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Q: SECTION 1. SHORT TITLE.

This Act may be cited as the ''9/11 Can You Hear Me Now Act''.

SEC. 2. FINDINGS.

The Congress finds the following:
(1) After two terrorist attacks it is time to fix the
communications system for the New York City Fire Department.
(2) During its response to the 1993 bombing of the World
Trade Center in New York City, the New York City Fire
Department's radios did not work in the twin towers of the
World Trade Center. The resulting lack of communication
complicated operations but did not result in the death of any
firefighter.
(3) Eight years later, on September 11, 2001, the World
Trade Center was attacked again and the fire department's radio
system failed again.
(4) Soon before the collapse of Tower One of the World
Trade Center, fire department officials tried in vain to radio
firefighters to evacuate the building.
(5) The firefighters' radio system failed the firefighters
in Tower One and as a result many were not able to receive this
warning. The failure of the radio system was largely
responsible for the death of many of the 343 firefighters who
died in the collapse of the World Trade Center twin towers.
(6) Since September 11, 2001, the fire department has taken
steps to improve the communications system that failed them.
However, many tall buildings in New York City have not
installed repeaters that are needed to boost signals, and the
signals are often lost in high-rise buildings and underground.
(7) In August 2003, New York City experienced a blackout.
During the blackout the fire department's radio system was
again found not to work reliably during emergency situations or
in high buildings.
(8) The dispatch system currently used by the New York City
Fire Department was acquired in the early 1970s and hampers the
ability of the department to fully communicate with its
firefighters and provide appropriate detailed information about
the buildings and locations to which they respond.
(9) Since the terrorist attacks of September 11, 2001,
executive branch officials have repeatedly warned that future
terror attacks are not a matter of if, but when. The Secretary
of Homeland Security has identified New York City as one of the
main terrorist targets.
(10) With New York City remaining a top terrorist target,
such communications system should be a national priority.
(11) A new state-of-the-art communications system and
upgrades to the critical information dispatch system for the
New York City Fire Department should be--
(A) seamless from the receipt of a 911 call to the
dispatch of the firefighter; and
(B) interoperable with other public safety offices
within the City of New York.

SEC. 3. REQUIREMENT TO PROCURE COMMUNICATIONS SYSTEM FOR NEW YORK CITY
FIRE DEPARTMENT.

(a) In General.--The Secretary of Homeland Security shall, by not
later than 1 year after the date of the enactment of this Act, procure
development and provision of a communications system for the New York
City Fire Department, including appropriate radios for the entire
department and upgrades to the critical information dispatch system of
the department.
(b) Requirements.--
(1) Radios.--Radios procured pursuant to this section must
be capable of operating in all locations, and under all
conditions, in which firefighters can reasonably be expected to
work in responding to an emergency in New York City.
(2) Supplemental communication device.--Any communications
system procured pursuant to this section must include provision
to each firefighter of a supplemental radio communication
device that--
(A) allows the firefighter to transmit audio and
radio emergency notification warning signals to other
firefighters whenever the firefighter is in distress
and in immediate need of assistance; and
(B) has the capability to operate automatically in
a passive mode by transmitting audio and radio messages
that will relay the firefighter's identification and
location if the firefighter--
(i) becomes incapacitated and motionless;
and
(ii) is unable to physically transmit a
call for help.
(3) Dispatch system.--Upgrades to the critical information
dispatch system procured pursuant to this section must--
(A) allow the fire department to communicate with
firefighters in all locations, and under all
conditions, in which firefighters can reasonably be
expected to work in responding to an emergency in New
York City, including all high-rise buildings and
subways;
(B) provide useful, detailed data concerning all
likely terrorist target locations in the City of New
York; and
(C) be capable of providing to responding
firefighters, instantaneously, details about particular
buildings and other locations to assist them in making
decisions about how to mitigate a terrorist attack and
save lives and property.
(c) Testing.--Radios, any dispatch system upgrades, and
supplemental communication devices procured pursuant to this section
must have been tested to ensure they will operate in all locations and
under all conditions in which firefighters can reasonably be expected
to work in responding to an emergency in New York City.
(d) Coordination.--In carrying out this section the Secretary shall
coordinate with the City of New York to ensure that the communications
system procured under this section is--
(1) compatible with the plans of the City of New York to
upgrade its 911 system; and
(2) interoperable with other public safety communications
systems.
(e) Progress Report.--The Secretary shall submit to the Congress a
report on progress made in carrying out this section, on--
(1) February 26, 2008; and
(2) September 11, 2008.

A: 9/11 Can You Hear Me Now Act - Directs the Secretary of Homeland Security to procure development and provision of a communications system for the New York City Fire Department, including appropriate radios and upgrades to the Department's critical information dispatch system that allow communication in all locations and under all conditions in which firefighters can reasonably be expected to work, including all high-rise buildings and subways.

Directs that any communications system procured include provision to each firefighter of a supplemental radio communication device that: (1) allows the firefighter to transmit emergency notification warning signals to other firefighters; and (2) has the capability to operate automatically by transmitting messages that will relay an incapacitated firefighter's identification and location.

Requires that upgrades procured: (1) provide useful, detailed data concerning all likely terrorist target locations in the city; and (2) be capable of providing to responding firefighters, instantaneously, details about particular buildings and other locations to assist in making decisions about how to mitigate a terrorist attack.

Requires that: (1) radios, any dispatch system upgrades, and supplemental communication devices procured be tested; and (2) the Secretary coordinate with the city to ensure that the communications system procured is compatible with city plans to upgrade its 911 system and interoperable with other public safety communications systems.
****
Q: SECTION 1. SHORT TITLE: TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ''Port Authority of
New York/New Jersey Port Security Task Force Implementation Act of
2008''.
(b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Secure systems of international intermodal transportation.
Sec. 3. Regional recovery plans.
Sec. 4. National tactical plans.
Sec. 5. Risk based resource allocation.
Sec. 6. Use of maritime security risk assessment model.
Sec. 7. Maritime and cargo security integrated project teams.
Sec. 8. Integration of security plans and systems with local port
authority and law enforcement agencies.
Sec. 9. Standardized policy for advanced notice of Coast Guard boarding
for security or port state control
inspections.
Sec. 10. Fraudulent or tampered with transportation worker
identification cards.
Sec. 11. Federal licensing of ship agents.
Sec. 12. Establishment of a security individual.
Sec. 13. Certification of maritime security guards.
Sec. 14. Grants to tier 1 and tier 2 ports require regional strategic
risk management assessment.
Sec. 15. Vessel security plans for supply and similar vessels.

SEC. 2. SECURE SYSTEMS OF INTERNATIONAL INTERMODAL TRANSPORTATION.

Section 70116 of title 46, United States Code, is amended--
(1) by striking ''transportation.'' in subsection (a) and
inserting ''transportation--
''(1) to ensure the security and integrity of shipments of
goods to the United States from the point at which such goods
are initially packed or loaded into a cargo container for
international shipment until they reach their ultimate
destination; and
''(2) to facilitate the movement of such goods through the
entire supply chain through an expedited security and clearance
program.''; and
(2) by striking subsection (b) and inserting the following:
''(b) Program Elements.--Within one year after the date of
enactment of the Port Authority of New York/New Jersey Port Security
Task Force Implementation Act of 2008, the Secretary, acting through
the Commissioner of Customs and Border Protection, shall--
''(1) establish minimum standards and procedures for
verifying, at the point at which goods are placed in a cargo
container for shipping, that the container is free of
unauthorized contents, including hazardous chemical,
biological, radiological, or nuclear material and for securely
sealing such containers after the contents are so verified;
''(2) establish standards and procedures for securing cargo
and monitoring that security while in transit;
''(3) develop performance standards to enhance the physical
security of shipping containers, including performance
standards for seals and locks and protocols and procedures to
address anomalies;
''(4) establish standards and procedures for screening and
evaluating cargo prior to loading in a foreign port for
shipment to the United States either directly or via a foreign
port;
''(5) establish standards and procedures that will enable
the United States Government to ensure and validate compliance
with those standards and procedures; and
''(6) incorporate any other measures the Secretary
considers necessary to ensure the security and integrity of
international intermodal transport movements.
''(c) Requirements for Entry of Containers.--Beginning 1 year after
the date on which the Secretary determines that the standards and
procedures under subsection (b)(5) have been established and are in
effect, the Commissioner of Customs and Border Protection shall refuse
entry into the customs territory of the United States to any container,
arriving directly or via a foreign port, unless the entity shipping the
container has complied with those standards and procedures with respect
to that container.''.

SEC. 3. REGIONAL RECOVERY PLANS.

(a) Establishment.--Section 70103(b)(2) of title 46, United States
Code, is amended--
(1) by redesignating subparagraphs (E) through (G) as
subparagraphs (F) through (H), respectively; and
(2) by inserting after subparagraph (D) the following:
''(E) establish regional response and recovery
protocols to prepare for, respond to, mitigate against,
and recover from a transportation security incident
consistent with section 202 of the Security and
Accountability for Every Port Act of 2006 (6 U.S.C.
942) and section 70103(a) of title 46, United States
Code;''.
(b) Coordination of Plans.--Section 70103(b)(1) of title 46, United
States Code, is amended--
(1) by striking ''and'' after the semicolon in subparagraph
(F);
(2) by redesignating subparagraph (G) as subparagraph (H);
and
(3) by inserting after subparagraph (F) the following:
''(G) be consistent with, and support implementation of,
the National Incident Management System, the National Response
Plan, the National Infrastructure Protection Plan, the National
Preparedness Guidance, the National Preparedness Goal, the
National Transportation Security Plan, National Tactical Plans,
and other similar initiatives; and''.
(c) Use of Area Maritime Transportation Security Plans in
Exercises.--Section 114(b)(1) of the SAFE Port Act (6 U.S.C. 912(b)) is
amended--
(1) by striking ''and'' after the semicolon in paragraph
(1);
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following:
''(2) utilizes the Area Maritime Transportation Security
Plans established under section 70103(b) of title 46, United
States Code, in conducting such exercises; and''.

SEC. 4. NATIONAL TACTICAL PLANS.

The Secretary of the department in which the Coast Guard is
operating shall ensure that the National Tactical Plan is shared with
the Area Maritime Security Committees established under section 70112
of title 46, United States Code. The Area Maritime Security Committees
shall use the plan in developing regional and local plans and for
exercises.

SEC. 5. RISK BASED RESOURCE ALLOCATION.

(a) National Standard.--Within 1 year after the date of enactment
of this Act, in carrying out chapter 701 of title 46, United States
Code, the Homeland Security Act of 2002, and the Security and
Accountability for Every Port Act of 2006 the Secretary of the
department in which the Coast Guard is operating shall develop and
utilize a national standard and formula for prioritizing and addressing
assessed security risks at United States ports, such as the Maritime
Assessment Strategy Tool that has been tested by the Department of
Homeland Security.
(b) Use by Maritime Security Committees.--Within 2 years after the
date of enactment of this Act, the Secretary shall require each Area
Maritime Security Committee to use this standard to regularly evaluate
each port's assessed risk and prioritize how to mitigate the most
significant risks.
(c) Other Uses of Standard.--The Secretary shall utilize the
standard when considering departmental resource allocations and grant-
making decisions.

SEC. 6. USE OF MARITIME SECURITY RISK ASSESSMENT MODEL.

Within 180 days after the date of enactment of this Act, the
Secretary of the department in which the Coast Guard is operating shall
make the United States Coast Guard's Maritime Security Risk Assessment
Model tool available, in an unclassified version, on a limited basis to
regulated vessels and facilities to conduct true risk assessments of
their own facilities and vessels using the same criteria employed by
the United States Coast Guard when evaluating a port area.

SEC. 7. MARITIME AND CARGO SECURITY INTEGRATED PROJECT TEAMS.

The Secretary of Homeland Security shall--
(1) establish integrated project teams within the science
and technology directorate to assist the Department of Homeland
Security in product research, development, transition, and
acquisition activities for cargo security; and
(2) provide for participation by port authorities or the
appropriate State agency responsible for oversight of port
areas in such activities.

SEC. 8. INTEGRATION OF SECURITY PLANS AND SYSTEMS WITH LOCAL PORT
AUTHORITY AND LAW ENFORCEMENT AGENCIES.

Section 70102 of title 46, United States Code, is amended by adding
at the end thereof the following:
''(c) Sharing of Assessment; Integration of Plans and Equipment.--
The owner or operator of a facility shall--
''(1) make a current copy of the vulnerability assessment
conducted under subsection (b) available to the port authority
with jurisdiction of the facility and appropriate State or
local law enforcement agencies; and
''(2) integrate, to the maximum feasible extent, any
security system for the facility with compatible systems
operated or maintained by the port authority or such law
enforcement agencies.''.

SEC. 9. STANDARDIZED POLICY FOR ADVANCED NOTICE OF COAST GUARD BOARDING
FOR SECURITY OR PORT STATE CONTROL INSPECTIONS.

Within 90 days after the date of enactment of this Act, the
Commandant of the Coast Guard shall establish, and publish in the
Federal Register, a policy governing how much advance notice is to be
provided by the Coast Guard to the owner or operator of a vessel before
the vessel is boarded by the Coast Guard for ISPS compliance or Port
State Control inspection.

SEC. 10. FRAUDULENT OR TAMPERED WITH TRANSPORTATION WORKER
IDENTIFICATION CARDS.

Section 70105 of title 46, United States Code, is amended by adding
at the end thereof the following:
''(n) Confiscation of Fraudulent TWICs.--If any Federal, State, or
local government law enforcement officer, or any member of the United
States Coast Guard in the execution of such officer's duties, has
reasonable cause to believe that a transportation security card issued
under this section is fraudulent, has been unlawfully modified, or is
otherwise invalid, the officer may confiscate the card, notify the
Department of Homeland Security, and hold the bearer of the card in
custody for a reasonable period of time for relinquishment to
appropriate law enforcement authorities.''.

SEC. 11. FEDERAL LICENSING OF SHIP AGENTS.

(a) In General.--Within 1 year after the date of enactment of this
Act, the Federal Maritime Commission shall establish and implement a
procedure for the training, certification, and licensing of steamship
agents and agencies operating in the United States.
(b) TWIC Required.--An individual may not receive a license under
the procedure established by the Federal Maritime Commission under
subsection (a) unless that individual holds a valid transportation
security card issued under section 70105 of title 46, United States
Code.
(c) License Requirement.--Beginning 1 year after the date on which
the Federal Maritime Commission establishes the licensing procedure, or
after such date as the Federal Maritime Commission may establish, it
shall be unlawful for any person to act as a vessel agent in the United
States without a valid license issued by the Federal Maritime
Commission and a valid transportation security card issued under
section 70105 of title 46, United States Code.
(d) Enforcement.--Violation of subsection (c) is punishable by
imprisonment for not more than 1 year and a fine under title 18, United
States Code.

SEC. 12. ESTABLISHMENT OF A SECURITY INDIVIDUAL.

Under regulations prescribed by the Secretary of Homeland Security,
each vessel documented under chapter 121 of title 46, United States
Code, and each foreign vessel entering a United States port, engaged in
the commercial transportation of goods or passengers shall--
(1) designate a United States person that is responsible
for responding to a transportation security incident involving
the vessel while in a United States port by notifying
appropriate emergency response entities and facilitating vessel
response activities; and
(2) provide notice to the Secretary of Homeland Security,
the Commandant of the Coast Guard, and the captain of the port
of the identity and contact information for such person.

SEC. 13. CERTIFICATION OF MARITIME SECURITY GUARDS.

(a) In General.--Chapter 701 of title 46, United States Code, is
amended by adding at the end thereof the following:
''Sec. 70122. Incident command system training
''The Secretary shall ensure that all maritime security guards meet
minimum training and performance standards in the Department of
Homeland Security's security awareness and response procedures and in
the handling of hazardous materials.''.
(b) Conforming Amendment.--The chapter analysis for chapter 701 of
title 46, United States Code, is amended by inserting after the item
relating to section 70121 the following:

''70122. Incident command system training.''.

SEC. 14. GRANTS TO TIER 1 AND TIER 2 PORTS REQUIRE REGIONAL STRATEGIC
RISK MANAGEMENT ASSESSMENT.

Section 70107(a) of title 46, United States Code, is amended by
adding at the end ''The Secretary shall establish regional strategic
risk management priorities for tier 1 and tier 2 ports and take such
priorities into account in awarding grants under this section.''.

SEC. 15. VESSEL SECURITY PLANS FOR SUPPLY AND SIMILAR VESSELS.

(a) In General.--Section 70103(c)(2)(A) of title 46, United States
Code, is amended by striking ''incident;'' and inserting ''incident
(including supply vessels, bunker and fuel deliver and launch vessels
conducting activities or providing services to other vessels at
anchorage;''.
(b) TWICs Required for Crew.--Section 70105(b)(2)(F) of title 46,
United States Code, is amended by inserting ''personnel working on
board vessels described in section 70103(c)(2)(A) of this title and''
after ''(F)''.
(c) Effective Date.--The amendments made by this section shall take
effect 1 year after the date of enactment of this Act.

A: Port Authority of New York/New Jersey Port Security Task Force Implementation Act of 2008 - Amends federal port security law to revise mandatory elements of the secure system of transportation program.

Directs the Secretary of the department in which the Coast Guard is operating, acting through the Commissioner of Customs and Border Protection, to establish minimum program standards and procedures for verifying, at the point goods are placed in a cargo container for shipping, that such container is free of unauthorized contents, including hazardous chemical, biological, radiological, or nuclear material, and is securely sealed after verification of its contents. Prohibits the entry of any container that has not complied with such standards and procedures.

Requires Area Maritime Transportation Security Plans to establish regional response and recovery protocols for transportation security incidents.

Amends the SAFE Port Act to require the Secretary of Homeland Security to ensure that the Port Security Exercise Program utilizes Area Maritime Transportation Security Plans in conducting port security exercises.

Requires the Secretary of the department in which the Coast Guard is operating to develop and utilize a national standard for prioritizing and assessing security risks at U.S. ports, such as the Maritime Assessment Strategy Tool.

Sets forth requirements regarding: (1) use of the U.S. Coast Guard's Maritime Security Risk Assessment Model tool to conduct vessel and port facility security risk assessments; (2) establishment of maritime and cargo security integrated project teams; (3) sharing of port facility vulnerability assessments and integration of port security plans and systems with local port authority and law enforcement agencies; (4) policy for advanced notice of Coast Guard boarding of vessels for security or Port State Control inspections; (5) confiscation of fraudulent transportation worker identification cards (TWICs); (6) Federal Maritime Commission training and licensing of steamship agents; (7) designation of a U.S. person to be responsible for notifying emergency response entities in the event of a transportation security incident involving a U.S. or foreign vessel; (8) minimum incident command system training and performance standards for maritime security guards; (9) consideration of regional strategic risk management priorities for tier 1 and tier 2 ports in grant awards; and (10) the submission of security plans for supply, bunker, and fuel deliver and launch vessels conducting activities or providing services to other vessels at anchorage.
****
Q: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Comprehensive Learning Assessment
for Students and Schools (CLASS) Act''.

SEC. 2. AMENDMENTS REGARDING ADEQUATE YEARLY PROGRESS AND ASSESSMENTS.

(a) Continuous Growth Models.--Clause (iii) of section
1111(b)(2)(C) of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311(b)(2)(C)) is amended by striking ''for all students'' and
inserting ''for all students, as demonstrated by measures of students'
progress toward proficiency, including longitudinal growth''.
(b) Averaging Procedure.--Subparagraph (J) of section 1111(b)(2) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311(b)(2)) is amended by adding at the end the following:
''(iv) The State may average data by other
means that are designed to increase the
stability of school-building results from year
to year.''.
(c) Adequate Yearly Progress by Group and Subject.--Section 1116(b)
of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6316(b)) is amended--
(1) in subparagraph (A) of paragraph (1), by inserting
''with respect to the performance of a particular group of
students described in section 1111(b)(2)(C)(v) in the same
academic subject,'' after ''that fails, for 2 consecutive
years,'';
(2) in paragraph (5), by inserting ''with respect to the
performance of a particular group of students described in
section 1111(b)(2)(C)(v) in the same academic subject,'' after
''that fails to make adequate yearly progress,'';
(3) in subparagraph (C) of paragraph (7), by inserting
''with respect to the performance of a particular group of
students described in section 1111(b)(2)(C)(v) in the same
academic subject,'' after ''that fails to make adequate yearly
progress,''; and
(4) in subparagraph (A) of paragraph (8), by inserting
''with respect to the performance of a particular group of
students described in section 1111(b)(2)(C)(v) in the same
academic subject,'' after ''continues to fail to make adequate
yearly progress,''.
(d) Multiple Measures.--Subparagraph (A) of section 1111(b)(2) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311(b)(2)) is amended--
(1) at the end of clause (ii), by striking ''and'';
(2) at the end of clause (iii), by striking the period and
inserting ''; and''; and
(3) at the end, by adding the following:
''(iv) include multiple measures of student
academic achievement, such as the proportion of
State report card indicators met, a performance
index score, student drop-out rate, and a
measure based on individual student achievement
gains over time, disaggregated by each of the
groups of students described in subparagraph
(C)(v).''.
(e) Cut Scores.--Clause (ii) of section 1111(b)(1)(D) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311(b)(1)(D)) is amended--
(1) in subclause (II), by striking ''and'' at the end;
(2) in subclause (III), by striking the period at the end
and inserting ''; and''; and
(3) by adding at the end the following:
''(IV) take into consideration the
continuum of achievement by children
within the advanced, proficient, and
basic levels of achievement described
in subclauses (II) and (III) and the
yearly progress by children within such
continuum.''.
(f) No First Score Requirement.--Clause (iv) of section
1111(b)(2)(C) of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311(b)(2)(C)) is amended--
(1) by striking ''(iv) measures'' and inserting ''(iv)(I)
measures'';
(2) by inserting ''and'' after ''in paragraph (3);''; and
(3) by adding at the end the following:
''(II) if a student takes an assessment
described in paragraph (3) for a particular
subject or grade level more than once, may use,
at the State's discretion, the student's
results from subsequent administrations of the
assessment;''.
(g) Limiting Transfer Options and Supplemental Services to Students
From Failing Groups.--Section 1116 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6316) is amended--
(1) in paragraphs (1)(E)(i), (5)(A), (7)(C)(i), and
(8)(A)(i) of subsection (b), by striking the term ''all
students enrolled in the school'' each place such term appears
and inserting ''all students enrolled in the school, who are
members of a group described in section 1111(b)(2)(C)(v) that
fails to make adequate yearly progress as defined in the
State's plan under section 1111(b)(2),'';
(2) in clause (vii) of subsection (c)(10)(C), by inserting
'', who are members of a group described in section
1111(b)(2)(C)(v) that fails to make adequate yearly progress as
defined in the State's plan under section 1111(b)(2),'' after
''Authorizing students''; and
(3) in subparagraph (A) of subsection (e)(12), by inserting
'', who is a member of a group described in section
1111(b)(2)(C)(v) that fails to make adequate yearly progress as
defined in the State's plan under section 1111(b)(2)'' after
''under section 1113(c)(1)''.
(h) Assessments.--Clause (ii) of section 1111(b)(3)(C) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311(b)(3)(C)) is amended to read as follows:
''(ii) be fully aligned with the State's
challenging academic content and student
academic achievement standards, be aligned with
curriculum and instruction to adequately assess
the effect of curriculum and instruction on
each such challenging academic content
standard, include individual test items (based
on technical criteria) that enable students to
achieve the items if the students received
appropriate instruction, and provide coherent
information about student attainment of the
State's challenging academic content and
student academic achievement standards;''.
(i) Assessing Students With Disabilities.--
(1) In general.--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.''.
(2) Rule of construction.--The amendment made by paragraph
(1) shall be construed as superseding the 2.0 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).
(j) Students With Limited English Proficiency.--Paragraph (2) of
section 1111(b) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6311(b)) is amended by adding at the end the following:
''(L) Students with limited english proficiency.--
Notwithstanding subparagraph (C)(v), a State may define
adequate yearly progress under subparagraph (C) in a
manner that measures the progress of students with
limited English proficiency--
''(i) by continuing to include in a group
of students described in subparagraph (C)(v)
students who attain proficiency in English; and
''(ii) by excluding the performance of
students with limited English proficiency who
have resided in the United States for less than
3 years and for whom native language
assessments in math and reading or language
arts are not available, so as to avoid any
distortion in measurement resulting from the
new arrivals of such students.''.
(k) Separate Starting Points.--Subparagraph (E) of section
1111(b)(2) (20 U.S.C. 6311(b)(2)) is amended by striking '', using data
for the 2001-2002 school year,'' and inserting '', for each group of
students described in subparagraph (C)(v),''.

A:
Comprehensive Learning Assessment for Students and Schools (CLASS) Act - Amends the Elementary and Secondary Education Act of 1965 to revise requirements affecting adequate yearly progress (AYP) assessments of students against state academic performance standards.

Allows AYP longitudinal growth calculations and the averaging of school data in a manner designed to stabilize school-building results from year to year.

Identifies a school as needing improvement, corrective action, or restructuring only on the basis of the unsatisfactory AYP of a particular group of students in the same academic subject for the requisite period of time.

Requires multiple measures of student academic achievement.

Requires academic achievement standards to calculate AYP within a continuum of achievement by children within advanced, proficient, and basic achievement levels.

Allows states to use the results of subsequent assessments of students who take more than one assessment for the same grade and subject.

Limits the provision of supplemental services and transfers to those students who fall within a group whose underperformance results in the school's failure to make AYP.

Requires state assessments to be aligned with curriculum and instruction so their effectiveness may be assessed.

Requires alternate standards and assessments for disabled children aligned with the child's individualized education program.

Allows states to measure the AYP of limited English proficient (LEP) children by including children that have attained English proficiency and excluding LEP children who have resided in the country for less than three years.

Allows states to set separate starting points for measuring the AYP of each student group.
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