Sec. 2101. Supporting teacher and principal excellence
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/bill/113/s/1094/rs/section-2101A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Act (20 U.S.C. 6301 et seq.) is amended— in title II, by striking the title heading and inserting ; Supporting Teacher and Principal Excellence by redesignating subpart 3 of part D of title II as part I of title IV, and transferring such part I so as to follow part H of title IV, as added by section 4108 of this Act; in part I of title IV, as redesignated by paragraph (2), by striking the part heading and inserting the following: ; Ready-to-Learn by redesignating section 2431 as section 4901; in section 4901, as redesignated by paragraph (4)— by striking the section heading and inserting the following: ;
Ready-to-Learn in subsection (a)— in paragraph (1)(E)(ii)— by striking Even Start providers, ; and by striking family literacy services and inserting family literacy activities ; in paragraph (2)— by striking Even Start providers, ; and by striking family literacy services and inserting family literacy activities ; in paragraph (4)(B), by striking Even Start, and ; in subsection (c)(2), by striking relevant committees of Congress and inserting authorizing committees ; and by striking subsection
(e)and inserting the following: Not less than 60 percent of the amount appropriated to carry out this section for each fiscal year shall be used to carry out activities under subparagraphs
(B)through
(D)of subsection (a)(1). ; by redesignating subpart 5 of part C of title II as subpart 3 of part E of title IX, and transferring such subpart 3 so as to follow subpart 2 of part E of title IX; by redesignating sections 2361, 2362, 2363, 2364, 2365, 2366, 2367, and 2368, as sections 9541, 9542, 9543, 9544, 9545, 9546, 9547, and 9548, respectively; and in section 9546(b), as redesignated by paragraph (7), by striking the matter following paragraph
(2)and inserting the following: A State law that makes a limitation of liability inapplicable if the civil action was brought by an officer of a State or local government pursuant to State or local law. . Title II (20 U.S.C. 6601 et seq.), as amended by subsection (a), is further amended by striking parts A, B, C, and D, and inserting the following: The purpose of this part is to provide grants to State educational agencies and subgrants to local educational agencies to enable such agencies to improve academic achievement for all students, including students with disabilities and English learners, by— providing professional development that is based on the result of a rigorous, transparent, and fair evaluation and is designed to improve instruction and student achievement; and increasing the number and improving the equitable distribution of teachers and principals in accordance with section 1111(b)(1)(R). In this part: The term induction program has the meaning given the term in section 200 of the Higher Education Act of 1965 (20 U.S.C. 1021). The term mentoring means supporting teachers or principals to increase the effectiveness and retention of such teachers or principals through a program that— includes clear criteria for the selection of mentors that takes into account the mentor’s— record of increasing student achievement; and ability to facilitate professional development activities; provides high-quality training for mentors in how to support teachers or principals; provides regularly scheduled time for collaboration, examination of student work and achievement data, and observation of teaching, and identifies and addresses areas for improvement; and matches mentees with mentors in the same field, grade, grade span, or subject area. The term State means each of the several States of the United States, the Commonwealth of Puerto Rico, and the District of Columbia. The Secretary shall make grants to States with applications approved under section 2112 to enable the States to carry out the activities specified in section 2113. Each grant shall consist of the allotment determined for a State under subsection (b). From the total amount appropriated to carry out this subpart for a fiscal year, the Secretary shall reserve— one-half of 1 percent for allotments for the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, to be distributed among those outlying areas on the basis of their relative need, as determined by the Secretary, in accordance with the purpose of this part; and one-half of 1 percent for the Secretary of the Interior for programs under this part in schools operated or funded by the Bureau of Indian Education. Subject to subparagraph (B), from the funds appropriated to carry out this subpart and not reserved under paragraph (1), the Secretary shall allot to each State the sum of— an amount that bears the same relationship to 35 percent of the remaining amount as the number of individuals ages 5 through 17 in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined; and an amount that bears the same relationship to 65 percent of the remaining amount as the number of individuals, ages 5 through 17 from families with incomes below the poverty line, in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined. No State receiving an allotment under subparagraph
(A)may receive less than one-half of 1 percent of the total amount allotted under such subparagraph. If any State does not receive an allotment under this subsection for any fiscal year, the Secretary shall reallot the amount of the allotment to the remaining States in accordance with this subsection. For a State to be eligible to receive a grant under this subpart, the State educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. Each application submitted under this section shall include— a description of how the State educational agency will— ensure that each local educational agency receiving a subgrant under subpart 2 will comply with the requirements of such subgrant, including implementing a professional growth and improvement system; provide technical assistance to support such implementation; and ensure that the State educational agency regularly assesses implementation and results across local educational agencies’ professional growth and improvement systems to ensure comparability across the State in implementation of such systems in differentiating teacher and principal performance levels; a description of how the State will use funds reserved under section 2113(a); a description of how the activities to be carried out by the State educational agency under this subpart will be evidence-based and an explanation of why the activities are expected to improve student achievement; a description of how activities under this subpart are aligned with State academic content and student academic achievement standards and State assessments, which include, as appropriate, State early learning standards for children younger than kindergarten; a description of how the State educational agency, working with local educational agencies, will provide data on each teacher’s student achievement and growth for the State assessments required under section 1111(a)(2) to teachers and local educational agencies, in a timely and useful manner; a description of how the State educational agency will hold local educational agencies accountable for meeting the requirements of section 1117; an assurance that the State educational agency will comply with section 9501 (regarding participation by private school children and teachers); a description of the activities funded under this subpart, including how such activities will be coordinated with the State agency responsible for early childhood education programs and the State Advisory Council on Early Childhood Education and Care established under section 642B of the Head Start Act, that are designed to improve and strengthen the knowledge and skills of teachers and principals responsible for educating children in preschool, where applicable, through grade 3; a description of how the State educational agency will provide for the equitable distribution of teachers in accordance with section 1111(b)(1)(K); and an assurance that the State educational agency is encouraging collaboration between higher education-based educator preparation programs, the State, and local educational agencies to promote the readiness of new educators entering the profession through clinical experience and interaction, as well as other activities. An application submitted by a State educational agency pursuant to subsection
(a)shall be deemed to be approved by the Secretary unless the Secretary makes a written determination, prior to the expiration of the 120-day period beginning on the date on which the Secretary received the application, that the application is not in compliance with this subpart. The Secretary shall not finally disapprove the application, except after giving the State educational agency notice and an opportunity for a hearing. If the Secretary finds that the application is not in compliance, in whole or in part, with this subpart, the Secretary shall— give the State educational agency notice and an opportunity for a hearing; and notify the State educational agency of the finding of noncompliance and, in such notification, shall— cite the specific provisions in the application that are not in compliance; and request additional information, only as to the noncompliant provisions, needed to make the application compliant. If the State educational agency responds to the Secretary’s notification described in subsection (e)(2) during the 45-day period beginning on the date on which the agency received the notification, and resubmits the application with the requested information described in subsection (e)(2)(B), the Secretary shall approve or disapprove such application prior to the later of— the expiration of the 45-day period beginning on the date on which the application is resubmitted; or the expiration of the 120-day period described in subsection (c). If the State educational agency does not respond to the Secretary’s notification described in subsection (e)(2) during the 45-day period beginning on the date on which the agency received the notification, such application shall be deemed to be disapproved. A State that receives a grant under section 2111— shall reserve 95 percent of the funds made available through the grant to make subgrants to local educational agencies as described in subpart 2; shall use not less than 2 percent but not more than 5 percent of funds made available through the grant to support local educational agencies in— improving the performance and equitable distribution of principals and, at the State’s discretion, other school leaders, including through— activities designed to recruit, prepare, place, assist, support, and retain highly rated principals for high-need schools and low-performing schools, including through compensation or incentives; and providing training and support to principals and school leadership teams in high-need schools and low-performing schools on improving instruction and closing achievement gaps; and providing technical assistance to local educational agencies to support the design and implementation of professional growth and improvement systems, including— developing and disseminating research-based models and designing high-quality evaluation tools, such as classroom observation rubrics; developing and providing training for principals and other evaluators on how to evaluate teachers in order to differentiate teacher performance accurately, provide useful feedback, and use evaluation results to inform decisionmaking about professional development, improvement strategies, and personnel decisions; developing methods, including training and auditing, for ensuring inter-rater reliability of evaluation results; providing information on the appropriate collection, reporting, analysis, and use of evaluation data; and developing a system for auditing the quality of professional growth and improvement systems, including the correlation with student achievement and continuous improvement, and improving such systems based on data and feedback; and shall use funds remaining after making the reservations under paragraphs
(1)and
(2)to— plan and administer State activities under this part, including awarding, monitoring, and enforcing the requirements of subgrants awarded under subpart 2; assist local educational agencies in recruiting, preparing, placing, developing, and retaining highly rated teachers for high-need schools and low-performing schools; provide technical assistance, as necessary, to local educational agencies that receive subgrants under subpart 2, to improve performance on the measures described in section 2141(b), as applicable; develop and disseminate the State Report described in subpart 4, and use the information in the State Report to guide efforts under this part; and provide technical assistance and support to local educational agencies in the development and implementation of programs and policies that support young children’s transition from early childhood education programs into elementary schools, improve school readiness, and improve the academic achievement of young children. A State that receives a grant under section 2111 may, from the funds available for the uses described in subsection (a)(2), use an amount equal to not more than 1 percent of the funds made available through the grant to establish, expand, or implement 1 or more teacher or principal preparation academies and to provide for a State authorizer, if— the State does not have in place legal, statutory, or regulatory barriers to the creation or operation of teacher or principal preparation academies; the State enables candidates attending a teacher or principal preparation academy to be eligible for State financial aid to the same extent as participants in other State-approved teacher or principal preparation programs, including alternative certification, licensure, or credential programs; the State enables teachers or principals who are teaching or working while on alternative certificates, licenses, or credentials to teach or work in the State while enrolled in a teacher or principal preparation academy; and the State will recognize a certificate of completion (from any teacher or principal preparation academy that is not, or is unaffiliated with, an institution of higher education), as at least the equivalent of a master’s degree in education for the purposes of hiring, retention, compensation, and promotion in the State. In this subsection: The term teacher or principal preparation academy means a public or other nonprofit institution that will prepare teachers or principals, or both, to serve in high-need schools and that— enters into an agreement with a State authorizer that specifies the goals expected of the institution, including— a requirement that— teacher or principal candidates, or teachers teaching or principals serving on alternative certificates, licenses, or credentials, who are enrolled in the academy receive a significant part of their training through clinical preparation that partners candidates with mentor teachers or principals with a demonstrated track record of success in improving student growth, including (where applicable) children with disabilities, children living in poverty, and English learners; and the academy will provide instruction to teacher candidates that links to the clinical preparation experience; the number of teachers or principals the academy will produce and the minimum number and percentage of teachers or principals who will demonstrate success in improving student performance based on multiple measures (including student growth); a requirement that the teacher preparation component of the academy will only award a certificate of completion (or degree, if the academy is, or is affiliated with, an institution of higher education) after the graduate demonstrates a track record of success in improving student performance based on multiple measures (including student growth), either as a student teacher or teacher-of-record on an alternative certificate, license, or credential; a requirement that the principal preparation component of the academy will only award a certificate of completion (or degree, if the academy is, or is affiliated with, an institution of higher education) after the graduate demonstrates a track record of success in improving student performance for some or all of a school’s students; and timelines for producing cohorts of graduates and conferring certificates of completion (or degrees, if the academy is, or is affiliated with, an institution of higher education) from the academy; shall not have unnecessary restrictions placed on the methods the academy will use to train teacher or principal candidates (or teachers or principals that are teaching or working while on alternative certificates, licenses, or credentials), including restrictions or requirements— obligating the faculty of the academy to hold advanced degrees, or prohibiting the faculty of the academy from holding advanced degrees; obligating such faculty to conduct academic research; related to the physical infrastructure of the academy; related to the number of course credits required as part of the program of study; related to the undergraduate coursework completed by teachers teaching on alternative certificates, licenses, or credentials, as long as such teachers have successfully passed all relevant State-approved content area examinations; or related to obtaining additional accreditation from a national accrediting body; and limits admission to its program to candidates who demonstrate strong potential to improve student achievement, based on a rigorous selection process that reviews a candidate’s prior academic achievement or record of professional accomplishment. The term State authorizer means an entity designated by the Governor of a State to recognize teacher or principal preparation academies within the State that— enters into an agreement with a teacher or principal preparation academy that specifies the goals expected of the academy, as described in subparagraph (A)(i); may be a nonprofit organization, State educational agency, or other public entity, or consortium of such entities (including a consortium of States); and does not reauthorize a teacher or principal preparation academy if the academy fails to produce the minimum number or percentage of effective teachers or principals, respectively, identified in the academy’s authorizing agreement. Funds received under this subpart shall be used to supplement, and not supplant, non-Federal funds that would otherwise be used for activities authorized under this subpart. The Secretary may make a grant to a State under subpart 1 only if the State educational agency agrees to distribute the funds described in this section as subgrants to local educational agencies under this subpart. From the total amount reserved by a State under section 2113(a)(1) for a fiscal year, the State educational agency shall allocate to each of the eligible local educational agencies in the State for such fiscal year the sum of— an amount that bears the same relationship to 20 percent of the total amount reserved as the number of individuals age 5 through 17 in the geographic area served by the agency, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in the geographic areas served by all the local educational agencies in the State, as so determined; and an amount that bears the same relationship to 80 percent of the total amount reserved as the number of individuals age 5 through 17 from families with incomes below the poverty line in the geographic area served by the agency, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in the geographic areas served by all the local educational agencies in the State, as so determined. Notwithstanding paragraph (1), the State educational agency shall allocate to each of the eligible local educational agencies in the State an amount that is not less than 90 percent of the allocation the eligible local educational agency received for the previous fiscal year under this part. If insufficient funds are appropriated to allocate the amounts that all eligible local educational agencies in the State are eligible to receive under subparagraph
(A)for a fiscal year, the Secretary shall ratably reduce those amounts for the fiscal year. To be eligible to receive a subgrant under this subpart, a local educational agency shall— submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may reasonably require; and conduct, with the involvement of school staff and other stakeholders, as applicable, an assessment of the human capital needs of the local educational agency, including in the areas set forth under section 2141(b), as applicable. Each application submitted under this section shall include the following: A description of the results of the needs assessment conducted under subsection (a)(2) and how the local educational agency will align uses of funds with such assessment. A description of the performance measures and activities the local educational agency will use to address the needs identified in such assessment. An assurance that the local educational agency will create, or improve, and implement a professional growth and improvement system as by a date identified by the local educational agency and approved by the State educational agency that shall not be later than the 2015–2016 school year. A description of the professional development activities that will be made available to teachers and principals under this subpart and how the local educational agency will ensure that the professional development needs of teachers and principals, as identified by the professional growth and improvement system, will be met using funds under this subpart. An assurance that the local educational agency is encouraging collaboration with higher education-based educator preparation programs to promote the readiness of new educators entering the profession through clinical experience and interaction, as well as other activities. A description of how the local educational agency will integrate funds under this subpart with funds received under part D that are used for professional development to train teachers to integrate technology into curricula and instruction to improve teaching, learning, and technology literacy. A description of how the activities to be carried out by the State educational agency under this subpart will be evidence-based and an explanation of why the activities are expected to improve student achievement. A local educational agency that receives a subgrant under section 2121 shall use subgrant funds to address the achievement of students in schools designated as focus schools under section 1116(c) and priority schools under section 1116(d) and schools not meeting their performance targets, as described in section 1116(b). A local educational agency that receives a subgrant under section 2121 shall use subgrant funds to develop and carry out professional development, which may include joint professional development for teachers, principals, and other relevant school staff with early childhood education program staff. Not less than 20 percent of subgrant funds— shall be used to provide professional development for teachers serving students in schools identified as priority schools under section 1116(d) and not receiving school improvement funds as described in section 1116(f); and if a local educational agency has excess funds after meeting the needs of teachers serving students in priority schools, as required under subparagraph (A), may be used to provide professional development for teachers serving students in schools identified as focus schools under section 1116(c). A local educational agency that receives a subgrant under section 2121 may use subgrant funds to implement strategies that lead to increased student achievement for all students, including English learners and students with disabilities, by carrying out 1 or more of the following activities: Developing, implementing and improving an induction program or a mentoring program. Improving within-district equity in the distribution of teachers consistent with the requirements of section 1111(b)(1)(R). Developing and implementing a professional growth and improvement system. Carrying out in-service training for school personnel in— the techniques and supports needed for early identification of children with trauma histories, and children with, or at risk of, mental illness; the use of referral mechanisms that effectively link such children to appropriate treatment and intervention services in the school and in the community, where appropriate; and forming partnerships between school-based mental health programs and public or private mental health organizations. Increasing teacher capacity to evaluate student work and use student achievement data and creating career ladders to provide opportunities for highly rated teachers or paraprofessionals to advance or take on additional roles and responsibilities. Recruiting, preparing, placing, supporting, developing, rewarding, and retaining highly rated teachers and principals in high-need schools and low-performing schools. Reducing class size for prekindergarten through grade 3, by an amount and to a level consistent with what scientifically valid research has found to improve student achievement. Funds received under this subpart shall be used to supplement, and not supplant, non-Federal funds that would otherwise be used for activities authorized under this subpart. From the funds made available to carry out this part for a fiscal year, the Secretary is authorized to set aside not more than 1 percent to carry out the following activities related to the purpose of this part: Research and development. Technical assistance. Outreach and dissemination activities directly or through grants, contracts, or cooperative agreements. Activities relating to gifted and talented students, as described in section 2132. The Secretary shall— acting through the Director of the Institute of Education Sciences, continue research and development activities related to the education of gifted and talented students, particularly research and development activities related to such students who reside in rural communities or have been underrepresented as gifted and talented; support a National Research Center on the Gifted and Talented that conducts research and serves as a national clearinghouse for evidence-based best practices to improve the identification and instruction of gifted and talented students; and administer demonstration grants, in consultation with the Director of the Institute of Education Sciences, to programs that build and enhance the ability of elementary school and secondary school personnel to support gifted and talented students. Each State that receives a grant under subpart 1 shall annually submit to the Secretary, in a manner prescribed by the Secretary, and make public, a State Report on program performance and results under such grant. Such State Report shall provide the information required under subsection (b). Each local educational agency that receives a subgrant under subpart 2 shall annually submit to the State, in a manner prescribed by the State, and make public, a Local Educational Agency Report on program performance and results under such subgrant. Such Local Educational Agency Report shall provide the information required under subsection (b). Each State and local educational agency that submits a report in compliance with this subsection shall collect, report, and disseminate information contained in such report in compliance with section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g , commonly known as the Family Educational Rights and Privacy Act of 1974 ). No State or local educational agency shall publicly report information in compliance with this subsection in a case in which the results would reveal personally identifiable information about an individual teacher or principal. Each State Report and Local Educational Agency Report shall contain, as appropriate— a description of how funds have been used, including how funds have been used to address the needs of teachers serving students in schools not meeting performance targets, as described in section 1116(b), and schools identified as focus schools and priority schools under subsections
(c)and
(d)of section 1116 and the results of the use of those funds; the number of highly rated teachers in the local educational agency teaching in schools identified as focus schools and priority schools under subsections
(c)and
(d)of section 1116; student achievement data, by teacher preparation program within the State, for students taught by such program’s graduates; a description of the professional growth and improvement system required under section 2122; a description of how chosen professional development activities improved teacher and principal performance using the professional growth and improvement system; and how funds have been used to contribute to the equitable distribution of teachers. In this section: The term aspiring principal means an individual who is enrolled in a principal preparation program’s preservice residency that provides training in instructional leadership, organizational management, and the development of teachers. The term current principal means an individual who, as of the date of the determination of participation in a program under this section, is employed as a principal or has been employed as a principal. The term eligible entity means— a local educational agency or educational service agency that serves an eligible school or a consortium of such agencies; a State educational agency or a consortium of such agencies; a State educational agency in partnership with 1 or more local educational agencies or educational service agencies that serve an eligible school; an entity described in subparagraph (A), (B), or
(C)in partnership with 1 or more nonprofit organizations or institutions of higher education; or an institution of higher education or a nonprofit organization, if the institution or nonprofit organization can demonstrate a record of— preparing principals who have been able to improve student achievement substantially; and placing a significant percentage of such principals in eligible schools. The term eligible school means a public school, including a public charter school, that meets 1 or more of the following criteria: Is a high-need school. Is identified as a priority school under section 1116(d). Is identified as a focus school under section 1116(c). In the case of a public school containing middle grades, feeds into a public high school that has less than a 60 percent graduation rate. Is a rural school served by a local educational agency that is eligible to receive assistance under part B of title VI. The term high-need school means— an elementary school or middle school in which not less than 50 percent of the enrolled students are children from low-income families; or a high school in which not less than 40 percent of the enrolled students are children from low-income families, which may be calculated using comparable data from feeder schools. For purposes of subparagraph (A), the term low-income family means a family— in which the children are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ); receiving assistance under a State program funded under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ); or in which the children are eligible to receive medical assistance under the Medicaid program. The term mentor principal means an individual with the following characteristics: Strong instructional leadership skills in an elementary school or secondary school setting. Strong verbal and written communication skills, which may be demonstrated by performance on appropriate assessments. Knowledge, skills, and attitudes to— establish and maintain a professional learning community that effectively extracts information from data to improve the school culture and personalize instruction for all students to result in improved student achievement; create and maintain a learning culture within the school that provides a climate conducive to the development of all members of the school community, including one of continuous learning for adults tied to student learning and other school goals; engage in continuous professional development, utilizing a combination of academic study, developmental simulation exercises, self-reflection, mentorship, and internship; understand youth development appropriate to the age level served by the school and from this knowledge set high expectations and standards for the academic, social, emotional, and physical development of all students; and actively engage the community to create shared responsibility for student academic performance and successful development. The term middle grade means any of grades 5 through 8. The term school-level student outcomes means, at the whole school level and for each subgroup of students described in section 1111(a)(3)(D) who are served by the school— student academic achievement and student growth; and additional outcomes, including, at the high school level, graduation rates and the percentage of students taking college-level coursework. The Secretary shall award grants to eligible entities to enable such entities to recruit, prepare, place, and support principals in eligible schools. A grant awarded under this section shall be not more than 5 years in duration. The Secretary may— renew a grant awarded under this section based on performance; and in renewing a grant under subclause (I), award the grantee increased funding to scale up or replicate the grantee's program. In evaluating performance for purposes of subparagraph (A)(ii)(I)— the Secretary's primary consideration shall be the extent to which the principals recruited, prepared, placed, or supported by the grantee have improved school-level student outcomes in eligible schools; and the Secretary shall also consider the percentage of program graduates— who become principals in eligible schools; who remain principals in eligible schools for multiple years; and who are highly rated principals, as determined by the State educational agency. An eligible entity that desires a grant under this section shall submit to the Secretary an application at such time, in such manner, and accompanied by such information as the Secretary may require. In awarding grants under this section, the Secretary shall consider— the extent to which the entity has the capacity to implement the activities described in subsection
(e)that the entity proposes to implement; the extent to which the entity has a demonstrated record of effectively preparing high-quality principals or an evidenced-based plan for preparing principals to improve school-level student outcomes in eligible schools; the extent to which the entity has a demonstrated record of effectiveness or an evidence-based plan for providing principals trained by the entity with the guidance, support, and tools they need to improve school-level student outcomes in eligible schools, including providing principals with resources, such as funding to ensure supports for quality teaching, access to best practices, and decisionmaking authority over areas such as personnel, budget, curriculum, or scheduling; the likelihood of the entity sustaining the project with funds other than funds provided under this section, which other funds may include funds provided under this title other than this section, once the grant is no longer available to the entity; and the extent to which the proposed project will serve rural areas or high-poverty areas. In awarding grants under this section, the Secretary shall give priority to an eligible entity with a record of preparing or developing principals who— have improved school-level student outcomes; have become principals in eligible schools; and remain principals in eligible schools for multiple years. In awarding grants under this section, the Secretary shall, consistent with the quality of applications— award not less than 1 grant to an eligible entity that intends to establish a program that focuses on training or supporting principals and other school leaders for rural schools; and award not less than 1 grant to an eligible entity that intends to establish a program to train and support principals and other school leaders to lead reform efforts in persistently low-achieving schools in a State or more than 1 State. An eligible entity that receives a grant under this section to carry out a program described in paragraph (2)(B)— during the first year of the grant, shall use grant funds— to bring together experts and stakeholders who are committed to dramatic and effective reform of persistently low-achieving schools who can provide input about what the evidence base shows regarding effective school leadership in such schools; to collect and develop, in consultation with experts and stakeholders, a core body of knowledge regarding effective school reform leadership in persistently low-achieving schools, which is evidence-based; to develop, drawing on the core body of knowledge developed in clause (ii), a leadership training program for principals, mentors, and other school leaders, to prepare and support the principals, mentors, and leaders to lead effective school reform efforts in persistently low-achieving schools; and during each year of the grant after the first year, shall use grant funds— to carry out the leadership training program described in subparagraph (A)(iii); to ensure that the leadership training program described in subparagraph (A)(iii) is informed, on an ongoing basis, by consultation with experts and stakeholders, and by the program’s tracking of the performance of its graduates in leading school reform efforts in persistently low-achieving schools; to select cohorts of trained or experienced principals to lead school reform efforts in persistently low-achieving schools; to provide support for, and encourage interaction among, cohorts of principals after completion of the leadership training program described in subparagraph (A)(iii); and to disseminate information to principals, mentors, and other school leaders engaging in reform efforts in persistently low-achieving schools. Each eligible entity that receives a grant under this section shall use grant funds to carry out the following: To recruit and select, using rigorous, competency-based, selection criteria, and train and support a diverse group of aspiring principals or current principals, or both, for work in eligible schools. Tracking participants to determine if such individuals are attaining, or have attained, the competencies needed to complete the training and enter into an effective leadership role, and provide counseling and, if appropriate, separation, to participants who the entity determines will not attain, or have not attained, those competencies. If the eligible entity provides a program for aspiring principals— candidates shall demonstrate awareness of and have experience with the knowledge, skills, and attitudes to— establish and maintain a professional learning community that effectively extracts information from data to improve the school culture and personalize instruction for all students to result in improved student achievement; create and maintain a learning culture within the school that provides a climate conducive to the development of all members of the school community, including one of continuous learning for adults tied to student learning and other school goals; engage in continuous professional development, utilizing a combination of academic study, developmental simulation exercises, self-reflection, mentorship, and internship; understand youth development appropriate to the age level served by the school and from this knowledge set high expectations and standards for the academic, social, emotional, and physical development of all students; and actively engage the community to create shared responsibility for student academic performance and successful development; and the program shall provide aspiring principals with— a preservice residency that is not less than 1 year in length, and that includes coaching from a mentor principal, and instructional leadership and organizational management experience; focused coursework on instructional leadership, organizational management, and the use of a variety of data for purposes of— instruction; evaluation and development of teachers; and development of highly effective school organizations; and ongoing support, mentoring, and professional development for not less than 2 years after the aspiring principals complete the residency and commence work as assistant principals and principals. To train mentors for principals who are serving or who wish to serve in eligible schools or for aspiring principals who wish to serve in such eligible schools, or for both. Providing differentiated training to participants in competencies that evidence shows are critical to improving school-level student outcomes in eligible schools, such as— recruiting, training, supervising, supporting, and evaluating teachers and other staff; developing teams of effective school staff, and distributing among members of such teams responsibilities for leading and improving their schools; establishing learning communities where principals and teachers— share a school mission and goals with an explicit vision of quality teaching and learning that guides all instructional decisions; commit to improving student outcomes and performances; set a continuous cycle of collective inquiry and improvement; foster a culture of collaboration where teachers and principals work together on a regular basis to analyze and improve teaching and learning; and support and share leadership; where applicable for participants serving elementary schools, offering high-quality early childhood education to the students such participants are serving and facilitating the transition of children from early learning settings to elementary school; setting high expectations for student achievement; addressing the unique needs of specific student populations served, such as students with disabilities, students who are English learners, and students who are homeless or in foster care; managing budget resources and school time to support high-quality instruction and improvements in student achievement, such as by extending the school day and year and providing common planning time to teachers and staff; working effectively with students’ parents and other members of the community; using technology and multiple sources of data to personalize instruction; monitoring and improving the alignment and effectiveness of curriculum, instruction, and assessment, using a variety of data providing evidence of student and school outcomes; and developing and maintaining a positive school culture where students, teachers and other staff are motivated to collaborate and work together to achieve goals. Delivering high-quality, differentiated, school-level support services and training to current principals of eligible schools, if the eligible entity provides a program for current principals, or during the period described in paragraph (3)(C) to individuals who have completed the aspiring principal residency, if the eligible entity provides a program for aspiring principals, to help meet the specific needs of the eligible schools they serve, which may include— training and support for the design of school-wide improvement plans based on the diagnosis of school conditions and needs informed by data and analysis of classroom and school practices; and support in organizing and training the teams described in paragraph (5)(B). Making available any training materials funded under the grant, such as syllabi, assignments, or selection rubrics, to the Department for public dissemination. Tracking the effectiveness of the program based on, at a minimum— school-level student outcomes at the schools where program graduates have served as principals; the percentage of program graduates who become principals in eligible schools; and the percentage of program graduates who remain principals in eligible schools for multiple years. Using the data on the effectiveness of the program for, among other purposes, the continuous improvement of the program. An eligible entity that receives a grant under this section shall submit an annual report, beginning in the third year of the grant, to the Secretary regarding— school-level student outcomes resulting from implementation of the grant activities; and data on— the percentage of program graduates who become principals in eligible schools; the percentage of graduates who remain principals in eligible schools for multiple years; and the percentage of program graduates who are highly rated, as determined by the State educational agency. An eligible entity that receives a grant under this section shall contribute annually to the activities assisted under such grant matching funds in an amount equal to not less than 20 percent of the amount of the grant from non-Federal sources. The matching funds requirement under subparagraph
(A)may be met by— contributions that are in cash or in kind, fairly evaluated; and payments of a salary or stipend to an aspiring principal during the aspiring principal’s residency year. The Secretary may waive or reduce the matching requirement under paragraph
(1)if the eligible entity demonstrates a need for such waiver or reduction due to financial hardship. Grant funds provided under this section shall be used to supplement, and not supplant, any other Federal, State, or local funds otherwise available to carry out the activities described in this section. It is the purpose of this section to support the recruitment, selection, preparation, placement, retention, and support of teachers in high-need subjects or fields who will improve student academic achievement and student outcomes at high-needs schools. In this section: The term eligible entity means— a partnership of— 1 or more institutions of higher education or nonprofit organizations; and a high-need local educational agency and 1 or more other local educational agencies or State educational agencies; or an institution of higher education or a nonprofit organization that can demonstrate a record of— preparing teachers who are successful in improving student achievement; and placing a significant percentage of those teachers in high-need schools. The term teacher in a high-need subject or field means a teacher of— students with disabilities; English learners; or science, technology, engineering, or mathematics. The Secretary shall award grants to eligible entities to pay for the Federal share of the cost of carrying out the activities described in this section. An eligible entity that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. In awarding grants under this section, the Secretary shall consider the geographic diversity of the eligible entities, including the distribution of grants among urban, suburban, and rural areas. In awarding grants under this section, the Secretary shall give priority to applicants that demonstrate a record of— recruiting college undergraduates, recent college graduates, graduate students, and professionals with a demonstrated history of significant academic achievement to become teachers; recruiting and selecting candidates who are members of groups underrepresented in the teaching profession; and preparing teachers who consistently improve student academic achievement at high-need schools. An eligible entity that receives a grant under this section shall use the grant funds for the following: To recruit, select, prepare, place, retain, and support teachers for high-need schools and teachers in high-need subjects or fields. To prepare all teachers to teach students with disabilities and English learners. To prepare teachers in classroom management, instructional planning and delivery, learning theory and cognitive development, literacy development, and student assessment. To provide school-based, clinical experience at a high-need school that includes observation of and feedback on teacher candidates' teaching. To provide ongoing mentoring and support, which may include coursework, for participants for at least 1 school year. An eligible entity that receives a grant under this section may use the grant funds to provide financial stipends for teacher candidates who are not the teacher of record. An eligible entity that receives a grant under this section shall— track the placement rate, retention rate, and performance in improving student academic achievement of teachers recruited and prepared by programs funded by the grant; and submit data on such performance to the Secretary. The Secretary shall evaluate the information submitted under paragraph
(1)and renew a grant awarded under this section only if the data indicate the teachers are successful in improving student academic achievement. The fiscal agent for an eligible entity that receives a grant under this section may be a local educational agency, State educational agency, institution of higher education, or nonprofit organization that is a partner in the eligible entity. Except as provided in paragraph (2)(B), the Federal share for this section shall be a percentage of the cost of the activities assisted under the grant as determined by the Secretary. The non-Federal share provided by an eligible entity receiving a grant under this section shall be a percentage of the cost of the activities assisted under the grant as determined by the Secretary. The non-Federal share may include in-kind contributions. The Secretary may waive or reduce the amount of the non-Federal share described in subparagraph
(A)for any fiscal year if the eligible entity demonstrates to the Secretary that the funds needed to carry out that subparagraph are unavailable due to economic hardship, as determined by the Secretary. From the amount appropriated for this subpart and reserved for evaluation activities in accordance with section 9601(a), the Secretary, acting through the Director of the Institute of Education Sciences, shall, in consultation with the relevant program office at the Department— evaluate the implementation and impact of the program under this section; identify best practices for recruiting, selecting, preparing, placing, retaining, and supporting teachers in high-need subjects or fields for high-need schools; and disseminate research on best practices. The purposes of this part are to assist States, local educational agencies, and nonprofit organizations to develop, implement, improve, or expand strategies to ensure that the most effective teachers and principals are serving in the lowest-performing schools. Except as otherwise provided, in this part: The term eligible entity means— a local educational agency or a consortium of local educational agencies, which may include a charter school that is a local educational agency; a State educational agency, or other State agency designated by the chief executive of a State to participate under this subpart; or an institution of higher education or nonprofit organization, in partnership with an entity described in subparagraph
(A)or (B). The term highly effective teacher or principal means a teacher or principal who has not less than 3 years of— receiving the highest ratings in a professional growth and improvement system; or if a professional growth and improvement system has not yet been implemented, receiving the highest rating category of an existing local educational agency teacher or principal evaluation system. The term human capital system means an evidence-based and data-driven system for— identifying, recruiting, training, hiring, placing, and retaining those individuals who are or are most likely to be highly effective teachers and principals; attracting highly effective teachers and principals to high-need schools, including by providing highly effective teachers and principals in such schools with support and development opportunities focused on increasing student achievement; and retaining highly effective teachers and principals in high-need schools over time by creating school environments that enable excellent teaching, including through strategies such as personalized learning, project-based learning, blended learning, distributed leadership, career pathways, and time for collaboration and use of student data in professional learning communities. From the amounts appropriated to carry out this part, the Secretary is authorized to award grants, on a competitive basis, to eligible entities to enable the eligible entities to develop, implement, improve, or expand strategies, including incentives and human capital systems to increase the number of highly effective teachers and principals serving in high-need schools. In awarding a grant under this part, the Secretary shall give priority to an eligible entity that concentrates the proposed activities in high-need schools designated as priority schools, as described in section 1116(d), and then to an eligible entity that concentrates the proposed activities in a State or local educational agency that has already developed a professional growth and improvement system required under section 2122. To be eligible to receive a grant under this part, an eligible entity shall submit an application to the Secretary, at such time and in such manner as the Secretary may reasonably require. The application shall include, as applicable— a description of the strategy that the eligible entity proposes to develop, implement, improve, or expand; a description and evidence of the support and commitment of teachers and principals in the school to be served by the project, the community, including community-based organizations, and the local educational agencies, including a demonstration of consultation with teachers and principals in the design and development of the proposal; a description of the local educational agency or school to be served by the project, including such student academic achievement, demographic, and socioeconomic information as the Secretary may request; a description of the quality of teachers and principals in the local educational agency and the schools to be served by the project and how the project will increase the quality of teachers and principals in a high-need school; a description of how the eligible entity will use grant funds under this part in each year of the grant to continuously increase the number of highly effective teachers and principals in the highest-need schools; a description of how the eligible entity will continue funding and carrying out the project after the grant period ends; a description of the State, local, or other public or private funds that will be used to supplement the grant and sustain the activities assisted under the grant at the end of the grant period; and a description of the rationale and evidence base for the proposed activities and of any prior experience of the eligible entity in developing and implementing such activities. An eligible entity that receives a grant under this part shall use the grant funds to carry out activities that are designed to develop, implement, improve, or expand strategies to increase the number of highly effective teachers or principals serving in high-need schools, consistent with this part, which may include— paying bonuses and increased salaries, if the eligible entity uses an increasing share of non-Federal funds to pay the bonuses and increased salaries each year of the grant, to highly effective teachers or principals who work in high-need schools; improving a professional growth and improvement system required under section 2122; reforming the local educational agency’s system of compensating teachers and principals; and developing and implementing a human capital system. The Secretary may award a grant under this part for a period of not more than 5 years. A local educational agency may receive (whether individually or as part of a consortium or partnership) a grant under this part only twice. A second grant may be awarded only if the Secretary determines that the eligible entity has demonstrated sufficient progress and demonstrates the sustainability of the grant project after the expiration of the grant period. To the extent practicable, the Secretary shall ensure an equitable geographic distribution of grants under this part, including the distribution between rural and urban areas. Grant funds provided under this part shall be used to supplement, not supplant, other Federal, State, or local funds available to carry out the activities described in this part. This part may be cited as the or the Achievement Through Technology and Innovation Act of 2013 . ATTAIN Act The purposes and goals of this part are— to ensure that through effective and innovative uses of technology every student has access to personalized, rigorous, and relevant learning to meet the goals of this part to raise student achievement, close the achievement gap, and ensure highly effective teaching, and to prepare all students to be technology literate and make sufficient academic growth to succeed in the 21st century digital economy; to evaluate, build upon, and increase the use of evidence-based and innovative systemic education transformations that center on the use of technology that leads to school improvement, improved productivity, and increased student achievement; to ensure that all educators are connected in an ongoing manner to technology-based and online resources and supports, including through enhanced ongoing, meaningful professional development to ensure that— all educators are technology literate and effectively use technology to improve instruction; and education administrators possess the capacity to— provide leadership in the use of technology for systemic education transformation; and improve educational productivity; to improve student engagement, opportunity, attendance, graduation rates, and technology access through enhanced or redesigned curriculum or instruction; to more effectively collect and use student performance and other data in a timely manner to inform instruction, address individualized student needs, support school decisionmaking, and support school improvement and increased student achievement, including through delivery of computer-based and online assessments; to enhance the use of technology, online learning, and blended learning for systemic education transformation, including curricula redesign and new instructional strategies to personalize learning; and to increase education productivity and reduce costs through the use of technology, blended learning, and online learning, including for the delivery of online assessments. In this part: The term blended learning means the combination of online learning and traditional in-person classroom instruction, or technology-based learning, in a supervised classroom setting with some element of student control over time, place, path or pace. The term digital learning means any instructional practice that effectively uses technology to strengthen a student’s learning experience and encompasses a wide spectrum of tools and practices, including— interactive learning resources that engage students in academic content; access to online databases and other primary source documents; the use of data to personalize learning and provide targeted supplementary instruction; student collaboration with content experts and peers; online and computer-based assessments; digital content, adaptive, and simulation software or courseware, online courses, online instruction, or digital learning platforms; mobile and wireless technologies for learning in school and at home; learning environments that allow for rich collaboration and communication; authentic audiences for learning in a relevant, real world experience; and teacher participation in virtual professional communities of practice. The term eligible technology means modern information, computer, and communication technology hardware, software, services, or tools, including computer or mobile hardware devices and other computer and communications hardware, software applications, systems and platforms, and digital and online content, courseware, and online instruction and other online services and supports. The term E-rate program means the Schools and Libraries Universal Service Support Mechanism under section 254(h)(1)(B) of the Communications Act of 1934 ( 47 U.S.C. 254(h)(1)(B) ). The term student technology literacy means student knowledge and skills in using contemporary information, communication, and learning technologies in a manner necessary for successful employment, lifelong learning, and citizenship in the knowledge-based, digital, and global 21st century, including, at a minimum, the ability to— effectively communicate and collaborate; analyze and solve problems; access, evaluate, manage, and create information and otherwise gain information literacy; demonstrate creative thinking, construct knowledge, and develop innovative products and processes; and carry out the activities described in subparagraphs
(A)through
(D)in a safe and ethical manner. The term technology readiness survey means a survey completed by a local educational agency that provides standardized information comparable to the information collected through the technology readiness survey administered under the Race to the Top Assessment program under section 14006 of division A of the American Recovery and Reinvestment Act of 2009 ( Public Law 111–5 ) on the quantity and types of technology infrastructure and access available to the students served by the local educational agency, including computer devices, Internet connectivity, operating systems, related network infrastructure, data systems, and— requiring— an internal review of the degree to which instruction, additional student support, and professional development is delivered in digital formats, media, and platforms and is available to students and educators at any time; an internal review of the ability of educators to use assessments and other student data to personalize and strengthen instruction and identify professional development needs and priorities; and any other information required by the State educational agency serving the local educational agency; and may include an assessment of local community needs to ensure students have adequate online access and access to devices for school-related work during out-of-school time. The funds made available to carry out this part shall be available to carry out subpart 1. Of the funds made available to a local educational agency under this part for a fiscal year, not more than 3 percent may be used by the local educational agency for administrative costs. Of the funds made available to a State educational agency under section 2412(a)(1)(A), not more than 60 percent may be used by the State educational agency for administrative costs. Funds awarded under this part may be used to address the networking needs of a recipient of such funds under the E-rate program, except that such funds may not be duplicative of support received by the recipient under the E-rate program. Nothing in this part shall be construed to permit a recipient of funds under this part to purchase goods or services using such funds without ensuring that the purchase is free of any conflict of interest between such recipient, or any partner of such recipient, and the person or entity from whom such goods or services are purchased. From the amount made available to carry out this subpart for a fiscal year— the Secretary shall reserve— three-quarters of 1 percent for the Secretary of the Interior for programs under this subpart for schools operated or funded by the Bureau of Indian Education; and 1 percent to provide assistance under this subpart to the outlying areas; and subject to subsection (b), the Secretary shall use the remainder to award grants by allotting to each State educational agency an amount that bears the same relationship to such remainder for such year as the amount received under part A of title I for such year by such State educational agency bears to the amount received under such part for such year by all State educational agencies. The amount of any State educational agency's allotment under subsection (a)(2) for any fiscal year shall not be less than one-half of 1 percent of the amount made available for allotments to State educational agencies under this subpart for such year. The Secretary shall reallot any unused amount of a State educational agency's allotment to the remaining State educational agencies that use their entire allotments under this subpart in accordance with this section. A State educational agency that receives a grant under subsection (a)(2) shall provide matching funds, from non-Federal sources, in an amount equal to 20 percent of the amount of grant funds provided to the State educational agency to carry out the activities supported by the grant. Such matching funds may be provided in cash or in-kind except that any such in-kind contributions shall be provided for the purpose of supporting the State educational agency’s activities under section 2414. The Secretary may waive the matching requirement under paragraph
(1)for a State educational agency that demonstrates that such requirement imposes an undue financial hardship on the State educational agency. Of the amount provided to a State educational agency under section 2411(a)(2) for a fiscal year— the State educational agency may use not more than 10 percent of such amount or $100,000, whichever amount is greater, to carry out activities under section 2414; and the State educational agency shall distribute the remainder in accordance with paragraphs
(2)and (3). The State educational agency shall— use 80 percent of the remainder to award Improving Teaching and Learning through Technology subgrants to local educational agencies having applications approved under section 2415(c) for the activities described in section 2416(b); and allot to each such local educational agency an amount that bears the same relationship to 80 percent of the remainder for such year as the amount received under part A of title I for such year by such local educational agency bears to the amount received under such part for such year by all local educational agencies within the State, subject to subsection (b)(2); and use 20 percent of the remainder to award Systemic Education Transformation through Technology Integration subgrants, through a State-determined competitive process, to local educational agencies having applications approved under section 2415(b) for the activities described in section 2416(a). If the amount provided to a State educational agency under section 2411(a)(2) for a fiscal year is not large enough to provide every local educational agency with a minimum subgrant under subsection (b)(3), the State educational agency may distribute 100 percent of the remainder described in paragraph (1)(B) as either formula grants under paragraph (2)(A) or competitive grants under paragraph (2)(B). In awarding subgrants under subsection (a)(2)(B), the State educational agency shall— ensure the subgrants are of sufficient size and scope to be effective, consistent with the purposes of this part; ensure subgrants are of sufficient duration to be effective, consistent with the purposes of this part, including by awarding subgrants for a period of not less than 2 years that may be renewed for not more than an additional 1 year; give preference in the awarding of subgrants, and the providing of all technical assistance, to local educational agencies that serve schools identified as priority schools or focus schools under subsection
(c)or
(d)of section 1116, including those schools with high populations of— English learners; students with disabilities; or other subgroups of students who have not met the State's student academic achievement standards; and ensure an equitable distribution among urban and rural areas of the State, according to the demonstrated need for assistance under this subpart of the local educational agencies serving the areas. A State educational agency that forms a State purchasing consortium under subsection 2414(c) may reserve an additional 1 percent to carry out the activities described in subsection 2414 (c)(1) if such State educational agency receives direct approval from the local educational agencies receiving subgrants under subsection (a)(2). The amount of any local educational agency's subgrant under subsection (a)(2)(A) for any fiscal year shall be not less than $3,000. If any local educational agency does not apply for a subgrant under subsection
(a)for a fiscal year, or does not use the local educational agency's entire allotment under this subpart for such fiscal year, the State shall reallot any unused funds to the remaining local educational agencies. To be eligible to receive a grant under this subpart, a State educational agency shall submit to the Secretary, at such time and in such manner as the Secretary may specify, an application containing the information described in subsection
(b)and such other information as the Secretary may reasonably require. Each State educational agency application submitted under subsection
(a)shall include each of the following: A description of how the State educational agency will support local educational agencies that receive subgrants under this subpart in meeting the purposes and goals of this part and the requirements of this subpart, including through technical assistance in using technology to redesign curriculum and instruction, improve educational productivity, and deliver computer-based and online assessment. A description of the State educational agency's long-term goals and strategies for improving student academic achievement, including student technology literacy, through the effective use of technology. A description of the priority area upon which the State educational agency will focus its assistance under this subpart, which shall be identified from among the core academic subjects, grade levels, and student subgroup populations with the largest achievement gaps in the State. A description of how the State educational agency will support local educational agencies to implement professional development programs pursuant to section 2416(b)(1)(A). A description of how the State educational agency will ensure that teachers, paraprofessionals, school librarians, and administrators possess the knowledge and skills to use technology— for curriculum redesign to change teaching and learning and improve student achievement; for assessment, data analysis, and to personalize learning; to improve student technology literacy; and for their own ongoing professional development and for access to teaching resources and tools. A description of the process, activities, and performance measures that the State educational agency will use to evaluate the impact and effectiveness of activities described in section 2414. Identification of the State college and career ready academic content standards and college and career ready student academic achievement standards that the State educational agency will use to ensure that each student is technologically literate, consistent with the definition of student technology literacy, and a description of how the State educational agency will assess student performance in gaining technology literacy, only for the purpose of tracking progress towards achieving the 8th grade technology literacy goal and not for accountability purposes as described in section 1111(a)(3), including through embedding such assessment items in other State tests or performance-based assessment portfolios, or through other valid and reliable means. Nothing in this subpart shall be construed to require States to develop a separate test to assess student technology literacy. An assurance that financial assistance provided under this subpart will supplement, and not supplant, State and local funds. A description of how the State educational agency consulted with local educational agencies in the development of the State application. An assurance that the State educational agency will provide matching funds as required under section 2411(d). A description of how the State educational agency will ensure that funds received under this part do not duplicate support received under the E-rate program. An assurance that the State educational agency will protect the privacy and safety of students and teachers, consistent with the requirements of section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ) (commonly known as the Family Educational Rights and Privacy Act of 1974 ). A description of how the State educational agency will, in providing technical and other assistance to local educational agencies, give priority to schools identified as priority schools or focus schools under subsection
(c)or
(d)of section 1116, including those schools with high populations of— English learners; students with disabilities; or other subgroups of students who have not met the State’s student academic achievement standards; A description of how the State educational agency will ensure that the State educational agency’s data systems and eligible technology are interoperable. A description of— the State’s process for the adoption, acquisition, distribution, and use of content; how the State will ensure integrity of such processes; how such processes support the goals of this part or how a State will change such processes to support such goals; and how the State will ensure content quality. A description of the technology readiness in the State, as determined by local educational agency responses to the technology readiness survey, including— an assurance that not less than 90 percent of the local educational agencies served by the State educational agency have completed and submitted the technology readiness survey to the State educational agency; and an assurance that the results of the technology readiness survey for each such local educational agency are made available to the Secretary and the public through the website of the local educational agency. From funds made available under section 2412(a)(1)(A), a State educational agency shall carry out each of the following activities: Identify the State college and career ready academic content standards and college and career ready student academic achievement standards that the State educational agency will use to ensure that each student is technologically literate consistent with the definition of student technology literacy. Assess student performance in gaining technology literacy consistent with paragraph (1), including through embedding such assessment items in other State tests, performance-based assessments, or portfolios, or through other means, except that such assessments shall be used only to track student technology literacy and shall not be used for accountability purposes as described in section 1111(a)(3), and widely disseminate such results. Providing guidance, technical assistance, and other assistance, including in the priority area identified by the State pursuant to section 2413(b)(3), to local educational agencies to— identify and address technology readiness needs; redesign curriculum and instruction, improve educational productivity, and deliver computer-based and online assessment; use technology, consistent with the principles of universal design for learning, to support the learning needs of all students, including students with disabilities and English learners; support principals so that principals have the expertise to evaluate teachers’ proficiency in implementing digital tools for teaching and learning; Developing or utilizing research-based or innovative strategies for the delivery of specialized or rigorous academic courses and curricula through the use of technology, including digital learning technologies and assistive technology. Integrating and coordinating activities under this part with other educational resources and programs across the State. Disseminating information, including making publicly available on the website of the State educational agency, promising practices to improve technology instruction, and acquiring and implementing technology tools and applications. Coordinating with teacher and principal preparation programs to align digital learning teaching standards. Providing, or supporting local educational agencies in providing, sustained and intensive, high-quality professional development pursuant to section 2416(b)(1)(A). From funds made available under section 2412(a)(1)(A), a State educational agency may carry out 1 or more of the following activities that assist local educational agencies: State leadership activities and technical assistance that support achieving the purposes and goals of this part. Developing or utilizing research-based or innovative strategies for the delivery of specialized or rigorous academic courses and curricula through the use of technology, including distance learning technologies. Assessing student performance in gaining technology literacy consistent with subsection (a)(2), including through embedding such assessment items in other State tests, performance-based assessments, or portfolios, or through other means. From funds made available under section 2412(a)(1)(A), a State educational agency receiving a grant under this subpart may— form a State purchasing consortium with 1 or more State educational agencies receiving such a grant to carry out the State activities described in subsections
(a)and (b), including purchasing eligible technology; encourage local educational agencies to form local purchasing consortia under section 2415; and promote pricing opportunities to local educational agencies for the purchase of eligible technology that are— negotiated by the State educational agency or the State purchasing consortium of the State educational agency; and available to such local educational agencies. A State educational agency receiving a grant under section 2412(a)(1)(A) shall not— except for promoting the pricing opportunities described in paragraph (1)(C), make recommendations to local educational agencies for, or require, use of any specific commercial products and services by local educational agencies; require local educational agencies to participate in a State purchasing consortia or local purchasing consortia; or use more than the amount reserved under subsection 2412(a)(1)(A) to carry out the activities described in paragraph
(1)unless the State educational agency receives approval in accordance with section 2412(b)(2). Each local educational agency desiring a subgrant under this subpart shall submit to the State educational agency an application containing a new or updated local long-range strategic educational technology plan, and such other information as the State educational agency may reasonably require, and shall include each of the following: A description of how the local educational agency will align and coordinate the local educational agency's use of funds under this subpart with— the local educational agency’s efforts to boost student achievement and close achievement gaps; the local educational agency's technology plan; the local educational agency's plans and activities for improving student achievement, including plans and activities under sections 1111, 1112, 1116, and 2123, as applicable; and funds available from other Federal, State, and local sources. An assurance that financial assistance provided under this subpart will supplement, and not supplant, other funds available to carry out activities assisted under this subpart. A description of the process used to assess and, as needed, update technologies throughout the local educational agency. A description of how the local educational agency will— enable schools served by the local educational agency to build the technological capacity and infrastructure (including through local purchasing of eligible technology), necessary for the full implementation of online assessments for all students (including students with disabilities and English learners); and ensure the interoperability of data systems and eligible technology. A description of the results of the technology readiness survey completed by the local educational agency. A description of the local educational agency’s student technology literacy standards, the agency’s goals for the technology skills for teachers and administrators, and an assurance that the student technology literacy standards meet the requirements of section 2403. A description of how the local educational agency will evaluate teachers’ proficiency and progress in implementing technology for teaching and learning. A description of how the local educational agency will ensure that principals have the expertise to evaluate teachers’ proficiency and progress in implementing technology for teaching and learning and the interoperability of data systems and eligible technology. A description of— the local educational agency’s procurement process and process for the creation, acquisition, distribution, and use of content; how the local educational agency will ensure the integrity of such processes; how such processes support the goals described in paragraph
(1)or how a local educational agency will change such processes to support such goals; and how the local educational agency will ensure content quality. An assurance that the local educational agency will protect the privacy and safety of students and teachers, consistent with requirements section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ) (commonly known as the Family Educational Rights and Privacy Act of 1974 ). A description of how the local educational agency will ensure that the subgrant received under subsection
(a)is not duplicative of support received under the E-rate program. Such other information as the State educational agency may reasonably require. In addition to the information described in subsection (a), a local educational agency submitting an application for a Systemic Education Transformation Through Technology Integration subgrant shall submit to the State educational agency an application containing each of the following: A description of how the local educational agency will use the subgrant funds to implement systemic education transformation, which is a comprehensive set of programs, practices, and technologies to improve student achievement and close achievement gaps that— collectively lead to school or school district change and improvement, including in the use of technology; and incorporate all of the following elements: Reform or redesign of curriculum, instruction, assessment, use of data, or other practices through the use of technology in order to increase student learning opportunity, and engagement in learning. Improvement of educator quality, knowledge and skills, and effectiveness through ongoing, sustainable, timely, and contextual professional development described in section 2416(b)(1)(A). Ongoing use of formative and other assessments and other timely data sources and data systems to more effectively identify individual student learning needs and personalize learning. Engagement of school district leaders, school leaders, and classroom educators. Programs, practices, and technologies that are based on scientific research. An assurance that the local educational agency will use not less than 25 percent of the subgrant funds to implement a program of professional development described in section 2416(b)(1)(A). A description of how the local educational agency will evaluate the impact of 1 or more programs or activities carried out under this subpart. In addition to the information described in subsection (a), a local educational agency submitting an application for an Improving Teaching and Learning Through Technology subgrant shall submit to the State educational agency an application containing each of the following: An assurance that the local educational agency will use not less than 40 percent of the subgrant funds for ensuring educators, including teachers and administrators, are technology literate, prepared to use technology to improve the curriculum and instruction, and are connected online to supports and resources, including— for professional development described in section 2416(b)(1)(A); and to provide educators with ongoing access to technology tools, applications, supports and other resources, including those related specifically to such professional development activities. A description of the local educational agency's program of professional development described in section 2416(b)(1)(A). A description of the use of technology tools, applications, and other resources to improve student learning and achievement in the area of priority identified under paragraph (4). A description of the priority area subgrant funds will target, identified from among the core academic subjects, grade levels, and student subgroup populations in which the most number of students served by the local educational agency are not proficient. A description of how funds will be used to integrate technology to redesign the curriculum or instruction, implement computer-based and online assessments, improve use of data to personalize learning, or improve education productivity. A local educational agency that submits an application under subsection (b), may, upon notice to the State educational agency, submit a single application that will also be considered as an application for subgrant funds awarded under subsection (c), if the application addresses each application requirement under subsections (a), (b), and (c). A local educational agency that receives funds through a subgrant under section 2412(a)(2)(B), shall carry out activities to improve student learning, technology literacy, and achievement, as follows: Use not less than 5 percent of such funds to evaluate the impact of 1 or more programs or activities carried out under the subgrant as identified in the local educational agency's application and approved by the State educational agency. Use funds remaining after carrying out paragraph
(1)to implement a plan for systemic education transformation in 1 or more schools, in accordance with section 2415(b)(1), including each of the following: Using not less than 25 percent of subgrant funds to ensure educators, including teachers and administrators, are technology literate, prepared to use technology to improve the curriculum and instruction, and are connected online to supports and resources, including through the following: Professional development activities, as described in subsection (b)(1)(A). The acquisition and implementation of technology tools, applications, and other resources to provide educators with ongoing access and support, including for use in the professional development activities described in clause (i). Acquiring and effectively implementing technology tools, applications, and other resources in conjunction with enhancing or redesigning the curriculum or instruction in order to— increase student learning opportunity or access, student engagement in learning, or student attendance or graduation rates; improve student achievement in 1 or more of the core academic subjects; and improve student technology literacy. Acquiring and effectively implementing eligible technology, tools, applications, and other resources to— conduct ongoing formative and other assessments and use other timely data sources and data systems to more effectively identify and address individual student learning needs; support personalized student learning, including through instructional software and digital content that supports the learning needs of each student, or through providing access to high-quality courses and instructors otherwise not available except through technology and online learning; conduct other activities consistent with research-based or innovative systemic education transformation, including activities that increase parental involvement; and address readiness shortfalls identified under the technology readiness survey completed by the local educational agency. A local educational agency that receives funds through a subgrant under section 2412(a)(2)(A), shall carry out activities to improve student learning, technology literacy, and achievement in the area of priority identified under section 2415(c)(4), as follows: Use not less than 40 percent of such funds for professional development activities that are aligned with activities supported under section 2123 to improve educator effectiveness and quality through support for the following: Training of school personnel, which— shall include the development, acquisition, or delivery of— training that is ongoing, sustainable, timely, and directly related to up-to-date teaching content areas; training in strategies and pedagogy in the core academic subjects that involve use of technology and curriculum redesign as key components of changing teaching and learning and improving student achievement and technology literacy; training in the use of computer-based and online assessments, and in the use of student performance and other data for individualized instruction; training that includes ongoing communication and follow-up with instructors, facilitators, and peers; and may include— the use of, and training of, instructional technology specialists, mentors, master teachers, or coaches to serve as experts and train other teachers in the effective use of technology; and the use of technology, such as distance learning and online virtual educator-to-educator peer communities, as a means for delivering professional development. The acquisition and implementation of eligible technology, tools, applications, and other resources to be employed in the professional development activities described in subparagraph (A). Use funds remaining after carrying out paragraph
(1)to acquire or implement technology tools, applications, and other resources to improve student learning, technology literacy, and achievement in the area of priority identified by the local educational agency, including through 1 or more of the following: Conducting ongoing formative assessment and using other timely data sources and data systems to more effectively identify and address individual student learning needs. Supporting personalized student learning, including through instructional software and digital content that supports the learning needs of each student, or through providing access to high-quality courses and instructors not otherwise available except through technology such as online learning. Increasing parental involvement through improved communication with teachers and access to student assignments and grades. Enhancing accountability, instruction, and data-driven decisionmaking through data systems that allow for management, analysis, and disaggregating of student, teacher, and school data. Such other activities as are appropriate and consistent with the goals and purposes of this part. A local educational agency that receives subgrants under both subparagraph
(A)and subparagraph
(B)of section 2412(a)(2) may use all such subgrant funds for activities authorized under subsection (a). A State educational agency may authorize a local educational agency to modify the percentage of the local educational agency’s subgrant funds required to carry out the activities described in subsections
(a)or
(b)if the local educational agency demonstrates that such modification will assist the local educational agency in more effectively carrying out such activities. Local educational agencies receiving subgrants under subsection
(a)or
(b)may— form a local purchasing consortia with other such local educational agencies to carry out the activities described in subsection
(a)or (b), including purchasing eligible technology; and use such funds for purchasing eligible technology through a State purchasing consortia under section 2414(c). Each local educational agency receiving a subgrant under this part shall submit to the State educational agency that awarded such subgrant an annual report that meets the requirements of subsection (c). Each State educational agency receiving a grant under this subpart shall submit to the Secretary an annual report that meets the requirements of subsection (c). A report submitted under subsection
(a)or
(b)shall include, at a minimum, a description of— the status of the State educational agency’s plan described in section 2413(b)(1) or the local educational agency’s technology plan under section 2415(a)(1)(B), as applicable; the categories of eligible technology acquired with funds under this subpart and how such technology is being used; the professional development activities funded under this subpart, including types of activities and entities involved in providing such professional development to classroom teachers and other staff, such as school librarians; the instruction, strategies, activities, and curricula used in the programs funded under this subpart; and the types of programs funded under this subpart. No funds made available under this part to a local educational agency for an elementary school or secondary school that does not receive services at discount rates under section 254(h)(5) of the Communications Act of 1934 ( 47 U.S.C. 254(h)(5) ) may be used to purchase computers used to access the Internet, or to pay for direct costs associated with accessing the Internet, for such school unless the school, school board, local educational agency, or other authority with responsibility for administration of such school both— has in place a policy of Internet safety for minors that includes the operation of a technology protection measure with respect to any of its computers with Internet access that protects against access through such computers to visual depictions that are— obscene; child pornography; or harmful to minors; and is enforcing the operation of such technology protection measure during any use of such computers by minors; and has in place a policy of Internet safety that includes the operation of a technology protection measure with respect to any of its computers with Internet access that protects against access through such computers to visual depictions that are— obscene; or child pornography; and is enforcing the operation of such technology protection measure during any use of such computers. The local educational agency with responsibility for a school covered by subsection
(a)shall certify the compliance of such school with the requirements of subsection
(a)as part of the application process for each program funding year. A local educational agency with responsibility for a school covered by subsection
(a)that has in place an Internet safety policy meeting the requirements of subsection
(a)shall certify its compliance with subsection
(a)during each annual program application cycle under this part. A local educational agency with responsibility for a school covered by subsection
(a)that does not have in place an Internet safety policy meeting the requirements of subsection
(a)for each year in which the local educational agency is applying for funds for such school under this part, shall certify that it is undertaking such actions, including any necessary procurement procedures, to put in place an Internet safety policy that meets such requirements. Any school covered by subsection
(a)for which the local educational agency concerned is unable to certify compliance with such requirements for a year shall be ineligible for all funding under this part for such year and all subsequent years until such time as such school comes into compliance with such requirements. An administrator, supervisor, or person authorized by the responsible authority under subsection
(a)may disable the technology protection measure concerned to enable access for bona fide research or other lawful purposes. Whenever the Secretary has reason to believe that any recipient of funds under this part is failing to comply substantially with the requirements of this section, the Secretary may— withhold further payments to the recipient under this part; issue a complaint to compel compliance of the recipient through a cease and desist order; or enter into a compliance agreement with a recipient to bring it into compliance with such requirements, in same manner as the Secretary is authorized to take such actions under sections 455, 456, and 457, respectively, of the General Education Provisions Act. The actions authorized by paragraph
(1)are the exclusive remedies available with respect to the failure of a school to comply substantially with a provision of this section, and the Secretary shall not seek a recovery of funds from the recipient for such failure. Whenever the Secretary determines (whether by certification or other appropriate evidence) that a recipient of funds who is subject to the withholding of payments under paragraph (1)(A) has cured the failure providing the basis for the withholding of payments, the Secretary shall cease the withholding of payments to the recipient under that paragraph. In this subpart: A computer shall be considered to have access to the Internet if such computer is equipped with a modem or is connected to a computer network that has access to the Internet. An elementary school or secondary school shall be considered to have received funds under this part for the acquisition or operation of any computer if such funds are used in any manner, directly or indirectly— to purchase, lease, or otherwise acquire or obtain the use of such computer; or to obtain services, supplies, software, or other actions or materials to support, or in connection with, the operation of such computer. The term child pornography has the meaning given that term in section 2256 of title 18, United States Code. The term computer includes any hardware, software, or other technology attached or connected to, installed in, or otherwise used in connection with a computer. The term harmful to minors means any picture, image, graphic image file, or other visual depiction that— taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion; depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or a lewd exhibition of the genitals; and taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors. The term minor means an individual who has not attained the age of 17. The term obscene has the meaning applicable to that term under section 1460 of title 18, United States Code. The terms sexual act and sexual contact have the meanings given those terms in section 2246 of title 18, United States Code. If any provision of this section is held invalid, the remainder of this section shall not be affected thereby. .
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- Pub. L. 111-5
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Sec. 2101
Supporting teacher and principal excellence
Pub. L.Pub. L. 111-5
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