I 
109TH CONGRESS 
1ST SESSION H. R. 2569 
To amend the accountability provisions of the Elementary and Secondary 
Education Act of 1965, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 24, 2005 
Mr. ANDREWS introduced the following bill; which was referred to the 
Committee on Education and the Workforce 
A BILL 
To amend the accountability provisions of the Elementary 
and Secondary Education Act of 1965, 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 ‘‘No Child Left Behind 
Improvement Act of 2005’’. 
SEC. 2. AMENDMENTS TO ESEA. 
(a) HIGHLY QUALIFIED TEACHERS.— 
(1) MIDDLE
SCHOOL
TEACHERS.—Paragraph 
(23) of section 9101 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7801) is 
amended— 
(A) in subclause (II) of subparagraph 
(B)(ii), by inserting ‘‘in the case of a secondary 
school teacher,’’ before ‘‘successful completion’’; 
(B) at the end of subparagraph (B), by 
adding the following: 
‘‘(III) in the case of a middle 
school teacher, successful completion, 
in at least one of the academic sub-
jects in which the teacher teaches, of 
an academic major, a graduate de-
gree, coursework equivalent to an un-
dergraduate academic major, or ad-
vanced certification or credentialing 
and, in every other academic subject 
in which the teacher teaches, of at 
least an academic minor;’’. 
(C) in subparagraph (C), by striking the 
period at the end and inserting a semicolon; 
and 
(D) by adding at the end the following: 
‘‘(D) when used with respect to a middle 
school teacher who was not new to the profes-
sion as of the date of the enactment of the No
Child Left Behind Act of 2001, means that the 
teacher holds at least a bachelor’s degree and— 
‘‘(i) has met the applicable standard 
in subparagraph (B)(ii) or (C)(ii); or 
‘‘(ii) satisfies such criteria as the Sec-
retary may establish for demonstrating an 
extensive history of teaching experience 
and a positive teaching record (including 
positive peer reviews and any postgraduate 
credits or training); and’’. 
(2) SPECIAL
EDUCATION
AND
CORRECTIONS 
EDUCATION TEACHERS.—Paragraph (23) of section 
9101 of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 7801), as amended by para-
graph (1), is amended— 
(A) in clause (ii) of subparagraph (B), by 
inserting ‘‘subject to subparagraph (E),’’ before 
‘‘a middle or secondary school teacher’’; and 
(B) by adding at the end the following: 
‘‘(E) in lieu of demonstrating for purposes 
of subparagraph (B)(ii) a high level of com-
petency in each of the academic subjects in 
which a middle or secondary school teacher 
teaches—
‘‘(i) a middle or secondary school 
teacher primarily serving children with dis-
abilities or a middle or secondary school 
teacher primarily serving children or youth 
described in section 1411 may, for the first 
3 school years after the date of the enact-
ment of the No Child Left Behind Im-
provement Act of 2005 or the first 3 
school years of such teacher’s teaching ca-
reer, demonstrate such a high level of com-
petency by satisfying the requirements of 
subclause (I), (II), or (III) of subpara-
graph (B)(ii) only with respect to special 
education or corrections education, respec-
tively; and 
‘‘(ii) notwithstanding the limitation of 
3 school years in clause (i), a middle or 
secondary school teacher who teaches 3 or 
more subjects and exclusively serves chil-
dren with disabilities or a middle or sec-
ondary school teacher who teaches 3 or 
more subjects and exclusively serves chil-
dren or youth described in section 1411 
may, for as long as the teacher continues 
to serve in such capacity, demonstrate such