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2005 SESSION

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057269732
SENATE BILL NO. 1136 Offered January 12, 2005 A BILL to direct the Board of Education to seek certain waivers from compliance with the federal No Child Left Behind Act. ---------- Patrons-- Hanger and Reynolds; Delegates: Cline, Landes and Wright ---------- Referred to Committee on Education and Health ----------

Be it enacted by the General Assembly of Virginia:

1.  § 1. That, pursuant to § 9401 of the federal No Child Left Behind Act (the Act), the Board of Education seek a waiver from compliance with those provisions of the Act that are duplicative of the Commonwealth's prior educational accountability system as set forth in the Standards of Quality, Standards of Learning, and Standards of Accreditation, or are lacking in cost effectiveness, including, but not necessarily limited to, those addressing (i) testing of students with disabilities or who have limited English proficiency; (ii) annual testing; (iii) exclusion of passing scores on expedited retakes of Standards of Learning assessments from calculations of adequate yearly progress; (iv) measurement of adequate yearly progress based on, among other things, individual grade levels rather than longitudinal data and individual subgroup failures; (v) the overinclusion of certain students in several subgroups; (vi) the employment of highly qualified instructional personnel in certain hard-to-staff rural or urban school settings or certain subject matter areas; and (vii) such other provisions with which the Commonwealth's educational accountability system, in the discretion of the Board, already complies with the spirit and intent of the federal act.