I 
109TH CONGRESS 
1ST SESSION H. R. 4470 
To amend the Elementary and Secondary Education Act of 1965 to extend 
the deadline by which State educational agencies and local educational 
agencies are required to ensure that an educator is highly qualified 
in order to account for the educator’s applicable period of military 
service. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 7, 2005 
Ms. WOOLSEY (for herself and Mr. KUHL of New York) introduced the fol-
lowing bill; which was referred to the Committee on Education and the 
Workforce 
A BILL 
To amend the Elementary and Secondary Education Act 
of 1965 to extend the deadline by which State edu-
cational agencies and local educational agencies are re-
quired to ensure that an educator is highly qualified 
in order to account for the educator’s applicable period 
of military service. 
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 ‘‘Educators in Military 
Service Act of 2005’’.
SEC. 2. TEACHERS WHO SERVED IN THE ARMED FORCES. 
(a) TEACHERS GENERALLY.—Subsection (a) of sec-
tion 1119 of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 6319) is amended— 
(1) in paragraph (2)— 
(A) in the matter before subparagraph (A), 
by inserting ‘‘subject to paragraph (4),’’ after 
‘‘plan described in section 1111,’’; 
(B) in subparagraph (A), by inserting 
‘‘subject to paragraph (4),’’ before ‘‘shall in-
clude’’; 
(2) in paragraph (3), by striking ‘‘As part of 
the plan’’ and inserting ‘‘Subject to paragraph (4), 
as part of the plan’’; and 
(3) by adding at the end the following: 
‘‘(4) TEACHERS SERVING IN THE MILITARY.— 
‘‘(A) EXTENSION.—The date by which a 
State educational agency is required under 
paragraph (2) to ensure that all teachers teach-
ing in core academic subjects within the State 
are highly qualified (the end of the 2005–2006 
school year), and the date by which a local edu-
cational agency is required under paragraph (3) 
to ensure that all teachers teaching within the 
school district served by the agency are highly 
qualified (the end of the 2005–2006 school
year), shall be extended to the date determined 
under subparagraph (C) with respect to eligible 
teachers described in subparagraph (B). 
‘‘(B) ELIGIBLE TEACHER.—For purposes 
of this paragraph, the term ‘eligible teacher’ 
means an individual who— 
‘‘(i) is or has been a public elementary 
school or secondary school teacher and is 
not described in subsection (a)(1); and 
‘‘(ii) is on active duty as a member of 
the Armed Forces, or is on full-time duty 
as a member of the National Guard of a 
State under an order to State active duty 
under title 32, United States Code, or 
under State law, on or after January 8, 
2002. 
‘‘(C) DETERMINATION
OF
DATE.—The 
date determined under this subparagraph is the 
later of the following: 
‘‘(i) The first day of the first school 
year beginning on or after the date deter-
mined by extending the deadline described 
in subparagraph (A) for a period equal to 
the number of days in the teacher’s appli-
cable period of military service.
‘‘(ii) If the teacher was enrolled in 
coursework or professional development 
that would have contributed toward the 
teacher becoming highly qualified and the 
teacher’s applicable period of military serv-
ice interrupted such coursework or profes-
sional development, the last day of the 
next session of equivalent coursework or 
professional development that begins on or 
after the date determined by extending the 
deadline described in subparagraph (A) for 
a period equal to the number of days in 
the teacher’s applicable period of military 
service. 
‘‘(D) APPLICABLE
PERIOD
OF
MILITARY 
SERVICE.—For purposes of this paragraph, the 
term ‘applicable period of military service’ 
means, with respect to an eligible teacher, the 
period (or sum of periods) that interrupts the 
teacher’s employment as a public elementary 
school or secondary school teacher and during 
which the teacher is on active duty as a mem-
ber of the Armed Forces or is on full-time duty 
as a member of the National Guard of a State
under an order to State active duty under title 
32, United States Code, or under State law— 
‘‘(i) beginning on the later of— 
‘‘(I) January 8, 2002; or 
‘‘(II) the date on which the 
teacher begins such period of active 
duty or full-time duty; and 
‘‘(ii) ending on the earlier of— 
‘‘(I) the end of the 2005–2006 
school year; or 
‘‘(II) the date on which the 
teacher ceases any such active duty or 
full-time duty.’’. 
(b) NEW SPECIAL EDUCATION TEACHERS.—Clause 
(iii) of section 602(10)(D) of the Individuals with Disabil-
ities Education Act (20 U.S.C. 1401(10)(D)) is amended 
to read as follows: 
‘‘(iii) in the case of a new special edu-
cation teacher who teaches multiple sub-
jects and who is highly qualified in mathe-
matics, language arts, or science, dem-
onstrate competence in the other core aca-
demic subjects in which the teacher teach-
es in the same manner as is required for 
an elementary, middle, or secondary school
teacher under section 9101(23)(C)(ii) of 
such Act, which may include a single, high 
objective uniform State standard of evalua-
tion covering multiple subjects— 
‘‘(I) not later than 2 years after 
the date of employment; or 
‘‘(II) in the case of such a new 
special education teacher who begins a 
period during which the teacher is on 
active duty as a member of the Armed 
Forces or is on full-time duty as a 
member of the National Guard of a 
State under an order to State active 
duty under title 32, United States 
Code, or under State law, within 2 
years of such date of employment as 
a special education teacher, not later 
than the end of the period that is 2 
years plus the number of days of such 
active duty or full-time duty after 
such date of employment.’’.
SEC. 3. PARAPROFESSIONALS WHO SERVED IN THE ARMED 
FORCES. 
Subsection (d) of section 1119 of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 6319) is 
amended— 
(1) by striking ‘‘Each local’’ and inserting the 
following: 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
each local’’; and 
(2) by adding at the end the following: 
‘‘(2) PARAPROFESSIONALS
SERVING
IN
THE 
MILITARY.— 
‘‘(A) EXTENSION.—The date by which a 
local educational agency is required under para-
graph (1) to ensure that all paraprofessionals 
described in such paragraph satisfy the require-
ments of subsection (c) shall be extended to the 
date determined under subparagraph (C) with 
respect to eligible paraprofessionals described in 
subparagraph (B). 
‘‘(B) ELIGIBLE PARAPROFESSIONAL.—For 
purposes of this paragraph, the term ‘eligible 
paraprofessional’ means an individual who— 
‘‘(i) is a paraprofessional described in 
paragraph (1); and
‘‘(ii) is on active duty as a member of 
the Armed Forces, or is on full-time duty 
as a member of the National Guard of a 
State under an order to State active duty 
under title 32, United States Code, or 
under State law, on or after January 8, 
2002. 
‘‘(C) DETERMINATION
OF
DATE.—The 
date determined under this subparagraph is the 
later of the following: 
‘‘(i) The first day of the first school 
year beginning on or after the date deter-
mined by extending the deadline described 
in subparagraph (A) for a period equal to 
the number of days in the paraprofes-
sional’s applicable period of military serv-
ice. 
‘‘(ii) If the paraprofessional was en-
rolled in coursework or professional devel-
opment that would have contributed to-
ward the paraprofessional becoming highly 
qualified and the paraprofessional’s appli-
cable period of military service interrupted 
such coursework or professional develop-
ment, the last day of the next session of
equivalent coursework or professional de-
velopment that begins on or after the date 
determined by extending the deadline de-
scribed in subparagraph (A) for a period 
equal to the number of days in the para-
professional’s applicable period of military 
service. 
‘‘(D) APPLICABLE
PERIOD
OF
MILITARY 
SERVICE.—For purposes of this paragraph, the 
term ‘applicable period of military service’ 
means, with respect to an eligible paraprofes-
sional, the period (or sum of periods) that 
interrupts the paraprofessional’s employment in 
a public elementary school or secondary school 
and during which the paraprofessional is on ac-
tive duty as a member of the Armed Forces or 
is on full-time duty as a member of the Na-
tional Guard of a State under an order to State 
active duty under title 32, United States Code, 
or under State law— 
‘‘(i) beginning on the later of— 
‘‘(I) January 8, 2002; or 
‘‘(II) the date on which the para-
professional begins such period of ac-
tive duty or full-time duty; and
‘‘(ii) ending on the earlier of— 
‘‘(I) the end of the 2005–2006 
school year; or 
‘‘(II) the date on which the para-
professional ceases any such active 
duty or full-time duty.’’. 
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