Sec. 201. High-quality teachers and principals
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The Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ) is amended— by redesignating subpart 5 of part C of title II as subpart 3 of part E of title IX and moving that subpart to the end of part E of title IX; by redesignating sections 2361 through 2368 as sections 9541 through 9548, respectively; by striking the subpart heading of subpart 3 of part E of title IX, as redesignated by paragraph (1), and inserting the following: ; in section 9546(b), as redesignated by paragraph (2), 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. ; by redesignating subpart 4 of part D of title II as subpart 4 of part E of title IX and moving that subpart to follow subpart 3 of part E of title IX, as redesignated by paragraph (1); by redesignating section 2441 as section 9551; by striking the subpart heading of subpart 4 of part E of title IX, as redesignated by paragraph (5), and inserting the following: ; and by striking title II and inserting the following: The purpose of this title is to improve student academic achievement by— increasing the capacity of local educational agencies, schools, teachers, and principals to provide a well-rounded and complete education for all students; improving teacher and principal quality and effectiveness; increasing the number of teachers and principals who are effective in improving student academic achievement in schools; and ensuring that low-income and minority students are served by effective teachers and principals and have access to a high-quality instructional program in the core academic subjects. In this title: The term core academic subjects means English, reading or language arts, writing, science, technology, engineering, mathematics, foreign languages, civics and government, economics, arts, history, geography, music, and physical education. The term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. There are authorized to be appropriated to carry out this title $3,045,058,000 for each of fiscal years 2014 through 2018. From amounts appropriated under subsection
(a)for each fiscal year, the Secretary shall reserve not more than 5 percent to carry out activities authorized under section 2108. From amounts appropriated under subsection
(a)for each fiscal year that remain after making the reservation under subsection (b), the Secretary shall reserve not less than 10 percent to carry out activities authorized under part B. From the total amount appropriated under section 2103(a) for a fiscal year after the Secretary makes the reservations under subsections
(b)and
(c)of section 2103, the Secretary shall reserve— 1/2 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 1/2 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. From the funds appropriated under section 2103(a) for a fiscal year that remains after the Secretary makes the reservations under paragraphs
(1)and
(2)and subsections
(b)and
(c)of section 2103, the Secretary shall allot to each State the sum of— an amount that bears the same relationship to 20 percent of the remaining amount as the number of individuals age 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 80 percent of the remaining amount as the number of individuals age 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 paragraph
(1)may receive less than 1/2 of 1 percent of the total remaining amount allotted under such paragraph for a fiscal year. If a State does not receive an allotment under this title for a fiscal year, the Secretary shall reallot the amount of the State’s allotment to the remaining States in accordance with this section. Each State that receives an allotment under this section shall reserve not less than 95 percent of the amount allotted to such State under subsection (b), for each fiscal year, to make subgrants to local educational agencies as described in section 2105. A State educational agency may use not more than 1 percent of the amount allotted to such State under subsection
(b)for the administrative costs of carrying out such State educational agency’s responsibilities under this title. The State educational agency for a State that receives an allotment under subsection
(a)may use funds not reserved under paragraph
(1)to carry out the following activities, which may be carried out through a grant or contract with a for-profit or nonprofit entity: Reforming teacher and principal certification, recertification, licensing, or tenure systems to ensure that— teachers have the necessary subject matter knowledge and teaching skills in the academic subjects that the teachers teach to help students meet challenging State standards; principals have the instructional leadership skills to help teachers teach and to help students meet challenging State standards; and teacher certification or licensing requirements are aligned with challenging State standards. Developing or improving teacher and principal evaluation systems that shall be based in significant part on evidence of student achievement and may include student growth and other measures determined by the State. Carrying out programs that establish, expand, or improve alternative routes for State certification of teachers and principals, especially in the areas of mathematics and science, for— highly qualified individuals with a bachelor’s or master’s degree; mid-career professionals from other occupations; paraprofessionals; former military personnel; and recent college or university graduates with records of academic distinction who demonstrate the potential to become highly effective teachers or principals. Developing and implementing mechanisms to assist local educational agencies and schools in effectively recruiting and retaining teachers and principals who are effective in improving student academic achievement. Fulfilling the State educational agency’s responsibilities concerning proper and efficient administration and monitoring of the programs carried out under this part, including provision of technical assistance to local educational agencies. Developing, or assisting local educational agencies in developing— performance-based pay systems; strategies that provide differential and bonus pay for teachers in high-need academic subjects and teachers or principals in high-poverty schools and districts; teacher advancement initiatives that promote professional growth and emphasize multiple career paths and pay differentiation; and new teacher and principal induction and mentoring programs that are designed to— improve instruction and student learning and achievement; and increase the retention of effective teachers and principals. Providing assistance to local educational agencies for the development and implementation of high-quality professional development programs for principals that enable the principals to be effective school leaders and prepare all students to meet challenging State academic content and student academic achievement standards, and the development and support of school leadership academies to develop educational leaders. Supporting efforts to train teachers and principals to effectively integrate technology into curricula and instruction. Providing training, technical assistance, and capacity building to local educational agencies that receive a subgrant under this title. Other activities identified by the State that meet the purpose of this part. In order to receive an allotment under this section for any fiscal year, a State shall submit a plan to the Secretary, at such time, in such manner, and containing such information as the Secretary may reasonably require. Each plan described under paragraph
(1)shall include the following: A description of how the State educational agency will use funds received under this title for State-level activities described in subsection (c). An assurance that the State educational agency will monitor the implementation of activities under this title and provide technical assistance to local educational agencies in carrying out such activities. An assurance that the State educational agency will work in consultation with the entity responsible for teacher professional standards, certification, and licensing, to ensure that the State activities carried out under this subpart are carried out in conjunction with the entity responsible for such standards, certification, and licensing under State law. A State educational agency that receives a grant under this title for a fiscal year shall provide the amount made available under section 2104(c)(1) to award subgrants to local educational agencies from allocations described in paragraph (2). From the funds described in paragraph (1), the State educational agency shall allocate to each of the eligible local educational agencies in the State for a fiscal year the sum of— an amount that bears the same relationship to 20 percent of the funds for such fiscal year 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 funds for such fiscal year 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. Of the amount received under paragraph (2), a local educational agency may use not more than 2 percent for the direct administrative costs of carrying out its responsibilities under this title. To be eligible to receive a subgrant under this section, 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. To be eligible to receive a subgrant under this subpart, a local educational agency shall conduct a comprehensive needs assessment of the local educational agency and of all schools within the jurisdiction of the local educational agency. Such needs assessment shall be designed to determine the schools with the most acute staffing needs related to— increasing the number of teachers and principals who are effective in improving student academic achievement; ensuring that low-income and minority students are served by effective teachers and principals and have access to a high-quality instructional program in the core academic subjects; hiring, retention, and promotion; understanding and using data and assessments to improve student learning and classroom practice; improving student behavior in the classroom and school, including the identification of early and appropriate interventions; and teaching students who are English language learners and students with disabilities. In conducting a needs assessment as described in paragraph (2), a local educational agency shall— involve teachers, principals, pupil services personnel, parents, community-based organizations, and others with relevant and demonstrated expertise in programs and activities designed to meet the purpose of this part; and take into account the activities that need to be conducted in order to give teachers and principals the skills to provide students with the opportunity to meet challenging State standards. A local educational agency shall consult with such individuals and organizations described in subparagraph
(A)on an ongoing basis in order to— seek advice regarding how best to improve the local educational agency’s activities to meet the purpose of this part; and coordinate the local educational agency’s activities under this part with other related strategies, programs, and activities being conducted in the community. Each application submitted under this section shall be based on the results of the needs assessment required under paragraph
(2)and shall include the following: A description of the results of the comprehensive needs assessment carried out under paragraph (2). A description of the activities to be carried out by the local educational agency under this section and how these activities will be aligned with the State’s challenging academic standards. An assurance that such activities will comply with the principles of effectiveness described in section 2106(b). A description of the professional development activities that will be made available to teachers and principals to meet needs identified by the needs assessment described in paragraph (2). A description of how the local educational agency will support efforts to train teachers and principals to effectively integrate technology into curricula and instruction. An assurance that the local educational agency will comply with section 9501 (regarding participation by private school children and teachers). A description of how the local educational agency will prioritize funds to schools served by the agency that are identified under section 1114(a)(1)(B) and have the highest percentage or number of children counted under section 1124(c). An assurance that the local educational agency will coordinate professional development activities authorized under this subpart with professional development activities provided through other Federal, State, and local programs. A local educational agency that receives a subgrant under section 2105 shall use the funds made available through the subgrant to develop, implement, and evaluate comprehensive programs and activities, which may be carried out through a grant or contract with a for-profit or nonprofit entity, that are in accordance with the purposes of this title and— meet the needs identified in the needs assessment described in 2105(b)(2); are consistent with the principles of effectiveness described in subsection (b); and may include, among other programs and activities— developing or improving a rigorous, transparent, and fair evaluation system for teachers and principals that shall be based in significant part on evidence of student achievement, and may include student growth as a significant factor; developing and implementing initiatives to assist in recruiting, hiring, and retaining highly effective teachers and principals, particularly in high-poverty schools with high percentages of ineffective teachers and high percentages of students who do not meet State-determined proficient levels of achievement in the core academic subjects, including initiatives that provide— differential, incentive, or bonus pay for teachers in high-need academic subject areas and specialty areas; performance-based pay systems for teachers and principals; teacher advancement, professional growth, and emphasis on multiple career paths and pay differentiation; and new teacher and principal induction and mentoring programs that are designed to improve instruction, student learning and achievement, and to increase teacher and principal retention; recruiting qualified individuals from other fields, including mid-career professionals from other occupations, former military personnel, and recent graduates of an institution of higher education with a record of academic distinction who demonstrate potential to become effective teachers or principals; establishing, improving, or expanding model instructional programs in the core academic subjects to ensure that all children receive a well-rounded and complete education; providing high-quality professional development for teachers and principals focused on improving teaching and student learning and achievement in the core academic subjects, including supporting efforts to train teachers and principals to effectively integrate technology into curricula and instruction; developing programs and activities that increase the ability of teachers to effectively teach students with disabilities, including students with significant cognitive disabilities, which may include the use of response to intervention and positive behavioral intervention and supports, and students who are English language learners so that such students can meet the State's challenging academic content and student academic achievement standards; providing students with increased access to up-to-date school library materials, a well-equipped, technologically advanced school library media center, and well-trained professionally certified school library media specialist; providing programs and activities to help students prepare for postsecondary level coursework in the core academic subjects, including early college or dual enrollment programs, Advanced Placement and International Baccalaureate programs, and other advanced learning programs, including programs to meet the educational needs of gifted and talented students; providing programs that support extended learning opportunities in the core academic subjects, including before and after school programs, summer school programs, and programs that extend the school day, week, or school-year calendar; providing general liability insurance coverage for the purchase by teachers related to actions performed in their scope of duties; and carrying out other activities identified by the local educational agencies that meet the purpose of this part. For a program or activity developed pursuant to this title to meet the principles of effectiveness, such program or activity shall— be based upon an assessment of objective data regarding the need for programs and activities in the schools to be served to— increase the number of teachers and principals who are effective in improving student academic achievement; and ensure that low-income and minority students are served by effective teachers and principals and have access to a high-quality instructional program in the core academic subjects; be based upon an established set of performance measures aimed at ensuring that all students receive a high-quality education in the core academic subjects, taught by effective teachers, that result in improved student academic achievement in the school served by the program; reflect, to the extent practicable, scientifically valid research, or in the absence of a strong research base, reflect best practices in the field, that provides evidence that the program or activity will improve student academic achievement in the core academic subjects; and include meaningful and ongoing consultation with and input from teachers, principals, and parents, in the development of the application and administration of the program or activity. The program or activity shall undergo a periodic evaluation to assess its progress toward achieving the goal of providing students with a high-quality education in the core academic subjects, taught by effective teachers, that results in improved student academic achievement. The results of evaluations described under subparagraph
(A)shall be— used to refine, improve, and strengthen the program or activity, and to refine the performance measures; and made available to the public upon request, with public notice of such availability provided. Each State educational agency receiving funds under this title shall submit to the Secretary a report that provides— the number of teachers and principals in the State who are licensed and certified; the number of teachers in the State who are licensed and certified to teach in their field of study; the number of teachers and principals in the State who have received emergency licensure; the passage rate of teacher and principal licensure examinations; and if applicable, results of teacher and principal evaluation systems. Each local educational agency receiving funds under this title shall submit to the State educational agency such information that the State requires, which shall include the information listed in subsection (a). The reports and information provided under subsections
(a)and
(b)shall be made readily available to the public. The purpose of this section is to promote innovative instruction and learning strategies by nationally recognized organizations with a proven track record of effectiveness in providing preparation and professional development activities and programs for teachers and principals, particularly in underserved areas. From the funds reserved by the Secretary under section 2103(b) to carry out this section, the Secretary may reserve not more than 20 percent to carry out directly or through grants and contracts— technical assistance to States and local educational agencies carrying out activities under this part; and national evaluations of activities carried out by States and local educational agencies under this part. From the funds reserved by the Secretary under section 2103(b), and not reserved under subsection (b), the Secretary shall award grants, on a competitive basis, to eligible entities for the purposes of— providing teachers and school leaders from non-traditional preparation and certification routes to serve in traditionally underserved local education agencies; providing professional development activities that addresses literacy, numeracy, remedial, or other needs of local education agencies and their students; or making freely available services and learning opportunities to local education agencies through partnerships and cooperative agreements or by making publicly accessible through the Internet or other widely available means. A grant awarded by the Secretary to an eligible entity under this section shall be of sufficient size, for a period of not more than 3 years, and may be renewed by the Secretary for an additional 2 year period. The Secretary shall ensure that reach eligible entity will serve different areas, including urban, suburban, and rural areas. The Secretary may not award more than one grant to an eligible entity during a grant period. An eligible entity that receives a grant under this section, shall provide, from non-Federal sources, not less than 50 percent of the funds for the total cost for each year of activities carried out under this section. An eligible entity that receives a grant under this section may meet the requirement of paragraph
(1)by providing contributions in cash or in kind, fairly evaluated, including plant, equipment, and services. The Secretary may waive or modify the requirement of paragraph
(1)in cases of demonstrated financial hardship. In order to receive a grant under this section, an eligible entity shall submit an application to the Secretary in such time and in such manner that the Secretary may require, which shall include, at a minimum, a certification that the eligible entity will provide services to the local educational agency and schools it serves at no cost to its students or parents. In this section, the term eligible entity means— an institution of higher education, as defined in section 102 of the Higher Education Act of 1965, that provides course materials or resources that are research proven in increasing academic achievement; or a national nonprofit or for-profit organization with a demonstrated track record of raising student academic achievement, graduation rates, and college-going rates. Nothing in this title shall be construed to authorize the Secretary or any other officer or employee of the Federal Government to mandate, direct, control, or exercise any direction or supervision over a State, local educational agency, or school’s instructional content or materials, curriculum, program of instruction, academic content and student academic achievement standards, or academic assessments. Funds made available under this title shall be used to supplement, and not supplant, non-Federal funds that would otherwise be used for activities authorized under this title. The purposes of this part are— to assist States, local educational agencies, and nonprofit organizations to develop, implement, improve, or expand comprehensive performance-based compensation systems for teachers and principals, especially for teachers and principals in high-need schools, who raise student academic achievement and close the achievement gap; and to study and review performance-based compensation systems for teachers and principals to evaluate the effectiveness, fairness, quality, consistency, and reliability of the systems. In this part: The term eligible entity means— a local educational agency or a consortium of local educational agencies, including 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 part; or a partnership consisting of— one or more agencies described in subparagraph
(A)or (B); and at least 1 nonprofit or for-profit organization. The term high-need local educational agency means a local educational agency— that serves not fewer than 10,000 children from families with incomes below the poverty line; or for which not less than 20 percent of the children served by the agency are from families with incomes below the poverty line; and for which there is a high percentage of teachers not teaching in the academic subjects or grade levels that the teachers were trained to teach; or for which there is a high percentage of teachers with emergency, provisional, or temporary certification or licensing. The term high-need school means a school that— is located in an area in which the percentage of students from families with incomes below the poverty line is 30 percent or more; or has a high percentage of out-of-field teachers; is within the top quartile of elementary schools and secondary schools statewide, as ranked by the number of unfilled, available teaching positions at the schools; has a high teacher turnover rate; or has a high percentage of teachers who are not certified or licensed. The term performance-based compensation system means a system of compensation for teachers and principals that— differentiates levels of compensation primarily on the basis of measurable increases in student academic achievement; and may include— differentiated levels of compensation on the basis of effective teachers’ and principals’ employment and success in hard-to-staff schools or high-need subject areas; and recognition of the skills and knowledge of teachers and principals as demonstrated through— successful fulfillment of additional responsibilities or job functions; and evidence of high achievement and mastery of content knowledge and superior teaching skills. 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 agencies to develop, implement, improve, or expand a performance-based compensation system in a school served by a project under this part. In awarding a grant under this part, the Secretary shall give priority to an eligible entity that concentrates the activities proposed to be assisted under the grant on teachers and principals serving in high-need schools. 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— a description of the performance-based compensation system that the eligible entity proposes to develop, implement, improve, or expand; a description and evidence of the support and commitment, from teachers and principals in the school to be served by the project, the community, and the local educational agency, for the performance-based compensation system, including a demonstration of consultation with teachers and principals on the development and implementation of the performance-based compensation system; a description of how the eligible entity will develop and implement a fair, rigorous, and objective process to evaluate teacher, principal, and student performance under the project, including the baseline performance against which evaluations of improved performance will be made; 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; a description of how the eligible entity will continue the performance-based compensation system assisted under the grant after the grant ends; a description, if applicable, of how the eligible entity will define effective for the purposes of section 2201(b)(4)(B)(i), through the use of measurable indicators, that are based in significant part on measures of student academic achievement; and 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. An eligible entity that receives a grant under this part shall use the grant funds to develop, implement, improve, or expand, in collaboration with teachers, principals, other school administrators, and members of the public, a performance-based compensation system consistent with this part. Grant funds under this part may be used for the following: Developing appraisal systems that reflect clear and fair measures of teacher and principal performance based on demonstrated improvements in student academic achievement. Conducting outreach within a local educational agency or a State to gain input on how to construct the appraisal system and to develop support for the appraisal system. Paying, as part of a comprehensive performance-based compensation system, 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— teachers and principals who raise student academic achievement; teachers who— raise student academic achievement; and teach in high-need schools; or teach subjects that are difficult to staff; or principals who raise student academic achievement in the school and serve in high-need schools. 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 once. To the extent practicable, the Secretary shall ensure an equitable geographic distribution of grants under this part. Each eligible entity that receives a grant under this part shall provide, from non-Federal sources, an amount equal to 50 percent of the amount of the grant (which may be provided in cash or in-kind) to carry out the activities supported by the grant. Grant funds provided under this part shall be used to supplement, not supplant, other Federal or State funds available to carry out activities described in this part. Each eligible entity receiving a grant under this part shall provide to the Secretary a summary of the activities assisted under the grant. The Secretary shall provide to Congress an annual report on the implementation of the program assisted under this part, including— information on eligible entities that received grant funds under this part, including— information provided by eligible entities to the Secretary in the applications submitted under section 2202(c); the summaries received under subsection (a); and grant award amounts; student academic achievement data; and such other information as the Secretary may include. The Secretary shall, through a grant or contract, carry out an independent evaluation to measure the effectiveness of the program assisted under this part. The evaluation under paragraph
(1)shall measure— the effectiveness of the program in improving student academic achievement; the satisfaction of the participating teachers or principals; and the extent to which the program assisted the eligible entities in recruiting and retaining high-quality teachers and principals, especially in hard-to-staff subject areas. Of the total amount reserved under section 2103(c) for this part for a fiscal year, the Secretary may reserve for such fiscal year not more than 1 percent for the cost of the evaluation under section 2203(c) and for technical assistance in carrying out this part. .
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Sec. 201
High-quality teachers and principals
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