I 
109TH CONGRESS 
1ST SESSION H. R. 1722 
To direct the Secretary of Education to revise regulations to increase the 
percentage of proficient and advanced level scores based on alternate 
assessments and alternate achievement standards for purposes of calcu-
lating adequate yearly progress, to amend the Elementary and Secondary 
Education Act of 1965 to decrease the percentage of students who 
meet or exceed the proficient level of academic achievement on State 
assessments required to calculate adequate yearly progress, to direct 
the Secretary of Education to expand to two years the exclusion for 
second year limited English proficiency students from adequate yearly 
progress calculations, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 20, 2005 
Mr. BRADLEY of New Hampshire introduced the following bill; which was 
referred to the Committee on Education and the Workforce 
A BILL 
To direct the Secretary of Education to revise regulations 
to increase the percentage of proficient and advanced 
level scores based on alternate assessments and alternate 
achievement standards for purposes of calculating ade-
quate yearly progress, to amend the Elementary and 
Secondary Education Act of 1965 to decrease the per-
centage of students who meet or exceed the proficient 
level of academic achievement on State assessments re-
quired to calculate adequate yearly progress, to direct 
the Secretary of Education to expand to two years the 
exclusion for second year limited English proficiency stu-
dents from adequate yearly progress calculations, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. INCREASE IN PERCENTAGE OF PROFICIENT 
AND ADVANCED LEVEL SCORES BASED ON 
ALTERNATE ASSESSMENTS AND ALTERNATE 
ACHIEVEMENT STANDARDS FOR STUDENTS 
WITH THE MOST SIGNIFICANT COGNITIVE 
DISABILITIES THAT MAY BE COUNTED FOR 
PURPOSES 
OF 
CALCULATING 
ADEQUATE 
YEARLY PROGRESS FOR SCHOOLS, LOCAL 
EDUCATIONAL AGENCIES, AND STATES. 
Not later than 30 days after the date of the enact-
ment of this Act, the Secretary of Education shall revise 
section 200.13(c) of title 34, Code of Federal Regulations, 
to raise to three percent from one percent the number of 
proficient and advanced level scores based on alternate as-
sessments and alternate achievement standards for stu-
dents with the most significant cognitive disabilities that 
may be counted for purposes of calculating adequate year-
ly progress (as such term is defined in section 
1111(b)(2)(C) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6311(b)(2)(C))) for schools, 
local educational agencies, and States.
SEC. 2. DECREASE IN PERCENTAGE OF STUDENTS WHO 
MEET OR EXCEED THE PROFICIENT LEVEL 
OF ACADEMIC ACHIEVEMENT ON STATE AS-
SESSMENTS REQUIRED TO CALCULATE ADE-
QUATE YEARLY PROGRESS FOR SCHOOLS. 
Section 1111(b)(2)(I)(i) of the Elementary and Sec-
ondary 
Education 
Act 
of 
1965 
(20 
U.S.C. 
6311(b)(2)(I)(i)) is amended by striking ‘‘decreased by 10 
percent’’ and inserting ‘‘decreased by 7 percent’’. 
SEC. 3. EXCLUSION FOR SECOND YEAR OF LIMITED 
ENGLISH 
PROFICIENCY 
STUDENTS 
FROM 
ADEQUATE 
YEARLY 
PROGRESS 
CALCULA-
TIONS. 
Not later than 30 days after the date of the enact-
ment of this Act, the Secretary of Education shall issue 
policy guidance directing that the assessment results of 
first-year and second-year limited English proficiency stu-
dents who are recently resettled refugees (as determined 
by the Secretary in consultation with the Secretary of 
Homeland Security) and who take the reading/language 
arts assessment are not required to be included in ade-
quate yearly progress determinations, even if such stu-
dents have been enrolled in the school or district for one 
or two full academic years as defined by the State.
SEC. 4. EFFECTIVE DATE. 
The regulations promulgated pursuant to section 1, 
the amendment made by section 2, and the policy guidance 
issued pursuant to section 3 shall apply beginning with 
the first academic year that begins after the date of the 
enactment of this Act. 
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