drop-out rate, and a measure based on in-
dividual student achievement gains over 
time, disaggregated by each of the groups 
of students described in subparagraph 
(C)(v).’’. 
(e) 
CUT
SCORES.—Clause 
(ii) 
of 
section 
1111(b)(1)(D) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6311(b)(1)(D)) is amend-
ed—
(1) in subclause (II), by striking ‘‘and’’ at the 
end; 
(2) in subclause (III), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(IV) take into consideration the 
continuum of achievement by children 
within the advanced, proficient, and 
basic levels of achievement described 
in subclauses (II) and (III) and the 
yearly progress by children within 
such continuum.’’. 
(f) NO FIRST SCORE REQUIREMENT.—Clause (iv) of 
section 1111(b)(2)(C) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)) is 
amended—
(1) by striking ‘‘(iv) measures’’ and inserting 
‘‘(iv)(I) measures’’; 
(2) by inserting ‘‘and’’ after ‘‘in paragraph 
(3);’’; and 
(3) by adding at the end the following: 
‘‘(II) if a student takes an assessment 
described in paragraph (3) for a particular 
subject or grade level more than once, may 
use, at the State’s discretion, the student’s 
results from subsequent administrations of 
the assessment;’’. 
(g) LIMITING TRANSFER OPTIONS
AND SUPPLE-
MENTAL
SERVICES
TO
STUDENTS
FROM
FAILING 
GROUPS.—Section 1116 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6316) is amended—
(1) in paragraphs (1)(E)(i), (5)(A), (7)(C)(i), 
and (8)(A)(i) of subsection (b), by striking the term 
‘‘all students enrolled in the school’’ each place such 
term appears and inserting ‘‘all students enrolled in 
the school, who are members of a group described 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),’’; 
(2) in clause (vii) of subsection (c)(10)(C), by 
inserting ‘‘, who are members of a group described
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 aligned with the State’s chal-
lenging academic content and student aca-
demic achievement standards, be aligned 
with curriculum and instruction to ade-
quately assess the effect of curriculum and 
instruction on each such challenging aca-
demic content standard, include individual 
test items (based on technical criteria) that 
enable students to achieve the items if the 
students received appropriate instruction, 
and provide coherent information about
student attainment of the State’s chal-
lenging academic content and student aca-
demic achievement standards;’’. 
(i) ASSESSING STUDENTS WITH DISABILITIES.—
Clause (ix) of section 1111(b)(3)(C) of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 
6311(b)(3)(C)) is amended—
(1) in subclause (II), by striking ‘‘and’’ at the 
end; 
(2) in subclause (III), by inserting ‘‘and’’ at the 
end; and 
(3) by adding at the end the following: 
‘‘(IV) at the discretion of the 
State, the assessment of students with 
disabilities (as defined in section 
602(3) of the Individuals with Dis-
abilities Education Act) whose in-
structional level in the core academic 
subjects is below the grade level in 
which the student is enrolled, by using 
the State assessment determined by 
the student’s individualized education 
program team (as described in section 
614(d)(1)(B) of the Individuals with 
Disabilities Education Act) to most