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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3316 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3316

To provide for flexibility and improvements in elementary and secondary 
                   education, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 5, 2010

Ms. Collins (for herself and Ms. Snowe) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL

 
To provide for flexibility and improvements in elementary and secondary 
                   education, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``No Child Left Behind Flexibility and 
Improvements Act''.

SEC. 2. DISCRETION TO MODIFY ADEQUATE YEARLY PROGRESS TIMELINE.

    Section 1111(b)(2)(F) of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 6311(b)(2)(F)) is amended--
            (1) by striking ``(F) Timeline.--Each State'' and inserting 
        the following:
                    ``(F) Timeline.--
                            ``(i) In general.--Each State''; and
            (2) by adding at the end the following:
                            ``(ii) Discretion of secretary to modify 
                        the timeline.--Every 3 years, the Secretary--
                                    ``(I) shall review the requirements 
                                of the timeline established in clause 
                                (i); and
                                    ``(II) may issue guidance or 
                                regulations modifying such requirements 
                                if the Secretary determines, at the 
                                Secretary's discretion and after a 
                                review of the progress of the States 
                                towards making adequate yearly progress 
                                for the 2013-2014 school year, that 
                                modifications to the timeline are in 
                                the interests of improving student 
                                achievement and are in keeping with the 
                                purposes of this title.''.

SEC. 3. ALTERNATIVE ACCOUNTABILITY SYSTEMS.

    Section 1111(b)(2) of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6311(b)(2)) is further amended--
            (1) by striking subparagraph (I) and inserting the 
        following:
                    ``(I) Annual improvement for schools.--
                            ``(i) In general.--Each year, for a school 
                        to make adequate yearly progress under this 
                        paragraph--
                                    ``(I) each group of students 
                                described in subparagraph (C)(v) must 
                                meet or exceed the objectives set by 
                                the State under subparagraph (G), 
                                except that if any group described in 
                                subparagraph (C)(v) does not meet those 
                                objectives in any particular year, the 
                                school shall be considered to have made 
                                adequate yearly progress if--
                                            ``(aa) the percentage of 
                                        students in that group who did 
                                        not meet or exceed the 
                                        proficient level of academic 
                                        achievement on the State 
                                        assessment under paragraph (3) 
                                        decreased by 5 percent over the 
                                        past year, or an aggregate of 
                                        10 percent over 2 years, and 
                                        that group has made progress on 
                                        1 or more of the academic 
                                        indicators described in clause 
                                        (vi) or (vii) of subparagraph 
                                        (C); or
                                            ``(bb) the students in that 
                                        group demonstrate that the 
                                        students are making progress 
                                        towards proficiency through an 
                                        additional model or system for 
                                        measuring student progress 
                                        described in subparagraph (J) 
                                        and that group has made 
                                        progress on one or more of the 
                                        academic indicators described 
                                        in clause (vi) or (vii) of 
                                        subparagraph (C); and
                                    ``(II) not less than 95 percent of 
                                each group of students described in 
                                subparagraph (C)(v) who are enrolled in 
                                the school are required to take the 
                                assessments, consistent with paragraph 
                                (3)(C)(xi) and with accommodations, 
                                guidelines, and alternative assessment 
                                provided in the same manner as those 
                                provided under section 612(a)(16)(A) of 
                                the Individuals with Disabilities 
                                Education Act and paragraph (3), on 
                                which adequate yearly progress is based 
                                (except that the 95 percent requirement 
                                described in this clause shall not 
                                apply in a case in which the number of 
                                students in a category is insufficient 
                                to yield statistically reliable 
                                information or the results would reveal 
                                personally identifiable information 
                                about an individual student).
                            ``(ii) Children with disabilities.--In the 
                        case of a child with a disability (as defined 
                        in section 602(3) of the Individuals with 
                        Disabilities Education Act), a State may deem 
                        the child to have met the State's proficient 
                        level of academic achievement on the State 
                        assessments for purposes of calculating 
                        adequate yearly progress under this section 
                        if--
                                    ``(I) the student's individualized 
                                education program team (as defined in 
                                section 614(d)(1)(B) of such Act) 
                                designates an alternate assessment 
                                based on alternate or modified student 
                                academic achievement standards as a 
                                more appropriate measure of the 
                                student's academic progress and 
                                achievement for purposes of the 
                                assessment requirements under this 
                                part; and
                                    ``(II) the student achieves a 
                                proficient score on such alternate 
                                assessment.
                            ``(iii) State educational agency report.--
                        For any year that a State educational agency 
                        makes use of the flexibility provided by this 
                        section to allow alternate assessments for more 
                        than 3 percent of the total student population 
                        statewide, the State educational agency shall 
                        make available to the public a report that 
                        includes the percentage of all special 
                        education students in the State who were 
                        assessed according to clause (ii).'';
            (2) by redesignating subparagraphs (J) and (K) as 
        subparagraphs (L) and (M), respectively; and
            (3) by inserting after subparagraph (I) (as amended by 
        paragraph (1)) the following:
                    ``(J) Additional models and systems for measuring 
                student progress.--In developing a single, statewide 
                State accountability system pursuant to subparagraph 
                (A), a State may establish models and systems for 
                measuring student progress for purposes of determining 
                whether an agency or school has made adequate yearly 
                progress that are in addition to the models and systems 
                otherwise described in this paragraph if the models and 
                systems are in keeping with the purposes of this title. 
                Additional models and systems that measure student 
                progress under this paragraph may include--
                            ``(i) cohort growth models that--
                                    ``(I) demonstrate progress based on 
                                longitudinal student assessment results 
                                indicating improvement in the academic 
                                performance of the same cohort of 
                                students over time; and
                                    ``(II) may in some instances 
                                specify different starting points, 
                                different intermediate goals, and 
                                different annual measurable objectives 
                                for different cohorts;
                            ``(ii) indexing systems that demonstrate 
                        progress based on improvement in assessment 
                        scores for students below the proficient level, 
                        such as improvements from the below basic to 
                        basic level, or from basic to another 
                        intermediate level below the proficient level, 
                        if the system does not include improvement in 
                        students scores for students who scored at the 
                        proficient level and higher; or
                            ``(iii) a system that demonstrates progress 
                        based on improvements in closing the 
                        achievement gap or making progress toward 
                        another State-established high-achievement 
                        target, such as a system that demonstrates 
                        progress towards having all subgroups meet or 
                        exceed the current percentage of proficient 
                        students at the State's top-performing schools 
                        (such as the top 20 percent of schools), if the 
                        system requires continued improvement towards 
                        subsequently higher targets until all students 
                        have reached the proficient level.
                    ``(K) Requirement for guidance from the secretary 
                on additional models and systems for measuring student 
                progress.--Not later than 120 days after the date of 
                enactment of the No Child Left Behind Flexibility and 
                Improvements Act, the Secretary shall establish 
                specific models of additional models and systems for 
                measuring student progress that meet the requirements 
                of subparagraph (J), including models of cohort-growth 
                systems, indexing systems, or high-achievement target 
                systems described in such subparagraph. To the extent 
                possible, the models shall demonstrate the maximum 
                amount of flexibility available under this part in the 
                design of additional models and systems for measuring 
                student progress. In addition, the Secretary shall 
                create a task force to provide guidance and other 
                technical assistance to those States interested in 
                incorporating additional models and systems for 
                measuring student progress into their State 
                accountability plan.''.

SEC. 4. STATE OPTION REGARDING STUDENTS WITH LIMITED ENGLISH 
              PROFICIENCY.

    Section 1111(b)(2) of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6311(b)(2)) (as amended by section 3) is further 
amended by adding at the end the following:
                    ``(N) State option regarding students with limited 
                english proficiency.--
                            ``(i) In general.--In determining whether a 
                        school, local educational agency, or State has 
                        made adequate yearly progress under this 
                        subsection, a State shall have the option to 
                        include in the students with limited English 
                        proficiency subgroup a student who was formerly 
                        included in the subgroup and subsequently 
                        acquired proficiency in English.
                            ``(ii) Duration of inclusion in the 
                        subgroup.--A State may include a student 
                        described in clause (i) in the students with 
                        limited English proficiency subgroup until the 
                        student completes secondary school.
                            ``(iii) Rules of construction.--Nothing in 
                        this subparagraph shall be construed--
                                    ``(I) to count a student described 
                                in clause (i) as a student with limited 
                                English proficiency for purposes of--
                                            ``(aa) determining a State-
                                        defined minimum subgroup size; 
                                        and
                                            ``(bb) allocating funds 
                                        under title III; or
                                    ``(II) to require a student 
                                described in clause (i)--
                                            ``(aa) to continue to take 
                                        a limited English proficiency 
                                        assessment under paragraph (7); 
                                        and
                                            ``(bb) to receive language 
                                        services provided to students 
                                        with limited English 
                                        proficiency.''.

SEC. 5. LOCAL ACADEMIC ASSESSMENTS.

    Section 1111(b)(3)(A) of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 6311(b)(3)(A)) is amended--
            (1) by striking ``(A) In general.--Each State plan'' and 
        inserting the following:
                    ``(A) Implementation of assessments.--
                            ``(i) In general.--Each State plan''; and
            (2) by adding at the end the following:
                            ``(ii) Rule of construction regarding use 
                        of local assessments.--Nothing in this Act 
                        shall be construed to prohibit a State from 
                        using a local assessment system or a mixed 
                        system of State and local assessments in 
                        carrying out clause (i), if the assessment 
                        system--
                                    ``(I) is aligned with the State's 
                                content and achievement standards and 
                                provides coherent information about 
                                student attainment of those standards;
                                    ``(II) is valid and reliable, and 
                                consistent with relevant professional 
                                and technical standards;
                                    ``(III) provides individual student 
                                reports and itemized score analysis; 
                                and
                                    ``(IV) allows the State to 
                                aggregate, with confidence, data from 
                                disparate local assessments.
                            ``(iii) Required technical assistance.--Not 
                        later than 120 days after the date of enactment 
                        of the No Child Left Behind Flexibility and 
                        Improvements Act, the Secretary shall provide 
                        models of local assessment systems or mixed 
                        systems of State and local assessments meeting 
                        the requirements described in clause (ii), and 
                        shall provide guidance and technical assistance 
                        to States on ways that these systems may be 
                        used to satisfy the assessment requirements of 
                        this part.''.

SEC. 6. DEFERRAL OF ACADEMIC ASSESSMENTS.

    Section 1111(b)(3)(D) of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 6311(b)(3)(D)) is amended by striking clauses (i) 
through (iv) and inserting the following:
                            ``(i) $640,000,000 for fiscal year 2010; 
                        and
                            ``(ii) $670,000,000 for fiscal year 
                        2011.''.

SEC. 7. ADEQUATE YEARLY PROGRESS BY GROUP AND SUBJECT.

    Section 1116(b) of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6316(b)) is amended--
            (1) in subparagraph (A) of paragraph (1), by inserting 
        ``with respect to the performance of a particular group of 
        students described in section 1111(b)(2)(C)(v) in the same 
        academic subject,'' after ``that fails, for 2 consecutive 
        years,'';
            (2) in the matter preceding subparagraph (A) of paragraph 
        (5), by inserting ``with respect to the performance of a 
        particular group of students described in section 
        1111(b)(2)(C)(v) in the same academic subject,'' after ``that 
        fails to make adequate yearly progress,'';
            (3) in the matter preceding clause (i) of paragraph (7)(C), 
        by inserting ``with respect to the performance of a particular 
        group of students described in section 1111(b)(2)(C)(v) in the 
        same academic subject,'' after ``that fails to make adequate 
        yearly progress,''; and
            (4) in the matter preceding clause (i) of paragraph (8)(A), 
        by inserting ``with respect to the performance of a particular 
        group of students described in section 1111(b)(2)(C)(v) in the 
        same academic subject,'' after ``continues to fail to make 
        adequate yearly progress,''.

SEC. 8. MODIFICATION OF THE DEFINITION OF HIGHLY QUALIFIED TEACHER.

    (a) In General.--Subpart 1 of part A of title I of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) is amended 
by adding at the end the following:

``SEC. 1120C. MODIFICATION OF THE DEFINITION OF HIGHLY QUALIFIED 
              TEACHER.

    ``(a) Highly Qualified Teachers of Multiple Academic Subjects.--
Notwithstanding section 9101(23) or any other provision of law, a 
middle or secondary school teacher employed to teach multiple academic 
subjects shall be deemed to be highly qualified for purposes of this 
part, if--
            ``(1) the teacher meets the requirements of section 
        9101(23)(A);
            ``(2) the teacher has a bachelor's degree;
            ``(3) the teacher has demonstrated a high level of 
        competency in at least one subject taught by the teacher by--
                    ``(A) passing a test described in section 
                9101(23)(B)(ii)(I) that is applicable to such subject; 
                or
                    ``(B) successful completion of a course of study, 
                certification, or credential described in section 
                9101(23)(B)(ii) that is applicable to such subject; and
            ``(4)(A) the State educational agency makes a 
        determination, for a period of not more than 3 years at a time, 
        that--
                    ``(i) the teacher should be considered highly 
                qualified for purposes of this part based on a showing 
                that the teacher is making progress toward becoming 
                highly qualified as defined in section 9101(23); and
                    ``(ii) at the time the State educational agency 
                makes such determination, the teacher teaches in a 
                local educational agency of the State that has provided 
                the State educational agency with evidence (that may 
                include the fact that the local educational agency 
                serves a small and rural school facing unique staffing 
                or hiring challenges that require teachers to teach 
                multiple academic subjects) that the local educational 
                agency has made a reasonable effort to provide teachers 
                who are highly qualified as defined in section 9101(23) 
                to every student served by the local educational 
                agency; or
            ``(B) the teacher has an academic minor consisting of not 
        less than 15 credit hours, or the equivalent of an academic 
        minor as defined by the State educational agency in its State 
        plan pursuant to section 1119(a)(2), in each academic subject 
        that is taught by the teacher (other than a subject for which 
        the teacher has demonstrated a high level of competency under 
        paragraph (3)), and each such subject is related to a subject 
        for which the teacher has demonstrated a high level of 
        competency under paragraph (3).
    ``(b) Report.--For each year that a teacher in a State is deemed to 
be highly qualified under subsection (a), the State educational agency 
in the State shall make available to the public a report that 
includes--
            ``(1) the number of teachers in the State that are deemed 
        highly qualified under subsection (a); and
            ``(2) the total amount of subgrant funds made available 
        under subpart 2 of part A of title II that the State awards to 
        local educational agencies under such subpart that are 
        available to assist the teachers described in paragraph (1) 
        with the process of becoming highly qualified as defined in 
        section 9101(23).''.
    (b) Table of Contents.--The table of contents of the Elementary and 
Secondary Education Act of 1965 is amended by inserting after the item 
relating to section 1120B the following:

``Sec. 1120C. Modification of the definition of highly qualified 
                            teacher.''.

SEC. 9. REAUTHORIZATION OF READING FIRST AND EARLY READING FIRST 
              PROGRAMS.

    (a) Authorization of Appropriations.--Section 1002(b) of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6302(b)) is 
amended--
            (1) in paragraph (1), by striking ``2002'' and inserting 
        ``2010''; and
            (2) in paragraph (2), by striking ``2002'' and inserting 
        ``2010''.
    (b) Use of Funds for Reading Activities.--
            (1) Finding.--Congress finds that, based on the Office of 
        Inspector General of the Department of Education's September 
        2006 report entitled ``The Reading First Program's Grant 
        Application Process'', it is crucial to achieving the goals of 
        the Reading First program under subpart 1 of part B of title I 
        of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 6361 et seq.) that greater flexibility is afforded to 
        program participants, including allowing participants to choose 
        from a variety of scientifically based reading programs.
            (2) Use of funds for reading activities.--Section 
        1202(c)(7) of the Elementary and Secondary Education Act of 
        1965 (20 U.S.C. 6362(c)(7)) is amended by adding at the end the 
        following:
                    ``(C) Reading activities for individual students.--
                Notwithstanding any other provision of this subpart, an 
                eligible local educational agency may use the funds 
                provided under the subgrant for any activity described 
                in subparagraph (A) that is provided to a student in a 
                manner other than on a classwide instruction basis, 
                including small group instruction and one-to-one 
                instruction.''.

SEC. 10. DEFINITION OF HIGHLY QUALIFIED.

    Section 9101(23)(B)(ii)(II) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7801(23)(B)(ii)(II)) is amended by 
striking ``credentialing; and'' and inserting the following: 
``credentialing,
                        ``except that the Secretary shall promulgate 
                        regulations permitting a teacher to demonstrate 
                        subject area competence in history, geography, 
                        economics, government, civics, or related 
                        subjects at middle or secondary schools in the 
                        State through a State social studies 
                        certificate that qualifies the teacher to teach 
                        such subjects; and''.
                                 <all>
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