I 
109TH CONGRESS 
2D SESSION 
H. R. 5717 
To amend the Elementary and Secondary Education Act of 1965 to clarify 
Federal requirements under that Act. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 29, 2006 
Mr. KIRK (for himself and Mr. ROTHMAN) introduced the following 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 clarify Federal requirements under that Act. 
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 ‘‘Education Assessment 
Technical Corrections Act’’. 
SEC. 2. HIGHLY QUALIFIED TEACHERS. 
(a) EXTENSION OF DEADLINE TO SATISFY REQUIRE-
MENTS RELATING TO HIGHLY QUALIFIED TEACHERS.— 
Section 1119(a) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6319(a)) is amended— 
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(1) in paragraph (2), in the matter preceding 
subparagraph (A), by striking ‘‘As part’’ and insert-
ing ‘‘Except as provided in paragraph (4), as part’’; 
(2) in paragraph (3), by striking ‘‘As part’’ and 
inserting ‘‘Except as provided in paragraph (4), as 
part’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(4) 
EXCEPTION
FOR
HARD
TO
STAFF 
AREAS.—In the case of a teacher who is teaching in 
a geographic area that the State educational agency 
or local educational agency, as appropriate, has de-
termined to be a hard to staff area, such State edu-
cational agency or local educational agency shall en-
sure that such teacher has— 
‘‘(A) not later than the end of the 2006– 
2007 school year, satisfied not less than 80 per-
cent of the requirements to be highly qualified; 
and 
‘‘(B) not later than the end of the 2007– 
2008 school year, is highly qualified.’’. 
(b) HIGH OBJECTIVE UNIFORM STATE STANDARD 
OF
EVALUATION
(HOUSSE).—Section 
9101(23)(C)(ii)(IV) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7801(23)(C)(ii)(IV)) 
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is amended by inserting ‘‘, except as provided in para-
graph (4) of section 1119(a),’’ after ‘‘is’’. 
SEC. 3. ADEQUATE YEARLY PROGRESS. 
(a) MEASUREMENT OVER MORE THAN ONE YEAR.— 
Section 1111(b)(2)(I)(i) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6311(b)(2)(I)(i)) is 
amended by striking ‘‘if the percentage of students in that 
group’’ and all that follows through ‘‘; and’’ and inserting 
‘‘if— 
‘‘(I) the percentage of students in 
that group who did not meet or ex-
ceed the proficient level of academic 
achievement on the State assessments 
under paragraph (3) for that year de-
creased by 10 percent of that percent-
age from the preceding school year 
and that group made progress on one 
or more of the academic indicators de-
scribed in subparagraph (C)(vi) or 
(vii); or 
‘‘(II) that group meets or exceeds 
the 
proficient 
level 
of 
academic 
achievement on the State assessments 
under paragraph (3) in the imme-
diately preceding year; and’’. 
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(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect and apply beginning with 
the first academic year that begins after the date of the 
enactment of this Act. 
(c) LIMITED ENGLISH PROFICIENT STUDENTS AND 
CHILDREN WITH DISABILITIES.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of Education shall submit to Congress a report containing 
recommendations for increasing the percentage of limited 
English proficient students (as defined in section 
9101(25) of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 7801(25)) and children with disabil-
ities (as defined in section 602(3) of the Individuals with 
Disabilities Education Act (20 U.S.C. 1401(3)) who meet 
or exceed the State’s proficient level of academic achieve-
ment on the State assessments under paragraph (3) of 
section 1111(b) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6311(b)). 
(d) INDIVIDUALIZED EDUCATION PROGRAM.—Sec-
tion 1111(b)(2) of the Elementary and Secondary Edu-
cation Act of 1965 is amended by adding at the end the 
following new subparagraph: 
‘‘(L) STUDENTS WITH DISABILITIES.—In 
the case of a student with a disability, a stu-
dent may be tested at the student’s instruc-
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tional level, rather than grade level, provided 
that the assessments from year to year test the 
student’s knowledge of an increasing breadth 
and level of difficulty to the State’s content 
standards. Academic assessment shall be deter-
mined in accordance with the student’s individ-
ualized education program, and, with parental 
permission, that assessment shall be applied in 
determining adequate yearly progress for the 
school and the district concerned. A student’s 
individualized education program may not allow 
testing at the same instructional level year after 
year.’’. 
(e) 
SINGLE
COUNT
OF
STUDENTS.—Section 
1111(b)(2) of the Elementary and Secondary Education 
Act of 1965 is further amended by adding at the end the 
following new subparagraph: 
‘‘(M) SINGLE COUNT OF STUDENTS.—In 
meeting the definition of adequate yearly 
progress under subparagraph (C), a State may 
allow students counted in two or more groups 
described in subparagraph (C)(v)(II) to be 
counted as an equal fraction of one for each 
such group.’’. 
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(f) NUANCED SANCTIONS.—Section 1111(b)(2) of 
the Elementary and Secondary Education Act of 1965 is 
further amended by adding at the end the following new 
subparagraph: 
‘‘(N) 
NUANCED
SANCTIONS.—When 
a 
school is not making adequate yearly progress 
by reason of a very small group of students (4 
or fewer), the sanctions under subparagraph 
(A)(iii) shall provide, as a first step, not that 
the school is designated ‘needs improvement’ 
but that the school redirect a portion of its 
funds under this Act to address the particular 
needs of that group.’’. 
Æ 
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