I 
108TH CONGRESS 
1ST SESSION H. R. 3049
To amend part A of title I of the Elementary and Secondary Education 
Act of 1965 regarding adequate yearly progress and assessments. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 9, 2003
Mr. STRICKLAND (for himself, Mr. ALLEN, Mr. ROSS, and Mrs. JONES of 
Ohio) introduced the following bill; which was referred to the Committee 
on Education and the Workforce 
A BILL 
To amend part A of title I of the Elementary and Secondary 
Education Act of 1965 regarding adequate yearly 
progress and assessments.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Student Testing Fair-
ness Act of 2003’’. 
SEC. 2. AMENDMENTS REGARDING ADEQUATE YEARLY 
PROGRESS AND ASSESSMENTS. 
(a) CONTINUOUS GROWTH MODELS.—Clause (iii) 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 by striking ‘‘for all students’’ and inserting ‘‘for 
all students, as demonstrated by measures of students’ 
progress 
toward 
proficiency, 
including 
longitudinal 
growth’’. 
(b) AVERAGING PROCEDURE.—Subparagraph (J) of 
section 1111(b)(2) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6311(b)(2)) is amended 
by adding at the end the following: 
‘‘(iv) The State may average data by 
other means that are designed to increase 
the stability of school-building results from 
year to year.’’. 
(c) ADEQUATE YEARLY PROGRESS BY GROUP AND 
SUBJECT.—Section 1116(b) of the Elementary and Sec-
ondary 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 par-
ticular 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 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 ade-
quate yearly progress,’’; 
(3) in subparagraph (C) of paragraph (7), by 
inserting ‘‘with respect to the performance of a par-
ticular 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 subparagraph (A) of paragraph (8), by 
inserting ‘‘with respect to the performance of a par-
ticular 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,’’. 
(d) MULTIPLE MEASURES.—Subparagraph (A) of 
section 1111(b)(2) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6311(b)(2)) is amended—
(1) at the end of clause (ii), by striking ‘‘and’’; 
(2) at the end of clause (iii), by striking the pe-
riod and inserting ‘‘; and’’; and 
(3) at the end, by adding the following: 
‘‘(iv) include multiple measures of stu-
dent academic achievement, such as the 
proportion of State report card indicators 
met, a performance index score, student
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—