(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
closely correspond to the student’s in-
structional level;’’. 
(j) STUDENTS
WITH
LIMITED
ENGLISH
PRO-
FICIENCY.—Paragraph (2) of section 1111(b) of the Ele-
mentary and Secondary Education Act of 1965 (20 U.S.C. 
6311(b)) is amended by adding at the end the following: 
‘‘(L) STUDENTS WITH LIMITED ENGLISH 
PROFICIENCY.—Notwithstanding subparagraph 
(C)(v), a State may define adequate yearly 
progress under subparagraph (C) in a manner 
that measures the progress of students with 
limited English proficiency—
‘‘(i) by continuing to include in a 
group of students described in subpara-
graph (C)(v) students who attain pro-
ficiency in English; and 
‘‘(ii) by excluding the performance of 
students with limited English proficiency 
who have resided in the United States for 
less than 3 years, so as to avoid any dis-
tortion in measurement resulting from the 
new arrivals of such students. ’’. 
(k) SEPARATE STARTING POINTS.—Subparagraph 
(E) of section 1111(b)(2) (20 U.S.C. 6311(b)(2)) is 
amended by striking ‘‘, using data for the 2001–2002
school year,’’ and inserting ‘‘, for each group of students 
described in subparagraph (C)(v),’’. 
(l) MINIMUM NUMBER OF STUDENTS WITH DISABIL-
ITIES FOR STATISTICALLY RELIABLE INFORMATION.—
The 
matter 
following 
subclause 
(II) 
in 
section 
1111(b)(2)(C)(v) is amended by inserting ‘‘, and a State 
may determine that such number for a group of students 
with disabilities is greater than for other groups of stu-
dents described in this clause’’ after ‘‘information about 
any individual student’’.
Æ