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

SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.

(a) Definitions.--In this section:
(1) Business entity.--The term ''business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ''facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ''gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ''intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ''nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ''State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Solution: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Why? This Bill focuses on shielding business entities from civil liability relating to an injury or death depending on the conditions of injury, hence the generated summary is correct.

New input: SECTION 1. INSTRUCTIONAL LEVEL ASSESSMENT PILOT PROGRAM.

Part A of title VI of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7301 et seq.) is amended by adding at the end the
following:

''Subpart 5--Instructional Level Assessment

''SEC. 6171. INSTRUCTIONAL-LEVEL ASSESSMENT PILOT PROGRAM.

''(a) Grant Authority.--
''(1) In general.--The Secretary shall award grants on a
competitive basis to no more than ten State educational
agencies to conduct pilot programs to determine the
effectiveness of assessing students with disabilities who are
achieving significantly below grade-level proficiency at their
instructional level, and to facilitate quality instruction for
such students.
''(2) Grant period.--Grants described under paragraph (1)
shall be made for a 3 year period.
''(b) Application.--A State that desires the grant described under
paragraph (1) shall submit an application for such grant, at such time,
in such manner and in such format as the Secretary may prescribe. In
order to be eligible to receive a grant under this section, an State
shall--
''(1) be determined by the Secretary to not be in need of
intervention or substantial intervention in implementing the
requirements as described in part B, section 616(d)(2) (20
U.S.C. 1416) of the Individuals with Disabilities Education
Act;
''(2) have developed and implemented alternate assessments
to modified academic achievement standards;
''(3) as part of such application, provide assurances such
agency has identified a minimum of 5 local education agencies,
considering geographic diversity, the mix of rural and urban
districts, and the mix of small and large districts, to
participate in the pilot;
''(4) demonstrate such agency will provide guidance to the
participating local education agencies on--
''(A) how to appropriately select students for the
pilot;
''(B) scientifically valid assessment & evaluation
tools to be utilized; and
''(C) data collection and reporting;
''(5) as part of such application, provide an assurance
that participating local education agencies have implemented a
response to intervention approach as defined in section 9101
that ensures that all students have received data driven,
quality instruction in the grade-level content; and
''(6) ensure monitoring and oversight of the participating
local education agencies, including establishment of a process
to review documentation provided by the individualized
education program team (or 'IEP Team') (as defined in section
614(d)(1)(B) of the Individuals with Disabilities Education Act
(20 U.S.C. 1414(d)(1)(B))), for each student recommended for
participation in the pilot to ensure that students are
appropriately identified for participation.
''(c) Program Elements.--In implementing the pilot, a State
educational agency and the participating local educational agencies
shall--
''(1) limit participation of students in the pilot program
to .5 percent of the total population of students assessed in
each participating local educational agency;
''(2) ensure that the participating student's IEP Team has
determined that the alternate assessment to modified
achievement standards is the appropriate annual assessment for
the student and secured the written consent of the parents of
such student prior to such students being assessed under the
pilot program;
''(3) ensure that all students participating in the pilot
program are receiving data driven, quality instruction in the
grade level content in the subject areas to be assessed;
''(4) ensure the IEP Team shall--
''(A) examine the student's testing data, formative
assessments, student work, IEP progress notes, data
from the response to intervention approaches, teacher
recommendations and other data that indicates a
student's instructional level;
''(B) determine whether the student is performing
three or more grade levels below their current grade
level in either reading or math, as measured by
scientifically-valid and reliable instruments, and the
measures described in subparagraph (A); and
''(C) administer scientifically-valid and reliable
assessments based on the student's instructional level
in reading and/or math; and
''(5) based on the student's instructional level
assessment, ensure the IEP Team will develop, and the local
education agency will implement, a series of targeted
interventions that directly address and are designed to
remediate identified gaps in the student's instructional and
grade-level content knowledge.
''(d) Accountability.--
''(1) The data from instructional level assessments shall
not be used for purpose of determining whether a student meets
or exceeds a proficient level of achievement as described under
section 1111(b).
''(2) The results of any such instructional leveal
assessments administered under this Act shall not be used to
determine whether a school, local educational agency, or State
educational agency has made adequate yearly progress, as
described under section 1111(b).
''(e) Reports.--
''(1) Each local education agency participating in the
pilot will compile a report documenting progress on each
student's instructional level proficiency and progress made
toward reaching grade level proficiency based on either an
alternate assessment based on modified academic achievement
standards or regular academic achievement standards and a
scientifically valid and reliable instructional level
assessment.
''(2) Each State education agency participating in the
pilot shall submit an annual report to the Secretary,
describing how many students participated in the pilot, and the
progress made towards closing the gap between their current
grade level proficiency and instructional level proficiency.
''(3) Data collected shall be used by the Secretary to
inform the report in section 1111(b)(2)(S).
''(4) The Secretary shall issue a report to Congress
indicating how many students participated in the pilot and
changes in the gap between their instructional and grade level
proficiency before participation in the pilot and after their
participation.
''(f) Authorization of Funds.--There are authorized to be
appropriated $5,000,000 to make grants under this section for fiscal
year 2008.''.
Solution:
Amends the Elementary and Secondary Education Act of 1965 to require the Secretary of Education to: (1) award competitive grants to up to 10 states for pilot programs to determine the effectiveness of assessing disabled students who are achieving significantly below grade-level proficiency at their instructional level; and (2) provide quality instruction to such students.

Requires each grantee to identify a minimum of five local educational agencies (LEAs) to participate in its pilot program and limit student participation to 0.5% of the students assessed in each participating LEA.

Requires such states and LEAs to ensure that each participating student's individualized education program team: (1) administers, after securing parental consent, a scientifically-valid and reliable assessment based on the student's instructional level in reading and/or math; and (2) based on such assessment, develops a series of targeted interventions designed to close identified gaps in the student's instructional and grade-level content knowledge. Prohibits the use of such assessment results in determinations of adequate yearly progress (AYP) toward state academic performance standards.