in section 1111(b)(2)(C)(v) that fails to make ade-
quate yearly progress as defined in the State’s plan 
under section 1111(b)(2),’’ after ‘‘Authorizing stu-
dents’’; and 
(3) in subparagraph (A) of subsection (e)(12), 
by inserting ‘‘, who is a member of a group de-
scribed in section 1111(b)(2)(C)(v) that fails to 
make adequate yearly progress as defined in the 
State’s plan under section 1111(b)(2)’’ after ‘‘under 
section 1113(c)(1)’’. 
(h) 
ASSESSMENTS.—Clause 
(ii) 
of 
section 
1111(b)(3)(C) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6311(b)(3)(C)) is amended 
to read as follows: 
‘‘(ii) be fully aligned with the State’s 
challenging academic content and student 
academic 
achievement 
standards, 
be 
aligned with curriculum and instruction to 
adequately assess the effect of curriculum 
and instruction on each such challenging 
academic content standard, include indi-
vidual test items (based on technical cri-
teria) that enable students to achieve the 
items if the students received appropriate 
instruction, and provide coherent informa-
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tion about student attainment of the 
State’s challenging academic content and 
student academic achievement standards;’’. 
(i) ASSESSING STUDENTS WITH DISABILITIES.— 
(1) IN
GENERAL.—Subsection (b) of section 
1111 of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 6311) is amended by adding 
at the end the following: 
‘‘(11) CHILDREN WITH DISABILITIES.— 
‘‘(A) MODIFICATION OF STANDARDS, AS-
SESSMENTS.—With respect to a child with a 
disability, a State plan shall provide for alter-
nate challenging academic content standards 
and challenging student academic achievement 
standards under paragraph (1)(A), alternate 
high standards of academic achievement de-
scribed in paragraph (2)(C)(i), and alternate 
yearly student academic assessments described 
in paragraph (3), to align such standards and 
assessments with the child’s individualized edu-
cation program. 
‘‘(B) DETERMINATION OF APPLICABLE AS-
SESSMENT.—In carrying out this paragraph, 
consistent with the Individuals with Disabilities 
Education Act, the State— 
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‘‘(i) shall allow the individualized edu-
cation program team of each child with a 
disability in the State to determine wheth-
er an 
alternate 
academic 
assessment 
should be administered to the child in lieu 
of the academic assessment otherwise re-
quired by paragraph (3); 
‘‘(ii) shall require the individualized 
education program team of the child to se-
lect any such alternate academic assess-
ment from among the alternate assess-
ments included in the State’s plan pursu-
ant to subparagraph (C); and 
‘‘(iii) shall require that any alternate 
academic assessment administered to a 
child under this paragraph be more ad-
vanced than any such assessment adminis-
tered to the child in a previous school year 
under this paragraph. 
‘‘(C) ALTERNATIVE ASSESSMENTS.—Each 
State plan shall include alternate academic as-
sessments that may be administered to children 
with disabilities for purposes of complying with 
this paragraph. 
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‘‘(D) DEFINITION.—In this paragraph, the 
term ‘individualized education program’ has the 
meaning given to that term in section 602 of 
the Individuals with Disabilities Education 
Act.’’. 
(2) RULE OF CONSTRUCTION.—The amendment 
made by paragraph (1) shall be construed as super-
seding the 2.0 percent cap at section 200.13(c)(1) of 
title 34, Code of Federal Regulations (imposing a 
cap on the number of children with disabilities 
whose proficient and advanced scores, although 
based on alternate achievement standards, may be 
included in calculating adequate yearly progress). 
(j) STUDENTS
WITH
LIMITED
ENGLISH
PRO-
FICIENCY.—Paragraph (2) of section 1111(b) of the Ele-
mentary and Secondary Education Act of 1965 (20 U.S.C. 
6311(b)) is amended by adding at the end the following: 
‘‘(L) STUDENTS WITH LIMITED ENGLISH 
PROFICIENCY.—Notwithstanding subparagraph 
(C)(v), a State may define adequate yearly 
progress under subparagraph (C) in a manner 
that measures the progress of students with 
limited English proficiency— 
‘‘(i) by continuing to include in a 
group of students described in subpara-
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graph (C)(v) students who attain pro-
ficiency in English; and 
‘‘(ii) by excluding the performance of 
students with limited English proficiency 
who have resided in the United States for 
less than 3 years and for whom native lan-
guage assessments in math and reading or 
language arts are not available, so as to 
avoid any distortion in measurement re-
sulting from the new arrivals of such stu-
dents.’’. 
(k) SEPARATE STARTING POINTS.—Subparagraph 
(E) of section 1111(b)(2) (20 U.S.C. 6311(b)(2)) is 
amended by striking ‘‘, using data for the 2001–2002 
school year,’’ and inserting ‘‘, for each group of students 
described in subparagraph (C)(v),’’. 
Æ 
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