I 
110TH CONGRESS 
2D SESSION 
H. R. 6632 
To amend the Elementary and Secondary Education Act of 1965 to reform 
various programs and activities carried out under that Act. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 29, 2008 
Mr. CASTLE introduced the following bill; which was referred to the Com-
mittee on Education and Labor, and in addition to the Committee on Fi-
nancial Services, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To amend the Elementary and Secondary Education Act 
of 1965 to reform various programs and activities carried 
out 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; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Improving No Child Left Behind for All Students Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. References. 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6211
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE 
DISADVANTAGED 
Subtitle A—Improving Basic Programs Operated by Local Educational 
Agencies 
Sec. 101. Postsecondary and workplace readiness. 
Sec. 102. Growth models. 
Sec. 103. Disaggregation of data. 
Sec. 104. English language learners. 
Sec. 105. Students with disabilities. 
Sec. 106. Peer review. 
Sec. 107. Report cards. 
Sec. 108. Comparison of State standards. 
Sec. 109. Local educational agency plans. 
Sec. 110. School and local educational agency improvement and assistance. 
Sec. 111. Longitudinal data systems. 
Sec. 112. Creating a reliable and accurate graduation rate to improve the aca-
demic achievement of high school students. 
Sec. 113. Reading First. 
Sec. 114. Amendments to part C (Education of Migratory Children and Youth). 
Sec. 115. Amendments to part E (National Assessment of title I). 
Sec. 116. Amendments to part G (Advanced Placement). 
Sec. 117. Use of adaptive assessments. 
Subtitle B—Striving Readers 
Sec. 121. Striving Readers. 
TITLE II—RECRUITING TEACHERS FOR UNDERSERVED URBAN 
AND RURAL UNITED STATES COMMUNITIES 
Sec. 201. Purposes. 
Sec. 202. Definitions. 
Sec. 203. Grant program authorized. 
Sec. 204. Grant requirements. 
Sec. 205. Authorized activities. 
Sec. 206. Evaluation. 
Sec. 207. Participation agreement and financial assistance under Troops to 
Teachers program. 
Sec. 208. Authorization of appropriations. 
Sec. 209. New part E (Civic Education; transferred from title II). 
TITLE III—HOMELESS EDUCATION 
Sec. 301. Education for homeless children and youths. 
SEC. 2. REFERENCES. 
Except as otherwise expressly provided, whenever in 
this Act an amendment or repeal is expressed in terms 
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
section or other provision of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 6301 et seq.). 
TITLE I—IMPROVING THE ACA-
DEMIC ACHIEVEMENT OF THE 
DISADVANTAGED 
Subtitle A—Improving Basic Pro-
grams Operated by Local Edu-
cational Agencies 
SEC. 101. POSTSECONDARY AND WORKPLACE READINESS. 
(a) IN GENERAL.—Title I (20 U.S.C. 6301 et seq.) 
is amended by inserting after section 1111 the following 
new section: 
‘‘SEC. 1111A. POSTSECONDARY AND WORKPLACE READI-
NESS. 
‘‘(a) IN GENERAL.—At the State’s discretion, the 
State educational agency, independently or in consortia 
with other States, may analyze and revise the standards 
used under section 1111 to ensure that they are vertically 
aligned from grade to grade and with what students 
should know in order to be successful in postsecondary 
education and the workplace. Such analysis shall consist 
of— 
‘‘(1) consulting with existing P–16 or P–20 
Councils, or if one does not exist, consulting with 
groups and individuals described in subsection (a)(1) 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
of section 1111, representatives from the State’s 
higher education system, including faculty that make 
decisions about placement in credit bearing courses, 
and small and large businesses; 
‘‘(2) reviewing existing national, international, 
and private efforts to identify postsecondary edu-
cation and workplace readiness skills; and 
‘‘(3) completing a rigorous alignment process 
between State assessments and revised standards. 
‘‘(b) HIGH QUALITY ASSESSMENTS ALIGNED WITH 
NEW STANDARDS.—Each State educational agency or 
consortium of States that adopts the new standards de-
scribed in subsection (a) shall, within 2 years after com-
pleting the analysis and revision required by subsection 
(a), ensure that State assessments— 
‘‘(1) are fully aligned with the standards de-
scribed in subsection (a) through a rigorous align-
ment process; 
‘‘(2) meet all the assessment quality require-
ments in section 1111(b)(3)(C); and 
‘‘(3) involve multiple up-to-date measures of 
student academic achievement in each subject and 
each grade level assessed under this Act, including 
measures that assess higher-order thinking skills 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
and understanding, application and transferability of 
knowledge, problem solving, analysis, and synthesis. 
‘‘(c) STATE CONSORTIA.—States may enter into con-
sortia with other States to develop shared standards and 
assessments of postsecondary education and workplace 
readiness. 
‘‘(d) PEER REVIEW.—Each State or consortium of 
States shall appoint an independent peer review panel to 
review standards and assessments to establish that the 
standards are aligned from grade to grade and with what 
students must know and do to be successful in postsec-
ondary education and the workforce, and that the State 
assessments are rigorously aligned with such State stand-
ards. Members of the peer review panel shall include— 
‘‘(1) representatives of small and large busi-
nesses; 
‘‘(2) representatives of institutions of higher 
education; 
‘‘(3) widely recognized experts on developing 
college and work ready standards; 
‘‘(4) widely recognized experts in educational 
assessment; and 
‘‘(5) representatives of parents, teachers, prin-
cipals, and State and local educational agencies. 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
‘‘(e) ADDITIONAL FUNDS.—All funds appropriated 
under section 6113(a)(2) above $400,000,000 shall be al-
located only to States and consortia of States that choose 
to adopt the standards and assessments under this sec-
tion.’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents for such title is amended by inserting after the item 
relating to section 1111 the following new item: 
‘‘Sec. 1111A. Postsecondary and workplace readiness.’’. 
SEC. 102. GROWTH MODELS. 
Section 1111(b)(2) (20 U.S.C. 6311(b)(2)) is amend-
ed by adding at the end the following: 
‘‘(L) STUDENT
GROWTH.—A State may, 
consistent with requirements established by the 
Secretary, establish and implement procedures 
for incorporating student academic growth into 
the State’s definition of adequate yearly 
progress under subparagraph (C). A State that 
desires to incorporate student academic growth 
into the State’s definition of adequate yearly 
progress under subparagraph (C) shall, at a 
minimum— 
‘‘(i) include, in its procedures for in-
corporating student academic growth in 
the definition of adequate yearly progress, 
an expectation that all students in each 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
group described in subparagraph (C)(v) 
will, by the end of the 2013–2014 school 
year, meet or exceed, or be on trajectory to 
meet or exceed within 3 years, the State’s 
proficient level of academic achievement on 
the State assessments under paragraph 
(3); 
‘‘(ii) 
establish 
individual 
student 
growth objectives that are based on meet-
ing the State’s proficient level of academic 
achievement on the State assessments 
under paragraph (3) and are not based on 
individual student background characteris-
tics; 
‘‘(iii) establish separate, measurable 
objectives for the assessments of mathe-
matics and reading or language arts under 
subsection (a)(3); 
‘‘(iv) ensure that all students who are 
tested using the State’s assessments under 
paragraph (3)(B) are included in the 
State’s assessment and accountability sys-
tem under this section; 
‘‘(v) include, in its definition of ade-
quate yearly progress, the results of assess-
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
ments included in paragraph (3), approved 
by the Secretary, that— 
‘‘(I) produce comparable results, 
from grade to grade and from year to 
year in each of the grades 3 through 
8, and in secondary school, in mathe-
matics and reading or language arts; 
and 
‘‘(II) have been in use by the 
State for at least two years; 
‘‘(vi) track student progress through a 
State-developed longitudinal data system 
that meets the requirements of section 
1120C; and 
‘‘(vii) include, as separate academic 
indicators in determining whether schools 
are making adequate yearly progress for a 
particular year— 
‘‘(I) the rate of student participa-
tion in assessments under paragraph 
(3); and 
‘‘(II) other academic indicators 
as 
described 
in 
subparagraph 
(C)(vi).’’. 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
SEC. 103. DISAGGREGATION OF DATA. 
Section 1111(b)(2) (20 U.S.C. 6311(b)(2)) is further 
amended by adding at the end the following: 
‘‘(M) DISAGGREGATION
OF
DATA
FOR 
GROUPS.—Disaggregation of data under sub-
paragraph (C)(v)(II) shall not be required in a 
case in which the number of students in a cat-
egory in a school is insufficient to yield statis-
tically reliable information (a number which 
shall be the same for all groups of students re-
ferred to in subparagraph (C)(v)(II), be statis-
tically reliable based on the assessment used by 
the State, but be not greater than 30, except 
that the Secretary may approve a number 
greater than 30 but not greater than 40 if the 
State educational agency can justify, through 
documented evidence of its reliability, that 
greater number) or the results would reveal per-
sonally identifiable information about an indi-
vidual student.’’. 
SEC. 104. ENGLISH LANGUAGE LEARNERS. 
(a) 
ADEQUATE
YEARLY
PROGRESS.—Section 
1111(b)(2) (20 U.S.C. 6311(b)(2)) is further amended by 
adding at the end the following: 
‘‘(N) ENGLISH LANGUAGE LEARNERS.— 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
‘‘(i) INCLUSION IN GROUP FOR UP TO 
THREE
YEARS
AFTER
NO
LONGER
AN 
ENGLISH
LANGUAGE
LEARNER.—A State 
or local educational agency may, in deter-
mining whether the group of students re-
ferred to in subparagraph (C)(v)(II)(dd) 
met an annual measurable objective as de-
scribed in subparagraph (G), include the 
scores of all students who were previously 
identified as English language learners for 
a period of up to three years per student 
from the time the student is no longer con-
sidered an English language learner. 
‘‘(O) RECENTLY ARRIVED ENGLISH LAN-
GUAGE LEARNERS.— 
‘‘(i) EXEMPTION.—A State may ex-
empt recently arrived English language 
learners from one administration of the 
State’s reading or language arts assess-
ment. 
‘‘(ii) INCLUSION.—A State shall in-
clude recently arrived English language 
learners in the State’s assessments in 
mathematics and science. 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
‘‘(iii) DEFINITION.—For the purpose 
of this subparagraph, the term ‘recently 
arrived English language learner’ means 
an English language learner who has at-
tended schools in the United States for a 
period of less than 12 months.’’. 
(b) ASSESSMENTS OF ENGLISH LANGUAGE LEARN-
ERS.—Section 1111(b) (20 U.S.C. 6311(b)) is further 
amended by adding at the end the following: 
‘‘(11) ASSESSMENTS
OF
ENGLISH
LANGUAGE 
LEARNERS.— 
‘‘(A) TEMPORARY
AUTHORITY
TO
USE 
ENGLISH PROFICIENCY TESTS.—During and for 
no longer than the 2 school years following the 
school year in which the Improving No Child 
Left Behind for All Students Act was enacted, 
for the purposes of determining adequate yearly 
progress in reading or language arts, in the 
case of each English language learner who is in 
the lowest levels of English proficiency, the 
State may use the student’s assessment in 
English language proficiency instead of the stu-
dent’s assessment in reading or language arts. 
‘‘(B) 
ACCOMMODATIONS.—Each 
State 
shall, in the State plan, identify the accom-
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
modations used in assessing English language 
learners and demonstrate how the State will 
prepare teachers to use those accommodations 
appropriately. 
‘‘(C) FLEXIBILITY.—Each State shall have 
the flexibility to test English language learners 
using alternate, valid, and reliable assessments, 
such as native language assessments, for a pe-
riod of up to 3 years, and each State may, be-
yond that period, continue to do so on a case- 
by-case basis for up to 3 years.’’. 
SEC. 105. STUDENTS WITH DISABILITIES. 
Section 1111(b)(2) (20 U.S.C. 6311(b)(2)) is further 
amended by adding at the end the following: 
‘‘(P) STUDENTS WITH DISABILITIES.— 
‘‘(i) IN
GENERAL.—In determining 
adequate yearly progress for schools, local 
educational agencies, and the State, a 
State may include— 
‘‘(I) the scores of students with 
the most significant cognitive disabil-
ities who meet or exceed the proficient 
level of academic achievement based 
on alternate academic achievement 
standards, provided that the number 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
of those scores (at the local edu-
cational agency and State levels, sepa-
rately) does not exceed one percent of 
all students in the grades assessed in 
mathematics or reading or language 
arts; and 
‘‘(II) the scores of students with 
disabilities who meet or exceed the 
proficient level of academic achieve-
ment based on modified academic 
achievement 
standards, 
provided 
that— 
‘‘(aa) the number of those 
scores (at the local educational 
agency and State levels, sepa-
rately) does not exceed two per-
cent of all students in the grades 
assessed in mathematics, reading 
or language arts; or 
‘‘(bb) in the case of a local 
educational agency that is grant-
ed an increase under clause (iv), 
the number of those scores at the 
local educational agency level 
does not exceed three percent of 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
all students in the grades as-
sessed in mathematics, reading 
or language arts. 
‘‘(ii) EXCEPTION.— 
‘‘(I) In addition to the authority 
described in clause (iv), a State or 
local educational agency may exceed 
the two percent limitation in clause 
(i)(II) if the number of proficient and 
advanced scores based on alternate 
academic achievement standards is 
less than one percent, provided that 
the number of proficient and ad-
vanced scores based on modified and 
alternate academic achievement stand-
ards combined does not exceed three 
percent of all students in the grades 
assessed. 
‘‘(II) A State may, in accordance 
with such criteria as the Secretary 
may prescribe, waive the one percent 
cap in clause (i)(I) for local edu-
cational agencies in the State, pro-
vided the State does not exceed the 
one percent limitation. 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
‘‘(iii) SPECIAL
RULE.—A State or 
local educational agency may, in deter-
mining adequate yearly progress for the 
group of students referred to in subpara-
graph (C)(v)(II) who are students with dis-
abilities, include the scores of students who 
were previously identified under section 
602(3) of the Individuals with Disabilities 
Education Act, for a period of up to three 
years per student from the time the stu-
dents stop receiving those services. 
‘‘(iv) INCREASE.—Each year, a local 
educational agency may, consistent with 
the requirements of the regulations modi-
fying parts 200 and 300 of title 34, Code 
of Federal Regulations, as published in the 
Federal Register on April 9, 2007, apply 
to the State educational agency for an in-
crease described in clause (i)(II)(bb) for 
that year. A local educational agency that 
desires to receive such an increase shall 
submit an application to the State edu-
cational agency at such time, in such man-
ner, and including such information as the 
State may require, including— 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
‘‘(I) presenting evidence as to 
why the percentage of students with 
disabilities described in clause (i)(II) 
in the district exceeds more than two 
percent of all students assessed; 
‘‘(II) presenting evidence that 
such students with disabilities are per-
forming below grade-level because of 
their disability, not because those stu-
dents— 
‘‘(aa) did not have access to 
the general curriculum; 
‘‘(bb) did not have appro-
priate accommodations; 
‘‘(cc) did not have highly- 
qualified teachers; and 
‘‘(dd) did not have scientif-
ically-based instruction; 
‘‘(III) explaining the reason or 
reasons why the number of students 
described in clause (i)(II) exceeds two 
percent; and 
‘‘(IV) ensuring that the local 
educational agency is fully and effec-
tively addressing the requirements of 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
‘‘(vi) DETERMINATIONS
OF
STATE 
COMPLIANCE.—An increase granted under 
clause (iv) shall not be used to determine 
the compliance of a State with the percent-
age 
limitations 
described 
in 
clause 
(i)(II)(aa). 
‘‘(vii) TERMINATION
OF
AUTHORITY 
TO GRANT INCREASES.—The authority of a 
State educational agency to grant an in-
crease under clause (iv) shall not extend 
beyond the 2010–2011 school year. 
‘‘(viii) COMPLIANCE.—A local edu-
cational agency may not exercise the au-
thority provided under clause (iv) if such 
agency has been found to be out of compli-
ance with part B of the Individuals with 
Disabilities Education Act. 
‘‘(ix) NOT APPLICABLE TO CERTAIN 
LOCAL
EDUCATIONAL
AGENCIES.—The 
percentage limitations described in sub-
clauses (I) and (II) of clause (i) shall not 
apply to a local educational agency for any 
year in which the local educational agency 
serves exclusively students whose Individ-
ualized Education Program, as defined in 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
section 602 of the Individuals with Disabil-
ities Education Act, states that they 
should be assessed based on alternate or 
modified achievement standards, if such 
agency so served such students as of the 
first day of the 2007–2008 school year.’’. 
SEC. 106. PEER REVIEW. 
Section 1111(e) (20 U.S.C. 6311(e)) is amended to 
read as follows: 
‘‘(e) PEER REVIEW AND SECRETARIAL APPROVAL.— 
‘‘(1) SECRETARIAL
DUTIES.—The Secretary 
shall— 
‘‘(A) establish a peer review process to as-
sist in the review of State plans that will pro-
mote continuous improvement, innovation, and 
understanding and provide for timely, fully 
transparent, and continuous feedback, technical 
assistance, and training to States on the quality 
of their State plans and applications; 
‘‘(B) appoint individuals to the peer review 
process who— 
‘‘(i) are experts who are knowledge-
able about standards, assessments, the 
needs of low performing schools, and other 
educational needs of students and the chal-
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
lenges that States face in developing and 
implementing systems in these areas; and 
‘‘(ii) include representatives of par-
ents, teachers, principals, State educational 
agencies, and local educational agencies; 
‘‘(C) ensure that the peer review process 
maintains coherence among peer review panels 
and well managed and accessible peer review 
databases and removes barriers to prompt and 
transparent feedback to States; 
‘‘(D) post information about the Depart-
ment’s peer review process for each State plan 
in an easily identifiable place on the Depart-
ment’s website within one week of the establish-
ment of the peer review process for each State; 
‘‘(E) approve a State plan within 120 days 
of its submission, unless the Secretary deter-
mines that the plan does not meet the require-
ments of this section; 
‘‘(F) if the Secretary determines that the 
State plan does not meet the requirements of 
subsection (a), (b), or (c), immediately notify 
the State in writing of such determination and 
the reasons for such determination and post 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
that determination on the Department’s web 
site; 
‘‘(G) not decline to approve a State’s plan 
before— 
‘‘(i) offering the State an opportunity 
to revise its plan; 
‘‘(ii) providing technical assistance in 
order to assist the State to meet the re-
quirements of subsections (a), (b), and (c); 
and 
‘‘(iii) providing a hearing; 
‘‘(H) have the authority to disapprove a 
State plan for not meeting the requirements of 
this part, but shall not have the authority to re-
quire a State, as a condition of approval of the 
State plan, to include in, or delete from, such 
plan one or more specific elements of the 
State’s academic content standards or to use 
specific academic assessment instruments or 
items; and 
‘‘(I) have the authority to disapprove a 
State plan that was recommended for approval 
by the peer review panel with or without revi-
sions only by making written findings of good 
cause for such disapproval and posting such 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
written findings in an easily identifiable place 
on the Department’s website within one week of 
the Secretary’s determination. 
‘‘(2) STATE REVISIONS.—A State plan shall be 
revised by the State educational agency if necessary 
to satisfy the requirements of this section. All such 
revisions must be posted on the State educational 
agency’s website within 30 days after the State sub-
mits the revisions to the Secretary.’’. 
SEC. 107. REPORT CARDS. 
Section 1111(h) (20 U.S.C. 6311(h)) is amended by 
striking paragraphs (1) and (2) and inserting the fol-
lowing: 
‘‘(1) ANNUAL STATE REPORT CARD.— 
‘‘(A) IN GENERAL.—A State that receives 
assistance under this part shall prepare and 
disseminate an annual State report card. 
‘‘(B) IMPLEMENTATION.—The State report 
card shall be— 
‘‘(i) concise; 
‘‘(ii) presented in an understandable 
and uniform format and, to the extent 
practicable, provided in a language that 
the parents can understand; and 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
‘‘(iii) posted on the State’s website in 
a place that is easy to find. 
‘‘(C) 
REQUIRED
INFORMATION.—The 
State shall include in its annual State report 
card— 
‘‘(i) information, in the aggregate, on 
student achievement at each proficiency 
level on the State academic assessments 
described 
in 
subsection 
(b)(3) 
(disaggregated by race, ethnicity, gender, 
disability status, migratory status, English 
proficiency, and status as economically dis-
advantaged, 
except 
that 
such 
disaggregation shall not be required to the 
same extent disaggregation is not required 
under subsection (b)(2)(C)(v)); 
‘‘(ii) information that provides a com-
parison between the actual achievement 
levels of each group of students described 
in subsection (b)(2)(C)(v) and the State’s 
annual measurable objectives for each such 
group of students on each of the academic 
assessments required under this part; 
‘‘(iii) the percentage of students not 
tested (disaggregated by the same cat-
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
egories and subject to the same exception 
described in clause (i)); 
‘‘(iv) the most recent 2-year trend in 
student achievement in each subject area, 
and for each grade level, for which assess-
ments under this section are required; 
‘‘(v) information on any other indica-
tors used by the State to determine the 
adequate yearly progress of students in 
achieving 
State 
academic 
achievement 
standards, disaggregated by group of stu-
dents 
referred 
to 
in 
section 
1111(b)(2)(C)(v)(II); 
‘‘(vi) the graduation rates required by 
this Act; 
‘‘(vii) information on the performance 
of local educational agencies in the State 
regarding 
making 
adequate 
yearly 
progress, including the number and names 
of each school identified for school im-
provement and assistance under section 
1116 and the number and names of each 
school that does make adequate yearly 
progress for 2 consecutive years and is not 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
identified for school improvement and as-
sistance; 
‘‘(viii) the professional qualifications 
of teachers in the State, the percentage of 
such teachers teaching with emergency or 
provisional credentials, and the percentage 
of classes in the State not taught by highly 
qualified teachers, in the aggregate and 
disaggregated by high-poverty compared to 
low-poverty schools which, for the purpose 
of this clause, means schools in the top 
quartile of poverty and the bottom quartile 
of poverty in the State; 
‘‘(ix) a clear and concise description 
of the State’s accountability system, in-
cluding a description of the criteria by 
which the State evaluates school perform-
ance, and the criteria that the State has 
established, 
consistent 
with 
subsection 
(b)(2), to determine the status of schools 
regarding school improvement and assist-
ance or redesign; and 
‘‘(x) information, disaggregated by the 
highest and lowest achieving deciles of 
public schools (based on statewide stand-
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
ardized assessments), on the proportion of 
teachers in core academic subjects who are 
highly qualified. 
‘‘(D) OPTIONAL INFORMATION.—The State 
may include in its annual State report card 
such other information as the State believes will 
best provide parents, students, and other mem-
bers of the public with information regarding 
the progress of each of the State’s public ele-
mentary schools and public secondary schools. 
Such information may include information re-
garding— 
‘‘(i) school attendance rates; 
‘‘(ii) average class size in each grade; 
‘‘(iii) academic achievement and gains 
in English proficiency of English language 
learners; 
‘‘(iv) the incidence of school violence, 
drug abuse, alcohol abuse, student suspen-
sions, and student expulsions; and 
‘‘(v) the extent and type of parental 
involvement in the schools. 
‘‘(2) ANNUAL
LOCAL
EDUCATIONAL
AGENCY 
REPORT CARDS.— 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
‘‘(A) REPORT CARDS.—A local educational 
agency that receives assistance under this part 
shall prepare and disseminate an annual local 
educational agency report card, except that the 
State educational agency may provide the local 
educational agency a one-year exception if the 
local educational agency demonstrates that ex-
ceptional or uncontrollable circumstances, such 
as a natural disaster or a precipitous and un-
foreseen decline in the financial resources of the 
local educational agency, prevented full imple-
mentation of this paragraph that year and that 
the local educational agency will prepare and 
disseminate a report card with the same infor-
mation, including any up-to-date information 
for the following year. 
‘‘(B) 
MINIMUM
REQUIREMENTS.—The 
State educational agency shall ensure that each 
local educational agency collects appropriate 
data and includes in the local educational agen-
cy’s annual report the information described in 
paragraph (1)(C) as applied to the local edu-
cational agency and each school served by the 
local educational agency, and— 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
‘‘(i) in the case of a local educational 
agency— 
‘‘(I) the number and percentage 
of schools identified for school im-
provement and assistance under sec-
tion 1116 and how long the schools 
have been so identified; and 
‘‘(II) information that shows the 
achievement of students served by the 
local educational agency on the state-
wide academic assessment and other 
indicators used to determine adequate 
yearly progress compared to students 
in the State as a whole; and 
‘‘(ii) in the case of a school— 
‘‘(I) whether the school has been 
identified for school improvement and 
assistance; and 
‘‘(II) information that shows the 
school’s students’ achievement on the 
statewide academic assessments and 
other indicators used to determine 
adequate yearly progress compared to 
students in the local educational agen-
cy and the State as a whole. 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
‘‘(C) OTHER INFORMATION.—A local edu-
cational agency may include in its annual local 
educational agency report card any other appro-
priate information, whether or not such infor-
mation is included in the annual State report 
card. 
‘‘(D) DATA.—A local educational agency 
or school shall only include in its annual local 
educational agency report card data that are 
sufficient to yield statistically reliable informa-
tion as determined by the State, and that do 
not reveal personally identifiable information 
about an individual student. 
‘‘(E) PUBLIC DISSEMINATION.—The local 
educational agency shall publicly disseminate 
the information described in this paragraph to 
all schools in the school district served by the 
local educational agency and to all parents of 
students attending those schools in an under-
standable and uniform format and, to the ex-
tent practicable, in a language that the parents 
can understand, and make the information 
widely available through public means, such as 
posting on the Internet, distribution to the 
media, and distribution through public agencies, 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
except that if a local educational agency issues 
a report card for all students, the local edu-
cational agency may include the information 
under this section as part of such report.’’. 
SEC. 108. COMPARISON OF STATE STANDARDS. 
Section 1111 (20 U.S.C. 6311) is amended by adding 
at the end the following 
‘‘(n) COMPARISON OF STATE STANDARDS.— 
‘‘(1) STUDY.—The Secretary shall enter into an 
agreement with the National Academy of Sciences to 
conduct a study to compare and address the varying 
rigor of academic standards and assessments from 
State to State under this title, which may have the 
result that all of the Nation’s students are not being 
taught to the same high standards. The study shall 
explore problems associated with such disparities 
and provide recommendations to the Secretary, the 
Committee on Health, Education, Labor, and Pen-
sions of the Senate, and the Committee on Edu-
cation and Labor of the House of Representatives on 
developing a common scale on which to compare 
such standards and assessments, and on ways the 
system may be improved. 
‘‘(2) COMMON SCALE.—Upon completion of the 
study in paragraph (1), the Secretary shall select a 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
common scale and every two years analyze and com-
pare the standards and assessments of States using 
the common scale. 
‘‘(3) ANNUAL REPORT.—The Secretary shall on 
an annual basis report to the Committee on Health, 
Education, Labor, and Pensions of the Senate and 
the Committee on Education and Labor of the 
House of Representatives such findings. 
‘‘(4) PUBLICATION.—The Secretary shall make 
public and post on the Department’s website the 
findings of the analysis.’’. 
SEC. 109. LOCAL EDUCATIONAL AGENCY PLANS. 
Section 1112 (20 U.S.C. 6311) is amended to read 
as follows: 
‘‘SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS. 
‘‘(a) PLANS REQUIRED.— 
‘‘(1) SUBGRANTS.—A local educational agency 
may receive a subgrant under this part for any fiscal 
year only if such agency has on file with the State 
educational agency a comprehensive plan that ad-
dresses student achievement in all elementary and 
secondary schools served under this Act. The plan 
shall— 
‘‘(A) be approved by the State educational 
agency; and 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
‘‘(B) be coordinated with other programs 
under this Act, the Individuals with Disabilities 
Education Act, the Carl D. Perkins Career and 
Technical Education Act of 2006, the McKin-
ney-Vento Homeless Assistance Act, and other 
Acts, as appropriate. 
‘‘(2) CONSOLIDATED APPLICATION.—The plan 
may be submitted as part of a consolidated applica-
tion under section 9305. 
‘‘(b) PLAN PROVISIONS.— 
‘‘(1) IN GENERAL.—In order to help low-achiev-
ing children meet challenging achievement academic 
standards, each local educational agency plan shall 
include— 
‘‘(A) a description of high-quality student 
academic assessments, if any, that are in addi-
tion to the academic assessments described in 
the State plan under section 1111(b)(3), that 
the local educational agency and schools served 
under this part will use— 
‘‘(i) to determine the success of chil-
dren served under this part in meeting the 
State student academic achievement stand-
ards, and to provide information to teach-
ers, parents, and students on the progress 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
being made toward meeting the State stu-
dent academic achievement standards de-
scribed in section 1111(b)(1)(D)(ii); 
‘‘(ii) to assist in diagnosis, teaching, 
and learning in the classroom in ways that 
best enable low-achieving students, includ-
ing students from groups of students re-
ferred to in section 1111(b)(2)(C)(v)(II), 
served under this part to meet State stu-
dent academic achievement standards and 
succeed in the local curriculum; 
‘‘(iii) to determine what revisions are 
needed to schoolwide projects under this 
part so that such children meet the State 
student academic achievement standards; 
‘‘(iv) to identify students who may be 
at risk for reading failure or who are hav-
ing difficulty reading, through the use of 
screening, diagnostic, and classroom-based 
instructional reading assessments, as de-
fined under section 1208; and 
‘‘(v) to identify students who are at 
risk of dropping out as early as possible; 
‘‘(B) at the local educational agency’s dis-
cretion, a description of any other measures 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
and indicators that will be used in addition to 
the academic indicators described in section 
1111 for the uses described in such section; 
‘‘(C) a description of how the local edu-
cational agency will use the results of the as-
sessments described in section 1111(b)(3) to 
provide research-based instruction and interven-
tions, including by using the authority provided 
in section 614(b)(6)(B) of the Individuals with 
Disabilities Education Act; 
‘‘(D) a description of how the local edu-
cational agency will provide additional edu-
cational assistance to individual students as-
sessed as needing help in meeting the State’s 
challenging 
student 
academic 
achievement 
standards, such as through an evidence-based 
intervention model; 
‘‘(E) a description of the strategy the local 
educational agency will use to coordinate pro-
grams under this part with programs under 
title II to provide professional development for 
teachers and principals, and, if appropriate, 
specialized instructional support personnel, ad-
ministrators, parents, and other staff, including 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
local educational agency level staff in accord-
ance with sections 1118 and 1119; 
‘‘(F) a description of how the local edu-
cational agency will coordinate and integrate 
services provided under this part with other 
educational services at the local educational 
agency or individual school level in order to in-
crease program effectiveness, eliminate duplica-
tion, and reduce fragmentation of such services, 
such as— 
‘‘(i) Even Start, Head Start, Reading 
First, Early Reading First, and other pre-
school programs, including plans for the 
transition of participants in such programs 
to local elementary school programs; and 
‘‘(ii) services for English language 
learners (including programs under title 
III), students with disabilities, migratory 
children and youth, neglected or delinquent 
youth, Indian children served under part A 
of title VII, homeless children and youth, 
and immigrant children and youth, and 
early intervening services as defined in sec-
tion 613(f) of the Individuals with Disabil-
ities Education Act; 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
‘‘(G) a description of the strategy that the 
local educational agency will use to engage in 
effective consultation with representatives of In-
dian tribes located in the area served by the 
local educational agency in the development of 
the local plan to improve the coordination of ac-
tivities under this Act and to meet the unique 
cultural, language, and educational needs of In-
dian students; 
‘‘(H) an assurance that the local edu-
cational agency will participate, if selected, in 
the State National Assessment of Educational 
Progress in 4th and 8th grade reading or lan-
guage arts and mathematics carried out under 
section 303(b)(2) of the National Assessment of 
Educational Progress Authorization Act; 
‘‘(I) a description of the poverty criteria 
that will be used to select school attendance 
areas under section 1113; 
‘‘(J) a description of how teachers, in con-
sultation with parents, administrators, and spe-
cialized instructional support personnel, in tar-
geted assistance schools under section 1115, 
will identify the eligible children most in need 
of services under this part; 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
‘‘(K) a general description of the nature of 
the programs to be conducted by such agency’s 
schools under sections 1114 and 1115 and, 
where appropriate, educational services outside 
such schools for children living in local institu-
tions for neglected or delinquent children, and 
for neglected and delinquent children in com-
munity day school programs; 
‘‘(L) a description of how the local edu-
cational agency will ensure that migratory chil-
dren and formerly migratory children who are 
eligible to receive services under this part are 
selected to receive such services on the same 
basis as other children who are selected to re-
ceive services under this part; 
‘‘(M) if appropriate, a description of how 
the local educational agency will use funds 
under this part to support preschool programs 
for children, particularly children participating 
in Early Reading First, or in a Head Start or 
Even Start program, which services may be 
provided directly by the local educational agen-
cy or through a subcontract with the local Head 
Start agency designated by the Secretary of 
Health and Human Services under section 641 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
of the Head Start Act, or an agency operating 
an Even Start program, an Early Reading First 
program, or another comparable public early 
childhood development program; 
‘‘(N) a description of the actions the local 
educational agency will take to assist its low- 
achieving schools identified for improvement 
and assistance under section 1116; 
‘‘(O) a description of the actions the local 
educational agency will take to implement pub-
lic school choice, and supplemental services, 
consistent with the requirements of section 
1116; 
‘‘(P) a description of how the local edu-
cational agency will meet the requirements of 
section 1119, including the actions the local 
educational agency will pursue to encourage 
highly qualified teachers take positions in, and 
remain in, schools served under this part; 
‘‘(Q) a description of the services (includ-
ing transportation to school of origin pursuant 
to section 722(g)(1)(J)(iii) of the McKinney- 
Vento Homeless Assistance Act (42 U.S.C. 
11432(g)(1)(J)(iii))) the local educational agen-
cy will provide homeless children and youths, 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
including a description of how the funds re-
served under section 1113(c)(3)(A) were deter-
mined; 
‘‘(R) a description of the strategy the local 
educational agency will use to implement effec-
tive parental involvement under section 1118; 
‘‘(S) where appropriate, a description of 
how the local educational agency will use funds 
under this part to support before and after 
school and school year extension (including be-
fore school and summer school) programs; 
‘‘(T) a description of the local educational 
agency’s strategies to coordinate with other 
agencies and community-based organizations to 
address nonacademic barriers to learning for 
students who are low-performing or at risk or 
dropping out of school; and 
‘‘(U) a description of the local educational 
agency’s strategies to meet the needs and inter-
ests of high school students and provide a high 
school diploma, including meeting any State or 
local graduation requirements, utilizing options 
such as multiple pathways, programs for over- 
age, under-credited, and dropout recovery pro-
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
grams that offer students a range of edu-
cational options. 
‘‘(2) EXCEPTION.—The academic assessments 
and indicators described in subparagraphs (A) and 
(B) of paragraph (1) shall not be used— 
‘‘(A) in lieu of the academic assessments 
required under section 1111(b)(3) and other 
State 
academic 
indicators 
under 
section 
1111(b)(2); or 
‘‘(B) to reduce the number of, or change 
which, schools would otherwise be subject to 
school improvement, corrective action, or re-
structuring under section 1116, if such addi-
tional assessments or indicators described in 
such subparagraphs were not used, but such as-
sessments and indicators may be used to iden-
tify additional schools for school improvement 
or in need of corrective action or restructuring. 
‘‘(c) ASSURANCES.— 
‘‘(1) IN
GENERAL.—Each local educational 
agency plan shall provide assurances that the local 
educational agency will— 
‘‘(A) inform eligible schools and parents of 
schoolwide program authority and the ability of 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
such schools to consolidate funds from Federal, 
State, and local sources; 
‘‘(B) provide technical assistance and sup-
port to schoolwide programs; 
‘‘(C) work in consultation with schools as 
the schools develop the schools’ plans pursuant 
to section 1114 and assist schools as the 
schools implement such plans or undertake ac-
tivities pursuant to section 1115 so that each 
school can make adequate yearly progress to-
ward meeting the State student academic 
achievement standards; 
‘‘(D) engage in effective consultation with 
representatives of Indian tribes located in the 
area served by the local educational agency; 
‘‘(E) fulfill such agency’s school improve-
ment and assistance and redesign responsibil-
ities under section 1116; 
‘‘(F) provide services to eligible children 
attending private elementary schools and sec-
ondary schools in accordance with section 1120, 
and timely and meaningful consultation with 
private school officials regarding such services; 
‘‘(G) take into account the experience of 
model programs for the educationally disadvan-
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
taged, and the findings of relevant scientifically 
valid research indicating that services may be 
most effective if focused on students in the ear-
liest grades at schools that receive funds under 
this part; 
‘‘(H) in the case of a local educational 
agency that chooses to use funds under this 
part to provide early childhood development 
services to low-income children below the age of 
compulsory school attendance, ensure that such 
services comply with the education standards 
established under section 641A(a)(1)(B) of the 
Head Start Act; 
‘‘(I) work in consultation with schools as 
the schools develop and implement their plans 
or activities under sections 1118 and 1119; 
‘‘(J) comply with the requirements of sec-
tion 1119 regarding the qualifications of teach-
ers and paraeducators and professional develop-
ment; 
‘‘(K) inform eligible schools of the local 
educational agency’s authority to obtain waivers 
on the school’s behalf under title IX and, if the 
State is an Ed-Flex Partnership State, to ob-
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
tain waivers under the Education Flexibility 
Partnership Act of 1999; 
‘‘(L) coordinate and collaborate, to the ex-
tent feasible and necessary as determined by 
the local educational agency, with the State 
educational agency and other agencies providing 
services to children, youth, and families with re-
spect to a school in school improvement and as-
sistance or redesign under section 1116 if such 
a school requests assistance from the local edu-
cational agency in addressing major factors 
that have significantly affected student achieve-
ment at the school; 
‘‘(M) provide incentives for voluntary 
transfers, professional development, recruitment 
programs, or other effective strategies, so that 
low-income students, minority students, English 
language learners, and students with disabilities 
are not taught at higher rates than other stu-
dents by unqualified, out-of-field, or inexperi-
enced teachers; 
‘‘(N) use the results of the student aca-
demic assessments required under section 
1111(b)(3), and other measures or indicators 
available to the agency, to review annually the 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
progress of each school served by the agency 
and receiving funds under this part to deter-
mine whether all of the schools are making the 
progress necessary to ensure that all students 
will meet the State’s proficient level of achieve-
ment on the State academic assessments de-
scribed in section 1111(b)(3) by the end of the 
2013–2014 school year and will meet the 
State’s progress goals for the graduation rates 
required by this Act and all other achievement 
data 
used 
to 
determine 
adequate 
yearly 
progress; 
‘‘(O) ensure that the results from the aca-
demic assessments required under section 
1111(b)(3) will be provided to parents, teach-
ers, and the public as soon as is practicably 
possible after the test is taken, in an under-
standable and uniform format and, to the ex-
tent practicable, provided in a language that 
the parents can understand; 
‘‘(P) assist each school served by the agen-
cy and assisted under this part in developing or 
identifying examples of high-quality, effective 
curricula, including curricula that are accessible 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
to English language learners and students with 
disabilities; 
‘‘(Q) provide that the instructional mate-
rials are aligned with current State academic 
content standards and prepare students to meet 
current State academic achievement standards; 
‘‘(R) ensure that low-income students, mi-
nority students, students with disabilities, and 
English language learners have the same access 
to high-quality instructional materials and rig-
orous curriculum aligned to standards as other 
students; and 
‘‘(S) comply with the local educational 
agency requirements of subtitle B of title VII of 
the McKinney-Vento Homeless Assistance Act 
(42 U.S.C. 11431 et seq.) including an assur-
ance that homeless children and youth are pro-
vided transportation to and from the school of 
origin pursuant to section 722(g)(1)(J)(iii) of 
the McKinney-Vento Homeless Assistance Act 
(42 U.S.C. 11432(g)(1)(J)(iii)). 
‘‘(2) SPECIAL RULE.—In carrying out subpara-
graph (H) of paragraph (1), the Secretary— 
‘‘(A) shall consult with the Secretary of 
Health and Human Services and shall establish 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
procedures (taking into consideration existing 
State and local laws, and local teacher con-
tracts) to assist local educational agencies to 
comply with such subparagraph; and 
‘‘(B) shall disseminate to local educational 
agencies the Head Start education standards as 
in effect under section 641A(a)(1)(B) of the 
Head Start Act, and such agencies affected by 
such subparagraph shall plan for the implemen-
tation of such subparagraph (taking into con-
sideration existing State and local laws, and 
local teacher contracts), including pursuing the 
availability of other Federal, State, and local 
funding sources to assist in compliance with 
such subparagraph. 
‘‘(3) INAPPLICABILITY.—Paragraph (1)(H) of 
this subsection shall not apply to preschool programs 
using the Even Start model or to Even Start pro-
grams that are expanded through the use of funds 
under this part. 
‘‘(d) PLAN DEVELOPMENT AND DURATION.— 
‘‘(1) CONSULTATION.—Each local educational 
agency plan shall be developed in consultation with 
teachers, principals, administrators (including ad-
ministrators of programs described in other parts of 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
this title), specialized instructional support per-
sonnel, and other appropriate school personnel, rep-
resentatives of Indian tribes located in the area 
served by the local educational agency, and parents 
of children in schools served under this part. 
‘‘(2) DURATION.—Each such plan shall be sub-
mitted for the first year for which this part is in ef-
fect following the date of enactment of the Improv-
ing No Child Left Behind for All Students Act and 
shall remain in effect for the duration of the agen-
cy’s participation under this part. 
‘‘(3) REVIEW.—Each local educational agency 
shall periodically review and, as necessary, revise its 
plan. 
‘‘(e) STATE APPROVAL.— 
‘‘(1) IN
GENERAL.—Each local educational 
agency plan shall be filed according to a schedule es-
tablished by the State educational agency. 
‘‘(2) APPROVAL.—The State educational agency 
shall approve a local educational agency’s plan only 
if the State educational agency determines that the 
local educational agency’s plan— 
‘‘(A) enables schools served under this part 
to substantially help children served under this 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
part meet the academic standards expected of 
all children described in section 1111(b)(1); and 
‘‘(B) meets the requirements of this sec-
tion. 
‘‘(3) REVIEW.—The State educational agency 
shall review the local educational agency’s plan to 
determine if such agencies activities are in accord-
ance with sections 1118 and 1119. 
‘‘(f) PROGRAM RESPONSIBILITY.—The local edu-
cational agency plan shall reflect the shared responsibility 
of schools, teachers, and the local educational agency in 
making decisions regarding activities under sections 1114 
and 1115. 
‘‘(g) PARENTAL NOTIFICATION.— 
‘‘(1) IN GENERAL.— 
‘‘(A) NOTICE.—Each local educational 
agency using funds under this part to provide 
a language instruction educational program as 
described in part C of title III shall, not later 
than 30 days after the beginning of the school 
year, inform a parent or parents of an English 
language learner identified for participation or 
participating in, such a program of— 
‘‘(i) the reasons for the identification 
of their child as an English language 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00048
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
learner and in need of placement in a lan-
guage instruction educational program; 
‘‘(ii) the child’s level of English pro-
ficiency, how such level was assessed, and 
the status of the child’s academic achieve-
ment; 
‘‘(iii) the methods of instruction used 
in the program in which their child is, or 
will be participating, and the methods of 
instruction used in other available pro-
grams, including how such programs differ 
in content, instructional goals, and the use 
of English and a native language in in-
struction; 
‘‘(iv) how the program in which their 
child is, or will be participating, will meet 
the educational strengths and needs of 
their child; 
‘‘(v) how such program will specifi-
cally help their child learn English, and 
meet age-appropriate academic achieve-
ment standards for grade promotion and 
graduation; 
‘‘(vi) the specific exit requirements for 
the program, including the expected rate of 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
transition from such program into class-
rooms that are not tailored for English 
language learners, and the expected rate of 
graduation from secondary school for such 
program if funds under this part are used 
for children in secondary schools; 
‘‘(vii) in the case of a child with a dis-
ability, how such program meets the objec-
tives of the individualized education pro-
gram of the child; and 
‘‘(viii) information pertaining to pa-
rental rights that includes written guid-
ance— 
‘‘(I) detailing— 
‘‘(aa) the right that parents 
have to have their child imme-
diately removed from such pro-
gram upon their request; and 
‘‘(bb) the options that par-
ents have to decline to enroll 
their child in such program or to 
choose another program or meth-
od of instruction, if available; and 
‘‘(II) assisting parents in select-
ing among various programs and 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00050
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
methods of instruction, if more than 
one program or method is offered by 
the eligible entity. 
‘‘(B) SEPARATE NOTIFICATION.—In addi-
tion to providing the information required to be 
provided under paragraph (1), each eligible en-
tity that is using funds provided under this part 
to provide a language instruction educational 
program, and that has failed to make progress 
on the annual measurable achievement objec-
tives described in section 3122 for any fiscal 
year for which part A of title III is in effect, 
shall separately inform a parent or the parents 
of a child identified for participation in such 
program, or participating in such program, of 
such failure not later than 30 days after such 
failure occurs. 
‘‘(2) NOTICE.—The notice and information pro-
vided under paragraph (1) to a parent or parents of 
a child identified for participation in a language in-
struction educational program for English language 
learners shall be in an understandable and uniform 
format and, to the extent practicable, provided in a 
language that the parents can understand. 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00051
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
‘‘(3) SPECIAL RULE APPLICABLE DURING THE 
SCHOOL YEAR.—For those children who have not 
been identified as English language learners prior to 
the beginning of the school year, the local edu-
cational agency shall notify parents within the first 
2 weeks of the child being placed in an English lan-
guage learner program consistent with paragraphs 
(1) and (2). 
‘‘(4) PARENTAL
PARTICIPATION.—Each local 
educational agency receiving funds under this part 
shall implement an effective means of outreach to 
parents of English language learners to inform the 
parents regarding how the parents can be involved 
in the education of their children, and be active par-
ticipants in assisting their children to attain English 
proficiency, achieve at high levels in core academic 
subjects, and meet challenging State academic 
achievement standards and State academic content 
standards expected of all students, including holding, 
and sending notice of opportunities for, regular 
meetings for the purpose of formulating and re-
sponding to recommendations from parents of stu-
dents assisted under this part. 
‘‘(5) BASIS FOR ADMISSION AND EXCLUSION.— 
A student shall not be admitted to, or excluded 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00052
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
from, any federally assisted education program on 
the basis of a surname or language minority sta-
tus.’’. 
SEC. 110. SCHOOL AND LOCAL EDUCATIONAL AGENCY IM-
PROVEMENT AND ASSISTANCE. 
(a) IN GENERAL.—Section 1116 (20 U.S.C. 6316) 
is amended to read as follows: 
‘‘SEC. 1116. SCHOOL AND LOCAL EDUCATIONAL AGENCY IM-
PROVEMENT AND ASSISTANCE. 
‘‘(a) REVIEW PROCESS.— 
‘‘(1) IN
GENERAL.—Each local educational 
agency receiving funds under this part— 
‘‘(A) shall use the State academic assess-
ments, and other academic indicators, described 
in the State plan to review annually the 
progress of each school served under this part 
to determine whether the school is making ade-
quate yearly progress (as defined in section 
1111(b)(2)); 
‘‘(B) may, at the local educational agency’s 
discretion, use any academic assessments or 
any other academic indicators described in the 
local educational agency’s plan under subpara-
graphs (A) and (B) of section 1112(b)(1) to re-
view annually the progress of each school served 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00053
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
under this part to determine whether the school 
is making adequate yearly progress (as defined 
in section 1111(b)(2)), except that the local 
educational agency may not use such indicators 
if the indicators reduce the number of, or 
change, the schools that would otherwise be 
subject to school improvement and assistance or 
redesign if such additional indicators were not 
used, but may identify additional schools for 
school improvement and assistance or redesign; 
‘‘(C) shall publicize and disseminate the re-
sults of the local annual review described in this 
paragraph (including the designations made 
under paragraph (2)) to parents, teachers, prin-
cipals, schools, and the community, including by 
posting such results on the website of the local 
educational agency; and 
‘‘(D) shall review the effectiveness of the 
activities the schools are carrying out under this 
part with respect to parent involvement and 
professional development. 
‘‘(2) AVAILABLE
RESULTS.—The State edu-
cational agency shall ensure that the results of State 
academic assessments administered in a school year 
are available to the local educational agency no less 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00054
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
than 30 calendar days before the beginning of the 
next school year. 
‘‘(b) SCHOOL
IMPROVEMENT
AND
ASSISTANCE 
PLAN.— 
‘‘(1) PLAN REQUIRED.—Each school that does 
not make adequate yearly progress and was not sub-
ject to subsection (d) or (h) in the preceding year 
shall, during the course of the school year following 
the first year for which the school did not make ade-
quate yearly progress, develop a comprehensive 
school improvement and assistance plan that identi-
fies, analyzes, and addresses systemic causes for the 
school not making adequate yearly progress. Not 
later than 60 calendar days before the end of such 
school year, the school shall submit the plan to the 
local educational agency. 
‘‘(2) CONSULTATION.—The plan required by 
paragraph (1) shall be developed in consultation 
with— 
‘‘(A) the local educational agency; 
‘‘(B) school improvement specialists; 
‘‘(C) parents, including parents of students 
in a group of students referred to in section 
1111(b)(2)(C)(v)(II) that did not make ade-
quate yearly progress; 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00055
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
‘‘(D) principals, teachers and other school 
staff, including those with expertise in working 
with students with diverse learning needs, in-
cluding English language learners and students 
with disabilities; 
‘‘(E) local community stakeholders, such 
as business leaders and representatives of pub-
lic and private nonprofit organizations and 
agencies; and 
‘‘(F) representatives of institutions of 
higher education with expertise in school re-
form. 
‘‘(3) CONTENT OF PLAN.—The comprehensive 
plan required by paragraph (1) shall cover a period 
of three school years and shall include— 
‘‘(A) a review and analysis of the systemic 
causes for the school not making adequate year-
ly progress, including a review of students not 
meeting proficiency targets and the specific 
subjects and groups referred to in section 
1111(b)(2)(C)(v)(II) that account for the school 
not making adequate yearly progress and 
achievement data for students not meeting pro-
ficiency, including— 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00056
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
‘‘(i) an analysis of the group or 
groups of students referred to in section 
1111(b)(2)(C)(v)(II) that led to the school 
not making adequate yearly progress 
(which analysis shall inform the reviews 
conducted pursuant to subparagraphs (B) 
and (C) to identify reforms tailored to stu-
dents who are not proficient, where appro-
priate); 
‘‘(ii) an analysis of teacher assign-
ment and teacher expertise by grade, sub-
ject and group of students referred to in 
section 1111(b)(2)(C)(v)(II); 
‘‘(iii) an analysis of practices con-
cerning the school’s core academic instruc-
tional 
program 
described 
in 
section 
1111(b)(1)(C) 
that 
have 
caused 
the 
achievement differences and reforms that 
have the greatest likelihood of— 
‘‘(I) improving teacher perform-
ance; 
‘‘(II) improving the academic 
performance of students who are not 
proficient in reading and math; 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00057
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
‘‘(III) closing achievement gaps 
among groups of students referred to 
in section 1111(b)(2)(C)(v)(II); and 
‘‘(IV) enabling the school to meet 
the State’s annual measurable objec-
tive 
pursuant 
to 
section 
1111(b)(2)(G); 
‘‘(iv) an analysis of the school’s pro-
grams and their effectiveness in improving 
student academic achievement, particularly 
for students not meeting proficiency goals, 
which may include an evaluation; and 
‘‘(v) analysis of causes for the school 
not making adequate yearly progress re-
lated to local educational agency policies; 
‘‘(B) a review and analysis of current and 
prospective strategies, policies, and practices 
based on scientifically based research that will 
strengthen core academic subjects that will di-
rectly address the systemic causes for the school 
not making adequate yearly progress, includ-
ing— 
‘‘(i) current teacher assignments that 
include a review of out-of-field teaching 
and data from the local educational agency 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00058
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
to determine whether students who are not 
proficient are assigned to teachers who are 
highly-qualified and who are best equipped 
to help them attain proficiency and how 
changes to teacher assignments could ad-
dress causes for the school not making 
adequate yearly progress; 
‘‘(ii) current professional development 
activities for teachers and principals to de-
termine how changes to professional devel-
opment practices or instructional practices, 
such as common lesson-planning, instruc-
tional coaching, and evidence-based inter-
ventions 
described 
in 
subsection 
(d)(2)(A)(ii), could address causes for the 
school 
not 
making 
adequate 
yearly 
progress; 
‘‘(iii) the current instructional pro-
gram, its alignment with the curriculum of 
the local educational agency and with the 
State standards, and availability of cur-
ricula in all core academic subjects to all 
students, to determine how changes in 
these areas could address causes for the 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00059
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
school 
not 
making 
adequate 
yearly 
progress; and 
‘‘(iv) the current amount of instruc-
tional time (including learning time before 
school, after school, during the summer, 
and during any extension of the school 
year and through tutoring options) to de-
termine how changes to the amount of in-
structional time could address causes for 
the school not making adequate yearly 
progress; 
‘‘(C) a review and analysis of the school’s 
capacity to address the areas for which the 
school has identified that changes in the 
school’s strategies, policies, and practices based 
on scientifically based research that will 
strengthen the core academic subjects could ad-
dress systemic causes of the school not making 
adequate yearly progress, including the school’s 
current allocation of fiscal resources; 
‘‘(D) a specification of the respective re-
sponsibilities of the school, the local educational 
agency, and the State educational agency under 
the plan, including technical assistance provided 
by the local educational agency under sub-
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00060
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
sections (c)(2) and (d) and the local educational 
agency’s responsibilities under section 1120B; 
‘‘(E) a description and assurance that the 
school will make changes to the school’s pro-
gram identified as necessary after conducting 
the reviews under subparagraph (A), (B), and 
(C), including structural changes to its organi-
zation and its operation to improve the edu-
cational performance of students served by the 
school and a timeline for incorporating each 
change; and 
‘‘(F) establish specific annual, measurable 
objectives 
for 
continuous 
and 
substantial 
progress by each group of students specified in 
section 1111(b)(2)(C)(v) and enrolled in the 
school that will ensure that all such groups of 
students will, in accordance with adequate year-
ly progress as defined in section 1111(b)(2), 
meet the State’s proficient level of achievement 
on the State academic assessment described in 
section 1111(b)(3) not later than 12 years after 
the end of the 2001–2002 school year. 
‘‘(4) DESIGNATIONS.— 
‘‘(A) PRIORITY SCHOOLS AND HIGH PRI-
ORITY SCHOOLS.—The local educational agency 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00061
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
shall designate each school not making ade-
quate yearly progress for 2 consecutive years, 
as defined in the State plan under section 
1111(b)(2), as either— 
‘‘(i) a High Priority School; or 
‘‘(ii) a Priority School. 
‘‘(B) DESIGNATION
AS
HIGH
PRIORITY 
SCHOOL.—Consistent with subsection (b), in 
making the designations required by subpara-
graph (A), the local educational agency shall 
make an initial designation of a school as a 
High Priority School if any of the following fac-
tors applies, unless the agency is located in a 
State to which subparagraph (D) applies: 
‘‘(i) The school, in the case of a sec-
ondary school, has not made adequate 
yearly progress and has a graduation rate 
of 60 percent or less. 
‘‘(ii) More than half of the students in 
the school are not proficient, or in the case 
of a State approved for use of growth mod-
els did not meet their growth target, in 
reading or language arts or mathematics. 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00062
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
‘‘(iii) More than one of the groups de-
scribed in section 1111(b)(2)(C)(v) in the 
school has— 
‘‘(I) fewer than half of the stu-
dents in the group are proficient, or 
in the case of a State approved for 
use of growth models met its growth 
target, in mathematics; or 
‘‘(II) fewer than half of the stu-
dents in the group are proficient, or 
in the case of a State approved for 
use of growth models made its growth 
target, in reading or language arts. 
‘‘(C) SPECIAL RULE.—A school shall not 
be designated as a High Priority School pursu-
ant to subparagraph (B)(ii) or (iii) on the basis 
of the percentage of students in any group de-
scribed in section 1111(b)(2)(C)(v) who are 
proficient in reading or language arts or mathe-
matics if such percentage meets or exceeds the 
State’s relevant annual measurable objective es-
tablished pursuant to section 1111(b)(2)(G). 
‘‘(D) ALTERNATIVE PROCESS.— 
‘‘(i) IN GENERAL.—A State may apply 
to the Secretary to use a State-developed 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00063
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
alternative process for all local educational 
agencies in the State to use in designating 
schools as High Priority Schools. To re-
ceive approval to use such a process, a 
State shall submit an application to the 
Secretary at such time, in such manner, 
and containing such information as the 
Secretary may reasonably require. 
‘‘(ii) PEER
REVIEW.—The Secretary 
shall ensure that applications described in 
clause (i) are peer reviewed consistent with 
section 1111(e), which peer review shall in-
clude consideration of whether the process 
proposed by an application— 
‘‘(I) is fair, objective, and applied 
consistently across the State; and 
‘‘(II) will more effectively des-
ignate 
schools 
as 
High 
Priority 
Schools and more effectively direct re-
sources and interventions to the 
schools that need them most than 
would the process described in sub-
paragraph (B). 
‘‘(iii) CONSIDERATIONS.—The process 
described in clause (i) shall identify factors 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00064
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
for designating schools as High Priority 
Schools based on consideration of the fol-
lowing factors: 
‘‘(I) The percentage of students 
in a school who are proficient in 
mathematics and reading or language 
arts, including in each group de-
scribed 
in 
section 
1111(b)(2)(C)(v)(II). 
‘‘(II) The difference between the 
percentages of students who are pro-
ficient in mathematics and reading or 
language arts in the group described 
in section 1111(b)(2)(C)(v)(II) with 
the highest such percentages in a 
school and the percentages of students 
who are proficient in such groups 
which percentages did not meet or ex-
ceed the State’s relevant annual meas-
urable objective established pursuant 
to section 1111(b)(2)(G). 
‘‘(III) In the case of a secondary 
school, the graduation rate of the 
school, including for each group de-
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00065
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
scribed 
in 
section 
1111(b)(2)(C)(v)(II). 
‘‘(IV) The distribution of schools 
within the State in urban, suburban, 
and rural areas. 
‘‘(V) At the discretion of the 
State, other information that the 
State demonstrates is relevant to de-
veloping factors that will result in ap-
propriate designation of schools as 
High Priority Schools based on their 
situations and the likelihood that such 
designations will lead to improved stu-
dent academic achievement. 
‘‘(iv) CONSULTATION.—A State shall 
develop the process described in clause (i) 
in consultation with, at a minimum, local 
educational agencies, teachers, principals, 
school reform experts, specialized instruc-
tional support personnel, administrators 
(including administrators of programs de-
scribed in other parts of this title), other 
school staff, parents, and students. 
‘‘(E) PRIORITY.—Consistent with subpara-
graphs (A), (B), and (D), the local educational 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00066
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
agency shall make an initial designation of a 
school in school improvement and assistance not 
designated as a High Priority School in clause 
(i) as a Priority School. 
‘‘(5) SYSTEMIC
APPROACHES.—A local edu-
cational agency with multiple schools identified for 
school improvement and assistance shall consider, 
and carry out systemic strategies and interventions 
for groups of schools that are designated as Priority 
Schools or High Priority Schools, groups of such 
schools with similar needs, or for groups of students 
described in section 1111(b)(2)(C)(v). 
‘‘(6) OPPORTUNITY
FOR
LOCAL
REVIEW
AND 
INPUT.— 
‘‘(A) OPPORTUNITY
FOR
LOCAL
EDU-
CATIONAL AGENCY TO REVIEW.—Before identi-
fying a public school as not making adequate 
yearly progress, or identifying a school for 
school improvement and assistance under sub-
section (d) or for redesign under subsection (h), 
the local educational agency shall have an op-
portunity to review the school-level data, includ-
ing State academic assessment data, on which 
the proposed identification is based. 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00067
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
‘‘(B) OPPORTUNITY FOR SCHOOL TO RE-
VIEW.—Before identifying a school as not mak-
ing adequate yearly progress or designating a 
public school that has not made adequate yearly 
progress as a Priority School or a High Priority 
School, the local educational agency shall pro-
vide the school with an opportunity to review 
the school-level data, including State academic 
assessment data and additional achievement 
data, on which the proposed designation is 
based. Such review shall be concurrent with the 
review opportunity required by subparagraph 
(A). 
‘‘(C) EVIDENCE
OF
PROGRESS.—If the 
principal of a school proposed for identification 
as not making adequate yearly progress, or a 
majority of the parents of the students enrolled 
in such school, believes that the proposed iden-
tification is in error for statistical reasons, or 
for substantive reasons, the principal may with-
in 30 days provide supporting evidence to the 
local educational agency, which shall consider 
that evidence before making a final determina-
tion. 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00068
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
‘‘(D) 
CORRECTIONS
AND
MODIFICA-
TIONS.—The local educational agency shall for-
ward all approved corrections and modifications 
regarding the State academic assessment data 
and additional academic indicators to the State 
educational agency along with an updated list 
of schools designated as Priority Schools and 
High Priority Schools. 
‘‘(E) PUBLIC
DISCLOSURE.—If the local 
educational agency changes the initial designa-
tion of a school pursuant to subsection (b)(6), 
the local educational agency shall provide notice 
of, and the detailed reasons for, the redesigna-
tion to— 
‘‘(i) the parents of children enrolled in 
the school, in the language and form par-
ents are able to understand; and 
‘‘(ii) the public, through a posting on 
the local educational agency’s website. 
‘‘(F) DETERMINATION.—Not later than 30 
days after a local educational agency provides 
the school with the opportunity to review such 
school-level data, the local educational agency 
shall make public a determination as to— 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00069
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
‘‘(i) whether the school has been iden-
tified as not making adequate yearly 
progress; and 
‘‘(ii) whether the school has been des-
ignated as a Priority School or a High Pri-
ority School. 
‘‘(7) 
LOCAL
EDUCATIONAL
AGENCY
AP-
PROVAL.— 
‘‘(A) IN GENERAL.—The local educational 
agency, after receiving a plan required by para-
graph (1), shall approve the plan no later than 
the end of the school year in which the plan 
was received, after— 
‘‘(i) carrying out the peer review proc-
ess described in subparagraph (B) to assist 
with review of the plan; and 
‘‘(ii) considering the recommendations 
of the peer review process, providing tech-
nical assistance (consistent with subsection 
(d)), and offering the opportunity to 
amend the plan as necessary to ensure that 
the plan meets the requirements of this 
subsection. 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00070
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
‘‘(B) REQUIREMENTS FOR PEER REVIEW 
PROCESS.—The peer review process required by 
subparagraph (A)(i)— 
‘‘(i) shall include, at a minimum, as 
members of the peer review panel— 
‘‘(I) principals from high-per-
forming schools that receive assistance 
under this part; 
‘‘(II) educators with similar expe-
rience and with a demonstrated record 
of improving student achievement in 
the subject area or areas and sub-
groups that caused the school not to 
make adequate yearly progress, in-
cluding students with diverse learning 
needs; and 
‘‘(III) school improvement spe-
cialists; and 
‘‘(ii) may also include one designee of 
the State who has experience in school re-
form. 
‘‘(8) IMPLEMENTATION
OF
PLAN.—A school 
that does not make adequate yearly progress during 
the school year during which the plan was required 
to be developed under paragraph (1) shall, no later 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00071
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
than the first day of the following school year, begin 
implementing all approved elements of its plan. 
‘‘(9) PLAN APPROVED DURING SCHOOL YEAR.— 
If a plan is not approved prior to the beginning of 
a school year, such plan shall be implemented imme-
diately upon approval. 
‘‘(10) PRIORITIZED TECHNICAL ASSISTANCE.— 
In the case of a school that has been designated as 
High Priority, the local educational agency shall co-
ordinate with the State educational agency to ensure 
that the local educational agency and school will 
have priority access to the statewide system of tech-
nical assistance and support, including any best 
practices that improve student academic achieve-
ment. 
‘‘(11) PUBLIC
NOTICE.—Upon approval of a 
school improvement and assistance plan by the local 
educational agency, the local educational agency 
shall make the plan available to parents and the 
public and post the plan on the local educational 
agency’s website and, where appropriate, the school 
shall post the plan on the school’s website. The plan 
shall be available in the language and form that par-
ents can understand. 
‘‘(c) TECHNICAL ASSISTANCE FOR SCHOOLS.— 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00072
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
‘‘(1) IN GENERAL.—For each school required to 
develop a plan under subsection (b), the local edu-
cational agency shall coordinate and ensure technical 
assistance to the school as the school develops and 
implements the plan required by subsection (b) 
throughout the period covered by the plan. 
‘‘(2) SPECIFIC ASSISTANCE.—The technical as-
sistance required by paragraph (1) shall include— 
‘‘(A) assistance in analyzing student per-
formance data (including from the assessments 
required under section 1111(b)(3) and other ex-
amples of student course work) to identify and 
address problems in instruction, including those 
that led to the school not making adequate 
yearly progress; 
‘‘(B) assistance in identifying and imple-
menting professional development for teachers 
and principals and methods of instruction based 
on scientifically valid research, and best prac-
tices that have been demonstrated to be effec-
tive in addressing the specific instructional 
issues that caused the school to be identified for 
school improvement and assistance; 
‘‘(C) ongoing assistance in monitoring stu-
dent progress, in implementing the plan, and in 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00073
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
refining strategies, methods, and practices to 
improve academic achievement; and 
‘‘(D) assistance in analyzing and revising 
the school’s budget so that the school’s re-
sources are more effectively allocated to the ac-
tivities most likely to improve student academic 
achievement and ensure that the school makes 
adequate yearly progress. 
‘‘(3) PROVISION OF ASSISTANCE.—Such assist-
ance may be provided by the local educational agen-
cy in conjunction with technical assistance providers 
and instructional experts from other local edu-
cational agencies, education service agencies and re-
gional educational laboratories and comprehensive 
assistance centers, and other agencies and institu-
tions. 
‘‘(4) ASSISTANCE
BY
STATE
EDUCATIONAL 
AGENCY.—Consistent with paragraph (1), the State 
educational agency shall provide technical assistance 
to schools upon request and shall provide each 
school with information on whom to contact to re-
quest such technical assistance. 
‘‘(5) METHODS
AND
STRATEGIES.—Technical 
assistance provided under this section by a local edu-
cational agency or an entity approved by that agen-
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00074
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
cy, shall be based on scientifically based research as 
appropriate. 
‘‘(d) SCHOOL IMPROVEMENT AND ASSISTANCE.— 
‘‘(1) GENERAL REQUIREMENTS.— 
‘‘(A) IDENTIFICATION.—Subject to sub-
paragraph (C), a local educational agency shall 
identify for school improvement and assistance 
any elementary school or secondary school 
served under this part that, for 2 consecutive 
years, does not make adequate yearly progress 
as set out in the State plan under section 
1111(b)(2) for the same group of students 
specified in section 1111(b)(2)(C)(v) in the 
same 
subject 
described 
under 
section 
1111(b)(1)(C). 
‘‘(B) DEADLINE.—The identification de-
scribed in subparagraph (A) shall take place be-
fore the beginning of the school year following 
the second year in which the school did not 
make adequate yearly progress, subject to the 
requirements of subsection (b)(6). 
‘‘(C) TARGETED ASSISTANCE SCHOOLS.— 
For an elementary school or secondary school 
that is conducting a targeted assistance pro-
gram under section 1115, the local educational 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00075
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
agency, in determining whether to identify that 
school for school improvement and assistance, 
or for redesign, may choose to review the 
progress of only those students in the school 
who are served, or are eligible for services, 
under this part. 
‘‘(2) SCHOOL IMPROVEMENT AND ASSISTANCE 
MEASURES.— 
‘‘(A) IN GENERAL.—Each school identified 
under subparagraph (1)(A) shall implement or 
continue to implement a plan required by sub-
section (b). The implementation shall also in-
clude each of the following: 
‘‘(i) The measures identified in the 
school improvement and assistance plan as 
strategies, policies, and practices based on 
scientifically based research that will 
strengthen the core academic subjects to 
address systemic causes for the school not 
making adequate yearly progress. 
‘‘(ii) Ongoing, high-quality profes-
sional development for the school’s prin-
cipal and teachers that is based on the 
findings of the review required by sub-
section (b)(3)(B) and— 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00076
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
‘‘(I) directly addresses the aca-
demic 
achievement 
needs 
of 
the 
school’s students; 
‘‘(II) is aligned with the States’ 
standards and the local educational 
agency’s curriculum; and 
‘‘(III) increases teacher and prin-
cipal effectiveness through activities 
that may include— 
‘‘(aa) providing regular op-
portunities for teachers of core 
academic subjects to collaborate 
with both subject area and inter-
disciplinary groups to review stu-
dent achievement data and plan 
instruction; and 
‘‘(bb) 
implementing 
a 
school-wide literacy or mathe-
matics plan that includes hiring 
literacy coaches or mathematics 
coaches. 
‘‘(iii) In the case of a Priority School, 
two or more of the specific measures de-
scribed in subparagraph (B) and not al-
ready being carried out by the school, 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00077
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
which shall be targeted, at a minimum, to-
ward students who are not proficient. 
‘‘(iv) In the case of a High Priority 
School, the specific measures described in 
clauses (i) through (iii) of subparagraph 
(B) and in the case of a High Priority 
School that is a secondary school, the spe-
cific measures described in clauses (i) 
through (iii) and clause (vii) of that sub-
paragraph and, at the school’s discretion, 
may implement one or more additional 
measures from subparagraph (B). 
‘‘(B) SPECIFIC
MEASURES.—The specific 
measures referred to in subparagraph (A) are 
the following: 
‘‘(i) Evidence-based or proven instruc-
tional programs aligned with State stand-
ards for all students, including students 
with diverse learning needs, based on the 
findings of the review required by sub-
section (b)(3). 
‘‘(ii) Parental choice options as fol-
lows: 
‘‘(I) 
Supplemental 
educational 
services consistent with subsection (g). 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00078
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
‘‘(II) The option for students en-
rolled in the school to transfer to an-
other public school served by the local 
educational agency that has not been 
identified for school improvement and 
assistance under this paragraph. 
‘‘(iii) Extended learning time pro-
grams, including extended day, extended 
week, and extended year programs, which 
may include intensive instruction in read-
ing or language arts and mathematics, 
based on the findings of the review re-
quired by subsection (b)(3). 
‘‘(iv) Supervised or centrally developed 
intervention models or strategies for low- 
performing schools, such as response to 
intervention approaches, involving a se-
quential series of instructional approaches, 
tiered instructional interventions, or dif-
ferentiated instruction activities based on 
the recognized differences among students 
in the classroom, including English-lan-
guage learners and students with disabil-
ities. 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00079
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
‘‘(v) In the case of a secondary school, 
activities that serve to personalize the sec-
ondary school experience, increase student 
engagement, attendance, and effort, and 
enable the school to provide the level and 
intensity of student support needed, such 
as smaller schools, smaller learning com-
munities, or smaller units within schools 
with their own leadership (including 9th 
grade transition programs or academies, 
and upper grade programs or academies, 
including career academies. 
‘‘(C) OTHER
ALLOWABLE
ACTIVITIES.— 
The school may also implement other evidence- 
based activities included in the plan that sub-
stantially increase the likelihood of improving 
the academic achievement of— 
‘‘(i) low-performing students, particu-
larly low-performing groups of students 
identified under paragraph (1)(A); or 
‘‘(ii) the school as a whole. 
‘‘(3) SCHOOL IMPROVEMENT AND ASSISTANCE 
COMPLETION CRITERIA.— 
‘‘(A) IN GENERAL.—Except as provided in 
this paragraph and consistent with subsection 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00080
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
(a)(1), a school previously identified under 
paragraph (1)(A) shall no longer be identified 
for school improvement and assistance when the 
same group or groups of students described in 
paragraph 
(1)(A) 
make 
adequate 
yearly 
progress for 2 consecutive years. 
‘‘(B) EXTENSION
OF
SCHOOL
IMPROVE-
MENT AND ASSISTANCE PERIOD.— 
‘‘(i) IN GENERAL.—In the case of a 
school that, in the final year of the plan 
required by paragraph (1), makes adequate 
yearly progress for the same group or 
groups of students in the same subject 
area or areas that prompted the identifica-
tion under paragraph (1)(A), the local edu-
cational agency may extend the implemen-
tation period for one additional year if nec-
essary to meet the 2 consecutive years re-
quirement in subparagraph (A). 
‘‘(ii) 
HIGH
PRIORITY
SECONDARY 
SCHOOLS.—After a secondary school that 
has been designated as a High Priority 
School completes the final year of the plan 
required by paragraph (1), the local edu-
cational agency may review the progress of 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00081
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
that High Priority secondary school, and 
may extend the plan for one additional 
year, if the secondary school— 
‘‘(I) has made continuous and 
substantial progress on State assess-
ments and any other indicator used to 
determine adequate yearly progress as 
described in section 1111(b)(2); and 
‘‘(II) has met State targets for 
progress on every indicator described 
in section 1111(b)(2)(C)(vii) and on 
indicators described in subsection 
(b)(ii) of this section. 
‘‘(4) SCHOOL SUPPORT TEAM.—In addition to 
any other assistance required to be provided by this 
section, the school support team established under 
section 1117 shall review data collected under sec-
tion 1111 and information collected under sub-
section (b) to assist the school in addressing its 
areas that caused the school not to make adequate 
yearly progress. 
‘‘(5) TIMELINE
FOR
TRANSFER
OPTION.—In 
the case of a local educational agency that provides 
students with the option to transfer, such as through 
open enrollment at public schools, to magnet schools, 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00082
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
and to charter schools, in addition to the option 
under paragraph (2)(B)(iii), the local educational 
agency shall— 
‘‘(A) provide notice of the option to trans-
fer under paragraph (2)(B)(iii) to an eligible 
student prior to the beginning of the school 
year after the school is identified for school im-
provement and assistance under paragraph (1); 
‘‘(B) provide a timeline of no less than 30 
calendar days from the date of notification 
under subparagraph (A) for parents to request 
a transfer under paragraph (2)(B)(ii); and 
‘‘(C) provide notice of the option to trans-
fer under paragraph (2)(B)(ii) concurrently 
with the agency’s other public school transfer 
options if any to an eligible student for the 
school years following subparagraph (A) in 
which the school is implementing a school im-
provement and intervention plan. 
‘‘(6) TRANSPORTATION.—In the case of a stu-
dent transfer described in paragraph (2)(B)(ii), the 
local educational agency shall provide, or shall pay 
for the provision of, transportation for the student 
to the public school the student attends, consistent 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00083
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
with the requirements and limitations of subsection 
(f). 
‘‘(7) SPECIAL RULE.—A local educational agen-
cy shall permit a child who transferred to another 
school under this subsection to remain in that school 
until the child has completed the highest grade in 
that school. The obligation of the local educational 
agency to provide, or to pay for, transportation for 
the child ends at the conclusion of a school year if 
the local educational agency determines that the 
school from which the child transferred is no longer 
identified for school improvement and assistance 
under this subsection or school redesign under sub-
section (h). 
‘‘(8) PRIORITY.—In providing students the op-
tion to transfer under paragraph (2)(B)(ii), the local 
educational agency shall give priority to the lowest- 
achieving children from low-income families, as de-
termined by the local educational agency for pur-
poses of allocating funds to schools under section 
1113(c)(1), if funds allocated under subsection (f) 
are insufficient to meet the transfer requests. 
‘‘(9) SAME MANNER.—A student who uses the 
option to transfer under paragraph (2)(B)(ii) shall 
be enrolled in classes and other activities in the pub-
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00084
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
lic school to which the student transfers in the same 
manner as all other children at the public school. 
‘‘(e) PARENTAL NOTIFICATION.— 
‘‘(1) IN GENERAL.—A local educational agency 
shall promptly provide notice to a parent or parents 
of each student enrolled in a public school identified 
for school improvement and assistance under sub-
section (d) regarding that identification. The notice 
shall be provided in an understandable and uniform 
format and, to the extent practicable, in a language 
the parents can understand. 
‘‘(2) CONTENT
OF
NOTICE.—The notice re-
quired by paragraph (1) shall contain— 
‘‘(A) an explanation of what the identifica-
tion means, and how the school compares in 
terms of academic achievement to other elemen-
tary schools or secondary schools served by the 
local educational agency and the State edu-
cational agency; 
‘‘(B) the reasons for the identification; 
‘‘(C) an explanation of what the school, 
local educational agency, and State educational 
agency are doing to improve student achieve-
ment; 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00085
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
‘‘(D) an explanation of how the parents 
can become involved in addressing the academic 
issues that caused the school to be identified for 
school improvement and assistance; and 
‘‘(E) an explanation of the parents’ option 
to transfer their child to another public school 
or obtain supplemental education services for 
their child under clauses (iii) and (iv) of sub-
section (d)(2)(B), if applicable. 
‘‘(f) REQUIRED EXPENDITURES
FOR SCHOOL IM-
PROVEMENT AND ASSISTANCE MEASURES.— 
‘‘(1) PROFESSIONAL
DEVELOPMENT.—A local 
educational agency with one or more schools des-
ignated as a High Priority School shall ensure that 
an amount equal to at least 10 percent of the 
agency‘s annual allocation under this subpart, or an 
amount equal to at least 10 percent of each identi-
fied school’s allocation under section 1113, is ex-
pended for the improvement and assistance meas-
ures specified in subsection (d)(2)(A)(ii). 
‘‘(2) FUNDS FOR TRANSPORTATION AND SUP-
PLEMENTAL
EDUCATIONAL
SERVICES.—Subject to 
paragraph (3), for each fiscal year in which a local 
educational agency has one or more schools des-
ignated as a Priority School or a High Priority 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00086
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
School, such agency shall set aside an amount of 
funds equal to 20 percent of its allocation under 
subpart 2 for that fiscal year, from which— 
‘‘(A) 25 percent shall be expended to pro-
vide, or pay for, transportation under sub-
section (d)(2)(B)(ii)(II); 
‘‘(B) 25 percent shall be expended to pro-
vide supplemental educational services under 
subsection (g); 
‘‘(C) not less than 45 percent shall be ex-
pended to provide for transportation under sub-
section (d)(2)(B)(ii)(II), supplemental edu-
cational services under subsection (g), or both, 
as the agency determines; and 
‘‘(D) up to 5 percent shall be for parent 
outreach and assistance under subsections 
(g)(2)(A) and (g)(2)(B). 
‘‘(3) SPECIAL RULE FOR EXCESS SET-ASIDE.— 
Notwithstanding paragraph (2), a local educational 
agency may set aside a lesser amount of funds de-
scribed in paragraph (2), if such amount— 
‘‘(A) meets the requirement of (2)(A) and 
(2)(D); and 
‘‘(B) exceeds the amount that would be 
necessary to provide supplemental educational 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00087
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
services to all eligible students from each of the 
schools in the local educational agency required 
to offer supplemental educational services in ac-
cordance with subsection (g). 
‘‘(4) PRIORITY OF SERVICES FOR LOW-ACHIEV-
ING STUDENTS.—If the amount of funds described 
in (2)(b) or (2)(c) and available to provide services 
under this subsection is insufficient to provide sup-
plemental educational services to each child whose 
parents request the services, the local educational 
agency shall give priority to providing the services to 
the lowest achieving children. 
‘‘(5) CARRY
OVER
OF
FUNDS
RELATED
TO 
TRANSPORTATION
AND
SUPPLEMENTAL
EDU-
CATIONAL SERVICES.—The funds described in para-
graph (2) shall be made available for the year in 
which the funding is set aside or otherwise allocated 
and shall, notwithstanding section 1127(a), remain 
available until such funds are expended (subject to 
section 421(b) of the General Education Provisions 
Act) on supplemental educational services under 
subsection 
(g), 
transportation 
costs 
under 
(d)(2)(B)(iii)(II); or parent outreach and assistance 
under subsections (g)(2)(A) and (g)(2)(B) unless— 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00088
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
‘‘(A) the local educational agency has pro-
vided the State educational agency with evi-
dence satisfactory to the State educational 
agency that at least a majority of the students 
eligible for supplemental educational services 
have received or affirmatively declined those 
services; or 
‘‘(B) the State educational agency ap-
proves a local educational agency request to 
spend a lesser amount based on a State review 
of the agency’s demonstrated success in— 
‘‘(i) making significant progress in 
meeting the requirements of subparagraph 
(A); 
‘‘(ii) informing eligible students and 
their families of the availability of supple-
mental educational services which may in-
clude participating with community-based 
organizations or other groups for this pur-
pose; 
‘‘(iii) ensuring that eligible students 
are given sufficient notice (which must be 
a minimum of 30 school days prior to the 
start of such program) of the opportunity 
to sign up for supplemental educational 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00089
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
services prior to the start of such programs 
including notice of enrollment deadlines; 
‘‘(iv) meeting the requirements of sub-
section (g)(2)(E); and 
‘‘(v) ensuring all eligible students 
were able to sign up throughout the course 
of the school year and summer to the ex-
tent available funds remain unexpended. 
‘‘(g) SUPPLEMENTAL EDUCATIONAL SERVICES.— 
‘‘(1) IN GENERAL.—In the case of any school 
designated in subsection (d)(4)(B) or (D) as a High 
Priority School, the local educational agency shall, 
not later than the first day of the school year fol-
lowing such identification, provide all eligible stu-
dents enrolled in the school with the option to re-
ceive supplemental educational services from an ap-
proved provider that is selected by the parents. 
‘‘(2) LOCAL
EDUCATIONAL
AGENCY
RESPON-
SIBILITIES.—Each local educational agency subject 
to this subsection shall— 
‘‘(A) provide, at a minimum, annual notice 
to parents of children who are eligible for such 
supplemental educational services in an under-
standable and uniform format and, to the ex-
tent practicable, in a language the parents can 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00090
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
understand and made accessible to parents on-
line, of— 
‘‘(i) the availability of services under 
this subsection; 
‘‘(ii) the identity of approved pro-
viders, including the providers that serve 
children with disabilities and English lan-
guage learners, that are within the local 
educational agency or whose services are 
reasonably available in neighboring local 
educational agencies; 
‘‘(iii) a brief description of the serv-
ices, including minimum qualifications re-
quired by the provider for instructors that 
provide direct instruction to students; and 
‘‘(iv) the demonstrated effectiveness of 
each such provider; 
‘‘(B) if requested, assist parents in choos-
ing a provider from the list of approved pro-
viders maintained by the State; 
‘‘(C) apply fair and equitable procedures 
for serving students if the number of spaces at 
approved providers is not sufficient to serve all 
students; 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00091
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
‘‘(D) not disclose to the public the identity 
of any student who is eligible for, or receiving, 
supplemental educational services under this 
subsection without the written permission of the 
parents of the student; 
‘‘(E) choose an approved provider or pro-
viders, using a fair, open, and objective process, 
to operate on site in the school or schools on 
the same basis and terms as are available to 
other groups that seek access to the school 
building, if such local educational agency de-
sires to permit such providers to operate in 
such fashion; and 
‘‘(F) post a local educational agency enroll-
ment form online. 
‘‘(3) AGREEMENT.—In the case of the selection 
of an approved provider by a parent, the local edu-
cational agency shall enter into an agreement with 
such provider. Such agreement shall— 
‘‘(A) require the local educational agency 
to develop, in consultation with parents (and 
the provider chosen by the parents), a state-
ment of specific academic achievement goals 
aligned to the State’s standards for the student 
and other achievement goals, how the student’s 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00092
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
progress will be measured, and a timetable for 
improving achievement that, in the case of a 
student with disabilities, is consistent with the 
student’s 
individualized 
education 
program 
under section 614(d) of the Individuals with 
Disabilities Education Act; 
‘‘(B) describe how the student’s parents 
and the student’s teacher or teachers will be 
regularly informed of the student’s progress; 
‘‘(C) provide for the termination of such 
agreement if the provider is unable to meet 
such goals and timetables; 
‘‘(D) contain provisions with respect to the 
making of payments to the provider by the local 
educational agency; and 
‘‘(E) prohibit the provider from disclosing 
to the public the identity of any student eligible 
for, or receiving, supplemental educational serv-
ices under this subsection without the written 
permission of the parents of such student. 
‘‘(4) STATE
EDUCATIONAL
AGENCY
RESPON-
SIBILITIES.—A State educational agency shall— 
‘‘(A) demonstrate that it has made all rea-
sonable efforts to ensure that eligible English 
language learners and students with disabilities 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00093
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
have access to a choice of supplemental edu-
cational service providers; 
‘‘(B) in consultation with local educational 
agencies, parents, teachers, and other interested 
members of the public, promote maximum par-
ticipation by qualified providers to ensure that 
parents have a wide range of choices; 
‘‘(C) develop and apply objective criteria, 
consistent with paragraph (5); 
‘‘(D) maintain an updated list of approved 
providers across the State, by local educational 
agency, from which parents may select; 
‘‘(E) develop and implement not later than 
1 year after the date of enactment of this sub-
paragraph a plan to— 
‘‘(i) monitor the quality and effective-
ness of the services offered by approved 
providers, including providers that are 
local educational agencies, under this sub-
section and for withdrawing approval from 
providers that fail, for 2 consecutive years, 
to meet the criteria in paragraph (5); and 
‘‘(ii) measure individual student aca-
demic achievement in mathematics, and in 
reading or language arts, as measured by 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00094
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
progress toward meeting challenging State 
student academic achievement standards 
under section 1111(b), or as measured by 
progress on other valid individual student 
assessment instruments, as a result of the 
provision of supplemental educational serv-
ices; 
‘‘(F) provide annual notice to potential 
providers of supplemental educational services 
of the opportunity to provide services under this 
subsection and of the applicable procedures for 
obtaining approval from the State educational 
agency to be an approved provider of those 
services; 
‘‘(G) provide guidelines to each local edu-
cational agency on the development of forms 
used to enroll students for supplemental edu-
cational services under this subsection, includ-
ing providing a sample form to the local edu-
cational agency; and 
‘‘(H) at its discretion— 
‘‘(i) provide technical assistance to 
providers, including those offering supple-
mental educational services, to assist them 
in 
serving 
children 
with 
disabilities, 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00095
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
English language learners, and students in 
rural areas, including through the use of 
distance learning; and 
‘‘(ii) providing assistance to commu-
nity based organizations with the approval 
process to become supplemental edu-
cational services providers. 
‘‘(5) CRITERIA FOR PROVIDERS.—In order for a 
provider to be included on the State list under para-
graph (4)(C), a provider shall agree to carry out the 
following: 
‘‘(A) Provide parents of children receiving 
supplemental educational services under this 
subsection and the appropriate local educational 
agency with information on the progress of the 
children in increasing achievement, in a format 
and, to the extent practicable, a language that 
such parents can understand. 
‘‘(B) Ensure that instruction provided and 
content used by the provider are consistent with 
the instruction provided and content used by 
the local educational agency and State, and are 
aligned with State academic achievement stand-
ards. 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00096
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
‘‘(C) Meet all applicable Federal, State, 
and local health, safety, and civil rights laws. 
‘‘(D) Ensure that all instruction and con-
tent under this subsection are secular, neutral, 
and nonideological. 
‘‘(E) Ensure that such provider has been 
in existence for at least 2 years prior to becom-
ing an approved provider under this section, ex-
cept that the requirement described in this sub-
paragraph shall be effective 2 years after the 
enactment of the Improving No Child Left Be-
hind for All Students Act. 
‘‘(F) Ensure, through regulations promul-
gated by the Secretary (which shall be pub-
lished in final form no later than 2 years after 
the enactment of the Improving No Child Left 
Behind for All Students Act, that such provider 
is able— 
‘‘(i) to provide the services described 
in its official publications and statements; 
‘‘(ii) to provide the administrative re-
sources necessary to comply with the re-
quirements of this subsection; 
‘‘(iii) to meet all of the financial obli-
gations required under this subsection; and 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00097
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
‘‘(iv) demonstrate academic learning 
gains of students receiving services under 
this section as defined by the State. 
‘‘(6) AMOUNTS
FOR
SUPPLEMENTAL
EDU-
CATIONAL SERVICES.— 
‘‘(A) IN
GENERAL.—The amount that a 
local educational agency shall make available 
for supplemental educational services for each 
child receiving those services under this sub-
section shall be the lesser of— 
‘‘(i) the amount of the agency’s alloca-
tion under subpart 2, divided by the num-
ber of children from families below the 
poverty level; or 
‘‘(ii) the actual costs of the supple-
mental educational services received by the 
child. 
‘‘(B) 
AMOUNTS
FOR
SPECIAL
POPU-
LATIONS.—Notwithstanding subparagraph (A), 
the amount that a local educational agency 
shall make available for supplemental edu-
cational services for students with disabilities, 
English language learners, and students in local 
educational agencies that are eligible for assist-
ance under section 6211 or 6221 of this Act, 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00098
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
shall equal 200 percent of the amount deter-
mined in subparagraph (A)(i), except that no 
student shall receive more than the actual costs 
of the supplemental educational services re-
ceived by the child. 
‘‘(7) 
FUNDS
PROVIDED
BY
STATE
EDU-
CATIONAL AGENCY.—Each State educational agency 
may use funds that the agency reserves under this 
part, and part A of title V, to assist local edu-
cational agencies that do not have sufficient funds to 
provide services under this subsection for all eligible 
students requesting such services. 
‘‘(8) DURATION.—The local educational agency 
shall continue to provide supplemental educational 
services to a child receiving such services under this 
subsection until the end of the school year in which 
such services were first received. 
‘‘(9) PROHIBITION.—Nothing contained in this 
subsection shall permit the making of any payment 
for religious worship or instruction. 
‘‘(10) WAIVER.— 
‘‘(A) REQUIREMENT.—At the request of a 
local educational agency, a State educational 
agency may waive, in whole or in part, the re-
quirement of this subsection to provide supple-
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00099
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
100 
mental educational services if the State edu-
cational agency determines that— 
‘‘(i) none of the providers of those 
services on the list approved by the State 
educational agency under paragraph (4)(C) 
makes those services available in the area 
served by the local educational agency or 
within a reasonable distance of that area; 
and 
‘‘(ii) the local educational agency pro-
vides evidence that it is not able to provide 
those services. 
‘‘(B) 
NOTIFICATION.—The 
State 
edu-
cational agency shall notify the local edu-
cational agency, within 30 days of receiving the 
local educational agency’s request for a waiver 
under subparagraph (A), whether the request is 
approved or disapproved and, if disapproved, 
the reasons for the disapproval, in writing. 
‘‘(11) SPECIAL RULE.—If State law prohibits a 
State educational agency from carrying out one or 
more of its responsibilities under paragraph (4) with 
respect to those who provide, or seek approval to 
provide, supplemental educational services, each 
local educational agency in the State shall carry out 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00100
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
101 
those responsibilities with respect to its students 
who are eligible for those services. 
‘‘(12) DEFINITIONS.—In this subsection— 
‘‘(A) the term ‘eligible child’ means a child 
from a low–income family, as determined by the 
local educational agency for purposes of allo-
cating 
funds 
to 
schools 
under 
section 
1113(c)(1); 
‘‘(B) the term ‘provider’ means a non– 
profit entity, a for-profit entity, or a local edu-
cational agency that— 
‘‘(i) has a demonstrated record of ef-
fectiveness in increasing student academic 
achievement; 
‘‘(ii) is capable of providing supple-
mental educational services that are con-
sistent with the instructional program of 
the local educational agency and the aca-
demic standards described under section 
1111; and 
‘‘(iii) is financially sound; and 
‘‘(C) the term ‘supplemental educational 
services’ means tutoring and other supple-
mental academic enrichment services that are— 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00101
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
102 
‘‘(i) in addition to instruction provided 
during the school day; and 
‘‘(ii) are of high quality, research- 
based, and specifically designed to increase 
the academic achievement of eligible chil-
dren on the academic assessments required 
under section 1111 and attain proficiency 
in meeting the State’s academic achieve-
ment standards. 
‘‘(13) FUNDING FOR MONITORING AND EVALUA-
TION
OF
SUPPLEMENTAL
EDUCATIONAL
SERV-
ICES.—In conducting activities described in para-
graph (4), in addition to other administrative funds 
under this Act, a State educational agency may uti-
lize funds reserved under paragraph (14). 
‘‘(14) LOCAL EDUCATIONAL AGENCY RESERVA-
TION
OF
PROVIDER
PAYMENTS.—Each local edu-
cational agency shall reserve an amount equal to 1 
percent of the amounts otherwise payable to any 
provider under this subsection. Such reserved 
amount shall be remitted to the State educational 
agency every 3 months for the activities described in 
paragraph (13). In determining the amount for each 
child for supplemental services under paragraph (6), 
a local educational agency and a provider may not 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00102
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
103 
take the reservation required under this paragraph 
into account. 
‘‘(h) SCHOOL REDESIGN.— 
‘‘(1) DESIGNATIONS
AS
PRIORITY
AND
HIGH 
PRIORITY REDESIGN.—For each school that has fully 
implemented a school improvement and assistance 
plan under subsection (d)(2) and has not met the 
school improvement and assistance completion cri-
teria in subsection (d)(3), the local educational agen-
cy shall— 
‘‘(A) designate the school as either a High 
Priority Redesign School or a Priority Redesign 
School, based on the same factors as subsection 
(b)(4)(B) or (D) as appropriate; 
‘‘(B) establish a process by which it will 
rank the High Priority Redesign Schools by the 
percent of students who are proficient in read-
ing or language arts and in mathematics; 
‘‘(C) provide prompt notice to parents, 
teachers, school staff, and the community of the 
identification of the school for redesign; and 
‘‘(D) establish a process by which local 
stakeholders are provided an adequate oppor-
tunity to participate in the development of a 
plan for the implementation of the redesign. 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00103
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
104 
‘‘(2) IMPLEMENTATION
OF
REDESIGN.—Not 
later than the beginning of the school year following 
the year in which the local educational agency en-
gages in the process required by paragraph (1) for 
a school, the local educational agency shall, subject 
to paragraph (3), over a period of 2 years, redesign 
the school and continuously monitor and refine the 
activities used to redesign the school. 
‘‘(3) HIGH PRIORITY REDESIGN.—To redesign a 
school designated as High Priority, the local edu-
cational agency shall, consistent with State law— 
‘‘(A) close the school and reopen the school 
as a public charter school; 
‘‘(B) replace all or some of the school’s 
leadership and staff who are relevant to the 
school not making adequate yearly progress, 
and significantly revise the instructional pro-
gram in the subject areas for which the school 
was identified under paragraph (1); 
‘‘(C) enter into a contract with an entity, 
such as a private management company, with a 
demonstrated record of effectiveness, to operate 
the public school; or 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00104
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
105 
‘‘(D) turn the operation of the school over 
to the State educational agency, if permitted 
under State law and agreed to by the State. 
‘‘(4) PRIORITY
REDESIGN.—To redesign a 
school designated for Priority Redesign, the local 
educational agency shall— 
‘‘(A) institute significant revisions in the 
instructional and leadership program and sup-
port services provided to students who are not 
proficient in reading or language arts or mathe-
matics; and 
‘‘(B) review the performance of the school 
leadership and all staff serving the students de-
scribed in subparagraph (A) and may make ap-
propriate staffing changes. 
‘‘(5) SUPERVISION BY SUPERINTENDENT.—The 
superintendent or chief executive of the local edu-
cational agency shall directly supervise the redesign 
of each school being redesigned under this sub-
section. 
‘‘(6) CAPACITY.—The local educational agency 
may limit the number of schools designated for High 
Priority Redesign to 10 percent of schools in the 
local educational agency or 50 schools, whichever is 
less, based on the academic performance of the 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00105
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
106 
schools and the groups of students within the 
schools. Notwithstanding such a limitation, a local 
educational agency may identify at its sole discretion 
additional schools for redesign under this subsection. 
‘‘(7) STATUS
OF
A
HIGH
PRIORITY
SCHOOL 
AFTER REDESIGN.—After 2 years of implementation 
under paragraph (2), a High Priority School that is 
redesigned under this subsection shall thereafter be 
considered as a new school for the purposes of this 
section. The new school shall be subject to the re-
quirements of subsection (a). 
‘‘(8) STATUS OF PRIORITY SCHOOL IN REDE-
SIGN THAT DOES NOT MEET AYP.—After 2 years of 
implementation under paragraph (2), a Priority 
School that is redesigned under this subsection shall 
be presumed to be a High Priority Redesign School 
if it does not make adequate yearly progress. 
‘‘(9) 
TRANSFERS
FOR
HIGH
PRIORITY 
SCHOOLS.—A school that is designated as a High 
Priority Redesign School under paragraph (1) shall 
continue to provide students in the school with the 
option to transfer to another public school, con-
sistent with subsection (d)(2)(B)(ii), so long as such 
school previously was designated as a High Priority 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00106
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
107 
School pursuant to subsection (b)(4)(B) or (D), as 
appropriate. 
‘‘(10) SES AND
SCHOOL
CHOICE.—A school 
designated for High Priority Redesign pursuant to 
paragraph (1) that in the preceding year had been 
designated a High Priority School pursuant to sub-
section (b)(4)(B) or (D) shall continue to offer sup-
plemental educational services and public school 
choice to eligible students pursuant to subsection 
(d)(2)(B)(ii). 
‘‘(i) RULE OF CONSTRUCTION.—Nothing in this part 
shall be construed to prevent a local educational agency 
from designating any school for redesign after the school 
has not made adequate yearly progress for 2 consecutive 
years. 
‘‘(j) SPECIAL
CIRCUMSTANCES.—Notwithstanding 
any other provision of this section, the local educational 
agency may delay, for a period not to exceed one year, 
implementation of the requirements of subsection (d), or 
redesign under subsection (g), if the inability of the school 
to make adequate yearly progress is due to exceptional or 
uncontrollable circumstances, such as a natural disaster, 
a dramatic change in student population, or a precipitous 
and unforeseen decline in the financial resources of the 
local educational agency or school. 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00107
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
108 
‘‘(k) STATE REVIEW
AND LOCAL EDUCATIONAL 
AGENCY IMPROVEMENT.— 
‘‘(1) IN GENERAL.—A State shall— 
‘‘(A) annually review the progress of each 
local educational agency receiving funds under 
this part to determine whether schools receiving 
assistance under this part are making adequate 
yearly progress as defined in section 1111(b)(2) 
toward meeting the State’s student academic 
achievement standards and to determine if each 
local educational agency is carrying out its re-
sponsibilities under this section and sections 
1117, 1118, and 1119; and 
‘‘(B) publicize and disseminate to local 
educational agencies, teachers and other staff, 
parents, students, and the community the re-
sults of the State review, including statistically 
sound disaggregated results, as required by sec-
tion 1111(b)(2). 
‘‘(2) REWARDS.—In the case of a local edu-
cational agency that, for 2 consecutive years, has ex-
ceeded adequate yearly progress as defined in the 
State plan under section 1111(b)(2), the State may 
make rewards of the kinds described under section 
1117 to the agency. 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00108
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
109 
‘‘(3) IDENTIFICATION OF LOCAL EDUCATIONAL 
AGENCY FOR IMPROVEMENT.—A State shall identify 
for improvement any local educational agency that, 
for 2 consecutive years, did not make adequate year-
ly progress as defined in the State’s plan under sec-
tion 1111(b)(2) for the same group of students spec-
ified in section 1111(b)(2)(C)(v) in the same subject 
described in section 1111(b)(1)(C). 
‘‘(4) TARGETED ASSISTANCE SCHOOLS.—When 
reviewing targeted assistance schools served by a 
local educational agency, a State educational agency 
may choose to review the progress of only the stu-
dents in such schools who are served, or are eligible 
for services, under this part. 
‘‘(5) OPPORTUNITY TO REVIEW AND PRESENT 
EVIDENCE.— 
‘‘(A) REVIEW.—Before identifying a local 
educational agency for improvement under 
paragraph (3) or redesign under paragraph (9), 
a State educational agency shall provide the 
local educational agency with an opportunity to 
review the data, including academic assessment 
data, on which the proposed identification is 
based. 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00109
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
110 
‘‘(B) EVIDENCE.—If the local educational 
agency believes that the proposed identification 
is in error for statistical or other substantive 
reasons, the agency may provide supporting evi-
dence to the State educational agency, which 
shall consider the evidence before making a 
final determination not later than 30 days after 
the State educational agency provides the local 
educational agency with the opportunity to re-
view such data under subparagraph (A). 
‘‘(6) NOTIFICATION TO PARENTS.—The State 
educational agency shall promptly provide to the 
parents (in a format and, to the extent practicable, 
in a language the parents can understand) of each 
student enrolled in a school served by a local edu-
cational agency identified for improvement, the re-
sults of the review under paragraph (1) and, if the 
agency is identified for improvement, the reasons for 
that identification and how parents can participate 
in upgrading the quality of the local educational 
agency. 
‘‘(7) LOCAL EDUCATIONAL AGENCY IMPROVE-
MENT AND ASSISTANCE PLAN.— 
‘‘(A) PLAN
REQUIRED.—Each local edu-
cational agency identified under paragraph (3) 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00110
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
111 
shall, during the course of the school year fol-
lowing the school year in which the determina-
tion was based, develop a comprehensive local 
educational agency improvement and assistance 
plan that identifies, analyzes, and addresses 
systemic causes for the agency not making ade-
quate yearly progress. Not later than 60 cal-
endar days before the end of such school year, 
the local educational agency shall submit the 
plan to the State educational agency. 
‘‘(B) CONSULTATION.—The comprehensive 
plan required by subparagraph (A) shall be de-
veloped in consultation with— 
‘‘(i) school improvement specialists; 
‘‘(ii) parents, including parents of stu-
dents in a group or groups that did not 
make adequate yearly progress; 
‘‘(iii) principals, teachers and other 
school staff, including those with expertise 
in working with students with diverse 
learning needs, including English language 
learners and students with disabilities; and 
‘‘(iv) local community stakeholders, 
such as business leaders and representa-
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00111
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
112 
tives of public and private nonprofit orga-
nizations and agencies. 
‘‘(C) CONTENT
OF
PLAN.—The com-
prehensive plan required by subparagraph (A) 
shall include— 
‘‘(i) a review and analysis of the sys-
tem causes for the local educational agency 
not making adequate yearly progress, in-
cluding review of the students not meeting 
proficiency targets and specific subjects 
and groups that account for the agency not 
making adequate yearly progress and 
achievement data for students not meeting 
proficiency targets, including— 
‘‘(I) an analysis of the group or 
groups of students of students speci-
fied in section 1111(b)(2)(C)(v) for 
the schools in the agency that led to 
the local educational agency not mak-
ing adequate yearly progress (which 
analysis shall inform the reviews con-
ducted pursuant to (iii) to identify re-
forms tailored to such group or 
groups, where appropriate); 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00112
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
113 
‘‘(II) an analysis of teacher ex-
pertise and assignment by grade, sub-
ject, and group or groups of students 
not meeting proficiency; 
‘‘(III) an analysis of practices 
concerning the core academic instruc-
tional program described in section 
1111(b)(1)(C) for the schools in the 
agency that have caused the achieve-
ment differences and the greatest like-
lihood of improving the performance 
of the lowest-performing teachers; im-
proving the academic performance of 
low-achieving students; closing the 
achievement gaps among groups of 
students 
specified 
in 
section 
1111(b)(2)(C)(v), and meeting the 
State’s proficient level of achievement 
on the State academic assessment de-
scribed in section 1111(b)(3); and 
‘‘(IV) an analysis of the pro-
grams for the schools in the agency 
and their effectiveness in improving 
student academic achievement, par-
ticularly for students not meeting pro-
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00113
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
114 
ficiency goals, which may include an 
evaluation; 
‘‘(ii) a review and analysis of current 
and prospective strategies, policies, and 
practices based on scientifically based re-
search that will strengthen the core aca-
demic subjects that will directly address 
the systemic causes for the local edu-
cational agency not making adequate year-
ly progress, including— 
‘‘(I) current teacher assignments 
that include a review of out-of-field 
teacher and data from the local edu-
cational agency for the schools in the 
agency to determine whether students 
who are not proficient are assigned to 
teachers who are highly-qualified and 
who are best equipped to help them 
attain proficiency and how changes to 
teacher assignments could address 
causes for the school not making ade-
quate yearly progress; 
‘‘(II) current professional devel-
opment activities for teachers and 
principals for the schools in the agen-
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00114
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
115 
cy to determine whether changes to 
instructional practices, such as com-
mon 
lesson-planning, 
instructional 
coaching, and evidence-based interven-
tions could address systemic causes 
for the local educational agency not 
making adequate yearly progress; 
‘‘(III) the current instructional 
program for the schools in the agency 
and its alignment with the curriculum 
of the local educational agency and 
with the State standards and assess-
ments and availability of curricula in 
all core academic subjects to all stu-
dents to determine whether changes to 
these areas could address systemic 
causes for the local educational agen-
cy 
not 
making 
adequate 
yearly 
progress; and 
‘‘(IV) the current amount of in-
structional time (including learning 
time before school, after school, dur-
ing the summer, during any extension 
of the school year, or through tutoring 
such 
as 
supplemental 
educational 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00115
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
116 
services) for the schools in the agency 
to determine whether changes to the 
amount of instructional time could ad-
dress systemic causes for the local 
educational agency not making ade-
quate yearly progress; 
‘‘(iii) a review and analysis of the 
local educational agency’s capacity to ad-
dress the areas for which the agency has 
identified that changes in the agency’s 
strategies, policies, and practices based on 
scientifically based research that will 
strengthen the core academic subjects 
could address systemic causes of the agen-
cy’s not making adequate yearly progress 
and the agency’s current allocation of fis-
cal resources; 
‘‘(iv) a specification of the respective 
responsibilities of the local educational 
agency and the State educational agency 
under the plan, including technical assist-
ance provided by the State educational 
agency and the local educational agency’s 
responsibilities under section 1120A; 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00116
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
117 
‘‘(v) a description and assurance that 
the local educational agency will make 
changes to the agency and school program 
identified as necessary after conducting the 
reviews under clauses (i) through (ii), in-
cluding structural changes to its organiza-
tion and its operation to improve the edu-
cational performance of schools served by 
the local educational agency, and a 
timeline for incorporating each change; 
‘‘(vi) an assurance that the local edu-
cational agency will establish specific meas-
urable achievement goals and targets for 
each of the groups of students identified in 
the disaggregated data pursuant to section 
1111(b)(2)(C)(v) enrolled in the school 
that will ensure that all such groups of 
students will, in accordance with adequate 
yearly progress as defined under section 
1111(b)(2), meet the State’s proficient 
level of achievement on the State academic 
assessment; and 
‘‘(vii) a projection of the amount of 
funding the local educational agency is 
likely to receive for school improvement 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00117
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
118 
purposes and how those funds will be used 
to implement the plan. 
‘‘(D) PUBLIC
NOTICE.—Upon completion 
of a local educational agency improvement and 
assistance plan, the local educational agency 
shall make the plan available to parents and the 
public and post the plan on the local edu-
cational agency’s website. The plan shall be 
available in the language and form that parents 
can understand. 
‘‘(8) LOCAL EDUCATIONAL AGENCY IMPROVE-
MENT AND ASSISTANCE MEASURES.— 
‘‘(A) IN
GENERAL.—A local educational 
agency that does not make adequate yearly 
progress during the school year during which 
the plan was required to be developed under 
paragraph (7) shall, no later than the first day 
of the following school year, begin implementing 
the plan. The implementation shall include each 
of the following: 
‘‘(i) The measures identified in the 
local educational agency improvement and 
assistance plan as strategies, policies, and 
practices based on scientifically based re-
search that will strengthen the core aca-
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00118
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
119 
demic subjects to address systemic causes 
for the local educational agency not mak-
ing adequate yearly progress. 
‘‘(ii) Ongoing, high-quality profes-
sional development for Local Educational 
Agency Administrative Staff, principals 
and teachers in the schools in the agency 
that is based on the findings of the review 
required by subsection (b)(3)(A) through 
(C) and— 
‘‘(I) directly addresses the aca-
demic 
achievement 
needs 
of 
the 
school’s students; 
‘‘(II) is aligned with the States’ 
standards and the local educational 
agency’s curriculum; and 
‘‘(III) increases teacher and prin-
cipal effectiveness through activities 
that may include— 
‘‘(aa) providing regular op-
portunities for teachers of core 
academic subjects to collaborate 
with both subject area and inter-
disciplinary groups to review stu-
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00119
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
120 
dent achievement data and plan 
instruction; and 
‘‘(bb) 
implementing 
a 
school-wide literacy or mathe-
matics plan that includes hiring 
literacy coaches or mathematics 
coaches. 
‘‘(9) STATE EDUCATIONAL AGENCY RESPONSI-
BILITY.— 
‘‘(A) 
TECHNICAL
OR
OTHER
ASSIST-
ANCE.—For each local educational agency iden-
tified under paragraph (3), the State edu-
cational agency shall provide technical or other 
assistance if requested, as authorized under sec-
tion 1117, to better enable the local educational 
agency to— 
‘‘(i) develop and implement the local 
educational agency’s plan; and 
‘‘(ii) work with schools needing im-
provement and assistance. 
‘‘(B) METHODS AND STRATEGIES.—Tech-
nical assistance provided under this section by 
the State educational agency or an entity au-
thorized by such agency shall be supported by 
effective methods and instructional strategies 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00120
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
121 
based on scientifically based research. Such 
technical assistance shall address problems, if 
any, in implementing the parental involvement 
activities described in section 1118 and the pro-
fessional development activities described in sec-
tion 1119. 
‘‘(C) REQUIRED
MEASURES.—After pro-
viding technical assistance under paragraph (8), 
the State shall implement at least one of the 
following measures with respect to any local 
educational agency that does not make ade-
quate yearly progress, as defined by the State, 
by the end of the second full school year after 
the identification of the agency under para-
graph (3): 
‘‘(i) Deferring programmatic funds or 
reducing administrative funds. 
‘‘(ii) Instituting and fully imple-
menting a new curriculum that is based on 
State and local academic content and 
achievement standards as defined under 
section 1111(b)(2), including providing ap-
propriate professional development based 
on scientifically valid research for all rel-
evant staff, that offers substantial promise 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00121
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
122 
of improving educational achievement for 
low-achieving students. 
‘‘(iii) Replacing the local educational 
agency personnel who are relevant to the 
local educational agency not making ade-
quate yearly progress. 
‘‘(iv) Establishing alternative arrange-
ments for public governance and super-
vision of such schools. 
‘‘(v) Appointing, through the State 
educational agency, a receiver or trustee to 
administer the affairs of the local edu-
cational agency in place of the super-
intendent and school board. 
‘‘(vi) Authorizing students to transfer 
from a school operated by the local edu-
cational agency to a higher-performing 
public school operated by another local 
educational agency in accordance with sub-
sections (d)(2)(B)(iii), and providing to 
such students transportation (or the costs 
of transportation) to such schools con-
sistent with subsection (f), in conjunction 
with carrying out not less than one addi-
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00122
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
123 
tional action described under this subpara-
graph. 
‘‘(D) HEARING.—Prior to implementing 
any measure under this paragraph, the State 
educational agency shall provide notice and a 
hearing to the affected local educational agency, 
if State law provides for such notice and hear-
ing. The hearing shall take place not later than 
45 days following the decision to implement 
such measure. 
‘‘(E) NOTICE
TO
PARENTS.—The State 
educational agency shall publish, and dissemi-
nate to parents and the public, information on 
any measure the State educational agency takes 
under this paragraph through such means as 
the Internet, the media, and public agencies. 
‘‘(F) DELAY.—Notwithstanding paragraph 
(C), a State educational agency may delay, for 
a period not to exceed 1 year, implementation 
of such measure under this paragraph if the 
local educational agency makes adequate yearly 
progress for 1 year or it does not make ade-
quate yearly progress due to exceptional or un-
controllable circumstances, such as a natural 
disaster or a precipitous and unforeseen decline 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00123
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
124 
in the financial resources of the local edu-
cational agency. No such period shall be taken 
into account in determining the number of con-
secutive years of failure to make adequate year-
ly progress. 
‘‘(10) SPECIAL RULE.—If a local educational 
agency makes adequate yearly progress for two con-
secutive school years beginning after the date of 
identification of the agency under paragraph (3), the 
State educational agency need no longer identify the 
local educational agency for improvement and assist-
ance for the succeeding school year. 
‘‘(l) CONSTRUCTION.—Nothing in this section shall 
be construed to alter or otherwise affect the rights, rem-
edies, and procedures afforded school or school district 
employees under Federal, State, or local laws (including 
applicable regulations or court orders) or under the terms 
of collective bargaining agreements, memoranda of under-
standing, or other agreements between such employees 
and their employers. 
‘‘(m) SCHOOLS FUNDED BY THE BUREAU OF INDIAN 
AFFAIRS.— 
‘‘(1) ADEQUATE
YEARLY
PROGRESS
FOR
BU-
REAU FUNDED SCHOOLS.— 
‘‘(A) DEVELOPMENT OF DEFINITION.— 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00124
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
125 
‘‘(i) DEFINITION.—The Secretary of 
the Interior, in consultation with the Sec-
retary if the Secretary of Interior requests 
the consultation, using the process set out 
in section 1138(b) of the Education 
Amendments of 1978, shall define ade-
quate yearly progress, consistent with sec-
tion 1111(b), for the schools funded by the 
Bureau of Indian Affairs on a regional or 
tribal basis, as appropriate, taking into ac-
count the unique circumstances and needs 
of such schools and the students served by 
such schools. 
‘‘(ii) USE OF DEFINITION.—The Sec-
retary of the Interior, consistent with 
clause (i), may use the definition of ade-
quate yearly progress that the State in 
which the school that is funded by the Bu-
reau is located uses consistent with section 
1111(b), or in the case of schools that are 
located in more than one State, the Sec-
retary of the Interior may use whichever 
State 
definition 
of 
adequate 
yearly 
progress that best meets the unique cir-
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00125
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
126 
cumstances and needs of such school or 
schools and the students the schools serve. 
‘‘(B) WAIVER.—An Indian tribe, school 
board of a school funded by the Bureau of In-
dian Affairs, or consortium of such entities may 
waive, in part or in whole, the definition of ade-
quate yearly progress established pursuant to 
subparagraph (A) where such definition is de-
termined by such Indian tribe, school board, or 
consortium to be inappropriate. If such defini-
tion is waived, the Indian tribe, school board, or 
consortium shall, within 60 days thereafter, 
submit to the Secretary of Interior a proposal 
for an alternative definition of adequate yearly 
progress, consistent with section 1111(b), that 
takes into account the unique circumstances 
and needs of such school or schools and the stu-
dents served. The Secretary of the Interior, in 
consultation with the Secretary if the Secretary 
of Interior requests the consultation, shall ap-
prove such alternative definition unless the Sec-
retary of the Interior determines that the defi-
nition does not meet the requirements of section 
1111(b), taking into account the unique cir-
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00126
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
127 
cumstances and needs of such school or schools 
and the students served. 
‘‘(C) TECHNICAL ASSISTANCE.—The Sec-
retary of Interior shall, in consultation with the 
Secretary if the Secretary of Interior requests 
the consultation, either directly or through a 
contract, provide technical assistance, upon re-
quest, to an Indian tribe, school board of a 
school funded by the Bureau of Indian Affairs, 
or consortium of such entities that seeks to de-
velop an alternative definition of adequate year-
ly progress. 
‘‘(2) 
ACCOUNTABILITY
FOR
BUREAU 
SCHOOLS.—For the purposes of this section, schools 
funded by the Bureau of Indian Affairs shall be con-
sidered schools subject to subsections (b) through 
(f), and (h) through (j), as specifically provided for 
in this subsection, except that such schools shall not 
be subject to subsection (f)(1)(B) or (f)(1)(C), or 
subsection (k) or the requirement to provide public 
school choice and supplemental educational services 
under subsections (d), (e), and (h). 
‘‘(3) SCHOOL
IMPROVEMENT
FOR
BUREAU 
SCHOOLS.— 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00127
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
128 
‘‘(A) CONTRACT AND GRANT SCHOOLS.— 
For a school funded by the Bureau of Indian 
Affairs which is operated under a contract 
issued by the Secretary of the Interior pursuant 
to the Indian Self-Determination Act (25 
U.S.C. 450 et seq.) or under a grant issued by 
the Secretary of the Interior pursuant to the 
Tribally Controlled Schools Act of 1988 (25 
U.S.C. 2501 et seq.), the school board of such 
school shall be responsible for meeting the re-
quirements of subsection (b) relating to devel-
opment and implementation of any school im-
provement and assistance plan as described in 
subsection (b). The Bureau of Indian Affairs 
shall be responsible for meeting the require-
ments of subsection (c) relating to technical as-
sistance. 
‘‘(B) BUREAU OPERATED SCHOOLS.—For 
schools operated by the Bureau of Indian Af-
fairs, the Bureau shall be responsible for meet-
ing the requirements of subsection (b) relating 
to development and implementation of any 
school improvement and assistance plan as de-
scribed in subsection (b). 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00128
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
129 
‘‘(4) 
REDESIGN
FOR
BUREAU-FUNDED 
SCHOOLS.— 
‘‘(A) CONTRACT AND GRANT SCHOOLS.— 
For a school funded by the Bureau of Indian 
Affairs which is operated under a contract 
issued by the Secretary of the Interior pursuant 
to the Indian Self-Determination Act (25 
U.S.C. 450 et seq.) or under a grant issued by 
the Secretary of the Interior pursuant to the 
Tribally Controlled Schools Act of 1988 (25 
U.S.C. 2501 et seq.), the school board of such 
school shall be responsible for meeting the re-
quirements of subsection (h) relating to rede-
sign. Any action taken by such school board 
under subsection (h) shall take into account the 
unique circumstances and structure of the Bu-
reau of Indian Affairs-funded school system and 
the laws governing that system. 
‘‘(B) BUREAU OPERATED SCHOOLS.—For 
schools operated by the Bureau of Indian Af-
fairs, the Bureau shall be responsible for meet-
ing the requirements of subsection (h) relating 
to redesign. Any action taken by the Bureau 
under subsection (h) shall take into account the 
unique circumstances and structure of the Bu-
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00129
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
130 
reau of Indian Affairs-funded school system and 
the laws governing that system. 
‘‘(5) ANNUAL REPORT.—On an annual basis, 
the Secretary of the Interior shall report to the Sec-
retary of Education and to the appropriate commit-
tees of Congress regarding any schools funded by 
the Bureau of Indian Affairs which have been identi-
fied for school improvement and assistance. Such re-
port shall include— 
‘‘(A) the identity of each school; 
‘‘(B) a statement from each affected school 
board regarding the factors that lead to such 
identification; and 
‘‘(C) an analysis by the Secretary of the 
Interior, in consultation with the Secretary if 
the Secretary of Interior requests the consulta-
tion, as to whether sufficient resources were 
available to enable such school to achieve ade-
quate yearly progress.’’. 
(b) CONFORMING AMENDMENT.—In the table of con-
tents, the item relating to section 1116 is amended to read 
as follows: 
‘‘Sec. 1116. School and local educational agency improvement and assistance.’’. 
SEC. 111. LONGITUDINAL DATA SYSTEMS. 
Subpart 1 of part A of title I is amended by adding 
at the end the following: 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00130
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
131 
‘‘SEC. 1120C. DATA SYSTEMS AND REQUIREMENTS. 
‘‘(a) IN GENERAL.—A State that receives funds 
under this part shall, not later than 4 years after the date 
of the enactment of the Improving No Child Left Behind 
for All Students Act, develop and implement a longitudinal 
data system, which shall include public charter schools, 
that meets the requirements of this section. 
‘‘(b) ADVISORY COMMITTEE.— 
‘‘(1) IN GENERAL.—In developing the data sys-
tem described in subsection (a), each State that re-
ceives funds under this section shall form a com-
mittee to advise the State on the development and 
implementation of such system. Such committee 
shall be established within 6 months after receiving 
funds under this section. 
‘‘(2) MEMBERSHIP.—Each individual serving on 
the committee established under paragraph (1) shall 
be selected by the State and have sufficient experi-
ence in and knowledge of the development, imple-
mentation, maintenance, and use of such data sys-
tems. In establishing the membership of the com-
mittee, each State shall ensure that such committee 
includes, at a minimum— 
‘‘(A) public elementary and secondary 
school teachers and members of organizations 
representing teachers; 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00131
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
132 
‘‘(B) principals and administrators of pro-
grams under this Act; 
‘‘(C) representatives of small and large 
business operating or representing businesses; 
‘‘(D) representatives of civil rights organi-
zations; and 
‘‘(E) experts in educational research, sta-
tistical analysis and data privacy from institu-
tions of higher education or other research or-
ganizations. 
‘‘(c) ESSENTIAL ELEMENTS.—The data system re-
quired by subsection (a) shall include the following ele-
ments: 
‘‘(1) A unique statewide student identifier that 
remains stable and consistent across time. 
‘‘(2) Student-level enrollment, demographic, 
and program participation information, including in-
formation on individual students’ membership in the 
groups described under section 1111(b)(2)(C), as 
well as student gender, school, grade, classroom 
level, enrollment, and attendance. 
‘‘(3) The ability to match individual students’ 
scores on academic assessments required under this 
Act from year to year. 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00132
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
133 
‘‘(4) Information described in paragraph (2) on 
students that have not participated in the academic 
assessments required under section 1111(b)(3). 
‘‘(5) Student-level data on the entrance and exit 
of the education system of each student, including 
first time and any new grade enrollment, grade level 
retention, confirmed transfer status, dropout rates, 
receipt of a regular high school diploma or non-
standard diploma, passage of a General Educational 
Development exam, incarceration, and death. 
‘‘(6) A statewide audit system to ensure the 
quality, validity, and reliability of data in such sys-
tem. 
‘‘(7) A unique statewide teacher identifier that 
remains consistent over time, matches all student 
records described in this subsection to the appro-
priate teacher, and provides a linkage to the teacher 
education preparation program that such teacher 
was enrolled in at an institution of higher education. 
‘‘(8) Student-level transcript information, in-
cluding information on courses completed and 
grades earned. 
‘‘(9) Includes, at a minimum, all data elements 
required for reporting under this Act. 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00133
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS
134 
‘‘(d) OTHER ELEMENTS.—The data system required 
by subsection (a) may include the following elements: 
‘‘(1) Student-level data on participation in and 
performance on college admissions and placement 
assessments. 
‘‘(2) Ability to link information from preschool 
through grade 12, including that of students with 
disabilities, to data systems in higher education, and 
to gather information on college enrollment, place-
ment, persistence, and attainment, and ability to 
link data systems to data from workforce develop-
ment. 
‘‘(e) REQUIREMENTS.—The data system required by 
subsection (a) shall be developed and implemented to en-
sure the following: 
‘‘(1) That the State— 
‘‘(A) meets the requirements of section 
444 of the General Education Provisions Act 
(20 U.S.C. 1232g) (commonly known as the 
Family Educational Rights and Privacy Act of 
1974); 
‘‘(B) limits the use of information in the 
longitudinal data system by institutions of high-
er education and State or local educational 
agencies or institutions to the activities set 
VerDate Aug 31 2005 
01:00 Aug 02, 2008
Jkt 069200
PO 00000
Frm 00134
Fmt 6652
Sfmt 6201
E:\BILLS\H6632.IH
H6632
jbell on PROD1PC69 with BILLS