Summary of Rep. Castle's Improving No Child Left Behind for All Students Act
Overview

On January 8, 2002, the No Child Left Behind (NCLB) Act of 2001, legislation to extend
and revise the Elementary and Secondary Education Act (ESEA), was signed into law.
This legislation extensively amended and reauthorized most federal elementary and
secondary education programs. This Congress, ESEA programs are up for
reauthorization.

Over the last six years, there has been clear proof that NCLB has been successful. In
addition to its success, one of the strongest aspects of the law is the fact that it has
enabled us to have a solid national dialog about our nation's students. Since its passage,
we in Congress have heard from our constituents and education stakeholders around the
country on ways in which NCLB can be made even stronger.

Some of the issues within NCLB that I and my colleagues received comments and
suggestions on included allowing for the use of growth models, preventing dropouts and
improving graduation rates, increasing school safety, improving measures of progress,
attracting and retaining teachers in hard-to-staff areas, and revisiting the provisions
regarding the testing of those with limited English proficiency and those with disabilities.

The Improving No Child Left Behind for All Students Act incorporates these important
suggestions into a comprehensive reform bill to ensure our nation continues to work
towards closing the achievement gap that currently exists between disadvantaged youth
and their more affluent peers. A detailed summary is included below.

Title I - Improving the Academic Achievement of the Disadvantaged

Subtitle A

College and Work-Ready Standards - This bill establishes college and work ready
standards and assessments by incentivizing states that have not already done so to review
their standards in light of national and international benchmarks and collaborate with the
business and higher education community in the state to develop standards aligned to the
skills and knowledge necessary for success in college and the workforce.

Growth Models - This legislation allows states to integrate the measurement of student
academic growth into the state's definition of adequate yearly progress (AYP). Rather
than mandating the use of a specific type of growth model, this bill allows for flexibility
and innovation as new models are developed. These provisions are aligned with the
Secretary's expansion of the growth model pilot program to all 50 states announced in the
fall.

English Language Learners (ELLs)

This bill allows states to exclude the assessment results of recently arrived ELLs those
who have been in the country for less than one year - when determining
AYP for three years after exiting the program; requires states to identify
accommodations used in assessing ELLs and students and for state plans to
demonstrate how the state will prepare teachers to use accommodations
appropriately; and allows states and school districts the flexibility to test ELL
students using alternate, valid and reliable assessments, such as native language
assessments for up to three years, with the option of providing a waiver to the
State Educational Agency for an additional three years on a case-by-case basis.

This legislation allows states to use the English language proficiency test for the
purpose of determining AYP in reading/ language arts for students with the lowest
levels of English proficiency for up to three years from enactment to ensure that
ELLs remain in the accountability system while giving states the time they need
to develop appropriate assessments and accommodations.

Students with Disabilities - This bill maintains provisions of current law consistent with
the Individuals with Disabilities Education Act (IDEA) but also:

Provides funding to states to develop appropriate assessments for students with
disabilities - giving states 2 years to come into compliance with this requirement
included in NCLB or face a loss of up to 25% of state administrative funds.

Allows special education students to remain in the special education subgroup for
accountability purposes for three years after exiting those programs.

Maintains the policy that allows the proficient scores of 10% of students with
disabilities (1% percent of all students) with the most severe cognitive disabilities
who take alternate assessments based on alternate standards to count as proficient
when determining AYP.

For three years, continues the regulation that allows the proficient scores of 20%
of students with disabilities (2% of all students) who take modified assessments
based on modified achievement standards to count as proficient when determining
AYP.

Allows districts with high numbers of students with disabilities to get a waiver to
waive the 2% percent cap up to 3% without such students counting against the
state's overall cap.

Ensures more students with disabilities have access to state assessments by
requiring that state assessments minimize the effect of construct irrelevant barriers
factors such as bias and disability and maximize the number of allowable
accommodations.

Peer Review - The bill creates a more transparent and continuous peer review process
consisting of experts and allows states to amend their accountability plans before the
Secretary can decline to approve any plan.

State Report Cards -The proposed bill maintains that each state assembles and makes
available to the public, a report card including information on student academic
achievement and state assessments. Additionally, under this bill, states must include on
their report cards, an explanation of the state's accountability system and information on
the proportion of teachers in core academic subjects who are highly qualified..

School District Report Cards -The proposed bill maintains that school districts must
prepare annual reports for parents and the public on the academic achievement of the
school district and for each individual school that the student attends. Additionally, the
school district must include the same information in their local report card as the state
report card, and in the case of an individual school, whether it has been identified for
school improvement and how its students performed on the state assessment in
comparison to the rest of the school district and state as a whole.

Comparing State Standards - This bill directs the National Academy of Sciences (NAS)
to study how best to compare standards across states and directs the Secretary to develop
a common scale using the results of the NAS study.

Local Educational Agency Plans - This bill requires school districts to develop plans to
carry out the law and help low-achieving children meet challenging academic
achievement standards. Additionally, under this bill, each local educational agency
would be required to identify and assist students at risk of dropping out, ensure accessible
curricula for ELLs and special education students, and provide access to current
instructional materials aligned with state standards.

School Improvement and Assistance - This legislation creates two separate and distinct
school improvement and assistance systems and two distinct redesign systems- one for
priority schools and another for high priority schools. These provisions are aligned with
the Secretary's differentiated consequences pilot program to allow states more flexibility
for categorizing schools in need of improvement and determining the interventions
needed for each category.

Longitudinal Data Systems - Since longitudinal data systems are necessary to
implement growth models, this bill requires each state to develop and implement a
longitudinal data system within 4 years of the passage of this bill. Data collected by these
systems include student academic achievement results, graduation rates, and other data
elements related to academic achievement.

Graduation Rates - This bill improves upon the current grad rate definition by creating a
national graduation rate to produce more reliable numbers, and uses the Average
Freshman Graduation Rate (AFGR) until all states are capable of putting the reliable and
accurate graduation rate in place. This provision stems from H.R. 2862, the "Reliable and

Accurate Graduation Rate Act," legislation introduced by Rep. Castle last year to
establish a uniform and reliable graduation rate.

Reading First - This bill makes improvements to the Reading First Program, using
language from the "Reading First Improvement Act" (H.R. 1939), which Reps. Castle and
McKeon co-authored.

Migrant Education - This bill modifies an already existing formula to authorize a
program for children of migrant workers to assist them in overcoming academic problems
associated with multiple relocations.

National Assessment of Title I - This legislation authorizes the Secretary of Education to
conduct an evaluation of Title I programs and activities and report the findings to
Congress.

Advanced Placement - This bill authorizes the Advanced Placement program, which
supports efforts by states and local school districts to increase access to advanced
placement tests, improve Advanced Placement programs, increase student academic
achievement, increase the number of individuals who achieve a baccalaureate or
advanced degree, and decrease the amount of time such individuals require to attain such
degrees. This section was rewritten to be consistent with the AP-IB language included in
the America COMPETES Act, which Congress passed last year. It also maintains current
law's requirement that some funds be spent to help students pay for exam fees.

Adaptive Assessments - The legislation includes language to allow states to use adaptive
testing for their statewide assessment to measure reading, math, and science. This
provision would not alter state standards or the requirement that states test students to
determine their level of proficiency at grade level. This language is similar to H.R. 3979,
legislation introduced by Reps. Petri and Wu to increase assessment accuracy and better
measure student achievement.

Subtitle B

Striving Readers -This legislation includes a new Striving Readers program, which will
provide peer-reviewed grants for literacy initiatives benefiting students in grades 4
through 12

Title II - Recruiting Teachers for Underserved Urban and Rural United States
Communities

Teach for America - This legislation includes language originally contained in H.R.
1971, The Teach for America Act, introduced by Rep. Van Hollen and Rep. Castle, and
cosponsored by 104 other representatives to create a new Teach for America program,
which raises the number of highly accomplished recent college graduates who want to
serve as new teachers in underserved urban and rural communities.

Troops to Teachers - This bill includes language from Rep. Petri's bill, H.R. 711, the
Troops to Teachers Improvement Act, which provides armed forces veterans with teacher
certification stipends in exchange for three years of service in a high-need local
educational agency or public charter school

Civic Education - This bill includes amendments to the Civic Education program to
include parental choice and innovative programs.

Title III - Homeless Education

McKinney-Vento - This legislation includes a number of changes to the McKinney-
Vento Homeless Education Act to ensure homeless children and youth have equal access
to an education.