAL PROGRESS OF TRANSFER6 RING STUDENTS.— 

7 ‘‘(A) IN GENERAL.—If a State chooses to 

8 measure adequate yearly progress on a longitu9 dinal basis in accordance with paragraph 

10 (2)(C)(viii), the State may exclude from such 

11 measurement of progress at a school any stu12 dent who transferred to that school at the be13 ginning of or during the school year involved. 

14 ‘‘(B) STUDENTS WHO FREQUENTLY

15 TRANSFER.—The Secretary by regulation— 

16 ‘‘(i) shall ensure that a State choosing 

17 to measure adequate yearly progress on a 

18 longitudinal basis has in effect a system 

19 for measuring the progress of students who 

20 frequently transfer among schools; and 

21 ‘‘(ii) in the case of a student who at22 tends three or more schools in any five23 year period, shall provide for the sharing 

24 of school records.’’. 


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1 (b) EFFECTIVE DATE.—The amendments made by 

2 subsection (a) shall take effect and apply beginning with 

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

4 enactment of this Act. 

5 SEC. 6. SUPPLEMENTAL EDUCATIONAL SERVICES. 

6 (a) IN GENERAL.—Section 1116(e) of the Elemen7 tary and Secondary Education Act of 1965 (20 U.S.C. 

8 6316(e)) is amended— 

9 (1) in paragraph (4)— 

10 (A) in subparagraph (B), by inserting 

11 ‘‘(developed through continuous consultation 

12 with local educational agencies in the State)’’ 

13 after ‘‘objective criteria’’; 

14 (B) in subparagraph (D), by striking ‘‘; 

15 and’’ at the end; 

16 (C) in subparagraph (E), by striking the 

17 period at the end and inserting ‘‘; and’’; and 

18 (D) by adding after subparagraph (E) the 

19 following new subparagraph: 

20 ‘‘(F) develop procedures by which a local 

21 educational agency may— 

22 ‘‘(i) present complaints and docu23 mentation of such complaints to the State 

24 educational agency regarding the qualifica25 tions, operation, or evaluation of approved 


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1 providers or of potential providers seeking 

2 such approval; and 

3 ‘‘(ii) demonstrate to the State edu4 cational agency that a provider should not 

5 be authorized to provide supplemental 

6 services, as described in this subsection, to 

7 any school or schools under the jurisdiction 

8 of such local educational agency.’’; 

9 (2) by redesignating paragraph (12) as para10 graph (13); 

11 (3) by inserting after paragraph (11) the fol12 lowing new paragraph: 

13 ‘‘(12) LOCAL EDUCATIONAL AGENCIES AS PRO14 VIDERS.—Nothing in this section shall be construed 

15 to prohibit a local educational agency that has failed 

16 to make adequate yearly progress or is in improve17 ment, corrective action, or restructuring status pur18 suant to subsection (c) from providing supplemental 

19 services, solely due to such failure. In developing and 

20 applying objective criteria under paragraph (4)(B) 

21 and withdrawing approval for providers under para22 graph (4)(D), a State educational agency may not 

23 consider whether a local educational agency made 

24 adequate yearly progress or its status under sub25 section (c).’’; and 


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1 (4) in paragraph (13), as redesignated by para2 graph (2) of this subsection— 

3 (A) in subparagraph (A), by inserting 

4 ‘‘who did not meet or exceed the proficient level 

5 of academic achievement in the yearly student 

6 academic assessments required under section 

7 1111 for the child’s grade level to meet the 

8 State’s student academic achievement stand9 ards’’ before the semicolon; and 

10 (B) in subparagraph (B)— 

11 (i) in clause (ii), by striking ‘‘and’’ at 

12 the end; 

13 (ii) by adding at the end the following 

14 new clause: 

15 ‘‘(iv) provides supplemental edu16 cational services by individuals who are 

17 highly qualified to the same extent and in 

18 the same manner as a teacher under sec19 tion 9101(23) with respect to the student 

20 receiving such services; and’’. 

21 (b) EFFECTIVE DATE.—The amendments made by 

22 subsection (a) shall take effect and apply beginning with 

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

24 enactment of this Act. 


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1 SEC. 7. HIGHLY QUALIFIED TEACHERS. 

2 (a) EXTENSION OF DEADLINE TO SATISFY RE3 QUIREMENTS.—Section 1119 of the Elementary and Sec4 ondary Education Act of 1965 (20 U.S.C. 6319) is amend5 ed— 

6 (1) in subsection (d) by striking ‘‘not later than 

7 4 years after the date of enactment’’ and inserting 

8 ‘‘not later than the end of the 2006–2007 school 

9 year,’’; and 

10 (2) by adding at the end the following: 

11 ‘‘(m) DEADLINES FOR TEACHERS AND PARAPROFES12 SIONALS TO BE THE SAME.— 

13 ‘‘(1) IN GENERAL.—If the Secretary extends a 

14 deadline specified in paragraph (2), the Secretary 

15 shall also extend all other deadlines specified in 

16 paragraph (2) to the same extent. 

17 ‘‘(2) DEADLINES COVERED.—The deadlines re18 ferred to in paragraph (1) are the following: 

19 ‘‘(A) The deadlines for teachers to be high20 ly qualified, as required by subsections (a)(2), 

21 (a)(2)(A), and (a)(3). 

22 ‘‘(B) The deadline for paraprofessionals to 

23 be highly qualified, as required by subsection 

24 (d).’’. 

25 (b) HIGH OBJECTIVE UNIFORM STATE STANDARD

26 OF EVALUATION.—Section 9101(23)(C)(ii)(III) of such 


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1 Act (20 U.S.C. 7801(23)(C)(ii)(III)) is amended by in2 serting ‘‘including a streamlined process under which 

3 teachers of multiple subjects may demonstrate competency 

4 in each individual subject’’ before the semicolon. 

5 (c) GRANTS FOR PARAPROFESSIONAL TRAINING.—In 

6 addition to funds that are already available for this pur7 pose, the Secretary of Education shall allocate Federal 

8 funds to pay for paraprofessional training under sub9 sections (c) and (d) of section 1119 of the Elementary 

10 and Secondary Education Act of 1965 (20 U.S.C. 6319). 

11 SEC. 8. PERFORMANCE BONUSES. 

12 (a) IN GENERAL.—The Secretary of Education shall 

13 make grants, in amounts determined appropriate by the 

14 Secretary, to eligible States to be used for non-administra15 tive functions by schools that have closed achievement 

16 gaps by not less than ten percent between subgroups de17 scribed in section 1111(b)(2)(C)(v)(II) of the Elementary 

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

19 6311(b)(2)(C)(v)(II)), as demonstrated to the satisfaction 

20 of the Secretary. 

21 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

22 authorized to be appropriated to the Secretary 

23 $50,000,000 to carry out this section. 


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1 SEC. 9. CONDITIONAL IMPLEMENTATION. 

2 (a) IN GENERAL.—Section 1116 of the Elementary 

3 and Secondary Education Act of 1965 (20 U.S.C. 6316) 

4 is amended by adding at the end the following new sub5 section: 

6 ‘‘(i) CONDITIONAL IMPLEMENTATION.—Notwith7 standing any other provision of this section, a State edu8 cational agency, local educational agency, or school, as ap9 plicable, may defer the requirements of subsections (b)(7) 

10 and (b)(8) and subsection (c)(7) and (c)(10) in any fiscal 

11 year in which the amount appropriated under section 

12 1002(a) of this Act and section 611(i) of the Individuals 

13 with Disabilities Education Act (42 U.S.C. 1411(i)) does 

14 not equal or exceed the amount authorized under such sec15 tion for such fiscal year. For purposes of determining the 

16 amounts referred to in the preceding sentence for fiscal 

17 year 2008 and subsequent fiscal years, the amount au18 thorized to be appropriated under section 1002(a) of this 

19 Act in each such fiscal year shall be $2,500,000,000 more 

20 than the amount for the preceding fiscal year. Such deter21 mination shall only apply for the purposes of this sub22 section.’’. 

23 (b) EFFECTIVE DATE.—The amendment made by 

24 this section shall take effect beginning with the first fiscal 

25 year beginning after the date of the enactment of this Act. 


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1 SEC. 10. STUDY BY GAO. 

2 (a) STUDY.—The Comptroller General of the United 

3 States shall conduct a study to— 

4 (1) determine whether increases in Federal ele5 mentary and secondary education funding since the 

6 date of the enactment of the No Child Left Behind 

7 Act of 2001 (Public Law 107–110; 115 Stat. 1425) 

8 are sufficient to cover the costs of Federal require9 ments mandated by that Act; 

10 (2) identify the costliest provisions of the Ele11 mentary and Secondary Education Act of 1965 (20 

12 U.S.C. 6301 et seq.); 

13 (3) identify cuts to programs and activities 

14 made by schools in order to implement requirements 

15 mandated by the No Child Left Behind Act of 2001; 

16 (4) determine— 

17 (A) the amount of Federal funds provided 

18 to implement the requirements of the Elemen19 tary and Secondary Education Act of 1965 

20 disaggregated by the percentages of such funds 

21 used to implement each such requirement; and 

22 (B) the percentage of State costs to imple23 ment such requirements in each such area; 

24 (5) determine the cost of aligning elementary 

25 and secondary curricula to comply with the requireVerDate Aug 31 2005 03:48 Feb 23, 2007 Jkt 059200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H1169.IH H1169

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1 ments of the Elementary and Secondary Education 

2 Act of 1965; 

3 (6) determine the cost of calculating adequate 

4 yearly progress; and 

5 (7) determine the costs of student assessments 

6 under the Elementary and Secondary Education Act 

7 of 1965. 

8 (b) REPORT.—Not later than 120 days after the date 

9 of the enactment of this Act, the Comptroller General of 

10 the United States shall submit to Congress a report con11 taining the results of the study conducted under this sec12 tion. 

Æ 


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