(1) to enable the State educational agencies to 
develop or increase the capacity of data systems for 
assessment and accountability purposes, including 
the collection of graduation rates; and 
(2) to award subgrants to increase the capacity 
of local educational agencies to upgrade, create, or 
manage longitudinal data systems for the purpose of 
measuring student academic progress and achieve-
ment. 
(b) STATE APPLICATION.—Each State educational 
agency desiring a grant under this section shall submit 
an application to the Secretary at such time, in such man-
ner, and containing such information as the Secretary may 
require. 
(c) STATE USE OF FUNDS.—Each State educational 
agency that receives a grant under this section shall use— 
(1) not more than 20 percent of the grant 
funds for the purpose of— 
(A) increasing the capacity of, or creating, 
State databases to collect, disaggregate, and re-
port information related to student achieve-
ment, enrollment, and graduation rates for as-
sessment and accountability purposes; and
(B) reporting, on an annual basis, for the 
elementary schools and secondary schools with-
in the State, on— 
(i) the enrollment data from the be-
ginning of the academic year; 
(ii) the enrollment data from the end 
of the academic year; and 
(iii) the twelfth grade graduation 
rates; and 
(2) not less than 80 percent of the grant funds 
to award subgrants to local educational agencies 
within the State to enable the local educational 
agencies to carry out the authorized activities de-
scribed in subsection (e). 
(d) LOCAL APPLICATION.—Each local educational 
agency desiring a subgrant under this section shall submit 
an application to the State educational agency at such 
time, in such manner, and containing such information as 
the State educational agency may require. Each such ap-
plication shall include, at a minimum, a demonstration of 
the local educational agency’s ability to put a longitudinal 
data system in place. 
(e) LOCAL AUTHORIZED ACTIVITIES.—Each local 
educational agency that receives a subgrant under this 
section shall use the subgrant funds to increase the capac-
ity of the local educational agency to upgrade or manage 
longitudinal data systems consistent with the uses in sub-
section (c)(1), by— 
(1) purchasing database software or hardware; 
(2) hiring additional staff for the purpose of 
managing such data; 
(3) providing professional development or addi-
tional training for such staff; and 
(4) providing professional development or train-
ing for principals and teachers on how to effectively 
use such data to implement instructional strategies 
to improve student achievement and graduation 
rates. 
(f) DEFINITIONS.—In this section: 
(1) GRADUATION RATE.—The term ‘‘graduation 
rate’’ means the percentage that— 
(A) the total number of students who— 
(i) graduate from a secondary school 
with a regular diploma (which shall not in-
clude the recognized equivalent of a sec-
ondary school diploma or an alternative de-
gree) in an academic year; and 
(ii) graduated on time by progressing 
1 grade per academic year; represents of
(B) the total number of students who en-
tered the secondary school in the entry level 
academic year applicable to the graduating stu-
dents. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Education. 
(3) STATE EDUCATIONAL AGENCY AND LOCAL 
EDUCATIONAL
AGENCY.—The terms ‘‘State edu-
cational agency’’ and ‘‘local educational agency’’ 
have the meanings given such terms in section 9101 
of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7801). 
(g) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
$100,000,000 for fiscal year 2006, and such sums as may 
be necessary for each of the 2 succeeding fiscal years. 
SEC. 502. GRANTS FOR ASSESSMENT OF CHILDREN WITH 
DISABILITIES AND CHILDREN WHO ARE LIM-
ITED ENGLISH PROFICIENT. 
(a) GRANTS FOR ASSESSMENT OF CHILDREN WITH 
DISABILITIES
AND
CHILDREN
WHO
ARE
LIMITED 
ENGLISH PROFICIENT.—Part E of title I of the Elemen-
tary and Secondary Education Act of 1965 (20 U.S.C. 
6491 et seq.) is amended by adding at the end the fol-
lowing:
‘‘SEC. 1505. GRANTS FOR ASSESSMENT OF CHILDREN WITH 
DISABILITIES AND CHILDREN WHO ARE LIM-
ITED ENGLISH PROFICIENT. 
‘‘(a) GRANTS AUTHORIZED.—From amounts author-
ized to be appropriated under subsection (e) for a fiscal 
year, the Secretary shall award grants, on a competitive 
basis, to State educational agencies, or to consortia of 
State educational agencies, to enable the State educational 
agencies or consortia to collaborate with institutions of 
higher education, research institutions, or other organiza-
tions— 
‘‘(1) to design and improve State academic as-
sessments for students who are limited English pro-
ficient and students with disabilities; and 
‘‘(2) to ensure the most accurate, valid, and re-
liable means to assess academic content standards 
and student academic achievement standards for 
students who are limited English proficient and stu-
dents with disabilities. 
‘‘(b) AUTHORIZED ACTIVITIES.—A State educational 
agency or consortium that receives a grant under this sec-
tion shall use the grant funds to carry out 1 or more of 
the following activities: 
‘‘(1) Developing alternate assessments for stu-
dents with disabilities, consistent with section 1111 
and the amendments made on December 9, 2003, to
part 200 of title 34, Code of Federal Regulations 
(68 Fed. Reg. 68698) (relating to accountability for 
the academic achievement of students with the most 
significant cognitive disabilities), including— 
‘‘(A) the alignment of such assessments, as 
appropriate and consistent with such amend-
ments, with— 
‘‘(i) State student academic achieve-
ment standards and State academic con-
tent standards for all students; or 
‘‘(ii) alternate State student academic 
achievement standards that reflect the in-
tended instructional construct for students 
with disabilities; 
‘‘(B) activities to ensure that such assess-
ments do not reflect the disabilities, or associ-
ated characteristics, of the students that are ex-
traneous to the intent of the measurement; 
‘‘(C) the development of an implementation 
plan for pilot tests for such assessments, in 
order to determine the level of appropriateness 
and feasibility of full-scale administration; and 
‘‘(D) activities that provide for the reten-
tion of all feasible standardized features in the 
alternate assessments.
‘‘(2) Developing alternate assessments that 
meet the requirements of section 1111 for students 
who are limited English proficient, including— 
‘‘(A) the alignment of such assessments 
with State student academic achievement stand-
ards and State academic content standards for 
all students; 
‘‘(B) the development of parallel native 
language assessments or linguistically modified 
assessments for limited English proficient stu-
dents that meet the requirements of section 
1111(b)(3)(C)(ix)(III); 
‘‘(C) the development of an implementation 
plan for pilot tests for such assessments, in 
order to determine the level of appropriateness 
and feasibility of full-scale administration; and 
‘‘(D) activities that provide for the reten-
tion of all feasible standardized features in the 
alternate assessments. 
‘‘(3) Developing, modifying, or revising State 
policies and criteria for appropriate accommodations 
to ensure the full participation of students who are 
limited English proficient and students with disabil-
ities in State academic assessments, including—
‘‘(A) developing a plan to ensure that as-
sessments provided with accommodations are 
fully included and integrated into the account-
ability system, for the purpose of making the 
determinations of adequate yearly progress re-
quired under section 1116; 
‘‘(B) ensuring the validity, reliability, and 
appropriateness of such accommodations, such 
as— 
‘‘(i) a modification to the presentation 
or format of the assessment; 
‘‘(ii) the use of assistive devices; 
‘‘(iii) an extension of the time allowed 
for testing; 
‘‘(iv) an alteration of the test setting 
or procedures; 
‘‘(v) the administration of portions of 
the test in a method appropriate for the 
level of language proficiency of the test 
taker; 
‘‘(vi) the use of a glossary or dic-
tionary; and 
‘‘(vii) the use of a linguistically modi-
fied assessment;
‘‘(C) ensuring that State policies and cri-
teria for appropriate accommodations take into 
account the form or program of instruction pro-
vided to students, including the level of dif-
ficulty, reliability, cultural difference, and con-
tent equivalence of such form or program; 
‘‘(D) ensuring that such policies are con-
sistent with the standards prepared by the 
Joint Committee on Standards for Educational 
and Psychological Testing of the American 
Educational Research Association, the Amer-
ican Psychological Association, and the Na-
tional Council on Measurement in Education; 
and 
‘‘(E) developing a plan for providing train-
ing on the use of accommodations to school in-
structional staff, families, students, and other 
appropriate parties. 
‘‘(4) Developing universally designed assess-
ments that can be accessible to all students, includ-
ing— 
‘‘(A) examining test item or test perform-
ance for students with disabilities and students 
who are limited English proficient, to determine
the extent to which the test item or test is uni-
versally designed; 
‘‘(B) using think aloud and cognitive lab-
oratory procedures, as well as item statistics, to 
identify test items that may pose particular 
problems for students with disabilities or stu-
dents who are limited English proficient; 
‘‘(C) developing and implementing a plan 
to ensure that developers and reviewers of test 
items are trained in the principles of universal 
design; and 
‘‘(D) developing computer-based applica-
tions of universal design principles. 
‘‘(c) APPLICATION.—Each State educational agency, 
or consortium of State educational agencies, desiring to 
apply for a grant under this section shall submit an appli-
cation to the Secretary at such time, in such manner, and 
containing such information as the Secretary may require, 
including— 
‘‘(1) information regarding the institutions of 
higher education, research institutions, or other or-
ganizations that are collaborating with the State 
educational agency or consortium, in accordance 
with subsection (a);
‘‘(2) in the case of a consortium of State edu-
cational agencies, the designation of 1 State edu-
cational agency as the fiscal agent for the receipt of 
grant funds; 
‘‘(3) a description of the process and criteria by 
which the State educational agency will identify stu-
dents that are unable to participate in general State 
content assessments and are eligible to take alter-
nate assessments, consistent with the amendments 
made to part 200 of title 34, Code of Federal Regu-
lations (68 Fed. Reg. 68698); 
‘‘(4) in the case of a State educational agency 
or consortium carrying out the activity described in 
subsection (b)(1)(A), a description of how the State 
educational agency plans to fulfill the requirement of 
subsection (b)(1)(A); 
‘‘(5) in the case of a State educational agency 
or consortium carrying out the activities described in 
paragraphs (1), (2), and (4) of subsection (b), infor-
mation regarding the proposed techniques for the 
development of alternate assessments, including a 
description of the technical adequacy of, technical 
aspects of, and scoring for such assessments; 
‘‘(6) a plan for providing training for school in-
structional staff, families, students, and other appro-
priate parties on the use of alternate assessments; 
and 
‘‘(7) information on how the scores of students 
participating in alternate assessments will be re-
ported to the public and to parents. 
‘‘(d) EVALUATION
AND
REPORTING
REQUIRE-
MENTS.—Each State educational agency receiving a grant 
under this section shall submit an annual report to the 
Secretary describing the activities carried out under the 
grant and the result of such activities, including— 
‘‘(1) details on the effectiveness of the activities 
supported under this section in helping students 
with disabilities, or students who are limited English 
proficient, better participate in State assessment 
programs; and 
‘‘(2) information on the change in achievement, 
if any, of students with disabilities and students who 
are limited English proficient, as a result of a more 
accurate assessment of such students. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
$50,000,000 for fiscal year 2006, and such sums as may 
be necessary for each of the 2 succeeding fiscal years.’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
the Elementary and Secondary Education Act of 1965 (20