I 
110TH CONGRESS 
1ST SESSION H. R. 2846 
To improve the quality of classroom learning by empowering States to develop 
performance-based assessments that measure higher order thinking skills. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 25, 2007 
Mr. YARMUTH introduced the following bill; which was referred to the 
Committee on Education and Labor 
A BILL 
To improve the quality of classroom learning by empowering 
States to develop performance-based assessments that 
measure higher order thinking skills. 
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 ‘‘Improving Classroom 
Learning and Student Performance Act of 2007’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) PERFORMANCE-BASED
ASSESSMENT.—The 
term ‘‘performance-based assessment’’ means assess-
ments that evaluate applications of knowledge to 
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real-world tasks. Such assessments are designed to 
measure higher order thinking and performance 
skills. 
(2) HIGHER ORDER THINKING AND PERFORM-
ANCE
SKILLS.—The term ‘‘higher order thinking 
and performance skills’’ means the abilities to— 
(A) frame and solve problems; 
(B) find, evaluate, analyze, and synthesize 
information; 
(C) apply knowledge to new problems or 
situations; 
(D) develop and test complex ideas; and 
(E) communicate ideas or solutions pro-
ficiently in oral or written form. 
(3) MULTIPLE MEASURES.—The term ‘‘multiple 
measures’’ means different sources of evidence of 
student learning in a subject or across subject areas. 
Such sources of evidence provide multiple opportuni-
ties to demonstrate achievement, are accessible to 
students at varying levels of proficiency, and utilize 
different methods for demonstrating achievement. 
SEC. 3. PURPOSES. 
The purposes of this Act are as follows: 
(1) To empower States to develop assessment 
systems that— 
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(A) are aligned with student learning 
standards; 
(B) provide multiple measures of student 
learning, including performance assessments 
that assess higher order thinking and perform-
ance skills; 
(C) include local assessments that provide 
timely, diagnostic information about student 
learning; 
(D) are consistent with nationally recog-
nized professional standards for test construc-
tion and test use, including standards of fair-
ness, reliability, and validity; 
(E) employ principles of universal design 
and use appropriately designed assessments and 
accommodations for special populations and 
English language learners; and 
(F) are used for purposes for which they 
are valid and reliable. 
(2) To ensure that local assessments include 
common assessments developed for use at the school 
or district level, and classroom-based evidence ob-
tained from curriculum-embedded assessments. Such 
assessments may be used in the State assessment 
system when they— 
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(A) assess student learning in light of con-
tent standards, including higher order thinking 
and performance skills; 
(B) meet technical requirements of validity 
and reliability; 
(C) are fair and unbiased; 
(D) include multiple sources of evidence 
about student learning; and 
(E) can be used to demonstrate student 
progress toward and attainment of proficiency. 
SEC. 4. GRANTS FOR PERFORMANCE-BASED ASSESSMENT 
SYSTEMS. 
(a) PROGRAM ESTABLISHED.—From funds made 
available to carry out this Act, the Secretary shall award 
grants to State educational agencies receiving funds under 
title I of the Elementary and Secondary Education Act 
of 1965 that demonstrate to the satisfaction of the Sec-
retary, based on peer review, that the requirements of this 
section will be met, to— 
(1) enable States (or consortia of States) to col-
laborate with institutions of higher education, other 
research institutions, or other organizations to im-
prove the quality, validity, and reliability of State 
and local academic assessments, including the devel-
opment or enhancement of State or local perform-
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ance assessments that can be used for diagnostic 
purposes and as part of the State accountability sys-
tem; 
(2) enable States to develop the capacity of 
local education agencies to validly and reliably assess 
student academic achievement using multiple sources 
of evidence, including school-based performance as-
sessments; and 
(3) enable States and local districts to develop 
the capacity of teachers and school leaders to de-
velop, use, and reliably evaluate the results of lo-
cally-administered performance assessments. 
(b) MINIMUM AWARD.—Each grant under this sec-
tion shall be for at least $5,000,000 per year. 
(c) DURATION.—Each grant under this section shall 
be for a period of not more than 5 years. 
(d) TECHNICAL ASSISTANCE.—Each State receiving 
a grant under this section shall allocate at least 5 percent 
of the grant for technical assistance. The State shall use 
that allocation to work with universities or other non-prof-
it research organizations that have expertise in perform-
ance assessments for assistance in the development, imple-
mentation, evaluation and improvement of State and local 
performance assessment systems. The universities and 
non-profit research organizations shall use the amounts to 
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develop tools States can use, such as various methods for 
weighting indicators used in the assessment and improve-
ment system or means for evaluating assessments systems 
and the consequences of their use. 
(e) ALLOWABLE USES.— 
(1) IN GENERAL.—A grant under this section 
may be used for— 
(A) developing, piloting, and validating 
performance assessments that are or will be in-
corporated into their assessment systems; 
(B) training teachers and school leaders to 
score such assessments; and 
(C) developing and testing systems for au-
diting or moderating the scoring process to en-
sure reliability and validity of such assessments. 
(2) SUBGRANTS.—The State may, pursuant to 
criteria established by the State, make subgrants to 
local educational agencies or schools to— 
(A) develop and implement local perform-
ance assessments; and 
(B) train teachers and school leaders to 
score and use such assessments for tracking 
student progress and for guiding curriculum 
and instruction. 
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(3) FORMATIVE ASSESSMENTS.—A State, local 
educational agency, or school may use funds under 
this section to support the development and imple-
mentation of formative assessments that are per-
formance-based and that enable schools to provide 
detailed feedback to students and teachers to enable 
them to improve their learning and teaching. 
(4) OTHER USES.—A State may retain a por-
tion of the grant amounts to— 
(A) develop integrated State assessment 
systems that incorporate and weight multiple 
measures, including the results of periodic 
standardized tests and State or local perform-
ance assessments; 
(B) collaborate with other States in shar-
ing knowledge on the development and use of 
such systems and their assessment components; 
(C) provide assistance to local educational 
agencies and schools in developing and imple-
menting their assessments; or 
(D) evaluate the local assessments. 
(5) STATES THAT HAVE ALREADY BEGUN TO 
DEVELOP.—A State that has already begun to de-
velop such a system is eligible under this section to 
strengthen or expand its local assessments. 
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(f) REQUIREMENTS.—Any State that receives funds 
under this section shall meet the following requirements: 
(1) Ensure that high-quality professional devel-
opment is available for educators to help develop and 
learn to use and score the assessments. 
(2) Develop means to ensure that State and 
local assessments are aligned to learning standards, 
meet professional assessment standards, are unbi-
ased, and valid for the purposes for which they will 
be used, and are scored reliably. These means shall 
include mechanisms for training scorers and pro-
viding a process of expert review, auditing, or mod-
eration to ensure the integrity of the scoring proc-
ess. 
(3) Develop means to integrate local perform-
ance assessment results with those of State bench-
mark examinations in the State accountability sys-
tem for purposes of evaluating schools and student 
progress. 
(g) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this sec-
tion— 
(1) $200,000,000 for fiscal year 2008; 
(2) $200,000,000 for fiscal year 2009; 
(3) $200,000,000 for fiscal year 2010; 
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(4) $200,000,000 for fiscal year 2011; and 
(5) $200,000,000 for fiscal year 2012. 
Æ 
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