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Current Congressional Legislation to Improve the Elementary and Secondary Education Act as Revised by the No Child Left Behind ActCurrent as of 07/17/2006 U.S. SENATE S. 15, the Quality Education for All Act by Sen. Bingaman (D-NM) would make changes to several education laws, including NCLB. The NCLB improvements are largely focused on overturning several rulings by former Secretary of Education Paige. It would ensure that supplemental education service (SES) providers are fully covered by civil rights laws, allow states to require SES providers to only use highly qualified teachers, establish a grant program to help schools increase capacity to meet the school choice provisions of NCLB, clarify the highly qualified teacher rules for middle school teachers, require all states to implement the HOUSSE provision for highly qualified, create grants to states to develop more reliable and appropriate assessments for students with disabilities and Limited-English Proficient students, and create a grant program to improve data collection and to train teachers in using data to improve student achievement. It would also allow schools and school districts that failed to make Adequate Yearly Progress (AYP) for the 2002-03 school year to request a review of their AYP status. Such reviews would grant them the opportunity to be evaluated in accordance with the three AYP rules changes that were issued by former Secretary Paige subsequent to the 2002-03 AYP determinations, to ensure that their AYP status is accurate. Sec. Paige has stated that the AYP rules changes are not retroactive. [Note: this bill is identical to HR 1681 by Rep. Butterfield in the House.] S. 696, the Rural Schools Geography Act by Sen. Burns (R-MT) would amend the school choice provision of NCLB to say that a school district that has schools that are in need of improvement for having failed AYP is not required to provide a student the option to transfer to another school "if providing the option is impractical due to the distance to be traveled, a geographical barrier or hazard, the duration of the travel, or an unusually high cost of travel". S. 724, the No Child Left Behind Reform Act (NCLBR) by Sen. Dodd (D-CT) would give states flexibility to use additional academic indicators in addition to test scores to measure AYP and allow using test scores in growth models to measure student achievement. It also would target school choice and supplemental educational services to students in specific subgroups that fall short of AYP targets. It also provides additional flexibility, particularly for middle school teachers, in meeting the highly qualified teacher requirements, by allowing broad-based social studies and science certifications. Finally it creates a new grant program for states and school districts to improve data systems needed to measure AYP. [Note: this bill is identical to HR 1505 by Rep. DeLauro in the House.] S. 848, the Educational Reform Act of 2005 by Sen. Bingaman (D-NM) would make changes to several education laws, including NCLB. The NCLB improvements are largely focused on overturning several rulings by former Secretary of Education Paige. It would ensure that supplemental education service (SES) providers are fully covered by civil rights laws, allow states to require SES providers to only use highly qualified teachers, allow school districts deemed "in need of improvement" to continue to be SES providers, establish a grant program to help schools increase capacity to meet the school choice provisions of NCLB, clarify the highly qualified teacher rules for middle school teachers, require all states to implement the HOUSSE provision for highly qualified. It would also allow schools and school districts that failed to make Adequate Yearly Progress (AYP) for the 2002-03 school year to request a review of their AYP status. Such reviews would grant them the opportunity to be evaluated in accordance with the three AYP rules changes that were issued by Sec. Paige subsequent to the 2002-03 AYP determinations, to ensure that their AYP status is accurate. Sec. Paige has stated that the AYP rules changes are not retroactive. The NCLB provisions of this bill are also included in S.15. S. 921, the Pathways for All Students to Succeed (PASS) Act by Sen. Murray (D-WA) would authorize $1 billion per year for literacy skills grants and $1 billion per year for mathematics skills grants for middle and high schools in LEAs that are eligible for Title I funds. Grants shall be use to hire literacy and math coaches such schools. It also creates a $2 billion grant program to provide funds for secondary schools to hire academic counselors. In addition, it creates a $500 million grant program for secondary school identified as "in need of improvement" under NCLB to increase student achievement. Finally, it authorizes $50 million for a grant program to State Education Agencies to improve data systems for assessment and accountability, including collection of graduation rates. S. 1055, the No Child Left Behind Improvement Act of 2005 by Sen. Kennedy (D-MA) would make several changes to NCLB, largely focused on overturning several rulings by former Secretary of Education Paige. It would ensure that supplemental education service (SES) providers are fully covered by civil rights laws, allow states to require SES providers to only use highly qualified teachers, allow school districts deemed "in need of improvement" to continue to be SES providers, establish a grant program to help schools increase capacity to meet the school choice provisions of NCLB, clarify the highly qualified teacher rules for middle school teachers, require all states to implement the HOUSSE provision for highly qualified, create grants to states to develop more reliable and appropriate assessments for students with disabilities and limited-English proficient students, create a grant program to improve data collection and to train teachers in using data to improve student achievement, and allow schools and school districts that failed to make Adequate Yearly Progress (AYP) for the 2002-03 school year to request a review of their AYP status in accordance with the three AYP rules changes. The provisions of this bill are also included in S. 15. S. 1218, the Teacher Excellence for All Children Act of 2005 by Sen. Kennedy (D-MA) would amend both NCLB and the Higher Education Act to ensure that all children will be taught by high-quality teachers and all teachers will have the supports they need to do their job well. It would provide an additional $3.4 billion to provide financial incentives to encourage teachers to enter and remain in the profession, promote the establishment of teacher career advancement ladders, provide funding for school districts to pay higher salaries to exemplary highly-qualified teachers and principals who transfer into the hardest-to-staff schools, and help new teachers transition into the classroom and build their skills through state-of-the-art induction programs. [Note: this bill is identical to HR 2835 by Rep. Miller in the House] S. 1690, the No Child Left Behind Flexibility and Improvements Act by Sen. Collins (R-ME) would amend the Adequate Yearly Progress (AYP) provisions of NCLB to allow the Secretary to extend the timeline to reach 100 percent proficiency, allow students with disabilities to be assessed for AYP based on their IEP, allow States to utilize growth models to measure AYP (including progress on closing the achievement gap), allow the use of local assessments in addition to or instead of statewide assessments, limit designating schools as "in need of improvement" only when the same subgroup of students fails to make AYP in the same subject for two or more consecutive years, create additional flexibility for certain teachers to meet the highly qualified rules, and modify the Reading First program. U.S. HOUSE HR 49, the Eating Disorders Awareness, Prevention, and Education Act of 2005 by Rep. Biggert (R-IL) would amend Title V of the Elementary and Secondary Education Act by making as an allowable use of funds programs to improve the identification of students with eating disorders, increase awareness of such disorders among parents and students, and train educators on effective eating disorder prevention and assistance methods, as well as mandate a study on the impact eating disorders have on educational advancement and achievement. HR 224, the Comprehensive Learning Assessment for Students and Schools (CLASS) Act by Rep. Strickland (D-OH) would make numerous improvements to the assessment and Adequate Yearly Progress provisions of NCLB by requiring accountability provisions to include multiple measures of student achievement; giving credit to schools for improving student achievement on all parts of the achievement scale, including growth over time; utilizing more accurate and equitable methods to assess academic achievement of students with disabilities and English Language Learners; and targeting school choice and supplemental services to students in the specific subgroups that fail to make AYP. HR 283, the Bullying and Gang Prevention for School Safety and Crime Reduction Act of 2005 by Rep. Linda Sanchez (D-CA) would allow the use of federal Safe and Drug Free Schools funds for bullying and gang prevention programs. HR 284 by Rep. Shimkus (R-IL) would require states, districts and schools to have policies and implement programs (including training of teachers, administrators, and counselors) to prevent and respond effectively to bullying and harassment as a condition of receiving federal funds under the Safe and Drug-Free Schools program. HR 363, the Keep Our Promise to America's Children and Teachers Act (Keep our PACT Act) by Rep. Van Hollen (D-MD) would guarantee full funding for both NCLB and the Individuals with Disabilities Education Act (IDEA). HR 547, the Graduation for All Act by Rep. Hinojosa (D-TX) would amend the graduation provisions of AYP to require that such information count separately for each designated subgroup of students, that such information be reported on the required school report cards, as well as revise the definition of graduation rates. In addition, it creates a new $1 billion grant program to improve adolescent literacy in middle and high schools. HR 551, the Student Privacy Protection Act of 2005 by Rep. Honda (D-CA) would amend the provision of NCLB that requires school districts to provide student directory information to military recruiters unless the parent or the student affirmatively opts out of the release of such information, to only allow the release of such information if the parent provides written consent for such release. HR 559 by Rep. Lee (D-CA) would amend ESEA by creating a new $100 million a year grant program to be used by states and school districts to hire additional school-based mental health providers, including additional school counselors, school psychologists, and school social workers. HR 1177, the State and Local Education Flexibility Act of 2005 by Rep. Terry (R-NE) would make numerous changes to NCLB including: allowing states the flexibility to implement a localized testing system instead of statewide tests (as Nebraska now does), allowing states to test students with cognitive disabilities based on their Individualized Education Plans under IDEA, providing flexibility in testing of Limited-English Proficient students, and providing flexibility to special education teachers and rural school teachers who teach multiple subjects to meet the highly qualified requirements of NCLB. HR 1506, the No Child Left Behind Reform Act (NCLBR) by Rep. DeLauro (D-CT) would give states flexibility to use additional academic indicators in addition to test scores to measure AYP, and allow using test scores in growth models to measure student achievement. It also would target school choice and supplemental educational services to students in specific subgroups that fall short of AYP targets. It also provides additional flexibility, particularly for middle school teachers, in meeting the highly qualified teacher requirements, by allowing broad-based social studies and science certifications. Finally it creates a new grant program for states and school districts to improve data systems needed to measure AYP. [Note: this bill is identical to S. 724 sponsored by Sen. Dodd.] HR 1681, the Quality Education for All Act by Rep. Butterfield (D-NC) would make changes to several education laws, including NCLB. The NCLB improvements are largely focused on overturning several rulings by former Secretary of Education Paige. It would ensure that supplemental education service (SES) providers are fully covered by civil rights laws, allow states to require SES providers to only use highly qualified teachers, establish a grant program to help schools increase capacity to meet the school choice provisions of NCLB, clarify the highly qualified teacher rules for middle school teachers, require all states to implement the HOUSSE provision for highly qualified, create grants to states to develop more reliable and appropriate assessments for students with disabilities and Limited-English Proficient students, and create a grant program to improve data collection and to train teachers in using data to improve student achievement. It would also allow schools and school districts that failed to make Adequate Yearly Progress (AYP) for the 2002-03 school year to request a review of their AYP status. Such reviews would grant them the opportunity to be evaluated in accordance with the three AYP rules changes that were issued by former Secretary Paige subsequent to the 2002-03 AYP determinations, to ensure that their AYP status is accurate. Sec. Paige has stated that the AYP rules changes are not retroactive. [Note: this bill is identical to S. 15 by Sen. Bingaman in the Senate.] HR 1722 by Rep. Bradley (R-NH) would amend AYP provisions for assessing students with disabilities and recent refugee students, as well as lower the threshold to make "Safe Harbor". HR 1853 by Rep. Ramstad (R-MN) would authorize additional funding for Title I to ensure that no state receives less than it received in Fiscal Year (FY) 2003 for both FY 05 and FY 06. HR 2569, the No Child Left Behind Improvement Act of 2005 by Rep. Andrews (D-NJ) would make several changes to AYP including aligning assessments for students with disabilities with their IEP plans, focusing assessments for limited-English proficient students on measuring their progress in acquiring English language proficiency, and allowing states to utilize growth models of longitudinal changes in student test scores. It also modifies the highly qualified teacher rules for middle school teachers who teach multiple subjects, special education teachers, and correction education teachers. HR 2694, the Keeping Our Promises to America's Children Act of 2005 by Rep. Moore (D-KS) would allow States or school districts to suspend, modify or defer any of the sanctions for failing to meet AYP in any year in which Title I is not funded at its authorized level. HR 2835, the Teacher Excellence for All Children Act of 2005 by Rep. Miller (D-CA) would amend both NCLB and the Higher Education Act to ensure that all children will be taught by high-quality teachers and all teachers will have the supports they need to do their job well. It would provide an additional $3.4 billion to provide financial incentives to encourage teachers to enter and remain in the profession, promote the establishment of teacher career advancement ladders, provide funding for school districts to pay higher salaries to exemplary highly-qualified teachers and principals who transfer into the hardest-to-staff schools, and help new teachers transition into the classroom and build their skills through state-of-the-art induction programs. [Note: this bill is identical to S. 1218 by Sen. Kennedy in the Senate.] HR 3036, the No Qualified Teacher Left Behind Act of 2005 by Rep. Matheson (D-UT) would provide additional flexibility and resources for schools and teachers in meeting the "highly qualified" rules under NCLB. It would allow an academic minor, as well as a major, to meet the requirement of demonstrating subject matter competency; extend by four years (until the end of the 2009-10 school year) the time teachers in rural schools have to meet the "highly qualified" rules; require that the High Objective Uniform State Standard of Evaluation (HOUSSE) take into account professional development; require all entities receiving ESEA funds to comply with the "highly qualified" teacher rules; and provide an additional $50 million for rural schools for teacher recruitment, retention, and professional development activities. HR 3689, the High-Quality Education Act of 2005 by Rep. Meek (D-FL) would create a new program for class size reduction. Funds could be spent on both hiring new teachers and constructing new classroom space. HR 4085, the Flexibility in Assessments for Individuals Reform (FAIR) Act of 2005 by Rep. Hooley (D-OR), would allow states to utilize a longitudinal growth model in addition to or instead of the current AYP status model, allow parents to opt their child out of taking the assessments required under NCLB for certain reasons, include "exited" LEP students ion the LEP subgroup for AYP purposes for three years after they become proficient in English, and extend from three to five years the period in which LEP students may be tested in their native language. HR 4216, the No Child Left Behind Improvement and Flexibility Act of 2005 by Rep. Wu (D-OR) would include longitudinal growth as part of AYP, limit designating schools or LEAs as "in need of improvement" only when the same subgroup of students fails in the same subject for two consecutive years, require that AYP include multiple measures of student achievement, allow states to exempt first-year LEP students from taking the math test, allow states to use out-of level testing for students with disabilities, provide additional flexibility for certain teachers in meeting the "highly qualified" requirements, and allow rural schools to reverse the order of choice and supplemental services. HR 4470, the Educators in Military Service Act of 2005 by Rep. Woolsey (D-CA) would extend the deadline for both teachers and paraprofessionals to meet the NCLB "highly qualified" requirements in order to account for the educator's applicable period of military service. HR 4578, the Student Achievement and Successful Schools Act of 2005 by Rep. McCollum (D-MN) would allow states (subject to approval by the Secretary of Education) to utilize alternative definitions of Adequate Yearly Progress (AYP) including longitudinal measures, extend the current deadline for reaching 100% proficiency by four years until the end of the 2017-18 school year; allow states to proportionately count scores of students who are in more than one subgroup so that such students' scores are not counted as more than one whole score, allow school districts in school improvement to be supplemental education service (SES) providers, require SES providers to only use highly qualified teachers, provide funds for paraprofessional training, allow states and school districts to defer some sanctions for failure to meet AYP until both Title I and IDEA are funded at their authorized levels, and direct GAO to do a study of the costs of NCLB.
HR 5717, the Education Assessment Technical Corrections Act by Rep. Kirk (R-IL), would extend the deadline for teachers in hard-to-staff areas to meet the “highly qualified” requirements until the end of the 2007-08 school year, expand the use of the “safe harbor” provision for making Adequate Yearly Progress, and allow students with disabilities to be assessed at their instructional level in accordance with their IEPs.
Prepared with assistance from Joel Packer, National Education Association |
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