II 

109TH CONGRESS 

2D SESSION S. 4064 

To improve the amendments made by the No Child Left Behind Act of 

2001. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 16, 2006 

Mr. CRAPO introduced the following bill; which was read twice and referred 

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

A BILL 

To improve the amendments made by the No Child Left 

Behind Act of 2001. 

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 Improvements Act of 2006’’. 

6 SEC. 2. REFERENCES. 

7 Except as otherwise specifically provided, whenever in 

8 this Act an amendment or repeal is expressed in terms 

9 of an amendment to, or a repeal of, a section or other 

10 provision, the reference shall be considered to be made to 


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1 a section or other provision of the Elementary and Sec2 ondary Education Act of 1965 (20 U.S.C. 6301 et seq.). 

3 SEC. 3. ADEQUATE YEARLY PROGRESS. 

4 (a) ACCOUNTABILITY.—Section 1111(b)(2) (20 

5 U.S.C. 6311(b)(2)) is amended— 

6 (1) in subparagraph (I)(ii)— 

7 (A) by striking ‘‘95 percent’’ the first place 

8 the term appears and inserting ‘‘90 percent 

9 (which percentage shall be based on criteria es10 tablished by the State in the State plan)’’; and 

11 (B) by striking ‘‘95 percent’’ the second 

12 place the term appears and inserting ‘‘90 per13 cent’’; 

14 (2) by redesignating subparagraph (K) as sub15 paragraph (O); and 

16 (3) by inserting, after subparagraph (J), the 

17 following: 

18 ‘‘(K) SINGLE COUNT OF STUDENTS.—In 

19 meeting the definition of adequate yearly 

20 progress under subparagraph (C), a student 

21 who may be counted in 2 or more groups de22 scribed in subparagraph (C)(v)(II), may be 

23 counted as an equal fraction of 1 for each such 

24 group. 


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1 ‘‘(L) STUDENTS WITH DISABILITIES RE2 QUIRING ALTERNATE ASSESSMENTS.—Notwith3 standing any other provision of this part, a 

4 State may implement the amendments made to 

5 part 200 of title 34, Code of Federal Regula6 tions on December 9, 2003 (68 Fed. Reg. 

7 68698) (related to achievement of students with 

8 significant cognitive disabilities) as if such 

9 amendments— 

10 ‘‘(i) permitted the proficient or ad11 vanced scores on alternate assessments of 

12 not more than 3.0 percent of all tested stu13 dents to be considered as proficient or ad14 vanced, respectively, for the purposes of 

15 determining adequate yearly progress, ex16 cept that— 

17 ‘‘(I) any assessment given to any 

18 such so considered student for the 

19 purposes of determining such ade20 quate yearly progress shall be re21 quired by the individualized education 

22 program of such so considered stu23 dent; 

24 ‘‘(II) the individualized education 

25 program shall reflect the need for any 


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1 such alternate assessment based on 

2 the evaluation of such so considered 

3 student and the services provided such 

4 so considered student under section 

5 614 of the Individuals with Disabil6 ities Education Act; and 

7 ‘‘(III) the individualized edu8 cation program shall include written 

9 consent from the parent of such so 

10 considered student prior to such alter11 nate assessment being administered; 

12 ‘‘(ii) used the term ‘students requiring 

13 alternate assessments’ in lieu of the term 

14 ‘students with the most significant cog15 nitive disabilities’; and 

16 ‘‘(iii) permitted the eligibility, of such 

17 so considered students to have the stu18 dents’ scores of proficient or advanced on 

19 alternate assessments counted as proficient 

20 or advanced for purposes of determining 

21 adequate yearly progress, to be determined 

22 by the State educational agency, except 

23 that such eligibility shall, at a minimum, 

24 include— 


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1 ‘‘(I) such so considered students 

2 who are receiving services pursuant to 

3 a plan required under section 504 of 

4 the Rehabilitation Act of 1973; 

5 ‘‘(II) the students described in 

6 subclause (I) who are assessed at a 

7 grade level below the grade level in 

8 which the students are enrolled (out 

9 of level assessments); and 

10 ‘‘(III) the students described in 

11 subclause (I) who are considered stu12 dents with the most significant cog13 nitive disabilities, as defined by the 

14 State educational agency, on the day 

15 before the date of enactment of the 

16 No Child Left Behind Improvements 

17 Act of 2006. 

18 ‘‘(M) OTHER MEASURES OF ADEQUATE

19 YEARLY PROGRESS.—Notwithstanding any 

20 other provision of this paragraph, a State may 

21 establish in the State plan an alternative defini22 tion of adequate yearly progress, subject to ap23 proval by the Secretary under subsection (e). 

24 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 in subparagraph (II) or (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 achievement 

14 or the progress of groups described in 

15 clause (i) as the sole basis for determining 

16 whether the State, or a local educational 

17 agency or school within the State, has 

18 made adequate yearly progress, if— 

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 12 


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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).’’. 

6 (b) ASSESSMENTS.—Section 1111(b)(3)(C) (20 

7 U.S.C. 6311(b)(3)(C)) is amended— 

8 (1) in clause (ix), by striking subclause (III) 

9 and inserting the following: 

10 ‘‘(III) the inclusion of limited 

11 English proficient students, who— 

12 ‘‘(aa) may, consistent with 

13 paragraph (2)(M), be assessed, 

14 as determined by the local edu15 cational agency, through the use 

16 of an assessment which requires 

17 achievement of specific gains for 

18 up to 3 school years from the 

19 first year the student is assessed 

20 for the purposes of this sub21 section; 

22 ‘‘(bb) may, at the option of 

23 the State educational agency, be 

24 assessed in the first year the stu25 dent attends school in the United 


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1 States (not including the Com2 monwealth of Puerto Rico); and 

3 ‘‘(cc) shall not be included 

4 in any calculation of an adequate 

5 yearly progress determination 

6 when the student is in the first 

7 year of attendance at a school in 

8 the United States (not including 

9 the Commonwealth of Puerto 

10 Rico).’’; and 

11 (2) in clause (x), by inserting ‘‘of clause (ix)’’ 

12 after ‘‘subclause (III)’’. 

13 (c) REGULATIONS AFFECTING LIMITED ENGLISH

14 PROFICIENT CHILDREN AND CHILDREN WITH DISABIL15 ITIES.—Section 1111 (20 U.S.C. 6311) is amended by 

16 adding at the end the following: 

17 ‘‘(n) CODIFICATION OF REGULATIONS AFFECTING

18 LIMITED ENGLISH PROFICIENT CHILDREN.—Notwith19 standing any other provision of this part, this part shall 

20 be implemented consistent with the amendments proposed 

21 to part 200 of title 34 of the Code of Federal Regulations 

22 on June 24, 2004 (69 Fed. Reg. 35462) (relating to the 

23 assessment of limited English proficient children and the 

24 inclusion of limited English proficient children in sub25 groups) as if such amendments permitted students who 


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1 were previously identified as limited English proficient to 

2 be included in the group described in subsection 

3 (b)(2)(C)(v)(II)(dd) for 3 additional years, as determined 

4 by a local educational agency (based on the individual 

5 needs of a child) for the purposes of determining adequate 

6 yearly progress.’’. 

7 SEC. 4. SCHOOL IMPROVEMENT AND PUBLIC SCHOOL 

8 CHOICE. 

9 Section 1116(b) (20 U.S.C. 6316(b)) is amended— 

10 (1) in paragraph (1)— 

11 (A) in subparagraph (A), by inserting ‘‘(in 

12 the same subject for the same group of stu13 dents, as described in section 

14 1111(b)(2)(C)(v))’’ after ‘‘2 consecutive years’’; 

15 (B) in subparagraph (E)(i)— 

16 (i) by striking ‘‘In the case’’ and in17 serting ‘‘Except as provided in subpara18 graph (G), in the case’’; and 

19 (ii) by striking ‘‘all students enrolled 

20 in the school with the option to transfer to 

21 another public school’’ and inserting ‘‘stu22 dents who failed to meet the proficient 

23 level of achievement on the assessments de24 scribed in section 1111(b)(3), are enrolled 

25 in the school, and are in the group whose 


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1 academic performance caused the identi2 fication under this paragraph, with the op3 tion to transfer to one other public school 

4 identified by and’’; and 

5 (C) by adding at the end the following: 

6 ‘‘(G) OPTIONS.—A local educational agen7 cy may offer supplemental services as described 

8 in subsection (e) in place of the option to trans9 fer to another public school described in sub10 paragraph (E), for the first school year a school 

11 is identified for improvement under this para12 graph.’’; 

13 (2) in the matter preceding subparagraph (A) 

14 of paragraph (5), by inserting ‘‘(in the same subject 

15 for the same group of students)’’ after ‘‘adequate 

16 yearly progress’’; and 

17 (3) in the matter preceding clause (i) of para18 graph (7)(C), by inserting ‘‘(in the same subject for 

19 the same group of students)’’ after ‘‘adequate yearly 

20 progress’’. 

Æ 


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