Sec. 2002. Fund for the improvement of teaching and learning
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/bill/114/s/1177/pcs/section-2002A 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 by striking title II (as amended by section 2001) and inserting the following: The purpose of this title is to improve student academic achievement by— increasing the ability of local educational agencies, schools, teachers, principals, and other school leaders to provide a well-rounded and complete education for all students; improving the quality and effectiveness of teachers, principals, and other school leaders; increasing the number of teachers, principals, and other school leaders who are effective in improving student academic achievement in schools; and ensuring that low-income and minority students are served by effective teachers, principals, and other school leaders and have access to a high-quality instructional program.
In this title: The term school leader residency program means a school-based principal, school leader, or principal and school leader preparation program in which a prospective principal or school leader— for 1 academic year, engages in sustained and rigorous clinical learning with substantial leadership responsibilities and an opportunity to practice and be evaluated in an authentic school setting; and during that academic year— participates in research-based coursework that is integrated with the clinical residency experience; and receives ongoing support from a mentor principal or school leader who is effective.
The term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. The term teacher residency program means a school-based teacher preparation program in which a prospective teacher— for not less than 1 academic year, teaches alongside an effective teacher, as determined by a teacher evaluation system implemented under part A (if applicable), who is the teacher of record for the classroom; receives concurrent instruction during the year described in subparagraph (A)— through courses that may be taught by local educational agency personnel or by faculty of the teacher preparation program; and in the teaching of the content area in which the teacher will become certified or licensed; and acquires effective teaching skills, as demonstrated through completion of a residency program, or other measure determined by the State, which may include a teacher performance assessment.
For the purposes of carrying out part A (other than section 2105), there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2016 through 2021. For the purposes of carrying out activities authorized under section 2105, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2016 through 2021. For the purposes of carrying out part B, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2016 through 2021.
For the purposes of carrying out part C, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2016 through 2021. For the purposes of carrying out part D, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2016 through 2021. For the purposes of carrying out part E, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2016 through 2021. From the total amount appropriated under section 2003(a) 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 title; 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.
For each of fiscal years 2016 through 2021, subject to paragraph
(2)and subparagraph (C), from the funds appropriated under section 2003(a) for a fiscal year that remain after the Secretary makes the reservations under subsection (a), the Secretary shall allot to each State an amount equal to the total amount that such State received for fiscal year 2001 under— section 2202(b) of this Act (as in effect on the day before the date of enactment of the No Child Left Behind Act of 2001); and section 306 of the Department of Education Appropriations Act, 2001 (as enacted into law by section 1(a)(1) of Public Law 106–554 ). If the funds described in subparagraph
(A)are insufficient to pay the full amounts that all States are eligible to receive under subparagraph
(A)for any fiscal year, the Secretary shall ratably reduce those amounts for the fiscal year. For each of fiscal years 2016 through 2021, the amount in subparagraph
(A)shall be reduced by a percentage equal to the product of 14.29 percent and the number of years between the fiscal year for which the determination is being made and fiscal year 2015. Subject to subparagraph (B), for any fiscal year for which the funds appropriated under section 2003(a) and not reserved under subsection
(a)exceed the total amount required to make allotments under paragraph (1), the Secretary shall allot to each State the sum of— an amount that bears the same relationship to 20 percent of the excess 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 excess 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 subparagraph
(A)may receive less than one-half of 1 percent of the total excess amount allotted under such subparagraph for a fiscal year. For fiscal year 2022 and each of the succeeding fiscal years, the Secretary shall allot funds appropriated under section 2003(a) and not reserved under subsection
(a)to each State in accordance with paragraph (2). If any State does not apply for 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. Except as provided for under paragraph (3), each State that receives an allotment under subsection
(b)for a fiscal year shall reserve not less than 95 percent of such allotment to make subgrants to local educational agencies for such fiscal year, as described in section 2102. 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 part. Notwithstanding paragraph
(1)and in addition to funds otherwise available for activities under paragraph (4), a State educational agency may reserve not more than 3 percent of the amount reserved for subgrants to local educational agencies under paragraph
(1)for activities for principals and other school leaders described in paragraph (4), if such reservation would not result in a lower allocation to local educational agencies under section 2102, as compared to such allocation for the preceding fiscal year. The State educational agency for a State that receives an allotment under subsection
(b)may use funds not reserved under paragraph
(1)to carry out 1 or more of the activities described in subparagraph (B), which may be implemented in conjunction with a State agency of higher education (if such agencies are separate) and carried out through a grant or contract with a for-profit or nonprofit entity, including an institution of higher education. The activities described in this subparagraph are the following: Reforming teacher, principal, and other school leader certification, recertification, licensing, or tenure systems or preparation program standards and approval processes to ensure that— teachers have the necessary subject matter knowledge and teaching skills, as demonstrated through measures determined by the State, which may include teacher performance assessments, in the academic subjects that the teachers teach to help students meet challenging State academic standards described in section 1111(b)(1); principals and other school leaders have the instructional leadership skills to help teachers teach and to help students meet such challenging State academic standards; and teacher certification or licensing requirements are aligned with such challenging State academic standards. Developing, improving, or providing assistance to local educational agencies to support the design and implementation of teacher, principal, and other school leader evaluation and support systems that are based in part on evidence of student academic achievement, which may include student growth, and shall include multiple measures of educator performance and provide clear, timely, and useful feedback to teachers, principals, and other schools leaders, such as by— developing and disseminating high-quality evaluation tools, such as classroom observation rubrics, and methods, including training and auditing, for ensuring inter-rater reliability of evaluation results; developing and providing training to principals, other school leaders, coaches, mentors, and evaluators on how to accurately differentiate performance, provide useful and timely feedback, and use evaluation results to inform decisionmaking about professional development, improvement strategies, and personnel decisions; and developing a system for auditing the quality of evaluation and support systems. Improving equitable access to effective teachers, principals, and other school leaders. Carrying out programs that establish, expand, or improve alternative routes for State certification of teachers (especially for teachers of children with disabilities, English learners, science, technology, engineering, mathematics, or other areas where the State demonstrates a shortage of educators), principals, and other school leaders, for— individuals with a baccalaureate or master’s degree, or other advanced degree; mid-career professionals from other occupations; paraprofessionals; former military personnel; and recent graduates of institutions of higher education with records of academic distinction who demonstrate the potential to become highly effective teachers, principals, or other school leaders. Developing, improving, and implementing mechanisms to assist local educational agencies and schools in effectively recruiting and retaining teachers, principals, and other school leaders who are effective in improving student academic achievement, including highly effective teachers from underrepresented minority groups and teachers with disabilities, such as through— opportunities for a cadre of effective teachers to lead evidence-based professional development for their peers; career opportunities for teachers to grow as leaders, including hybrid roles that allow teachers to voluntarily serve as mentors or academic coaches while remaining in the classroom; and providing training and support for teacher leaders and school leaders who are recruited as part of instructional leadership teams. 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— teacher advancement initiatives that promote professional growth and emphasize multiple career paths, such as school leadership, mentoring, involvement with school improvement, and instructional coaching; strategies that provide differential pay, or other incentives, to recruit and retain teachers in high-need academic subjects and teachers, principals, or other school leaders, in low-income schools and school districts, which may include performance-based pay systems; and new teacher, principal, and other school leader induction and mentoring programs that are evidence-based and designed to— improve classroom instruction and student learning and achievement; increase the retention of effective teachers, principals, and other school leaders; improve school leadership to improve classroom instruction and student learning and achievement; and provide opportunities for teachers, principals, and other school leaders who are experienced, effective, and have demonstrated an ability to work with adult learners to be mentors. 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 and prepare all students to meet the challenging State academic standards described in section 1111(b)(1); and the development and support of other school leadership programs to develop educational leaders. Supporting efforts to train teachers, principals, and other school leaders to effectively integrate technology into curricula and instruction, which may include blended learning projects that include an element of online learning, combined with supervised learning time and student-led learning, in which the elements are connected to provide an integrated learning experience. Providing training, technical assistance, and capacity-building to local educational agencies that receive a subgrant under this part. Supporting teacher, principal, and other school leader residency programs. Reforming or improving teacher, principal, and other school leader preparation programs. Supporting the instructional services provided by school librarians. Supporting other activities identified by the State that are evidence-based and that meet the purpose of this title. 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). A description of the State’s system of certification, licensing, and professional growth and improvement, such as clinical experience for prospective educators, support for new educators, professional development, professional growth and leadership opportunities, and compensation systems for teachers, principals, and other educators. A description of how activities under this part are aligned with challenging State academic standards and State assessments under section 1111, which may include, as appropriate, relevant State early learning and developmental guidelines, as required under section 658E(c)(2)(T) of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858c(c)(2)(T) ). A description of how the activities using funds under this part are expected to improve student achievement. If a State educational agency plans to use funds under this part to improve equitable access to effective teachers, principals, and other school leaders, a description of how such funds will be used to meet the State’s commitment described in section 1111(c)(1)(F) to ensure equitable access to effective teachers, principals, and school leaders. An assurance that the State educational agency will monitor the implementation of activities under this part 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 and principal professional standards, certification, and licensing for the State, and encourage collaboration between educator preparation programs, the State, and local educational agencies to promote the readiness of new educators entering the profession. A description of how the State educational agency will improve the skills of teachers, principals, and other school leaders in order to enable them to identify students with specific learning needs, particularly students with disabilities, English learners, students who are gifted and talented, and students with low literacy levels, and provide instruction based on the needs of such students. A description of how the State will use data and ongoing consultation with and input from teachers and teacher organizations, principals, other school leaders, specialized instructional support personnel, parents, community partners, and (where applicable) institutions of higher education, to continually update and improve the activities supported under this part. In developing the State plan under this subsection, a State shall— involve teachers, teacher organizations, principals, other school leaders, specialized instructional support personnel, parents, community partners, and other organizations or partners with relevant and demonstrated expertise in programs and activities designed to meet the purpose of this title; and seek advice from the individuals, organizations, or partners described in subparagraph
(A)regarding how best to improve the State's activities to meet the purpose of this title; and coordinate the State's activities under this part with other related strategies, programs, and activities being conducted in the State. Nothing in this section shall be construed to authorize the Secretary or any other officer or employee of the Federal Government to mandate, direct, or control any of the following: The development, improvement, or implementation of elements of any teacher, principal, or school leader evaluation systems. Any State or local educational agency’s definition of teacher, principal, or other school leader effectiveness. Any teacher, principal, or other school leader professional standards, certification, or licensing. From funds reserved by a State under section 2101(c)(1) for a fiscal year, the State, acting through the State educational agency, shall award subgrants to eligible 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 such funds for such fiscal year as the number of individuals aged 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 eligible 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 aged 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 eligible local educational agencies in the State, as so determined. Of the amounts allocated to a local educational agency under paragraph (2), the local educational agency may use not more than 2 percent for the direct administrative costs of carrying out its responsibilities under this part. Nothing in this section shall be construed to prohibit a consortium of local educational agencies that are designated with a school locale code of 41, 42, or 43, or such local educational agencies designated with a school locale code of 41, 42, or 43 that work in cooperation with an educational service agency, from voluntarily combining allocations received under this part for the collective use of funding by the consortium for activities under this section. To be eligible to receive a subgrant under this section, a local educational agency shall conduct a needs assessment described in paragraph
(2)and 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 section, a local educational agency shall periodically conduct a comprehensive needs assessment of the local educational agency and of all schools served by the local educational agency. The needs assessment under subparagraph
(A)shall be designed to determine the schools with the most acute staffing needs related to— increasing the number of teachers, principals, and other school leaders who are effective in improving student academic achievement; ensuring that low-income and minority students are not disproportionately served by ineffective teachers, principals, and other school leaders; ensuring that low-income and minority students have access to a high-quality instructional program and appropriate class sizes that are evidence-based; hiring, retention, and advancement and leadership opportunities for effective teachers, principals, and other school leaders; supporting and developing all educators, including preschool, kindergarten, elementary, middle, or high school teachers (including special education teachers), principals, other school leaders, early childhood directors, specialized instructional support personnel, paraprofessionals, or other staff members who provide or directly support instruction; understanding and using data and assessments to improve student learning and classroom practice; improving student behavior, including the response of teachers, principals, and other school leaders to student behavior, in the classroom and school, including the identification of early and appropriate interventions, which may include positive behavioral interventions and supports; teaching students who are English learners, children who are in early childhood education programs, children with disabilities, American Indian children, Alaskan Native children, and gifted and talented students; ensuring funds are used to support schools served by the local educational agency that are identified under section 1114(a)(1)(A) and schools with high percentages or numbers of children counted under section 1124(c); improving the academic and non-academic skills of all students essential for learning readiness and academic success; and any other evidence-based factors that the local educational agency determines are appropriate to meet the needs of schools within the jurisdiction of the local educational agency and meet the purpose of this title. In conducting a needs assessment described in paragraph (2), a local educational agency shall— involve teachers, teacher organizations, principals, and other school leaders, specialized instructional support personnel, parents, community partners, and others with relevant and demonstrated expertise in programs and activities designed to meet the purpose of this title; and take into account the activities that need to be conducted in order to give teachers, principals, and other school leaders the skills to provide students with the opportunity to meet challenging State academic standards described in section 1111(b)(1). A local educational agency receiving a subgrant under this section 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 title; 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 paragraph
(1)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 challenging State academic standards described in section 1111(b)(1). A description of how such activities will comply with the principles of effectiveness described in section 2103(c). A description of the activities, including professional development, that will be made available to meet needs identified by the needs assessment described in paragraph (2). A description of the local educational agency’s systems of hiring and professional growth and improvement, such as induction for teachers, principals, and other school leaders. A description of how the local educational agency will support efforts to train teachers, principals, and other school leaders to effectively integrate technology into curricula and instruction. 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)(A) and have the highest percentage or number of children counted under section 1124(c). Where a local educational agency has a significant number of schools identified under section 1114(a)(1)(A), as determined by the State, a description of how the local educational agency will seek the input of the State educational agency in planning and implementing activities under this part. An assurance that the local educational agency will comply with section 9501 (regarding participation by private school children and teachers). An assurance that the local educational agency will coordinate professional development activities authorized under this part with professional development activities provided through other Federal, State, and local programs. A local educational agency that receives a subgrant under section 2102 shall use the funds made available through the subgrant to develop, implement, and evaluate comprehensive, evidence-based programs and activities described in subsection (b), which may be carried out through a grant or contract with a for-profit or nonprofit entity, in partnership with an institution of higher education, or in partnership with an Indian tribe or tribal organization (as defined under section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b )). The activities described in this subsection— shall meet the needs identified in the needs assessment described in section 2102(b)(2); shall be in accordance with the purpose of this title, evidence-based, and consistent with the principles of effectiveness described in subsection (c); shall address the learning needs of all students, including children with disabilities, English learners, and gifted and talented students; and may include, among other programs and activities— developing or improving a rigorous, transparent, and fair evaluation and support system for teachers, principals, and other school leaders that is based in part on evidence of student achievement, which may include student growth, and shall include multiple measures of educator performance and provide clear, timely, and useful feedback to teachers, principals, and other schools leaders; developing and implementing initiatives to assist in recruiting, hiring, and retaining highly effective teachers, principals, and other school leaders, particularly in low-income schools with high percentages of ineffective teachers and high percentages of students who do not meet the challenging State academic standards described in section 1111(b)(1), to improve within-district equity in the distribution of teachers, principals, and school leaders consistent with the requirements of section 1111(c)(1)(F), such as initiatives that provide— expert help in screening candidates and enabling early hiring; differential and incentive pay for teachers, principals, and other school leaders in high-need academic subject areas and specialty areas, which may include performance-based pay systems; teacher, paraprofessional, principal, and other school leader advancement and professional growth, and an emphasis on leadership opportunities, multiple career paths and pay differentiation; new teacher, principal, and other school leader induction and mentoring programs that are designed to— improve classroom instruction and student learning and achievement; increase the retention of effective teachers, principals, and other school leaders; improve school leadership to improve classroom instruction and student learning and achievement; and provide opportunities for mentor teachers, principals, and other educators who are experienced, effective, and have demonstrated an ability to work with adult learners; the development and provision of training for school leaders, coaches, mentors and evaluators on how to accurately differentiate performance, provide useful feedback, and use evaluation results to inform decisionmaking about professional development, improvement strategies, and personnel decisions; and a system for auditing the quality of evaluation and support systems; recruiting qualified individuals from other fields to become teachers, principals, or other school leaders including mid-career professionals from other occupations, former military personnel, and recent graduates of institutions of higher education with a record of academic distinction who demonstrate potential to become effective teachers, principals, or other school leaders; reducing class size to an evidence-based level to improve student achievement through the recruiting and hiring of additional effective teachers; providing high-quality, personalized professional development for teachers, instructional leadership teams, principals, and other school leaders, focused on improving teaching and student learning and achievement, including supporting efforts to train teachers, principals, and other school leaders to— effectively integrate technology into curricula and instruction; use data from such technology to improve student achievement; effectively engage parents, families and community partners, and coordinate services between school and community; and help all students develop the academic and nonacademic skills essential for learning readiness and academic success; developing programs and activities that increase the ability of teachers to effectively teach children with disabilities, including children with significant cognitive disabilities, which may include the use of multi-tier systems of support and positive behavioral intervention and supports, and students who are English learners, so that such children with disabilities and students who are English learners can meet the challenging State academic standards described in section 1111(b)(1); providing programs and activities to increase the knowledge base of teachers and principals on instruction in the early grades, and strategies to measure whether young children are progressing, which may include providing joint professional learning activities for school staff and educators in preschool programs that address the transition to elementary school; providing training, technical assistance, and capacity-building in local educational agencies to assist teachers and school leaders with selecting and implementing formative assessments, designing classroom-based assessments, and in using data from such assessments to improve instruction and student academic achievement, which may include providing additional time for teachers to review student data and respond, as appropriate; supporting teacher, principal, and school leader residency programs; reforming or improving teacher, principal, and other school leader preparation programs; 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; providing training to support the identification of students who are gifted and talented, including high-ability students who have not been formally identified for gifted education services, and implementing instructional practices that support the education of such students, such as early entrance to kindergarten, enrichment, acceleration, and curriculum compacting activities, and dual enrollment in secondary school and postsecondary education; supporting the instructional services provided by school librarians; providing general liability insurance coverage for teachers related to actions performed in the scope of their duties; and carrying out other evidence-based activities identified by the local educational agencies that meet the purpose of this title. For a program or activity supported with funds provided under this part 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, principals, and other school leaders who are effective in improving student academic achievement; ensure that low-income and minority students are served by effective teachers, principals, and other school leaders; and ensure that low-income and minority students have access to a high-quality instructional program; be based upon established and evidence-based criteria— aimed at ensuring that all students receive a high-quality education taught by effective teachers and attend schools led by effective principals and other school leaders; and that result in improved student academic achievement in the school served by the program or activity; and include meaningful and ongoing consultation with and input from teachers, teacher organizations, principals, other school leaders, specialized instructional support personnel, parents, community partners, and (where applicable) institutions of higher education, in the development of the application and administration of the program or activity. A program or activity carried out under this section shall undergo a periodic evaluation to assess its progress toward achieving the goal of providing students with a high-quality education, taught by effective teachers, in schools led by effective principals and school leaders that results in improved student academic achievement. The results of an evaluation described in subparagraph
(A)shall be— used to refine, improve, and strengthen the program or activity, and to refine the criteria described in paragraph (1)(B); and made available to the public upon request, with public notice of such availability provided. Nothing in this subsection shall be construed to authorize the Secretary or any other officer or employee of the Federal Government to mandate, direct, or control the principles of effectiveness developed by local educational agencies under paragraph
(1)or the specific programs or activities that will be implemented by a local educational agency. Each State educational agency receiving funds under this part shall annually submit to the Secretary a report that provides— the number and percent of teachers, principals, and other school leaders in the State and each local educational agency in the State who are licensed or certified, provided such information does not reveal personally identifiable information; the first-time passage rate of teachers and principals in the State and each local educational agency in the State on teacher and principal licensure examinations, provided such information does not reveal personally identifiable information; a description of how chosen professional development activities improved teacher and principal performance; and if funds are used under this part to improve equitable access to teachers, principals, and other school leaders for low-income and minority students, a description of how funds have been used to improve such access. Each local educational agency receiving funds under this part shall submit to the State educational agency such information that the State requires, which shall include the information described in subsection
(a)for the local educational agency. The reports and information provided under subsections
(a)and
(b)shall be made readily available to the public. The reports and information provided under subsections
(a)and
(b)shall not reveal personally identifiable information about any individual. From the funds appropriated under section 2003(b) to carry out this section, the Secretary— may reserve not more than 20 percent to carry out activities under subsection (b); shall reserve not less than 40 percent to carry out activities under subsection (c); and shall reserve not less than 40 percent to carry out activities under subsection (d). From the funds reserved by the Secretary under subsection (a)(1), the Secretary may carry out— technical assistance to States and local educational agencies carrying out activities under this part, which may be carried out directly or through grants and contracts; and evaluations of activities carried out by States and local educational agencies under this part, which shall be conducted by a third party or by the Institute of Education Sciences. From the funds reserved by the Secretary under subsection (a)(2), the Secretary shall award grants, on a competitive basis, to eligible entities for the purposes of— providing teachers, principals, and other school leaders from nontraditional preparation and certification routes or pathways to serve in traditionally underserved local educational agencies; providing evidence-based professional development activities that addresses literacy, numeracy, remedial, or other needs of local educational agencies and the students the agencies serve; making freely available services and learning opportunities to local educational agencies, through partnerships and cooperative agreements or by making the services or opportunities publicly accessible through electronic means; or providing teachers, principals, and other school leaders with evidence-based professional enhancement activities, which may include activities that lead to an advanced credential. A grant awarded by the Secretary to an eligible entity under this subsection shall be for a period of not more than 3 years. The Secretary may renew a grant awarded under this subsection for 1 additional 2-year period. In awarding grants under this subsection, the Secretary shall ensure that, to the extent practicable, grants are distributed among eligible entities that will serve geographically diverse areas, including urban, suburban, and rural areas. The Secretary shall not award more than 1 grant under this subsection to an eligible entity during a grant competition. An eligible entity that receives a grant under this subsection shall provide, from non-Federal sources, not less than 25 percent of the funds for the total cost for each year of activities carried out under this subsection. An eligible entity that receives a grant under this subsection may meet the requirement of subparagraph
(A)by providing contributions in cash or in-kind, fairly evaluated, including plant, equipment, and services. The Secretary may waive or modify the requirement of subparagraph
(A)in cases of demonstrated financial hardship. In order to receive a grant under this subsection, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information that the Secretary may reasonably require. Such application shall include, at a minimum, a certification that the services provided by an eligible entity under the grant to a local educational agency or to a school served by the local educational agency will not result in direct fees for participating students or parents. In this subsection, the term eligible entity means— an institution of higher education that provides course materials or resources that are evidence-based in increasing academic achievement, graduation rates, or rates of postsecondary education matriculation; a national nonprofit entity with a demonstrated track record of raising student academic achievement, graduation rates, and rates of higher education attendance, matriculation, or completion, or of effectiveness in providing preparation and professional development activities and programs for teachers, principals, and other school leaders; or a partnership consisting of— 1 or more entities described in subparagraph
(A)or (B); and a for-profit entity. From the funds reserved by the Secretary under subsection (a)(3), the Secretary shall award grants, on a competitive basis to eligible entities to enable such entities to improve the recruitment, preparation, placement, support, and retention of effective principals and other school leaders in high-need schools, which may include— developing or implementing leadership training programs designed to prepare and support principals and other school leaders in high-need schools, including through new or alternative pathways and school leader residency programs; developing or implementing programs or activities for recruiting, selecting, and developing aspiring or current principals and other school leaders to serve in high-need schools; developing or implementing programs for recruiting, developing, and placing school leaders to improve schools identified for intervention and support under section 1114(a)(1)(A), including through cohort-based activities that build effective instructional and school leadership teams and develop a school culture, design, instructional program, and professional development program focused on improving student learning; providing continuous professional development for principals and other school leaders in high-need schools; developing and disseminating information on best practices and strategies for effective school leadership in high-need schools; and other evidence-based programs or activities described in section 2101(c)(3) or section 2103(b)(4) focused on principals and other school leaders in high-need schools. A grant awarded by the Secretary to an eligible entity under this subsection shall be for a period of not more than 5 years. The Secretary may renew a grant awarded under this subsection for 1 additional 2-year period. In awarding grants under this subsection, the Secretary shall ensure that, to the extent practicable, grants are distributed among eligible entities that will serve geographically diverse areas, including urban, suburban, and rural areas. The Secretary shall not award more than 1 grant under this subsection to an eligible entity during a grant competition. An eligible entity that receives a grant under this subsection shall provide, from non-Federal sources, not less than 25 percent of the funds for the total cost for each year of activities carried out under this subsection. An eligible entity that receives a grant under this subsection may meet the requirement of subparagraph
(A)by providing contributions in cash or in-kind, fairly evaluated, including plant, equipment, and services. The Secretary may waive or modify the requirement of subparagraph
(A)in cases of demonstrated financial hardship. An eligible entity that desires a grant under this subsection 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 subsection, 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 high-need schools; and remain principals in high-need schools for multiple years. In this subsection— the term eligible entity means— a local educational agency, including an educational service agency, that serves a high-need 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 a high-need school; or an entity described in clause (i), (ii), or
(iii)in partnership with 1 or more nonprofit organizations or institutions of higher education; and the term high-need school means— an elementary school in which not less than 50 percent of the enrolled students are from families with incomes below the poverty line; or a high school in which not less than 40 percent of the enrolled students are from families with incomes below the poverty line. Funds made available under this part shall be used to supplement, and not supplant, non-Federal funds that would otherwise be used for activities authorized under this part. 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 or human capital management systems for teachers, principals, and other school leaders (especially for teachers, principals, and other school leaders in high-need schools) who raise student academic achievement and close the achievement gap between high- and low-performing students; and to study and review performance-based compensation systems or human capital management systems for teachers, principals, and other school leaders to evaluate the effectiveness, fairness, quality, consistency, and reliability of the systems. In this part: The term eligible entity means— a local educational agency, including a charter school that is a local educational agency, or a consortium of local educational agencies; 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— 1 or more agencies described in subparagraph
(A)or (B); and at least 1 nonprofit or for-profit entity. The term high-need local educational agency means a local educational agency, public charter school, or charter management organization— 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, school, or organization are from families with incomes below the poverty line. The term high-need school means a public elementary school or secondary 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. The term human capital management system means a system— by which a local educational agency makes and implements human capital decisions, such as decisions on preparation, recruitment, hiring, placement, retention, dismissal, compensation, professional development, tenure, and promotion; and that includes a performance-based compensation system. The term performance-based compensation system means a system of compensation for teachers, principals, and other school leaders that— differentiates levels of compensation based in part on measurable increases in student academic achievement; and may include— differentiated levels of compensation, which may include bonus pay, on the basis of the employment responsibilities and success of effective teachers, principals, and other school leaders in hard-to-staff schools or high-need subject areas; and recognition of the skills and knowledge of teachers, principals, and other school leaders as demonstrated through— successful fulfillment of additional responsibilities or job functions, such as teacher leadership roles; and evidence of professional achievement and mastery of content knowledge and superior teaching and leadership skills. From the amounts appropriated to carry out this part, the Secretary shall award grants, on a competitive basis, to eligible entities to enable the eligible entities to develop, implement, improve, or expand performance-based compensation systems or human capital management systems, in schools served by the eligible entity. A grant awarded under this part shall be for a period of not more than 3 years. The Secretary may renew a grant awarded under this part for a period of up to 2 years if the grantee demonstrates to the Secretary that the grantee is effectively utilizing funds. Such renewal may include allowing the grantee to scale up or replicate the successful program. A local educational agency may receive (whether individually or as part of a consortium or partnership) a grant under this part only twice, as of the date of enactment of the Every Child Achieves Act of 2015. An eligible entity desiring a grant under this part shall submit an application to the Secretary, at such time, in such manner, and containing such information as the Secretary may reasonably require. The application shall include— a description of the performance-based compensation system or human capital management system that the eligible entity proposes to develop, implement, improve, or expand through the grant; a description of the most pressing gaps or insufficiencies in student access to effective teachers and school leaders in high-need schools, including gaps or inequities in how effective teachers and school leaders are distributed across the local educational agency, as identified using factors such as data on school resources, staffing patterns, school environment, educator support systems and other school level factors; a description and evidence of the support and commitment from teachers, principals, and other school leaders, which may include charter school leaders, in the school (including organizations representing teachers, principals, and other school leaders), the community, and the local educational agency to the activities proposed under the grant; a description of how the eligible entity will develop and implement a fair, rigorous, valid, reliable, and objective process to evaluate teacher, principal, school leader, and student performance under the system that is based in part on measures of student academic achievement, including the baseline performance against which evaluations of improved performance will be made; a description of the local educational agencies or schools to be served under the grant, including such student academic achievement, demographic, and socioeconomic information as the Secretary may request; a description of the quality of teachers, principals, and other school leaders in the local educational agency and the schools to be served under the grant and the extent to which the system will increase the quality of teachers, principals, and other school leaders 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, including a timeline for implementation of such activities; a description of how the eligible entity will continue the activities assisted under the grant 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, including funds under part A, and sustain the activities assisted under the grant at the end of the grant period; a description of how the proposed activities are rational and evidence-based and, if applicable, the prior experience of the eligible entity in developing and implementing such activities; and a description of how activities funded under this part will be evaluated, monitored, and publically reported. 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, principals, and other school leaders serving in high-need schools. To the extent practicable, the Secretary shall ensure an equitable geographic distribution of grants under this part, including the distribution of such grants between rural and urban areas. 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 leaders, and members of the public, a performance-based compensation system or human capital management system consistent with this part. Grant funds under this part may be used for the following: Developing or improving an evaluation and support system, including as part of a human capital management system as applicable, that— reflects clear and fair measures of teacher, principal, and other school leader performance, based in part on demonstrated improvement in student academic achievement; and provides teachers, principals, and other school leaders with ongoing, differentiated, targeted and personalized support and feedback for improvement, including professional development opportunities designed to increase effectiveness. Conducting outreach within a local educational agency or a State to gain input on how to construct an evaluation system described in subparagraph
(A)and to develop support for the evaluation system, including by training appropriate personnel in how to observe and evaluate teachers, principals, and other school leaders. Providing principals and other school leaders with— balanced autonomy to make budgeting, scheduling, and other school-level decisions in a manner that meets the needs of the school without compromising the intent or essential components of the policies of the local educational agency or State; authority to make staffing decisions that meet the needs of the school, such as building an instructional leadership team that includes teacher leaders or offering opportunities for teams or pairs of effective teachers or candidates to teach or start teaching in high-need schools together. Paying, as part of a comprehensive performance-based compensation system, a differentiated salary structure, which may include bonuses and stipends, to— teachers who— teach in high-need schools; or teach in high-need subjects; raise student academic achievement; or take on additional leadership responsibilities; or principals and other school leaders who serve in high-need schools and raise student academic achievement in the schools. Improving the local educational agency’s system and process for the recruitment, selection, placement, and retention of effective teachers and school leaders in high-need schools, such as by improving local educational agency policies and procedures to ensure that high-need schools are competitive and timely in— attracting, hiring, and retaining effective educators; offering bonuses or higher salaries to effective teachers; or establishing or strengthening residency programs. Instituting career advancement opportunities characterized by increased responsibility and pay that reward and recognize effective teachers and school leaders in high-need schools and enable them to expand their leadership and results, such as through teacher-led professional development, mentoring, coaching, hybrid roles, administrative duties, and career ladders. 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 carried out 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; and student academic achievement, and as applicable, growth data from the schools participating in the programs supported under the grant. Of the total amount reserved under section 2003(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 paragraph
(2)and for technical assistance in carrying out this part. From amounts reserved under paragraph (1), the Secretary, acting through the Director of the Institute of Education Sciences, shall carry out an independent evaluation to measure the effectiveness of the program assisted under this part. The evaluation under paragraph
(2)shall measure— the effectiveness of the program in improving student academic achievement; the satisfaction of the participating teachers, principals, and other school leaders; and the extent to which the program assisted the eligible entities in recruiting and retaining high-quality teachers, principals, and other school leaders, especially in high-need subject areas. .
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- Pub. L. 106-554
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Sec. 2002
Fund for the improvement of teaching and learning
Pub. L.Pub. L. 106-554
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