‘‘SUBPART 5—INSTRUCTIONAL LEVEL ASSESSMENT 
‘‘SEC. 6171. INSTRUCTIONAL-LEVEL ASSESSMENT PILOT 
PROGRAM. 
‘‘(a) GRANT AUTHORITY.— 
‘‘(1) IN GENERAL.—The Secretary shall award 
grants on a competitive basis to no more than ten 
State educational agencies to conduct pilot programs 
to determine the effectiveness of assessing students 
with disabilities who are achieving significantly 
below grade-level proficiency at their instructional 
level, and to facilitate quality instruction for such 
students. 
‘‘(2) GRANT PERIOD.—Grants described under 
paragraph (1) shall be made for a 3 year period. 
‘‘(b) APPLICATION.—A State that desires the grant 
described under paragraph (1) shall submit an application 
for such grant, at such time, in such manner and in such 
format as the Secretary may prescribe. In order to be eligi-
ble to receive a grant under this section, an State shall— 
‘‘(1) be determined by the Secretary to not be 
in need of intervention or substantial intervention in 
implementing the requirements as described in part 
B, section 616(d)(2) (20 U.S.C. 1416) of the Indi-
viduals with Disabilities Education Act; 
VerDate Aug 31 2005 
04:47 Nov 07, 2007
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H4100.IH
H4100
ccoleman on PROD1PC71 with BILLS
‘‘(2) have developed and implemented alternate 
assessments to modified academic achievement 
standards; 
‘‘(3) as part of such application, provide assur-
ances such agency has identified a minimum of 5 
local education agencies, considering geographic di-
versity, the mix of rural and urban districts, and the 
mix of small and large districts, to participate in the 
pilot; 
‘‘(4) demonstrate such agency will provide guid-
ance to the participating local education agencies 
on— 
‘‘(A) how to appropriately select students 
for the pilot; 
‘‘(B) scientifically valid assessment & eval-
uation tools to be utilized; and 
‘‘(C) data collection and reporting; 
‘‘(5) as part of such application, provide an as-
surance that participating local education agencies 
have implemented a response to intervention ap-
proach as defined in section 9101 that ensures that 
all students have received data driven, quality in-
struction in the grade-level content; and 
‘‘(6) ensure monitoring and oversight of the 
participating local education agencies, including es-
VerDate Aug 31 2005 
04:47 Nov 07, 2007
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4100.IH
H4100
ccoleman on PROD1PC71 with BILLS
tablishment of a process to review documentation 
provided by the individualized education program 
team (or ‘IEP Team’) (as defined in section 
614(d)(1)(B) of the Individuals with Disabilities 
Education Act (20 U.S.C. 1414(d)(1)(B))), for each 
student recommended for participation in the pilot 
to ensure that students are appropriately identified 
for participation. 
‘‘(c) PROGRAM ELEMENTS.—In implementing the 
pilot, a State educational agency and the participating 
local educational agencies shall— 
‘‘(1) limit participation of students in the pilot 
program to .5 percent of the total population of stu-
dents assessed in each participating local educational 
agency; 
‘‘(2) ensure that the participating student’s 
IEP Team has determined that the alternate assess-
ment to modified achievement standards is the ap-
propriate annual assessment for the student and se-
cured the written consent of the parents of such stu-
dent prior to such students being assessed under the 
pilot program; 
‘‘(3) ensure that all students participating in 
the pilot program are receiving data driven, quality 
VerDate Aug 31 2005 
04:47 Nov 07, 2007
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H4100.IH
H4100
ccoleman on PROD1PC71 with BILLS
instruction in the grade level content in the subject 
areas to be assessed; 
‘‘(4) ensure the IEP Team shall— 
‘‘(A) examine the student’s testing data, 
formative assessments, student work, IEP 
progress notes, data from the response to inter-
vention approaches, teacher recommendations 
and other data that indicates a student’s in-
structional level; 
‘‘(B) determine whether the student is per-
forming three or more grade levels below their 
current grade level in either reading or math, 
as measured by scientifically-valid and reliable 
instruments, and the measures described in 
subparagraph (A); and 
‘‘(C) administer scientifically-valid and re-
liable assessments based on the student’s in-
structional level in reading and/or math; and 
‘‘(5) based on the student’s instructional level 
assessment, ensure the IEP Team will develop, and 
the local education agency will implement, a series 
of targeted interventions that directly address and 
are designed to remediate identified gaps in the stu-
dent’s instructional and grade-level content knowl-
edge. 
VerDate Aug 31 2005 
04:47 Nov 07, 2007
Jkt 069200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H4100.IH
H4100
ccoleman on PROD1PC71 with BILLS
‘‘(d) ACCOUNTABILITY.— 
‘‘(1) The data from instructional level assess-
ments shall not be used for purpose of determining 
whether a student meets or exceeds a proficient level 
of achievement as described under section 1111(b). 
‘‘(2) The results of any such instructional leveal 
assessments administered under this Act shall not be 
used to determine whether a school, local edu-
cational agency, or State educational agency has 
made adequate yearly progress, as described under 
section 1111(b). 
‘‘(e) REPORTS.— 
‘‘(1) Each local education agency participating 
in the pilot will compile a report documenting 
progress on each student’s instructional level pro-
ficiency and progress made toward reaching grade 
level proficiency based on either an alternate assess-
ment based on modified academic achievement 
standards or regular academic achievement stand-
ards and a scientifically valid and reliable instruc-
tional level assessment. 
‘‘(2) Each State education agency participating 
in the pilot shall submit an annual report to the Sec-
retary, describing how many students participated in 
the pilot, and the progress made towards closing the 
VerDate Aug 31 2005 
04:47 Nov 07, 2007
Jkt 069200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H4100.IH
H4100
ccoleman on PROD1PC71 with BILLS
gap between their current grade level proficiency and 
instructional level proficiency. 
‘‘(3) Data collected shall be used by the Sec-
retary to inform the report in section 1111(b)(2)(S). 
‘‘(4) The Secretary shall issue a report to Con-
gress indicating how many students participated in 
the pilot and changes in the gap between their in-
structional and grade level proficiency before partici-
pation in the pilot and after their participation. 
‘‘(f) AUTHORIZATION OF FUNDS.—There are author-
ized to be appropriated $5,000,000 to make grants under 
this section for fiscal year 2008.’’. 
Æ 
VerDate Aug 31 2005 
04:47 Nov 07, 2007
Jkt 069200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6301
E:\BILLS\H4100.IH
H4100
ccoleman on PROD1PC71 with BILLS