In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

[EX Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Senator Paul Simon Water for the 
Poor Enhancement Act of 2008''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Senator Paul Simon Water for the Poor Act of 2005 
        (Public Law 109-121)--
                    (A) makes access to safe water and sanitation for 
                developing countries a specific policy objective of 
                United States foreign assistance programs;
                    (B) requires the Secretary of State to--
                            (i) develop a strategy to elevate the role 
                        of water and sanitation policy; and
                            (ii) improve the effectiveness of United 
                        States assistance programs undertaken in 
                        support of that strategy;
                    (C) codifies Target 10 of the United Nations 
                Millennium Development Goals; and
                    (D) seeks to reduce the proportion of people who 
                are unable to reach or afford safe drinking water and 
                basic sanitation by 50 percent by 2015.
            (2) On December 20, 2006, the United Nations General 
        Assembly, in GA Resolution 61/192, declared 2008 as the 
        International Year of Sanitation, in recognition of the impact 
        of sanitation on public health, poverty reduction, economic and 
        social development, and the environment.
            (3) On August 1, 2008, Congress passed H. Con. Res. 318, 
        which--
                    (A) supports the goals and ideals of the 
                International Year of Sanitation; and
                    (B) recognizes the importance of sanitation on 
                public health, poverty reduction, economic and social 
                development, and the environment.
            (4) While progress is being made on safe water and 
        sanitation efforts--
                    (A) more than 884,000,000 people throughout the 
                world lack access to safe drinking water; and
                    (B) 2 of every 5 people in the world do not have 
                access to basic sanitation services.
            (5) The health consequences of unsafe drinking water and 
        poor sanitation are staggering, accounting for--
                    (A) nearly 10 percent of the global burden of 
                disease; and
                    (B) more than 2,000,000 deaths each year.
            (6) The effects of climate change are expected to produce 
        severe consequences for water availability and resource 
        management in the future, with 2,800,000,000 people in more 
        than 48 countries expected to face severe and chronic water 
        shortages by 2025.
            (7) The impact of water scarcity on conflict and 
        instability is evident in many parts of the world, including 
        the Darfur region of Sudan, where demand for water resources 
        has contributed to armed conflict between nomadic ethnic groups 
        and local farming communities.
            (8) In order to further the United States contribution to 
        safe water and sanitation efforts, it is necessary to--
                    (A) expand foreign assistance capacity to address 
                the challenges described in this section; and
                    (B) represent issues related to water and 
                sanitation at the highest levels of United States 
                foreign assistance deliberations, including 
                deliberations related to issues of global health, food 
                security, the environment, global warming, and maternal 
                and child mortality.

SEC. 3. PURPOSE.

    The purpose of this Act is to enhance the capacity of the United 
States Government to fully implement the Senator Paul Simon Water for 
the Poor Act of 2005 (Public Law 109-121).

SEC. 4. DEVELOPING UNITED STATES GOVERNMENT CAPACITY.

    Section 135 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151h) 
is amended by adding at the end the following:
    ``(e) Office of Water.--
            ``(1) Establishment.--To carry out the purposes of 
        subsection (a), the Administrator of the United States Agency 
        for International Development shall establish the Office of 
        Water.
            ``(2) Leadership.--The Office of Water shall be headed by 
        an Assistant Administrator for Safe Water and Sanitation, who 
        shall report directly to the Administrator.
            ``(3) Duties.--The Assistant Administrator shall--
                    ``(A) implement this section and the Senator Paul 
                Simon Water for the Poor Act of 2005 (Public Law 109-
                121); and
                    ``(B) place primary emphasis on providing safe, 
                affordable, and sustainable drinking water, sanitation, 
                and hygiene.
    ``(f) Bureau of International Water.--
            ``(1) Establishment.--To increase the capacity of the 
        Department of State to address international issues regarding 
        safe water, sanitation, and other international water programs, 
        the Secretary of State shall establish the Bureau for 
        International Water within the Office of the Under Secretary 
        for Democracy and Global Affairs (referred to in this 
        subsection as the `Bureau').
            ``(2) Duties.--The Bureau shall--
                    ``(A) oversee and coordinate the diplomatic policy 
                of the United States Government with respect to global 
                freshwater issues, including--
                            ``(i) access to safe drinking water and 
                        sanitation;
                            ``(ii) river basin and watershed 
                        management;
                            ``(iii) transboundary conflict;
                            ``(iv) agricultural and urban productivity 
                        of water resources;
                            ``(v) pollution mitigation; and
                            ``(vi) adaptation to hydrologic change due 
                        to climate variability; and
                    ``(B) ensure that international freshwater issues 
                are represented--
                            ``(i) within the United States Government; 
                        and
                            ``(ii) in key diplomatic, development, and 
                        scientific efforts with other nations and 
                        multilateral organizations.''.

SEC. 5. SAFE WATER AND SANITATION STRATEGY.

    Section 6(e) of the Senator Paul Simon Water for the Poor Act of 
2005 (Public Law 109-121) is amended--
            (1) in paragraph (5), by striking ``and'' at the end;
            (2) in paragraph (6), by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(7) an assessment of the extent to which the United 
        States Government's efforts are reaching the goal described in 
        section 135(a)(2) of the Foreign Assistance Act of 1961 (22 
        U.S.C. 2152h(a)(2)); and
            ``(8) recommendations on what the United States Government 
        would need to do to help achieve the goal referred to in 
        paragraph (7) if the United States Government's efforts were 
        proportional to its share of the world's economy.''.

SEC. 6. DEVELOPING LOCAL CAPACITY.

    The Senator Paul Simon Water for the Poor Act of 2005 (Public Law 
109-121) is amended--
            (1) by redesignating sections 9, 10, and 11 as sections 10, 
        11, and 12, respectively; and
            (2) by inserting after section 8 the following:

``SEC. 9. WATER AND SANITATION MANAGERS TRAINING PROGRAM.

    ``(a) Establishment.--
            ``(1) In general.--The Secretary of State and the 
        Administrator of the United States Agency for International 
        Development shall establish, in every priority country, a 
        program to train local, in-country water and sanitation 
        managers, and other officials of countries that receive 
        assistance under section 135 of the Foreign Assistance Act of 
        1961 to promote the capacity of recipient governments to 
        provide affordable, equitable, and sustainable access to safe 
        drinking water and sanitation.
            ``(2) Coordination.--The program established under 
        subsection (a) shall be coordinated by the lead country water 
        manager designated in subsection (c)(2).
            ``(3) Expansion.--The Secretary and Administrator may 
        establish the program described in this section in additional 
        countries if the receipt of such training would be most 
        beneficial, with due consideration given to good governance.
    ``(b) Designation.--The United States Chief of Mission within each 
country receiving a `high priority' designation under section 6(f) 
shall--
            ``(1) designate safe drinking water and sanitation as a 
        strategic objective;
            ``(2) appoint an in-country water and sanitation manager 
        within the Mission to coordinate the in-country implementation 
        of this Act and section 135 of the Foreign Assistance Act of 
        1961 with local water managers, local government officials, the 
        Department of State, and the Office of Water of the United 
        States Agency for International Development; and
            ``(3) coordinate with the Development Credit Authority and 
        the Global Development Alliance to further the purposes of this 
        Act.''.

SEC. 7. GRANTS FOR LOW COST CLEAN WATER AND SANITATION TECHNOLOGIES.

    Section 135(c) of the Foreign Assistance Act (22 U.S.C. 2152h(c)) 
is amended--
            (1) in paragraph (3), by striking ``and'' at the end;
            (2) in paragraph (4), by striking the period at the end; 
        and
            (3) by adding at the end the following:
            ``(5) provide grants through the United States Agency for 
        International Development to foster the development of low cost 
        and sustainable technologies for providing clean water and 
        sanitation that are suitable for use in high priority 
        countries, particularly in places with limited resources and 
        infrastructure.''.

SEC. 8. UPDATED REPORT REGARDING WATER FOR PEACE AND SECURITY.

    Section 11(b) of the Senator Paul Simon Water for the Poor Act of 
2005, as redesignated by section 6, is amended by adding at the end the 
following: ``The report submitted under this subsection shall include 
an assessment of current and likely future political tensions over 
water sources and an assessment of the expected impacts of global 
climate change on water supplies in 10, 25, and 50 years.''.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated for fiscal year 2009 and 
each subsequent fiscal year such sums as may be necessary to carry out 
this Act and the amendments made by this Act.

SEC. 10. CONSTRUCTION.

    This Act shall be implemented in a manner consistent with the 
Senator Paul Simon Water for the Poor Act of 2005 (Public Law 109-121). 
Nothing in this Act shall be construed in such a way as to override or 
take precedence over the implementation of that Act.
[EX A]: Senator Paul Simon Water for the Poor Enhancement Act of 2008 - Amends the Foreign Assistance Act of 1961 to direct the Administrator of the United States Agency for International Development (USAID) to establish the Office of Water which shall: (1) implement the Senator Paul Simon Water for the Poor Act of 2005; and (2) place primary emphasis on providing safe drinking water, sanitation, and hygiene.

Directs the Secretary of State to establish the Bureau for International Water within the Office of the Under Secretary for Democracy and Global Affairs which shall: (1) coordinate U.S. diplomatic policy regarding global freshwater issues; and (2) ensure that international freshwater issues are represented within the U.S. government.

Amends the Senator Paul Simon Water for the Poor Act of 2005 to: (1) direct the Secretary and the Administrator to establish in every priority country a program to train local water and sanitation managers to promote government capacity to provide access to safe drinking water and sanitation; and (2) require that the water for peace and security report includes an assessment of current and likely future political tensions over water sources and an assessment of the future impacts of global climate change on water supplies.

Amends the Foreign Assistance Act of 1961 to authorize grants through USAID to develop technologies for providing clean water and sanitation in high priority countries with limited resources and infrastructure.

[EX Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stop Westward Aquatic Threats Act''.

SEC. 2. AMENDMENT OF NONINDIGENOUS AQUATIC NUISANCE PREVENTION AND 
              CONTROL ACT OF 1990.

    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 provision, the reference shall be considered to 
be made to a section or other provision of Nonindigenous Aquatic 
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4701 et seq.).

SEC. 3. 100TH MERIDIAN AND WESTWARD PROGRAM.

    Subtitle C (16 U.S.C. 4721 et seq.) is amended by adding at the end 
the following:

``SEC. 1210. 100TH MERIDIAN AND WESTWARD PROGRAM.

    ``(a) Public Information and Education.--The Secretary shall 
coordinate with the States to provide the public with information and 
education on the threat of zebra mussels and other aquatic nuisance 
species and how to prevent their westward advance.
    ``(b) Source States Action Plan.--The Secretary, in consultation 
with the Task Force, shall work with States that contain aquatic 
nuisance species, including zebra mussels, that threaten western States 
to develop and implement a prevention action plan that includes 
inspections of vessels at boat launches and elsewhere.
    ``(c) Movement Across the 100th Meridian.--
            ``(1) Early detection and rapid response.--The Secretary, 
        in consultation with the Task Force, shall seek to prevent 
        westward movement of aquatic nuisance species by monitoring and 
        preventing westward movement of zebra mussels and other aquatic 
        nuisance species across and beyond the 100th meridian, 
        monitoring water bodies, educating boaters leaving waters 
        infected by aquatic nuisance species, and providing rapid 
        response capacity in North Dakota, South Dakota, Nebraska, 
        Kansas, Oklahoma, and Texas.
            ``(2) Check stations.--Under this subsection, the 
        Secretary, in collaboration with the Secretary of 
        Transportation and the States, shall--
                    ``(A) work with States to establish check stations 
                on highways and waterways that cross the 100th 
                meridian, and require that all commercial vessels 
                moving westward across the meridian stop and be checked 
                for zebra mussels and aquatic weeds at such check 
                stations;
                    ``(B) require that contaminated vessels identified 
                at such check stations be cleaned in accordance with 
                protocols developed by the Task Force before being 
                moved across the 100th meridian;
                    ``(C) assess and collect from persons who violate 
                such requirement more than one time a civil penalty of 
                $150 for each violation after the first violation;
                    ``(D) identify and record all vessels that stop at 
                such check stations and the water body most recently 
                visited by each such vessel;
                    ``(E) focus prevention resources on States having 
                the greatest number of contaminated vessels; and
                    ``(F) coordinate implementation of this subsection 
                with appropriate Canadian authorities.
    ``(d) Vector Action Plans.--The Secretary and the Task Force, in 
collaboration with the States and within 18 months after the date of 
the enactment of this subsection, shall--
            ``(1) assess the relative risk of vectors and pathways of 
        westward movement of zebra mussels and other aquatic nuisance 
        species across the 100th meridian and throughout the western 
        States and develop adequate action plans to control each 
        pathway, ranked by priority; and
            ``(2) provide to the Task Force, for distribution to the 
        States, data developed through such assessment.
    ``(e) Lewis and Clark Bicentennial Expedition.--
            ``(1) In general.--The Secretary of the Interior shall 
        ensure that the United States Fish and Wildlife Service and the 
        National Park Service coordinate efforts to implement an action 
        plan to prevent the spread of aquatic nuisance species by 
        vessels and other potential vectors involved in the Lewis and 
        Clark Bicentennial Expedition, including efforts to educate 
        participants in such Expedition by no later than January 1, 
        2003.
            ``(2) Authorization of appropriations.--There are 
        authorized to be appropriated to the Secretary of the Interior 
        to carry out this subsection $100,000 for each of fiscal years 
        2002 through 2005.
    ``(f) Application in Other States.--If the Secretary determines 
that any State (other than those listed in subsection (c)) that is 
located west of the 100th meridian needs to be involved in 
implementation of this section for this section to be effective, the 
Secretary may apply this section in such State.
    ``(g) Evaluation of Effectiveness.--The Secretary shall enter into 
an arrangement with an independent entity under which the entity shall, 
by January 1, 2005, evaluate the effectiveness of the 100th meridian 
and westward program under this section in stopping the westward 
movement of zebra mussels and other aquatic nuisance species across and 
beyond the 100th meridian.
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out this section $5,000,000 for 
each of fiscal years 2003 through 2007.''.

SEC. 4. STATE MANAGEMENT PLANS.

    (a) Grants to States for Development of Management Plans.--Section 
1204(b) (16 U.S.C. 4724(b)) is amended--
            (1) in paragraph (1) by inserting ``make grants to States 
        to develop management plans under this section, including for 
        hiring personnel for such development, and'' after ``at the 
        recommendation of the Task Force,'';
            (2) in paragraph (3)(A) by striking ``each comprehensive 
        management plan implemented with Federal assistance'' and 
        inserting ``implementation of each comprehensive management 
        plan''; and
            (3) in paragraph (3)(B) by striking ``each public facility 
        management plan implemented with Federal assistance'' and 
        inserting ``implementation of each public facility management 
        plan''.
    (b) Authorization of Appropriations.--Section 1301 (16 U.S.C. 4724) 
is amended--
            (1) in subsection (c) by striking ``There are authorized'' 
        and all that follows through ``of which'' and inserting ``For 
        grants to States under section 1204(b) there are authorized to 
        be appropriated to the Director $10,000,000 for each of fiscal 
        years 2003 through 2007, of which up to 20 percent may be 
        available for plan development and of which''; and
            (2) by adding at the end the following:
    ``(f) Funding for Capacity Building by Western Regional Panel.--To 
build capacity and foster the development and implementation of 
comprehensive management plans under section 1204 for States located on 
or west of the 100th meridian there are authorized to be appropriated 
to the Western Regional panel established under section 1203(b) 
$600,000 for each of fiscal years 2003 through 2007.''.
[EX A]: Stop Westward Aquatic Threats Act - Amends the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 to direct the Secretary of the Interior to: (1) provide the public with information and education on the threat of zebra mussels and other aquatic nuisance species and how to prevent their westward advance; (2) work with States that contain aquatic nuisance species (including zebra mussels) that threaten western States to develop and implement a prevention action plan that includes inspections of vessels at boat launches and elsewhere (including vessels involved in the Lewis and Clark Bicentennial Expedition); and (3) prevent westward movement of aquatic nuisance species by monitoring and preventing westward movement of zebra mussels and other aquatic nuisance species beyond the 100th meridian, monitoring water bodies, educating boaters leaving waters infected by aquatic nuisance species, and providing rapid response capacity in North Dakota, South Dakota, Nebraska, Kansas, Oklahoma, and Texas.Authorizes the Director of the of the Aquatic Nuisance Species Task Force to make grants to States to develop management plans which identify those areas or activities within the State for which assistance is needed to eliminate or reduce the environmental, public health, and safety risks associated with aquatic nuisance species, particularly the zebra mussel.

[EX Q]: 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 Secondary 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 
                                subjects in which the teacher teaches, 
                                of an academic major, a graduate 
                                degree, coursework equivalent to an 
                                undergraduate academic major, or 
                                advanced 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 profession 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 
                        Secretary 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 paragraph 
        (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 competency 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 disabilities 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 enactment of the No Child Left 
                        Behind Improvement Act of 2005 or the first 3 
                        school years of such teacher's teaching career, 
                        demonstrate such a high level of competency by 
                        satisfying the requirements of subclause (I), 
                        (II), or (III) of subparagraph (B)(ii) only 
                        with respect to special education or 
                        corrections education, respectively; 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 children with 
                        disabilities or a middle or secondary school 
                        teacher who teaches 3 or more subjects and 
                        exclusively serves children or youth described 
                        in section 1411 may, for as long as the teacher 
                        continues to serve in such capacity, 
                        demonstrate such a high level of competency by 
                        satisfying the requirements of subclause (I), 
                        (II), or (III) of subparagraph (B)(ii) only 
                        with respect to special education or 
                        corrections education, respectively.''.
    (b) Adequate Yearly Progress.--
            (1) Student with disabilities.--
                    (A) Modification of standards, assessments.--
                Subsection (b) of section 1111 of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 6311) is 
                amended by adding at the end the following:
            ``(11) Children with disabilities.--
                    ``(A) Modification of standards, assessments.--With 
                respect to a child with a disability, a State plan 
                shall provide for alternate challenging academic 
                content standards and challenging student academic 
                achievement standards under paragraph (1)(A), alternate 
                high standards of academic achievement described 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 education program.
                    ``(B) Determination of applicable assessment.--In 
                carrying out this paragraph, consistent with the 
                Individuals with Disabilities Education Act, the 
                State--
                            ``(i) shall allow the individualized 
                        education program team of each child with a 
                        disability in the State to determine whether an 
                        alternate academic assessment should be 
                        administered to the child in lieu of the 
                        academic assessment otherwise required by 
                        paragraph (3);
                            ``(ii) shall require the individualized 
                        education program team of the child to select 
                        any such alternate academic assessment from 
                        among the alternate assessments included in the 
                        State's plan pursuant to subparagraph (C); and
                            ``(iii) shall require that any alternate 
                        academic assessment administered to a child 
                        under this paragraph be more advanced than any 
                        such assessment administered to the child in a 
                        previous school year under this paragraph.
                    ``(C) Alternative assessments.--Each State plan 
                shall include alternate academic assessments 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 calculating 
                adequate yearly progress).
            (2) Students with limited english proficiency.--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 
                        period at the end and inserting a semicolon; 
                        and
                            (iii) by adding at the end the following:
                            ``(viii) notwithstanding the participation 
                        of students with limited English proficiency in 
                        the yearly student academic assessments in 
                        mathematics, reading or language arts, and 
                        science described in paragraph (3), measures 
                        the achievement of the group of such students 
                        based exclusively on the progress of such 
                        students in acquiring English proficiency, as 
                        determined 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 proficiency.--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 educational 
        agencies, has implemented high-quality, yearly assessments, 
        including at a minimum the academic 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 following:
                            ``(ix) at the State's discretion, measures 
                        the progress of public elementary schools, 
                        secondary schools, and local educational 
                        agencies by tracking the progress of individual 
                        students or cohorts of students 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 amended by 
                paragraph (1), by adding the following:
            ``(12) Longitudinal progress of transferring students.--
                    ``(A) In general.--If a State chooses to measure 
                adequate yearly progress on a longitudinal basis 
                pursuant to paragraph (2)(C)(ix), the State may exclude 
                from such measurement of progress at a school any 
                student who transferred to that school at the beginning 
                of or during 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 attends 
                        3 or more schools in any 5-year period, 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 applicable percentage'' after 
        ``personally identifiable information about an individual 
        student''.
            (5) Conforming amendments.--Subsection (b) of section 1111 
        of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 6311) is amended--
                    (A) in subparagraph (B) of paragraph (1), by 
                striking ``The academic standards'' and inserting 
                ``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.
[EX A]:
No Child Left Behind Improvement Act of 2005 - Amends the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001, to revise accountability requirements of title I part A assistance for basic programs operated by local educational agencies to improve the academic achievement of the disadvantaged.

Revises such requirements relating to: (1) qualifications of middle school teachers and of special education and corrections education teachers; (2) adequate yearly progress (AYP) standards for students with disabilities and for students with limited English proficiency; (3) longitudinal measurement of AYP; and (4) percentage of students taking assessments.