I 
110TH CONGRESS 
1ST SESSION H. R. 2166 
To amend the Elementary and Secondary Education Act of 1965 to improve 
the method of determining adequate yearly progress, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 3, 2007 
Mr. MORAN of Kansas (for himself, Mr. STUPAK, and Mr. MOORE of Kansas) 
introduced the following bill; which was referred to the Committee on 
Education and Labor 
A BILL 
To amend the Elementary and Secondary Education Act 
of 1965 to improve the method of determining adequate 
yearly progress, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Practicality in Edu-
cation Act’’. 
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SEC. 2. RESULTS OF LIMITED ENGLISH PROFICIENT STU-
DENTS, WHEN TESTED NOT IN THEIR NATIVE 
LANGUAGE, ARE NOT REQUIRED TO BE IN-
CLUDED IN MEASURING ACHIEVEMENT AND 
ADEQUATE YEARLY PROGRESS. 
Section 1111(b)(3)(C) of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 6311(b)(3)(C)) 
is amended— 
(1) in clause (ix), in subclause (III), by striking 
‘‘the inclusion of limited English proficient stu-
dents’’ and inserting ‘‘the inclusion, subject to clause 
(xvi), of limited English proficient students’’; 
(2) in clause (xiv), by striking ‘‘and’’ at the 
end; 
(3) in clause (xv), by striking the period at the 
end and inserting ‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(xvi) notwithstanding subclause (III) 
of clause (ix), the results for limited 
English proficient students are not re-
quired, for the first two school years in the 
United States, to be included in measuring 
achievement under the assessments or in 
measuring adequate yearly progress, when 
such students are assessed in reading or 
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mathematics in a language other than the 
native language.’’. 
SEC. 3. OPTIONAL EMPLOYMENT OF GROWTH MODEL TO 
DETERMINE ADEQUATE YEARLY PROGRESS, 
MEASURING 
THE 
ACHIEVEMENT 
OF 
THE 
SAME STUDENTS AND SUBGROUPS FROM 
YEAR TO YEAR. 
Section 1111(b)(2)(C) of such Act (20 U.S.C. 
6311(b)(2)(C)) is amended— 
(1) in clause (vi) by striking ‘‘and’’ at the end; 
(2) in clause (vii) by striking the period at the 
end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(viii) may employ a growth model, 
measuring the achievement of the same 
students and subgroups from year to 
year.’’. 
SEC. 4. STUDENTS WITH DISABILITIES TO BE TESTED AT 
THE GRADE LEVEL RECOMMENDED BY THEIR 
INDIVIDUALIZED EDUCATION PROGRAM. 
Section 1111(b)(3)(C)(ix)(II) of such Act (20 U.S.C. 
6311(b)(3)(C)(ix)(II)) is amended by inserting before the 
semicolon the following: ‘‘, except that 4 percent of such 
students who take modified assessments shall be counted 
toward proficiency’’. 
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SEC. 5. SCHOOL IDENTIFIED AS FAILING HAS ONE YEAR TO 
IMPROVE 
BEFORE 
STUDENTS 
MUST 
BE 
GIVEN OPTION TO TRANSFER. 
Section 1116(b)(1)(E)(i) of such Act (20 U.S.C. 
6311(b)(1)(E)(i)) is amended by striking ‘‘the first day 
of the school year following such identification’’ and in-
serting ‘‘the first day of the second school year following 
such identification (unless, before such day, the school is 
no longer identified for school improvement)’’. 
SEC. 6. STUDENTS WHO ARE IN MORE THAN ONE GROUP 
COUNT ONLY ONCE. 
Section 1111(b)(2) of such Act (20 U.S.C. (b)(2)) is 
further amended by adding at the end the following: 
‘‘(L) STUDENTS WHO ARE IN MORE THAN 
ONE GROUP.—For the purpose of determining 
adequate yearly progress, a student who belongs 
to more than one of the groups described in 
subparagraph (C)(v) shall be counted toward 
one such group only.’’. 
SEC. 7. ALTERNATIVE QUALIFICATION REQUIREMENTS 
FOR SPECIAL EDUCATION TEACHERS AND 
RURAL TEACHERS. 
Section 9101(23)(B)(ii)(I) of such Act (20 U.S.C. 
7801(23)(B)(ii)(I)) is amended by inserting before the 
semicolon the following: ‘‘(except that, at the discretion 
of the State, a special education teacher or a teacher in 
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a rural school may satisfy the requirements of this sub-
clause by passing such a rigorous State academic subject 
test in any 1 subject in which the teacher teaches if, with 
respect to each other academic subject in which the teach-
er teaches, the teacher works in close consultation, either 
in-person or through high-quality distance education or 
consultation, with another teacher who is highly qualified 
in such other academic subject)’’. 
Æ 
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