II 

111TH CONGRESS 

2D SESSION S. 3558 

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

IN THE SENATE OF THE UNITED STATES 

JUNE 30, 2010 

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

the Committee on Health, Education, Labor, and Pensions 

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— 

11 (1) in subparagraph (C)(vii)— 


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1 (A) by striking ‘‘such as’’; 

2 (B) by inserting ‘‘such as measures of indi3 vidual or cohort growth over time based on the 

4 academic assessments implemented in accord5 ance with paragraph (3),’’ after ‘‘described in 

6 clause (v),’’; and 

7 (C) 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 through ‘‘action or restructuring’’. 

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 are authorized to be appropriated to carry out this part 

8 $80,000,000 for each of fiscal years 2011, 2012, and 

9 2013.’’. 

10 SEC. 4. DEFINITION OF HIGHLY QUALIFIED TEACHERS. 

11 Section 9101(23)(B)(ii) of the Elementary and Sec12 ondary Act of 1965 (20 U.S.C. 7801(23)(B)(ii)) is amend13 ed— 

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

15 semicolon; 

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

17 the semicolon; and 

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

19 ‘‘(III) in the case of a middle 

20 school teacher, passing a State ap21 proved middle school generalist exam 

22 when the teacher receives the teach23 er’s license to teach middle school in 

24 the State; 


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1 ‘‘(IV) obtaining a State social 

2 studies certificate that qualifies the 

3 teacher to teach history, geography, 

4 economics, and civics in middle or sec5 ondary schools, respectively, in the 

6 State; or 

7 ‘‘(V) obtaining a State science 

8 certificate that qualifies the teacher to 

9 teach earth science, biology, chem10 istry, and physics in middle or sec11 ondary schools, respectively, in the 

12 State; and’’. 

Æ 


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