Subpart 4 – State Accountability for Adequate Yearly Progress

SEC. 6161. ACCOUNTABILITY FOR ADEQUATE YEARLY PROGRESS.

In the case of a State educational agency that has a plan approved under subpart 1 of part A of title I after the date of enactment of the No Child Left Behind Act of 2001, and has a plan approved under subpart 1 of part A of title III of such Act after such date of enactment, the Secretary shall annually, starting with the beginning of the first school year following the first two school years for which such plans were implemented, review whether the State has —

(1) made adequate yearly progress, as defined in section 1111(b)(2)(B), for each of the groups of students described in section 1111(b)(2)(C)(v); and

(2) met its annual measurable achievement objectives under section 3122(a).

SEC. 6162. PEER REVIEW.

The Secretary shall use a peer review process to review, based on data from the State assessments administered under section 1111(b)(3) and on data from the evaluations conducted under section 3121, whether the State has failed to make adequate yearly progress for 2 consecutive years or whether the State has met its annual measurable achievement objectives.

SEC. 6163. TECHNICAL ASSISTANCE.

(a) PROVISION OF ASSISTANCE-

(1) ADEQUATE YEARLY PROGRESS- Based on the review described in section 6161(1), the Secretary shall provide technical assistance to a State that has failed to make adequate yearly progress, as defined in section 1111(b)(2), for 2 consecutive years. The Secretary shall provide such assistance not later than the beginning of the first school year that begins after such determination is made.

(2) ANNUAL MEASURABLE ACHIEVEMENT OBJECTIVES- Based on the reviews described in section 6161(2), the Secretary may provide technical assistance to a State that has failed to meet its annual measurable achievement objectives under section 3122(a) for 2 consecutive years. The Secretary shall provide such assistance not later than the beginning of the first school year that begins after such determination is made.

(b) CHARACTERISTICS- The technical assistance described in subsection (a) shall —

(1) be valid, reliable and rigorous; and

(2) provide constructive feedback to help the State make adequate yearly progress, as defined in section 1111(b)(2), or meet the annual measurable achievement objectives under section 3122(a).

SEC. 6164. REPORT TO CONGRESS.

Beginning with the school year that begins in 2005, the Secretary shall submit an annual report to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate containing the following:

(1) A list of each State that has not made adequate yearly progress based on the review conducted under section 6161(1).

(2) A list of each State that has not met its annual measurable achievement objectives based on the review conducted under section 6161(2).

(3) The information reported by the State to the Secretary pursuant to section 1119(a).

(4) A description of any technical assistance provided pursuant to section 6163.

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