a high level of competency by satisfying 
the requirements of subclause (I), (II), or 
(III) of subparagraph (B)(ii) only with re-
spect to special education or corrections 
education, respectively.’’. 
(b) ADEQUATE YEARLY PROGRESS.— 
(1) STUDENT WITH DISABILITIES.— 
(A) MODIFICATION
OF
STANDARDS, AS-
SESSMENTS.—Subsection (b) of section 1111 of 
the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 6311) is amended by add-
ing at the end the following: 
‘‘(11) CHILDREN WITH DISABILITIES.— 
‘‘(A) MODIFICATION OF STANDARDS, AS-
SESSMENTS.—With respect to a child with a 
disability, a State plan shall provide for alter-
nate challenging academic content standards 
and challenging student academic achievement 
standards under paragraph (1)(A), alternate 
high standards of academic achievement de-
scribed in paragraph (2)(C)(i), and alternate 
yearly student academic assessments described 
in paragraph (3), to align such standards and 
assessments with the child’s individualized edu-
cation program.
‘‘(B) DETERMINATION OF APPLICABLE AS-
SESSMENT.—In carrying out this paragraph, 
consistent with the Individuals with Disabilities 
Education Act, the State— 
‘‘(i) shall allow the individualized edu-
cation program team of each child with a 
disability in the State to determine wheth-
er an 
alternate 
academic 
assessment 
should be administered to the child in lieu 
of the academic assessment otherwise re-
quired by paragraph (3); 
‘‘(ii) shall require the individualized 
education program team of the child to se-
lect any such alternate academic assess-
ment from among the alternate assess-
ments included in the State’s plan pursu-
ant to subparagraph (C); and 
‘‘(iii) shall require that any alternate 
academic assessment administered to a 
child under this paragraph be more ad-
vanced than any such assessment adminis-
tered to the child in a previous school year 
under this paragraph. 
‘‘(C) ALTERNATIVE ASSESSMENTS.—Each 
State plan shall include alternate academic as-
sessments that may be administered to children 
with disabilities for purposes of complying with 
this paragraph. 
‘‘(D) DEFINITION.—In this paragraph, the 
term ‘individualized education program’ has the 
meaning given to that term in section 602 of 
the Individuals with Disabilities Education 
Act.’’. 
(B) 
RULE
OF
CONSTRUCTION.—The 
amendment made by this paragraph shall be 
construed as superseding the 1.0 percent cap at 
section 200.13(c)(1) of title 34, Code of Federal 
Regulations (imposing a cap on the number of 
children with disabilities whose proficient and 
advanced scores, although based on alternate 
achievement standards, may be included in cal-
culating adequate yearly progress). 
(2) STUDENTS WITH LIMITED ENGLISH PRO-
FICIENCY.—Section 1111(b) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 
6311(b)) is amended— 
(A) in paragraph (2)(C)— 
(i) in clause (vi), by striking ‘‘and’’ at 
the end;
(ii) in clause (vii), by striking the pe-
riod at the end and inserting a semicolon; 
and 
(iii) by adding at the end the fol-
lowing: 
‘‘(viii) notwithstanding the participa-
tion of students with limited English pro-
ficiency in the yearly student academic as-
sessments in mathematics, reading or lan-
guage arts, and science described in para-
graph (3), measures the achievement of 
the group of such students based exclu-
sively on the progress of such students in 
acquiring English proficiency, as deter-
mined by measuring the progress of such 
students on a longitudinal basis, taking 
into consideration the performance of such 
students on the academic assessments of 
English 
language 
proficiency 
required 
under paragraph (7); and’’; and 
(B) by amending paragraph (6) to read as 
follows: 
‘‘(6) STUDENTS WITH LIMITED ENGLISH PRO-
FICIENCY.—In addition to administering to students 
with limited English proficiency the yearly student
academic assessments in mathematics, reading or 
language arts, and science described in paragraph 
(3), each State plan shall demonstrate that the State 
educational agency, in consultation with local edu-
cational agencies, has implemented high-quality, 
yearly assessments, including at a minimum the aca-
demic assessments of English language proficiency 
required under paragraph (7), for measuring on a 
longitudinal basis the progress of each individual 
student with limited English proficiency served by 
the State educational agency.’’. 
(3) LONGITUDINAL MEASUREMENT OF AYP.— 
Subsection (b) of section 1111 of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 
6311) is amended— 
(A) at the end of paragraph (2)(C), as 
amended by paragraph (2), by adding the fol-
lowing: 
‘‘(ix) at the State’s discretion, meas-
ures the progress of public elementary 
schools, secondary schools, and local edu-
cational agencies by tracking the progress 
of individual students or cohorts of stu-
dents on a longitudinal basis in lieu of, or 
in addition to, comparing the proficiency of
a class of students with the proficiency of 
earlier classes of students.’’; and 
(B) at the end of subsection (b), as amend-
ed by paragraph (1), by adding the following: 
‘‘(12) LONGITUDINAL PROGRESS OF TRANSFER-
RING STUDENTS.— 
‘‘(A) IN GENERAL.—If a State chooses to 
measure adequate yearly progress on a longitu-
dinal basis pursuant to paragraph (2)(C)(ix), 
the State may exclude from such measurement 
of progress at a school any student who trans-
ferred to that school at the beginning of or dur-
ing the school year involved. 
‘‘(B) 
STUDENTS
WHO
FREQUENTLY 
TRANSFER.—The Secretary by regulation— 
‘‘(i) shall ensure that a State choosing 
to measure adequate yearly progress on a 
longitudinal basis has in effect a system 
for measuring the progress of students who 
frequently transfer among schools; and 
‘‘(ii) in the case of a student who at-
tends 3 or more schools in any 5-year pe-
riod, shall provide for the sharing of school 
records.’’.
(4) PERCENTAGE OF STUDENTS REQUIRED TO 
TAKE
ASSESSMENTS.—Clause 
(ii) 
of 
section 
1111(b)(2)(I) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6311(b)(2)(I)) is 
amended by inserting ‘‘, and except that a school 
may satisfy the 95 percent requirement described in 
this clause based on a 3-year average of the applica-
ble percentage’’ after ‘‘personally identifiable infor-
mation about an individual student’’. 
(5) CONFORMING
AMENDMENTS.—Subsection 
(b) of section 1111 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 6311) is 
amended— 
(A) in subparagraph (B) of paragraph (1), 
by striking ‘‘The academic standards’’ and in-
serting ‘‘Subject to paragraphs (2)(C)(viii), (6), 
and (11), the academic standards’’; and 
(B) in clause (i) of paragraph (3)(C), by 
inserting ‘‘subject to paragraphs (6) and (11),’’ 
before ‘‘be the same academic assessments’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this Act shall apply only with respect to the first school 
year beginning after the date of the enactment of this Act 
and subsequent school years. 
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