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HR 3613 IH

To amend the Elementary and Secondary Education Act of 1965 to make improvements relating to students with disabilities.

September 20, 2007

Mr. BILBRAY introduced the following bill; which was referred to the Committee on Education and Labor

To amend the Elementary and Secondary Education Act of 1965 to make improvements relating to students with disabilities.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. STUDENTS WITH DISABILITIES.

Section 1111(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)) is amended--

(1) in paragraph (2)--

(A) in subparagraph (C)--

(i) in clause (vi), by striking `and' at the end;

(ii) in clause (vii), by striking the period at the end and inserting `; and'; and

(iii) by adding at the end the following:

`(viii) ensures that both the participation and performance of students with disabilities utilizing the reasonable accommodations for children with disabilities (as defined in section 602(3) of the Individuals with Disabilities Education Act (20 U.S.C. 1401(3))), or the modifications for children with disabilities they regularly use in daily classroom instruction as documented in their individualized education program or their plan under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), are counted for the purposes of determining adequate yearly progress.'; and

(B) in subparagraph (D)--

(i) by redesignating clauses (i) and (ii) as (ii) and (iii), respectively; and

(ii) by inserting before clause (ii) (as so redesignated) the following:

`(i) shall ensure that students with disabilities who take the academic assessments on which adequate yearly progress is based and who utilize the reasonable accommodations for children with disabilities (as defined in section 602(3) of the Individuals with Disabilities Education Act (20 U.S.C. 1401(3))), or the modifications for children with disabilities they regularly use in daily classroom instruction as documented in their individualized education program or their plan under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), are counted for the purposes of determining adequate yearly progress for a school;'; and

(2) in paragraph (3)(C)--

(A) in clause (xiv) by striking `and' at the end;

(B) in clause (xv) by striking the period at the end and inserting `; and'; and

(C) by adding at the end the following:

`(xvi) ensure that both the participation and performance of students with disabilities utilizing the reasonable accommodations for children with disabilities (as defined in section 602(3) of the Individuals with Disabilities Education Act (20 U.S.C. 1401(3))), or the modifications for children with disabilities they regularly use in daily classroom instruction as documented in their individualized education program or their plan under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), are counted for the purposes of determining adequate yearly progress.'.