Definitions

In this Act: (1) Terms from the Elementary and Secondary Education Act of 1965 The terms early college high school, elementary school, English learner, gifted and talented, institution of higher education, parent, school leader, secondary school, and State educational agency have the meaning given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) Local educational agency The term local educational agency has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801), and includes a public charter school that is a local educational agency. (3) Open enrollment The term open enrollment means an enrollment mechanism through which any student that chooses to enroll in an advanced course or program is allowed to do so, without regard to previous academic performance or test scores. (4) Subgroup of students The term subgroup of students has the meaning given that term in section 1111(c)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(c)(2)). (5) Universal screening The term universal screening means an enrollment mechanism through which all students in a grade are screened for enrollment in advanced courses and programs. Students that are determined to be qualified for advanced courses or programs are automatically enrolled in those courses or programs, unless a parent chooses to opt out a student. The determination of which students are qualified for advanced courses or programs— (A) shall be made after consideration of not less than 2 objective assessments (except that a student may qualify based on only 1 such assessment)— (i) that are combined in a reasoned way that is not biased against any particular subgroup of students; (ii) that provide appropriate accommodations for students with disabilities; (iii) that may be administered not explicitly for the primary purpose of determining enrollment in an advanced course or program (such as through a statewide exam that all students in a grade will take), so long as students with disabilities have equal access to the assessment and are provided appropriate accommodations in accordance with the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794); and (iv) that may include— (I) a standardized assessment that provides appropriate accommodations for students with disabilities in accordance with the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794); (II) a statewide, districtwide, or schoolwide assessment; or (III) grades from relevant courses, a portfolio of relevant work, or class ranking; and (B) may be partially based upon a subjective measure (such as a teacher’s recommendation) in addition to the required 2 objective measures.