115 STAT. 1425 PUBLIC LAW 107110 JAN.
8, 2002
No Child Left Behind (NCLB) Act of 2001
Public Law 107110
TITLE II PREPARING, TRAINING, AND
RECRUITING HIGH QUALITY TEACHERS
AND PRINCIPALS
PART A TEACHER AND PRINCIPAL TRAINING AND RECRUITING
FUND
SEC. 2101. PURPOSE.
The purpose of this part is to provide grants to State educational
agencies, local educational agencies, State agencies for higher
education, and eligible partnerships in order to
(1) increase student academic achievement through strategies
such as improving teacher and principal quality and increasing
the number of highly qualified teachers in the classroom and
highly qualified principals and assistant principals in schools;
and
(2) hold local educational agencies and schools accountable for
improvements in student academic achievement.
SEC. 2102. DEFINITIONS.
In this part:
(1) ARTS AND SCIENCES. The term arts and sciences means
(A) when referring to an organizational unit of an institution
of higher education, any academic unit that offers one or more
academic majors in disciplines or content areas corresponding
to the academic subjects in which teachers teach; and
(B) when referring to a specific academic subject, the disciplines
or content areas in which an academic major is offered by an
organizational unit described in subparagraph (A).
(2) CHARTER SCHOOL. The term charter school has
the meaning given the term in section 5210.
(3) HIGH-NEED LOCAL EDUCATIONAL AGENCY.The term high-need
local educational agency means a local educational agency
(A)(i) that serves not fewer than 10,000 children from families
with incomes below the poverty line; or
(ii) for which not less than 20 percent of the children served
by the agency are from families with incomes below the poverty
line; and
(B)(i) 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
(ii) for which there is a high percentage of teachers with emergency,
provisional, or temporary certification or licensing.
(4) HIGHLY QUALIFIED PARAPROFESSIONAL.The term highly
qualified paraprofessional means a paraprofessional who
has not less than 2 years of
(A) experience in a classroom; and
(B) postsecondary education or demonstrated competence in a field
or academic subject for which there is a significant shortage
of qualified teachers.
(5) OUT-OF-FIELD TEACHER. The term out-of-field
teacher means a teacher who is teaching an academic subject
or a grade level for which the teacher is not highly qualified.
(6) PRINCIPAL. The term principal includes
an assistant principal.
SEC. 2103. AUTHORIZATIONS OF APPROPRIATIONS.
(a) GRANTS TO STATES, LOCAL EDUCATIONAL AGENCIES, AND ELIGIBLE
PARTNERSHIPS. There are authorized to be appropriated
to carry out this part (other than subpart 5) $3,175,000,000
for fiscal year 2002 and such sums as may be necessary for
each of the 5 succeeding fiscal years.
(b) NATIONAL PROGRAMS. There are authorized to be appropriated
to carry out subpart 5 such sums as may be necessary for fiscal
year 2002 and each of the 5 succeeding fiscal years.
Subpart 1 Grants to States
SEC. 2111. ALLOTMENTS TO STATES.
(a) IN GENERAL. The Secretary shall make grants to States
with applications approved under section 2112 to pay for the
Federal share of the cost of carrying out the activities specified
in section 2113. Each grant shall consist of the allotment determined
for a State under subsection (b).
(b) DETERMINATION OF ALLOTMENTS.
(1) RESERVATION OF FUNDS.
(A) IN GENERAL. From the total amount appropriated under
section 2103(a) for a fiscal year, the Secretary shall reserve
(i) one-half of 1 percent for allotments for the United States
Virgin Islands, Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands, to be distributed among those outlying
areas on the basis of their relative need, as determined by the
Secretary, in accordance with the purpose of this part; and
(ii) 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 Affairs.
(2) STATE ALLOTMENTS.
(A) HOLD HARMLESS.
(i) IN GENERAL. Subject to subparagraph (B), from the
funds appropriated under section 2103(a) for any fiscal year
and not reserved under paragraph (1), the Secretary shall allot
to each of the 50 States, the District of Columbia, and the Commonwealth
of Puerto Rico an amount equal to the total amount that such
State received for fiscal year 2001 under
(I) 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
(II) section 306 of the Department of Education Appropriations
Act, 2001 (as enacted into law by section 1(a)(1) of Public Law
106554).
(ii) RATABLE REDUCTION. If the funds described in clause
(i) are insufficient to pay the full amounts that all States
are eligible to receive under clause (i) for any fiscal year,
the Secretary shall ratably reduce those amounts for the fiscal
year.
(B) ALLOTMENT OF ADDITIONAL FUNDS.
(i) IN GENERAL. Subject to clause (ii), for any fiscal
year for which the funds appropriated under section 2103(a) and
not reserved under paragraph (1) exceed the total amount required
to make allotments under subparagraph (A), the Secretary shall
allot to each of the States described in subparagraph (A) the
sum of
(I) an amount that bears the same relationship to 35 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
(II) an amount that bears the same relationship to 65 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.
(ii) EXCEPTION. No State receiving an allotment under
clause (i) may receive less than one-half of 1 percent of the
total excess amount allotted under such clause for a fiscal year.
(3) REALLOTMENT. 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.
SEC. 2112. STATE APPLICATIONS.
(a) IN GENERAL. For a State to be eligible to receive
a grant under this part, the State educational agency shall submit
an application to the Secretary at such time, in such manner,
and containing such information as the Secretary may reasonably
require.
(b) CONTENTS. Each application submitted under this section
shall include the following:
(1) A description of how the activities to be carried out by
the State educational agency under this subpart will be based
on a review of scientifically based research and an explanation
of why the activities are expected to improve student academic
achievement.
(2) A description of how the State educational agency will ensure
that a local educational agency receiving a subgrant to carry
out subpart 2 will comply with the requirements of such subpart.
(3) A description of how the State educational agency will ensure
that activities assisted under this subpart are aligned with
challenging State academic content and student academic achievement
standards, State assessments, and State and local curricula.
(4) A description of how the State educational agency will use
funds under this part to improve the quality of the States
teachers and principals.
(5)(A) A description of how the State educational agency will
coordinate professional development activities authorized under
this part with professional development activities provided under
other Federal, State, and local programs.
(B) A description of the comprehensive strategy that the State
educational agency will use, as part of such coordination effort,
to ensure that teachers are trained in the use of technology
so that technology and applications of technology are effectively
used in the classroom to improve teaching and learning in all
curricula and academic subjects, as appropriate.
(6) A description of how the State educational agency will encourage
the development of proven, innovative strategies to deliver intensive
professional development programs that are both cost-effective
and easily accessible, such as strategies that involve delivery
through the use of technology, peer networks, and distance learning.
(7)(A) A description of how the State educational agency will
ensure compliance with the requirements for professional development
activities described in section 9101 and how the activities to
be carried out under the grant will be developed collaboratively
and based on the input of teachers, principals, parents, administrators,
paraprofessionals, and other school personnel.
(B) In the case of a State in which the State educational agency
is not the entity responsible for teacher professional standards,
certification, and licensing, an assurance 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.
(8) A description of how the State educational agency will ensure
that the professional development (including teacher mentoring)
needs of teachers will be met using funds under this subpart
and subpart 2.
(9) A description of the State educational agencys annual
measurable objectives under section 1119(a)(2).
(10) A description of how the State educational agency will use
funds under this part to meet the teacher and paraprofessional
requirements of section 1119 and how the State educational agency
will hold local educational agencies accountable for meeting
the annual measurable objectives described in section 1119(a)(2).
(11) In the case of a State that has a charter school law that
exempts teachers from State certification and licensing requirements,
the specific portion of the State law that provides for the exemption.
(12) An assurance that the State educational agency will comply
with section 9501 (regarding participation by private school
children and teachers).
(c) DEEMED APPROVAL. An application submitted by a State
educational agency pursuant to subsection (a) shall be deemed
to be approved by the Secretary unless the Secretary makes a
written determination, prior to the expiration of the 120-day
period beginning on the date on which the Secretary received
the application, that the application is not in compliance with
this subpart.
(d) DISAPPROVAL. The Secretary shall not finally disapprove
the application, except after giving the State educational agency
notice and an opportunity for a hearing.
(e) NOTIFICATION. If the Secretary finds that the application
is not in compliance, in whole or in part, with this subpart,
the Secretary shall
(1) give the State educational agency notice and an opportunity
for a hearing; and
(2) notify the State educational agency of the finding of noncompliance
and, in such notification, shall
(A) cite the specific provisions in the application that are
not in compliance; and
(B) request additional information, only as to the noncompliant
provisions, needed to make the application
compliant.
(f) RESPONSE. If the State educational agency responds
to the Secretarys notification described in subsection
(e)(2) during the 45-day period beginning on the date on which
the agency received the notification, and resubmits the application
with the requested information described in subsection (e)(2)(B),
the Secretary shall approve or disapprove such application prior
to the later of
(1) the expiration of the 45-day period beginning on the date
on which the application is resubmitted; or
(2) the expiration of the 120-day period described in subsection
(c).
(g) FAILURE TO RESPOND. If the State educational agency
does not respond to the Secretarys notification described
in subsection (e)(2) during the 45-day period beginning on the
date on which the agency received the notification, such application
shall be deemed to be disapproved.
SEC. 2113. STATE USE OF FUNDS.
(a) IN GENERAL. A State that receives a grant under section
2111 shall
(1) reserve 95 percent of the funds made available through the
grant to make subgrants to local educational agencies as described
in subpart 2;
(2) reserve 2.5 percent (or, for a fiscal year described in subsection
(b), the percentage determined under subsection (b)) of the funds
to make subgrants to local partnerships as described in subpart
3; and
(3) use the remainder of the funds for State activities described
in subsection (c).
(b) SPECIAL RULE. For any fiscal year for which the total
amount that would be reserved by all States under subsection
(a)(2), if the States applied a 2.5 percentage rate, exceeds
$125,000,000, the Secretary shall determine an alternative percentage
that the States shall apply for that fiscal year under subsection
(a)(2) so that the total amount reserved by all States under
subsection (a)(2) equals $125,000,000.
(c) STATE ACTIVITIES. The State educational agency for
a State that receives a grant under section 2111 shall use the
funds described in subsection (a)(3) to carry out one or more
of the following activities, which may be carried out through
a grant or contract with a for-profit or nonprofit entity:
(1) Reforming teacher and principal certification (including
recertification) or licensing requirements to ensure that
(A)(i) teachers have the necessary subject matter knowledge and
teaching skills in the academic subjects that the teachers teach;
and
(ii) principals have the instructional leadership skills to help
teachers teach and students learn;
(B) teacher certification (including recertification) or licensing
requirements are aligned with challenging State academic content
standards; and
(C) teachers have the subject matter knowledge and teaching skills,
including technology literacy, and principals have the instructional
leadership skills, necessary to help students meet challenging
State student academic achievement standards.
(2) Carrying out programs that provide support to teachers or
principals, including support for teachers and principals new
to their profession, such as programs that
(A) provide teacher mentoring, team teaching, reduced class schedules,
and intensive professional development; and
(B) use standards or assessments for guiding beginning teachers
that are consistent with challenging State student academic achievement
standards and with the requirements for professional development
activities described in section 9101.
(3) 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 baccalaureate or masters degree,
including 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.
(4) Developing and implementing mechanisms to assist local educational
agencies and schools in effectively recruiting and retaining
highly qualified teachers, including specialists in core academic
subjects, principals, and pupil services personnel, except that
funds made available under this paragraph may be used for pupil
services personnel only
(A) if the State educational agency is making progress toward
meeting the annual measurable objectives described in section
1119(a)(2); and
(B) in a manner consistent with mechanisms to assist local educational
agencies and schools in effectively recruiting and retaining
highly qualified teachers and principals.
(5) Reforming tenure systems, implementing teacher testing for
subject matter knowledge, and implementing teacher testing for
State certification or licensing, consistent with title II of
the Higher Education Act of 1965.
(6) Providing professional development for teachers and principals
and, in cases in which a State educational agency determines
support to be appropriate, supporting the participation of pupil
services personnel in the same type of professional development
activities as are made available to teachers and principals.
(7) Developing systems to measure the effectiveness of specific
professional development programs and strategies to document
gains in student academic achievement or increases in teacher
mastery of the academic subjects the teachers teach.
(8) Fulfilling the State educational agencys responsibilities
concerning proper and efficient administration of the programs
carried out under this part, including provision of technical
assistance to local educational agencies.
(9) Funding projects to promote reciprocity of teacher and principal
certification or licensing between or among States, except that
no reciprocity agreement developed under this paragraph or developed
using funds provided under this part may lead to the weakening
of any State teaching certification or licensing requirement.
(10) Developing or assisting local educational agencies in the
development and use of proven, innovative strategies to deliver
intensive professional development programs that are both cost-effective
and easily accessible, such as strategies that involve delivery
through the use of technology, peer networks, and distance learning.
(11) Encouraging and supporting the training of teachers and
administrators to effectively integrate technology into curricula
and instruction, including training to improve the ability to
collect, manage, and analyze data to improve teaching, decision-making,
school improvement efforts, and accountability.
(12) Developing, or assisting local educational agencies in developing,
merit-based performance systems, and strategies that provide
differential and bonus pay for teachers in high-need academic
subjects such as reading, mathematics, and science and teachers
in high-poverty schools and districts.
(13) Providing assistance to local educational agencies for the
development and implementation of 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 help exceptionally
talented aspiring or current principals and superintendents become
outstanding managers and educational leaders.
(14) Developing, or assisting local educational agencies in developing,
teacher advancement initiatives that promote professional growth
and emphasize multiple career paths (such as paths to becoming
a career teacher, mentor teacher, or exemplary teacher) and pay
differentiation.
(15) Providing assistance to teachers to enable them to meet
certification, licensing, or other requirements needed to become
highly qualified by the end of the fourth year for which the
State receives funds under this part (as amended by the No Child
Left Behind Act of 2001).
(16) Supporting activities that ensure that teachers are able
to use challenging State academic content standards and student
academic achievement standards, and State assessments, to improve
instructional practices and improve student academic achievement.
(17) Funding projects and carrying out programs to encourage
men to become elementary school teachers.
(18) Establishing and operating a center that
(A) serves as a statewide clearinghouse for the recruitment and
placement of kindergarten, elementary school, and secondary school
teachers; and
(B) establishes and carries out programs to improve teacher recruitment
and retention within the State.
(d) ADMINISTRATIVE COSTS. A State educational agency or
State agency for higher education receiving a grant under this
part may use not more than 1 percent of the grant funds for planning
and administration related to carrying out activities under subsection
(c) and subpart 3.
(e) COORDINATION. A State that receives a grant to carry
out this subpart and a grant under section 202 of the Higher
Education Act of 1965 shall coordinate the activities carried
out under this subpart and the activities carried out under that
section.
(f) SUPPLEMENT, NOT SUPPLANT. Funds received under this
subpart shall be used to supplement, and not supplant, non-Federal
funds that would otherwise be used for activities authorized
under this subpart.
Subpart 2 Subgrants to Local
Educational Agencies
SEC. 2121. ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES.
(a) SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.
(1) IN GENERAL. The Secretary may make a grant to a State
under subpart 1 only if the State educational agency agrees to
distribute the funds described in this subsection as subgrants
to local educational agencies under this subpart.
(2) HOLD HARMLESS.
(A) IN GENERAL. From the funds reserved by a State under
section 2113(a)(1), the State educational agency shall allocate
to each local educational agency in the State an amount equal
to the total amount that such agency received for fiscal year
2001 under
(i) section 2203(1)(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
(ii) section 306 of the Department of Education Appropriations
Act, 2001 (as enacted into law by section 1(a)(1) of Public Law
106554).
(B) NONPARTICIPATING AGENCIES. In the case of a local
educational agency that did not receive any funds for fiscal
year 2001 under one or both of the provisions referred to in
clauses (i) and (ii) of subparagraph (A), the amount allocated
to the agency under such subparagraph shall be the total amount
that the agency would have received for fiscal year 2001 if the
agency had elected to participate in all of the programs for
which the agency was eligible under each of the provisions referred
to in those clauses.
(C) RATABLE REDUCTION. If the funds described in subparagraph
(A) are insufficient to pay the full amounts that all local educational
agencies in the State are eligible to receive under subparagraph
(A) for any fiscal year, the State educational agency shall ratably
reduce such amounts for the fiscal year.
(3) ALLOCATION OF ADDITIONAL FUNDS. For any fiscal year
for which the funds reserved by a State under section 2113(a)(1)
exceed the total amount required to make allocations under paragraph
(2), the State educational agency shall allocate to each of the
eligible local educational agencies in the State the sum of
(A) 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 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
(B) 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 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.
SEC. 2122. LOCAL APPLICATIONS AND NEEDS ASSESSMENT.
(a) IN GENERAL. To be eligible to receive a subgrant under
this subpart, a local educational agency shall submit an application
to the State educational agency at such time, in such manner,
and containing such information as the State educational agency
may reasonably require.
(b) CONTENTS. Each application submitted under this section
shall be based on the needs assessment required in subsection
(c) and shall include the following:
(1)(A) A description of the activities to be carried out by the
local educational agency under this subpart and how these activities
will be aligned with
(i) challenging State academic content standards and student
academic achievement standards, and State assessments; and
(ii) the curricula and programs tied to the standards described
in clause (i).
(B) A description of how the activities will be based on a review
of scientifically based research and an explanation of why the
activities are expected to improve student academic achievement.
(2) A description of how the activities will have a substantial,
measurable, and positive impact on student academic achievement
and how the activities will be used as part of a broader strategy
to eliminate the achievement gap that separates low-income and
minority students from other students.
(3) An assurance that the local educational agency will target
funds to schools within the jurisdiction of the local educational
agency that
(A) have the lowest proportion of highly qualified teachers;
(B) have the largest average class size; or
(C) are identified for school improvement under section 1116(b).
(4) A description of how 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.
(5) A description of the professional development activities
that will be made available to teachers and principals under
this subpart and how the local educational agency will ensure
that the professional development (which may include teacher
mentoring) needs of teachers and principals will be met using
funds under this subpart.
(6) A description of how the local educational agency will integrate
funds under this subpart with funds received under part D that
are used for professional development to train teachers to integrate
technology into curricula and instruction to improve teaching,
learning, and technology literacy.
(7) A description of how the local educational agency, teachers,
paraprofessionals, principals, other relevant school personnel,
and parents have collaborated in the planning of activities to
be carried out under this subpart and in the preparation of the
application.
(8) A description of the results of the needs assessment described
in subsection (c).
(9) A description of how the local educational agency will provide
training to enable teachers to
(A) teach and address the needs of students with different learning
styles, particularly students with disabilities, students with
special learning needs (including students who are gifted and
talented), and students with limited English proficiency;
(B) improve student behavior in the classroom and identify early
and appropriate interventions to help students described in subparagraph
(A) learn;
(C) involve parents in their childs education; and
(D) understand and use data and assessments to improve classroom
practice and student learning.
(10) A description of how the local educational agency will use
funds under this subpart to meet the requirements of section
1119.
(11) An assurance that the local educational agency will comply
with section 9501 (regarding participation by private school
children and teachers).
(c) NEEDS ASSESSMENT.
(1) IN GENERAL. To be eligible to receive a subgrant under
this subpart, a local educational agency shall conduct an assessment
of local needs for professional development and hiring, as identified
by the local educational agency and school staff.
(2) REQUIREMENTS. Such needs assessment shall be conducted
with the involvement of teachers, including teachers participating
in programs under part A of title I, and shall take into account
the activities that need to be conducted in order to give teachers
the means, including subject matter knowledge and teaching skills,
and to give principals the instructional leadership skills to
help teachers, to provide students with the opportunity to meet
challenging State and local student academic achievement standards.
SEC. 2123. LOCAL USE OF FUNDS.
(a) IN GENERAL.A local educational agency that receives
a subgrant under section 2121 shall use the funds made available
through the subgrant to carry out one or more of the following
activities, including carrying out the activities through a grant
or contract with a for-profit or nonprofit entity:
(1) Developing and implementing mechanisms to assist schools
in effectively recruiting and retaining highly qualified teachers,
including specialists in core academic subjects, principals,
and pupil services personnel, except that funds made available
under this paragraph may be used for pupil services personnel
only
(A) if the local educational agency is making progress toward
meeting the annual measurable objectives described in section
1119(a)(2); and
(B) in a manner consistent with mechanisms to assist schools
in effectively recruiting and retaining highly qualified teachers
and principals.
(2) Developing and implementing initiatives to assist in recruiting
highly qualified teachers (particularly initiatives that have
proven effective in retaining highly qualified teachers), and
hiring highly qualified teachers, who will be assigned teaching
positions within their fields, including
(A) providing scholarships, signing bonuses, or other financial
incentives, such as differential pay, for teachers
to teach
(i) in academic subjects in which there exists a shortage of
highly qualified teachers within a school or within the local
educational agency; and
(ii) in schools in which there exists a shortage of highly qualified
teachers;
(B) recruiting and hiring highly qualified teachers to reduce
class size, particularly in the early grades; and
(C) establishing programs that
(i) train and hire regular and special education teachers (which
may include hiring special education teachers to team-teach in
classrooms that contain both children with disabilities and nondisabled
children);
(ii) train and hire highly qualified teachers of special needs
children, as well as teaching specialists in core academic subjects
who will provide increased individualized instruction to students;
(iii) recruit qualified professionals from other fields, including
highly qualified paraprofessionals, and provide such professionals
with alternative routes to teacher certification, including developing
and implementing hiring policies that ensure comprehensive recruitment
efforts as a way to expand the applicant pool, such as through
identifying teachers certified through alternative routes, and
using a system of intensive screening designed to hire the most
qualified applicants; and
(iv) provide increased opportunities for minorities, individuals
with disabilities, and other individuals underrepresented in
the teaching profession.
(3) Providing professional development activities
(A) that improve the knowledge of teachers and principals and,
in appropriate cases, paraprofessionals, concerning
(i) one or more of the core academic subjects that the teachers
teach; and
(ii) effective instructional strategies, methods, and skills,
and use of challenging State academic content standards and student
academic achievement standards, and State assessments, to improve
teaching practices and student academic achievement; and
(B) that improve the knowledge of teachers and principals and,
in appropriate cases, paraprofessionals, concerning effective
instructional practices and that
(i) involve collaborative groups of teachers and administrators;
(ii) provide training in how to teach and address the needs of
students with different learning styles, particularly students
with disabilities, students with special learning needs (including
students who are gifted and talented), and students with limited
English proficiency;
(iii) provide training in methods of
(I) improving student behavior in the classroom; and
(II) identifying early and appropriate interventions to help
students described in clause (ii) learn;
(iv) provide training to enable teachers and principals to involve
parents in their childs education, especially parents of
limited English proficient and immigrant children; and
(v) provide training on how to understand and use data and assessments
to improve classroom practice and student learning.
(4) Developing and implementing initiatives to promote retention
of highly qualified teachers and principals, particularly within
elementary schools and secondary schools with a high percentage
of low-achieving students, including programs that provide
(A) teacher mentoring from exemplary teachers, principals, or
superintendents;
(B) induction and support for teachers and principals during
their first 3 years of employment as teachers or principals,
respectively;
(C) incentives, including financial incentives, to retain teachers
who have a record of success in helping low-achieving students
improve their academic achievement; or
(D) incentives, including financial incentives, to principals
who have a record of improving the academic achievement of all
students, but particularly students from economically disadvantaged
families, students from racial and ethnic minority groups, and
students with disabilities.
(5) Carrying out programs and activities that are designed to
improve the quality of the teacher force, such as
(A) innovative professional development programs (which may be
provided through partnerships including institutions of higher
education), including programs that train teachers and principals
to integrate technology into curricula and instruction to improve
teaching, learning, and technology literacy, are consistent with
the requirements of section 9101, and are coordinated with activities
carried out under part D;
(B) development and use of proven, cost-effective strategies
for the implementation of professional development activities,
such as through the use of technology and distance learning;
(C) tenure reform;
(D) merit pay programs; and
(E) testing of elementary school and secondary school teachers
in the academic subjects that the teachers teach.
(6) Carrying out professional development activities designed
to improve the quality of principals and superintendents, including
the development and support of academies to help talented aspiring
or current principals and superintendents become outstanding
managers and educational leaders.
(7) Hiring highly qualified teachers, including teachers who
become highly qualified through State and local alternative routes
to certification, and special education teachers, in order to
reduce class size, particularly in the early grades.
(8) Carrying out teacher advancement initiatives that promote
professional growth and emphasize multiple career paths (such
as paths to becoming a career teacher, mentor teacher, or exemplary
teacher) and pay differentiation.
(10) Carrying out programs and activities related to exemplary
teachers.
(b) SUPPLEMENT, NOT SUPPLANT. Funds received under this
subpart shall be used to supplement, and not supplant, non-Federal
funds that would otherwise be used for activities authorized
under this subpart.
Subpart 3 Subgrants to Eligible
Partnerships
SEC. 2131. DEFINITIONS.
In this subpart:
(1) ELIGIBLE PARTNERSHIP. The term eligible partnership means
an entity that
(A) shall include
(i) a private or State institution of higher education and the
division of the institution that prepares teachers and principals;
(ii) a school of arts and sciences; and
(iii) a high-need local educational agency; and
(B) may include another local educational agency, a public charter
school, an elementary school or secondary school, an educational
service agency, a nonprofit educational organization, another
institution of higher education, a school of arts and sciences
within such an institution, the division of such an institution
that prepares teachers and principals, a nonprofit cultural organization,
an entity carrying out a prekindergarten program, a teacher organization,
a principal organization, or a business.
(2) LOW-PERFORMING SCHOOL. The term low-performing
school means an elementary school or secondary school that
is identified under section 1116.
SEC. 2132. SUBGRANTS.
(a) IN GENERAL. The State agency for higher education
for a State that receives a grant under section 2111, working
in conjunction with the State educational agency (if such agencies
are separate), shall use the funds reserved under section 2113(a)(2)
to make subgrants, on a competitive basis, to eligible partnerships
to enable such partnerships to carry out the activities described
in section 2134.
(b) DISTRIBUTION. The State agency for higher education
shall ensure that
(1) such subgrants are equitably distributed by geographic area
within a State; or
(2) eligible partnerships in all geographic areas within the
State are served through the subgrants.
(c) SPECIAL RULE. No single participant in an eligible
partnership may use more than 50 percent of the funds made available
to the partnership under this section.
SEC. 2133. APPLICATIONS.
To be eligible to receive a subgrant under this subpart, an eligible
partnership shall submit an application to the State agency
for higher education at such time, in such manner, and containing
such information as the agency may require.
SEC. 2134. USE OF FUNDS.
(a) IN GENERAL. An eligible partnership that receives
a subgrant under section 2132 shall use the subgrant funds for
(1) professional development activities in core academic subjects
to ensure that
(A) teachers and highly qualified paraprofessionals, and, if
appropriate, principals have subject matter knowledge in the
academic subjects that the teachers teach, including the use
of computer related technology to enhance student learning; and
(B) principals have the instructional leadership skills that
will help such principals work most effectively with teachers
to help students master core academic subjects; and
(2) developing and providing assistance to local educational
agencies and individuals who are teachers, highly qualified paraprofessionals,
or principals of schools served by such agencies, for sustained,
high-quality professional development activities that
(A) ensure that the individuals are able to use challenging State
academic content standards and student academic achievement standards,
and State assessments, to improve instructional practices and
improve student academic achievement;
(B) may include intensive programs designed to prepare such individuals
who will return to a school to provide instruction related to
the professional development described in subparagraph (A) to
other such individuals within such school; and
(C) may include activities of partnerships between one or more
local educational agencies, one or more schools served by such
local educational agencies, and one or more institutions of higher
education for the purpose of improving teaching and learning
at low-performing schools.
(b) COORDINATION.An eligible partnership that receives
a subgrant to carry out this subpart and a grant under section
203 of the Higher Education Act of 1965 shall coordinate the
activities carried out under this subpart and the activities
carried out under that section 203.
Subpart 4 Accountability
SEC. 2141. TECHNICAL ASSISTANCE AND ACCOUNTABILITY.
(a) IMPROVEMENT PLAN. After the second year of the plan
described in section 1119(a)(2), if a State educational agency
determines, based on the reports described in section 1119(b)(1),
that a local educational agency in the State has failed to make
progress toward meeting the annual measurable objectives described
in section 1119(a)(2), for 2 consecutive years, such local educational
agency shall develop an improvement plan that will enable the
agency to meet such annual measurable objectives and that specifically
addresses issues that prevented the agency from meeting such
annual measurable objectives.
(b) TECHNICAL ASSISTANCE. During the development of the
improvement plan described in subsection (a) and throughout implementation
of the plan, the State educational agency shall
(1) provide technical assistance to the local educational agency;
and
(2) provide technical assistance, if applicable, to schools served
by the local educational agency that need assistance to enable
the local educational agency to meet the annual measurable objectives
described in section 1119(a)(2).
(c) ACCOUNTABILITY. After the third year of the plan described
in section 1119(a)(2), if the State educational agency determines,
based on the reports described in section 1119(b)(1), that the
local educational agency has failed to make progress toward meeting
the annual measurable objectives described in section 1119(a)(2),
and has failed to make adequate yearly progress as described
under section 1111(b)(2)(B), for 3 consecutive years, the State
educational agency shall enter into an agreement with such local
educational agency on the use of that agencys funds under
this part. As part of this agreement, the State educational agency
(1) shall develop, in conjunction with the local educational
agency, teachers, and principals, professional development strategies
and activities, based on scientifically based research, that
the local educational agency will use to meet the annual measurable
objectives described in section 1119(a)(2) and require such agency
to utilize such strategies and activities; and
(2)(A) except as provided in subparagraphs (B) and (C), shall
prohibit the use of funds received under part A of title I to
fund any paraprofessional hired after the date such determination
is made;
(B) shall allow the use of such funds to fund a paraprofessional
hired after that date if the local educational agency can demonstrate
that the hiring is to fill a vacancy created by the departure
of another paraprofessional funded under title I and such new
paraprofessional satisfies the requirements of section 1119(c);
and
(C) may allow the use of such funds to fund a paraprofessional
hired after that date if the local educational agency can demonstrate
(i) that a significant influx of population has substantially
increased student enrollment; or
(ii) that there is an increased need for translators or assistance
with parental involvement activities.
(d) SPECIAL RULE. During the development of the strategies
and activities described in subsection (c)(1), the State educational
agency shall, in conjunction with the local educational agency,
provide from funds allocated to such local educational agency
under subpart 2 directly to one or more schools served by such
local educational agency, to enable teachers at the schools to
choose, with continuing consultation with the principal involved,
professional development activities that
(1) meet the requirements for professional development activities
described in section 9101; and
(2) are coordinated with other reform efforts at the schools.
Subpart 5 National Activities
SEC. 2151. NATIONAL ACTIVITIES OF DEMONSTRATED EFFECTIVENESS.
(a) NATIONAL TEACHER RECRUITMENT CAMPAIGN. The Secretary
is authorized to establish and carry out a national teacher recruitment
campaign, which may include activities carried out through the
National Teacher Recruitment Clearinghouse, to assist high-need
local educational agencies in recruiting teachers (particularly
those activities that are effective in retaining new teachers)
and training teachers and to conduct a national public service
campaign concerning the resources for, and the routes to, entering
the field of teaching. In carrying out the campaign, the Secretary
may promote and link the activities of the campaign to the information
and referral activities of the National Teacher Recruitment Clearinghouse.
The Secretary shall coordinate activities under this subsection
with State and regional recruitment activities.
(b) SCHOOL LEADERSHIP.
(1) IN GENERAL. The Secretary is authorized to establish
and carry out a national principal recruitment program to assist
high-need local educational agencies in recruiting and training
principals (including assistant principals) through such activities
as
(A) providing financial incentives to aspiring new principals;
(B) providing stipends to principals who mentor new principals;
(C) carrying out professional development programs in instructional
leadership and management; and
(D) providing incentives that are appropriate for teachers or
individuals from other fields who want to become principals and
that are effective in retaining new principals.
(2) GRANTS. If the Secretary uses sums made available
under section 2103(b) to carry out paragraph (1), the Secretary
shall carry out such paragraph by making grants, on a competitive
basis, to
(A) high-need local educational agencies;
(B) consortia of high-need local educational agencies; and
(C) partnerships of high-need local educational agencies, nonprofit
organizations, and institutions of higher education.
(c) ADVANCED CERTIFICATION OR ADVANCED CREDENTIALING.
(1) IN GENERAL. The Secretary is authorized to support
activities to encourage and support teachers seeking advanced
certification or advanced credentialing through high quality
professional teacher enhancement programs designed to improve
teaching and learning.
(2) IMPLEMENTATION. In carrying out paragraph (1), the
Secretary shall make grants to eligible entities to
(A) develop teacher standards that include measures tied to increased
student academic achievement; and
(B) promote outreach, teacher recruitment, teacher subsidy, or
teacher support programs, related to teacher certification or
credentialing by the National Board for Professional Teaching
Standards, the National Council on Teacher Quality, or other
nationally recognized certification or credentialing organizations.
(3) ELIGIBLE ENTITIES. In this subsection, the term eligible
entity includes
(A) a State educational agency;
(B) a local educational agency;
(C) the National Board for Professional Teaching Standards, in
partnership with a high-need local educational agency or a State
educational agency;
(D) the National Council on Teacher Quality, in partnership with
a high-need local educational agency or a State educational agency;
or
(E) another recognized entity, including another recognized certification
or credentialing organization, in partnership with a high-need
local educational agency or a State educational agency.
(d) SPECIAL EDUCATION TEACHER TRAINING. The Secretary
is authorized to award a grant to the University of Northern
Colorado to enable such university to provide, to other institutions
of higher education, assistance in training special education
teachers.
(e) EARLY CHILDHOOD EDUCATOR PROFESSIONAL DEVELOPMENT.
(1) PURPOSE. The purpose of this subsection is to enhance
the school readiness of young children, particularly disadvantaged
young children, and to prevent young children from encountering
difficulties once the children enter school, by improving the
knowledge and skills of early childhood educators who work in
communities that have high concentrations of children living
in poverty.
(2) PROGRAM AUTHORIZED.
(A) GRANTS TO PARTNERSHIPS. The Secretary is authorized
to carry out the purpose of this subsection by awarding grants,
on a competitive basis, to partnerships consisting of
(i)(I) one or more institutions of higher education that provide
professional development for early childhood educators who work
with children from low-income families in high-need communities;
or
(II) another public or private entity that provides such professional
development;
(ii) one or more public agencies (including local educational
agencies, State educational agencies, State human services agencies,
and State and local agencies administering programs under the
Child Care and Development Block Grant Act of 1990 (42 U.S.C.
9858 et seq.), Head Start agencies, or private organizations;
and
(iii) to the extent feasible, an entity with demonstrated experience
in providing training to educators in early childhood education
programs concerning identifying and preventing behavior problems
or working with children identified as or suspected to be victims
of abuse.
(B) DURATION AND NUMBER OF GRANTS.
(i) DURATION. The Secretary shall award grants under this
subsection for periods of not more than 4 years.
(ii) NUMBER. No partnership may receive more than one
grant under this subsection.
(3) APPLICATIONS.
(A) APPLICATIONS REQUIRED. Any partnership that desires
to receive a grant under this subsection shall submit an application
to the Secretary at such time, in such manner, and containing
such information as the Secretary may require.
(B) CONTENTS. Each such application shall include
(i) a description of the high-need community to be served by
the project proposed to be carried out through the grant, including
such demographic and socioeconomic information as the Secretary
may request;
(ii) information on the quality of the early childhood educator
professional development program currently conducted (as of the
date of the submission of the application) by the institution
of higher education or another provider in the partnership;
(iii) the results of a needs assessment that the entities in
the partnership have undertaken to determine the most critical
professional development needs of the early childhood educators
to be served by the partnership and in the broader community,
and a description of how the proposed project will address those
needs;
(iv) a description of how the proposed project will be carried
out, including a description of
(I) how individuals will be selected to participate;
(II) the types of professional development activities, based
on scientifically based research, that will be carried out;
(III) how research on effective professional development and
on adult learning will be used to design and deliver project
activities;
(IV) how the project will be coordinated with and build on, and
will not supplant or duplicate, early childhood education professional
development activities in the high-need community;
(V) how the project will train early childhood educators to provide
developmentally appropriate school-readiness services that are
based on the best available research on early childhood pedagogy
and child development and learning domains;
(VI) how the project will train early childhood educators to
meet the diverse educational needs of children in the community,
including children who have limited English proficiency, children
with disabilities, or children with other special needs; and
(VII) how the project will train early childhood educators in
identifying and preventing behavioral problems in children or
working with children identified as or suspected to be victims
of abuse;
(v) a description of
(I) the specific objectives that the partnership will seek to
attain through the project, and the methods that the partnership
will use to measure progress toward attainment of those objectives;
and
(II) how the objectives and the measurement methods align with
the achievement indicators established by the Secretary under
paragraph (6)(A);
(vi) a description of the partnerships plan for continuing
the activities carried out under the project after Federal funding
ceases;
(vii) an assurance that, where applicable, the project will provide
appropriate professional development to volunteers working directly
with young children, as well as to paid staff; and
(viii) an assurance that, in developing the application and in
carrying out the project, the partnership has consulted with,
and will consult with, relevant agencies, early childhood educator
organizations, and early childhood providers that are not members
of the partnership.
(4) SELECTION OF GRANT RECIPIENTS.
(A) CRITERIA. The Secretary shall select partnerships
to receive grants under this subsection on the basis of the degree
to which the communities proposed to be served require assistance
and the quality of the applications submitted under paragraph
(3).
(B) GEOGRAPHIC DISTRIBUTION. In selecting partnerships
to receive grants under this subsection, the Secretary shall
seek to ensure that communities in different regions of the Nation,
as well as both urban and rural communities, are served.
(5) USES OF FUNDS.
(A) IN GENERAL. Each partnership receiving a grant under
this subsection shall use the grant funds to carry out activities
that will improve the knowledge and skills of early childhood
educators who are working in early childhood programs that are
located in high-need communities and serve concentrations of
children from low-income families.
(B) ALLOWABLE ACTIVITIES. Such activities may include
(i) professional development for early childhood educators, particularly
to familiarize those educators with the application of recent
research on child, language, and literacy development and on
early childhood pedagogy;
(ii) professional development for early childhood educators in
working with parents, so that the educators and parents can work
together to provide and support developmentally appropriate school-readiness
services that are based on scientifically based research on early
childhood pedagogy and child development and learning domains;
(iii) professional development for early childhood educators
to work with children who have limited English proficiency, children
with disabilities, and children with other special needs;
(iv) professional development to train early childhood educators
in identifying and preventing behavioral problems in children
or working with children identified as or suspected to be victims
of abuse;
(v) activities that assist and support early childhood educators
during their first 3 years in the field;
(vi) development and implementation of early childhood educator
professional development programs that make use of distance learning
and other technologies;
(vii) professional development activities related to the selection
and use of screening and diagnostic assessments to improve teaching
and learning; and
(viii) data collection, evaluation, and reporting needed to meet
the requirements of paragraph (6) relating to accountability.
(6) ACCOUNTABILITY.
(A) ACHIEVEMENT INDICATORS. On the date on which the Secretary
first issues a notice soliciting applications for grants under
this subsection, the Secretary shall announce achievement indicators
for this subsection, which shall be designed
(i) to measure the quality and accessibility of the professional
development provided;
(ii) to measure the impact of that professional development on
the early childhood education provided by the individuals who
receive the professional development; and
(iii) to provide such other measures of program impact as the
Secretary determines to be appropriate.
(B) ANNUAL REPORTS; TERMINATION.
(i) ANNUAL REPORTS. Each partnership receiving a grant
under this subsection shall report annually to the Secretary
on the partnerships progress toward attaining the achievement
indicators.
(ii) TERMINATION. The Secretary may terminate a grant
under this subsection at any time if the Secretary determines
that the partnership receiving the grant is not making satisfactory
progress toward attaining the achievement indicators.
(7) COST-SHARING.
(A) IN GENERAL. Each partnership carrying out a project
through a grant awarded under this subsection shall provide,
from sources other than the program carried out under this subsection,
which may include Federal sources
(i) at least 50 percent of the total cost of the project for
the grant period; and
(ii) at least 20 percent of the project cost for each year.
(B) ACCEPTABLE CONTRIBUTIONS. A partnership may meet the
requirements of subparagraph (A) by providing contributions in
cash or in kind, fairly evaluated, including plant, equipment,
and services.
(C) WAIVERS. The Secretary may waive or modify the requirements
of subparagraph (A) for partnerships in cases of demonstrated
financial hardship.
(8) FEDERAL COORDINATION. The Secretary and the Secretary
of Health and Human Services shall coordinate activities carried
out through programs under this subsection with activities carried
out through other early childhood programs administered by the
Secretary or the Secretary of Health and Human Services.
(9) DEFINITIONS. In this subsection:
(A) EARLY CHILDHOOD EDUCATOR.The term early childhood
educator means a person providing, or employed by a provider
of, nonresidential child care services (including center-based,
family-based, and in-home child care services) that is legally
operating under State law, and that complies with applicable
State and local requirements for the provision of child care
services to children at any age from birth through the age at
which a child may start kindergarten in that State.
(B) HIGH-NEED COMMUNITY.
(i) IN GENERAL. The term high-need community means
(I) a political subdivision of a State, or a portion of a political
subdivision of a State, in which at least 50 percent of the children
are from low-income families; or
(II) a political subdivision of a State that is among the 10
percent of political subdivisions of the State having the greatest
numbers of such children.
(ii) DETERMINATION. In determining which communities are
described in clause (i), the Secretary shall use such data as
the Secretary determines are most accurate and appropriate.
(C) LOW-INCOME FAMILY. The term low-income family means
a family with an income below the poverty line for the most recent
fiscal year for which satisfactory data are available.
(f) TEACHER MOBILITY.
(1) ESTABLISHMENT. The Secretary is authorized to establish
a panel to be known as the National Panel on Teacher Mobility
(referred to in this subsection as the panel).
(2) MEMBERSHIP. The panel shall be composed of 12 members
appointed by the Secretary. The Secretary shall appoint the members
from among practitioners and experts with experience relating
to teacher mobility, such as teachers, members of teacher certification
or licensing bodies, faculty of institutions of higher education
that prepare teachers, and State policymakers with such experience.
(3) PERIOD OF APPOINTMENT; VACANCIES. Members shall be
appointed for the life of the panel. Any vacancy in the panel
shall not affect the powers of the panel, but shall be filled
in the same manner as the original appointment.
(4) DUTIES.
(A) STUDY.
(i) IN GENERAL. The panel shall study strategies for increasing
mobility and employment opportunities for highly qualified teachers,
especially for States with teacher shortages and States with
school districts or schools that are difficult to staff.
(ii) DATA AND ANALYSIS. As part of the study, the panel
shall evaluate the desirability and feasibility of State initiatives
that support teacher mobility by collecting data and conducting
effective analysis concerning
(I) teacher supply and demand;
(II) the development of recruitment and hiring strategies that
support teachers; and
(III) increasing reciprocity of certification and licensing across
States.
(B) REPORT. Not later than 1 year after the date on which
all members of the panel have been appointed, the panel shall
submit to the Secretary and to the appropriate committees of
Congress a report containing the results of the study.
(5) POWERS.
(A) HEARINGS. The panel may hold such hearings, sit and
act at such times and places, take such testimony, and receive
such evidence as the panel considers advisable to carry out the
objectives of this subsection.
(B) INFORMATION FROM FEDERAL AGENCIES. The panel may secure
directly from any Federal department or agency such information
as the panel considers necessary to carry out the provisions
of this subsection. Upon request of a majority of the members
of the panel, the head of such department or agency shall furnish
such information to the panel.
(C) POSTAL SERVICES. The panel may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
(6) PERSONNEL.
(A) TRAVEL EXPENSES. The members of the panel shall not
receive compensation for the performance of services for the
panel, but shall be allowed travel expenses, including per diem
in lieu of subsistence, at rates authorized for employees of
agencies under subchapter I of chapter 57 of title 5, United
States Code, while away from their homes or regular places of
business in the performance of services for the panel. Notwithstanding
section 1342 of title 31, United States Code, the Secretary may
accept the voluntary and uncompensated services of members of
the panel.
(B) DETAIL OF GOVERNMENT EMPLOYEES. Any Federal Government
employee may be detailed to the panel without reimbursement,
and such detail shall be without interruption or loss of civil
service status or privilege.
(7) PERMANENT COMMITTEE. Section 14 of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the panel.
. . .
PART B MATHEMATICS AND SCIENCE
PARTNERSHIPS
SEC. 2201. PURPOSE; DEFINITIONS.
(a) PURPOSE. The purpose of this part is to improve the
academic achievement of students in the areas of mathematics
and science by encouraging State educational agencies, institutions
of higher education, local educational agencies, elementary schools,
and secondary schools to participate in programs that
(1) improve and upgrade the status and stature of mathematics
and science teaching by encouraging institutions of higher education
to assume greater responsibility for improving mathematics and
science teacher education through the establishment of a comprehensive,
integrated system of recruiting, training, and advising mathematics
and science teachers;
(2) focus on the education of mathematics and science teachers
as a career-long process that continuously stimulates teachers intellectual
growth and upgrades teachers knowledge and skills;
(3) bring mathematics and science teachers in elementary schools
and secondary schools together with scientists, mathematicians,
and engineers to increase the subject matter knowledge of mathematics
and science teachers and improve such teachers teaching
skills through the use of sophisticated laboratory equipment
and work space, computing facilities, libraries, and other resources
that institutions of higher education are better able to provide
than the elementary schools and secondary schools;
(4) develop more rigorous mathematics and science curricula that
are aligned with challenging State and local academic content
standards and with the standards expected for postsecondary study
in engineering, mathematics, and science; and
(5) improve and expand training of mathematics and science teachers,
including training such teachers in the effective integration
of technology into curricula and instruction.
(b) DEFINITIONS. In this part:
(1) ELIGIBLE PARTNERSHIP. The term eligible partnership means
a partnership that
(A) shall include
(i) if grants are awarded under section 2202(a)(1), a State educational
agency;
(ii) an engineering, mathematics, or science department of an
institution of higher education; and
(iii) a high-need local educational agency; and
(B) may include
(i) another engineering, mathematics, science, or teacher training
department of an institution of higher education;
(ii) additional local educational agencies, public charter schools,
public or private elementary schools or secondary schools, or
a consortium of such schools;
(iii) a business; or
(iv) a nonprofit or for-profit organization of demonstrated effectiveness
in improving the quality of mathematics and science teachers.
(2) SUMMER WORKSHOP OR INSTITUTE. The term summer
workshop or institute means a workshop or institute, conducted
during the summer, that
(A) is conducted for a period of not less than 2 weeks;
(B) includes, as a component, a program that provides direct
interaction between students and faculty; and
(C) provides for followup training during the academic year that
is conducted in the classroom for a period of not less than three
consecutive or nonconsecutive days, except that
(i) if the workshop or institute is conducted during a 2-week
period, the followup training shall be conducted for a period
of not less than 4 days; and
(ii) if the followup training is for teachers in rural school
districts, the followup training may be conducted through distance
learning.
SEC. 2202. GRANTS FOR MATHEMATICS AND SCIENCE PARTNERSHIPS.
(a) GRANTS AUTHORIZED.
(1) GRANTS TO PARTNERSHIPS. For any fiscal year for which
the funds appropriated under section 2203 are less than $100,000,000,
the Secretary is authorized to award grants, on a competitive
basis, to eligible partnerships to carry out the authorized activities
described in subsection (c).
(2) GRANTS TO STATE EDUCATIONAL AGENCIES.
(A) IN GENERAL. For any fiscal year for which the funds
appropriated under section 2203 equal or exceed
$100,000,000
(i) if an eligible partnership in the State was previously awarded
a grant under paragraph (1), and the grant period has not ended,
the Secretary shall reserve funds in a sufficient amount to make
payments to the partnership in accordance with the terms of the
grant; and
(ii) the Secretary is authorized to award grants to State educational
agencies to enable such agencies to award subgrants, on a competitive
basis, to eligible partnerships to carry out the authorized activities
described in subsection (c).
(B) ALLOTMENT. The Secretary shall allot the amount made
available under this part for a fiscal year and not reserved
under subparagraph (A)(i) among the State educational agencies
in proportion to the number of children, aged 5 to 17, who are
from families with incomes below the poverty line and reside
in a State for the most recent fiscal year for which satisfactory
data are available, as compared to the number of such children
who reside in all such States for such year.
(C) MINIMUM ALLOTMENT. The amount of any State educational
agencys allotment under subparagraph (B) for any fiscal
year may not be less than one-half of 1 percent of the amount
made available under this part for such year.
(3) DURATION. The Secretary shall award grants under this
part for a period of 3 years.
(4) SUPPLEMENT, NOT SUPPLANT. Funds received under this
part shall be used to supplement, and not supplant, funds that
would otherwise be used for activities authorized under this
part.
(b) APPLICATION REQUIREMENTS.
(1) IN GENERAL. Each eligible partnership desiring a grant
or subgrant under this part shall submit an application
(A) in the case of grants awarded pursuant to subsection (a)(1),
to the Secretary, at such time, in such manner, and accompanied
by such information as the Secretary may require; or
(B) in the case of subgrants awarded pursuant to subsection (a)(2),
to the State educational agency, at such time, in such manner,
and accompanied by such information as the State educational
agency may require.
(2) CONTENTS. Each application submitted pursuant to paragraph
(1) shall include
(A) the results of a comprehensive assessment of the teacher
quality and professional development needs of any schools, local
educational agencies, and State educational agencies that comprise
the eligible partnership with respect to the teaching and learning
of mathematics and science;
(B) a description of how the activities to be carried out by
the eligible partnership will be aligned with challenging State
academic content and student academic achievement standards in
mathematics and science and with other educational reform activities
that promote student academic achievement in mathematics and
science;
(C) a description of how the activities to be carried out by
the eligible partnership will be based on a review of scientifically
based research, and an explanation of how the activities are
expected to improve student academic achievement and strengthen
the quality of mathematics and science instruction;
(D) a description of
(i) how the eligible partnership will carry out the authorized
activities described in subsection (c); and
(ii) the eligible partnerships evaluation and accountability
plan described in subsection (e); and
(E) a description of how the eligible partnership will continue
the activities funded under this part after the original grant
or subgrant period has expired.
(c) AUTHORIZED ACTIVITIES. An eligible partnership shall
use funds provided under this part for one or more of the following
activities related to elementary schools or secondary schools:
(1) Creating opportunities for enhanced and ongoing professional
development of mathematics and science teachers that improves
the subject matter knowledge of such teachers.
(2) Promoting strong teaching skills for mathematics and science
teachers and teacher educators, including integrating reliable
scientifically based research teaching methods and technology-based
teaching methods into the curriculum.
(3) Establishing and operating mathematics and science summer
workshops or institutes, including followup training, for elementary
school and secondary school mathematics and science teachers
that
(A) shall
(i) directly relate to the curriculum and academic areas in which
the teacher provides instruction, and focus only secondarily
on pedagogy;
(ii) enhance the ability of the teacher to understand and use
the challenging State academic content standards for mathematics
and science and to select appropriate curricula; and
(iii) train teachers to use curricula that are
(I) based on scientific research;
(II) aligned with challenging State academic content standards;
and
(III) object-centered, experiment-oriented, and concept- and
content-based; and
(B) may include
(i) programs that provide teachers and prospective teachers with
opportunities to work under the guidance of experienced teachers
and college faculty;
(ii) instruction in the use of data and assessments to inform
and instruct classroom practice; and
(iii) professional development activities, including supplemental
and followup activities, such as curriculum alignment, distance
learning, and activities that train teachers to utilize technology
in the classroom.
(4) Recruiting mathematics, engineering, and science majors to
teaching through the use of
(A) signing and performance incentives that are linked to activities
proven effective in retaining teachers, for individuals with
demonstrated professional experience in mathematics, engineering,
or science;
(B) stipends provided to mathematics and science teachers for
certification through alternative routes;
(C) scholarships for teachers to pursue advanced course work
in mathematics, engineering, or science; and
(D) other programs that the State educational agency determines
to be effective in recruiting and retaining individuals with
strong mathematics, engineering, or science backgrounds.
(5) Developing or redesigning more rigorous mathematics and science
curricula that are aligned with challenging State and local academic
content standards and with the standards expected for postsecondary
study in mathematics and science.
(6) Establishing distance learning programs for mathematics and
science teachers using curricula that are innovative, content-based,
and based on scientifically based research that is current as
of the date of the program involved.
(7) Designing programs to prepare a mathematics or science teacher
at a school to provide professional development to other mathematics
or science teachers at the school and to assist beginning and
other teachers at the school, including (if applicable) a mechanism
to integrate the teachers experiences from a summer workshop
or institute into the provision of professional development and
assistance.
(8) Establishing and operating programs to bring mathematics
and science teachers into contact with working scientists, mathematicians,
and engineers, to expand such teachers subject matter knowledge
of and research in science and mathematics.
(9) Designing programs to identify and develop exemplary mathematics
and science teachers in the kindergarten through grade 8 classrooms.
(10) Training mathematics and science teachers and developing
programs to encourage young women and other underrepresented
individuals in mathematics and science careers (including engineering
and technology) to pursue postsecondary degrees in majors leading
to such careers.
(d) COORDINATION AND CONSULTATION.
(1) PARTNERSHIP GRANTS. An eligible partnership receiving
a grant under section 203 of the Higher Education Act of 1965
shall coordinate the use of such funds with any related activities
carried out by such partnership with funds made available under
this part.
(2) NATIONAL SCIENCE FOUNDATION. In carrying out the activities
authorized by this part, the Secretary shall consult and coordinate
with the Director of the National Science Foundation, particularly
with respect to the appropriate roles for the Department and
the Foundation in the conduct of summer workshops, institutes,
or partnerships to improve mathematics and science teaching in
elementary schools and secondary schools.
(e) EVALUATION AND ACCOUNTABILITY PLAN.
(1) IN GENERAL. Each eligible partnership receiving a
grant or subgrant under this part shall develop an evaluation
and accountability plan for activities assisted under this part
that includes rigorous objectives that measure the impact of
activities funded under this part.
(2) CONTENTS. The plan developed pursuant to paragraph
(1)
(A) shall include measurable objectives to increase the number
of mathematics and science teachers who participate in content-based
professional development activities;
(B) shall include measurable objectives for improved student
academic achievement on State mathematics and science assessments
or, where applicable, an International Mathematics and Science
Study assessment; and
(C) may include objectives and measures for
(i) increased participation by students in advanced courses in
mathematics and science;
(ii) increased percentages of elementary school teachers with
academic majors or minors, or group majors or minors, in mathematics,
engineering, or the sciences; and
(iii) increased percentages of secondary school classes in mathematics
and science taught by teachers with academic majors in mathematics,
engineering, and science.
(f) REPORT. Each eligible partnership receiving a grant
or subgrant under this part shall report annually to the Secretary
regarding the eligible partnerships progress in meeting
the objectives described in the accountability plan of the partnership
under subsection (e).
SEC. 2203. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this part
$450,000,000 for fiscal year 2002 and such sums as may be necessary
for each of the 5 succeeding fiscal years.
PART C INNOVATION FOR TEACHER
QUALITY
Subpart 1 Transitions to Teaching
CHAPTER A TROOPS-TO-TEACHERS PROGRAM
SEC. 2301. DEFINITIONS.
In this chapter:
(1) ARMED FORCES. The term Armed Forces means
the Army, Navy, Air Force, Marine Corps, and Coast Guard.
(2) MEMBER OF THE ARMED FORCES. The term member
of the Armed Forces includes a former member of the Armed
Forces.
(3) PROGRAM. The term Program means the Troops-to-Teachers
Program authorized by this chapter.
(4) RESERVE COMPONENT. The term reserve component means
(A) the Army National Guard of the United States;
(B) the Army Reserve;
(C) the Naval Reserve;
(D) the Marine Corps Reserve;
(E) the Air National Guard of the United States;
(F) the Air Force Reserve; and
(G) the Coast Guard Reserve.
(5) SECRETARY CONCERNED. The term Secretary concerned means
(A) the Secretary of the Army, with respect to matters concerning
a reserve component of the Army;
(B) the Secretary of the Navy, with respect to matters concerning
reserve components named in subparagraphs (C) and (D) of paragraph
(4);
(C) the Secretary of the Air Force, with respect to matters concerning
a reserve component of the Air Force; and
(D) the Secretary of Transportation, with respect to matters
concerning the Coast Guard Reserve.
SEC. 2302. AUTHORIZATION OF TROOPS-TO-TEACHERS PROGRAM.
(a) PURPOSE. The purpose of this section is to authorize
a mechanism for the funding and administration of the Troops-to-Teachers
Program, which was originally established by the Troops-to-Teachers
Program Act of 1999 (title XVII of the National Defense Authorization
Act for Fiscal Year 2000) (20 U.S.C. 9301 et seq.).
(b) PROGRAM AUTHORIZED. The Secretary may carry out a
program (to be known as the Troops-to-Teachers Program)
(1) to assist eligible members of the Armed Forces described
in section 2303 to obtain certification or licensing as elementary
school teachers, secondary school teachers, or vocational or
technical teachers, and to become highly qualified teachers;
and
(2) to facilitate the employment of such members
(A) by local educational agencies or public charter schools that
the Secretary identifies as
(i) receiving grants under part A of title I as a result of having
within their jurisdictions concentrations of children from low-income
families; or
(ii) experiencing a shortage of highly qualified teachers, in
particular a shortage of science, mathematics, special education,
or vocational or technical teachers; and
(B) in elementary schools or secondary schools, or as vocational
or technical teachers.
(c) ADMINISTRATION OF PROGRAM. The Secretary shall enter
into a memorandum of agreement with the Secretary of Defense
under which the Secretary of Defense, acting through the Defense
Activity for Non-Traditional Education Support of the Department
of Defense, will perform the actual administration of the Program,
other than section 2306. Using funds appropriated to the Secretary
to carry out this chapter, the Secretary shall transfer to the
Secretary of Defense such amounts as may be necessary to administer
the Program pursuant to the memorandum of agreement.
(d) INFORMATION REGARDING PROGRAM. The Secretary shall
provide to the Secretary of Defense information regarding the
Program and applications to participate in the Program, for distribution
as part of preseparation counseling provided under section 1142
of title 10, United States Code, to members of the Armed Forces
described in section 2303.
(e) PLACEMENT ASSISTANCE AND REFERRAL SERVICES. The Secretary
may, with the agreement of the Secretary of Defense, provide
placement assistance and referral services to members of the
Armed Forces who meet the criteria described in section 2303,
including meeting education qualification requirements under
subsection 2303(c)(2). Such members shall not be eligible for
financial assistance under subsections (c) and (d) of section
2304.
SEC. 2303. RECRUITMENT AND SELECTION OF PROGRAM PARTICIPANTS.
(a) ELIGIBLE MEMBERS. The following members of the Armed
Forces are eligible for selection to participate in the Program:
(1) Any member who
(A) on or after October 1, 1999, becomes entitled to retired
or retainer pay in the manner provided in title 10 or title 14,
United States Code; (B) has an approved date of retirement
that is within 1 year after the date on which the member submits
an application to participate in the Program; or
(C) has been transferred to the Retired Reserve.
(2) Any member who, on or after the date of enactment of the
No Child Left Behind Act of 2001
(A)(i) is separated or released from active duty after 6 or more
years of continuous active duty immediately before the separation
or release; or
(ii) has completed a total of at least 10 years of active duty
service, 10 years of service computed under section 12732 of
title 10, United States Code, or 10 years of any combination
of such service; and
(B) executes a reserve commitment agreement for a period of not
less than 3 years under subsection (e)(2).
(3) Any member who, on or after the date of enactment of the
No Child Left Behind Act of 2001, is retired or separated for
physical disability under chapter 61 of title 10, United States
Code.
(4) Any member who
(A) during the period beginning on October 1, 1990, and ending
on September 30, 1999, was involuntarily discharged or released
from active duty for purposes of a reduction of force after 6
or more years of continuous active duty immediately before the
discharge or release; or
(B) applied for the teacher placement program administered under
section 1151 of title 10, United States Code, before the repeal
of that section, and satisfied the eligibility criteria specified
in subsection (c) of such section 1151.
(b) SUBMISSION OF APPLICATIONS.
(1) FORM AND SUBMISSION. Selection of eligible members
of the Armed Forces to participate in the Program shall be made
on the basis of applications submitted to the Secretary within
the time periods specified in paragraph (2). An application shall
be in such form and contain such information as the Secretary
may require.
(2) TIME FOR SUBMISSION. An application shall be considered
to be submitted on a timely basis under paragraph (1) if
(A) in the case of a member described in paragraph (1)(A), (2),
or (3) of subsection (a), the application is submitted not later
than 4 years after the date on which the member is retired or
separated or released from active duty, whichever applies to
the member; or
(B) in the case of a member described in subsection (a)(4), the
application is submitted not later than September 30, 2003.
(c) SELECTION CRITERIA.
(1) ESTABLISHMENT. Subject to paragraphs (2) and (3),
the Secretary shall prescribe the criteria to be used to select
eligible members of the Armed Forces to participate in the Program.
(2) EDUCATIONAL BACKGROUND.
(A) ELEMENTARY OR SECONDARY SCHOOL TEACHER.
If a member of the Armed Forces described in paragraph (1), (2),
or (3) of subsection (a) is applying for assistance for placement
as an elementary school or secondary school teacher, the Secretary
shall require the member to have received a baccalaureate or
advanced degree from an accredited institution of higher education.
(B) VOCATIONAL OR TECHNICAL TEACHER. If a member of the
Armed Forces described in paragraph (1), (2), or (3) of subsection
(a) is applying for assistance for placement as a vocational
or technical teacher, the Secretary shall require the member
(i) to have received the equivalent of 1 year of college from
an accredited institution of higher education and have 6 or more
years of military experience in a vocational or technical field;
or
(ii) to otherwise meet the certification or licensing requirements
for a vocational or technical teacher in the State in which the
member seeks assistance for placement under the Program.
(3) HONORABLE SERVICE. A member of the Armed Forces is
eligible to participate in the Program only if the members
last period of service in the Armed Forces was honorable, as
characterized by the Secretary concerned (as defined in section
101(a)(9) of title 10, United States Code). A member selected
to participate in the Program before the retirement of the member
or the separation or release of the member from active duty may
continue to participate in the Program after the retirement,
separation, or release only if the members last period
of service is characterized as honorable by the Secretary concerned
(as so defined).
(d) SELECTION PRIORITIES. In selecting eligible members
of the Armed Forces to receive assistance under the Program,
the Secretary shall give priority to members who have educational
or military experience in science, mathematics, special education,
or vocational or technical subjects and agree to seek employment
as science, mathematics, or special education teachers in elementary
schools or secondary schools or in other schools under the jurisdiction
of a local educational agency.
(e) OTHER CONDITIONS ON SELECTION.
(1) SELECTION SUBJECT TO FUNDING. The Secretary may not
select an eligible member of the Armed Forces to participate
in the Program under this section and receive financial assistance
under section 2304 unless the Secretary has sufficient appropriations
for the Program available at the time of the selection to satisfy
the obligations to be incurred by the United States under section
2304 with respect to the member.
(2) RESERVE COMMITMENT AGREEMENT. The Secretary may not
select an eligible member of the Armed Forces described in subsection
(a)(2)(A) to participate in the Program under this section and
receive financial assistance under section 2304 unless
(A) the Secretary notifies the Secretary concerned and the member
that the Secretary has reserved a full stipend or bonus under
section 2304 for the member; and
(B) the member executes a written agreement with the Secretary
concerned to serve as a member of the Selected Reserve of a reserve
component of the Armed Forces for a period of not less than 3
years (in addition to any other reserve commitment the member
may have).
SEC. 2304. PARTICIPATION AGREEMENT AND FINANCIAL ASSISTANCE.
(a) PARTICIPATION AGREEMENT.
(1) IN GENERAL. An eligible member of the Armed Forces
selected to participate in the Program under section 2303 and
receive financial assistance under this section shall be required
to enter into an agreement with the Secretary in which the member
agrees
(A) within such time as the Secretary may require, to obtain
certification or licensing as an elementary school teacher, secondary
school teacher, or vocational or technical teacher, and to become
a highly qualified teacher; and
(B) to accept an offer of full-time employment as an elementary
school teacher, secondary school teacher, or vocational or technical
teacher for not less than 3 school years with a high-need local
educational agency or public charter school, as such terms are
defined in section 2101, to begin the school year after obtaining
that certification or licensing.
(2) WAIVER. The Secretary may waive the 3-year commitment
described in paragraph (1)(B) for a participant if the Secretary
determines such waiver to be appropriate. If the Secretary provides
the waiver, the participant shall not be considered to be in
violation of the agreement and shall not be required to provide
reimbursement under subsection (f), for failure to meet the 3-year
commitment.
(b) VIOLATION OF PARTICIPATION AGREEMENT; EXCEPTIONS. A
participant in the Program shall not be considered to be in violation
of the participation agreement entered into under subsection
(a) during any period in which the participant
(1) is pursuing a full-time course of study related to the field
of teaching at an institution of higher education;
(2) is serving on active duty as a member of the Armed Forces;
(3) is temporarily totally disabled for a period of time not
to exceed 3 years as established by sworn affidavit of a qualified
physician;
(4) is unable to secure employment for a period not to exceed
12 months by reason of the care required by a spouse who is disabled;
(5) is a highly qualified teacher who is seeking and unable to
find full-time employment as a teacher in an elementary school
or secondary school or as a vocational or technical teacher for
a single period not to exceed 27 months; or
(6) satisfies the provisions of additional reimbursement exceptions
that may be prescribed by the Secretary.
(c) STIPEND FOR PARTICIPANTS.
(1) STIPEND AUTHORIZED. Subject to paragraph (2), the
Secretary may pay to a participant in the Program selected under
section 2303 a stipend in an amount of not more than $5,000.
(2) LIMITATION. The total number of stipends that may
be paid under paragraph (1) in any fiscal year may not exceed
5,000.
(d) BONUS FOR PARTICIPANTS.
(1) BONUS AUTHORIZED. Subject to paragraph (2), the Secretary
may, in lieu of paying a stipend under subsection (c), pay a
bonus of $10,000 to a participant in the Program selected under
section 2303 who agrees in the participation agreement under
subsection (a) to become a highly qualified teacher and to accept
full-time employment as an elementary school teacher, secondary
school teacher, or vocational or technical teacher for not less
than 3 school years in a high-need school.
(2) LIMITATION. The total number of bonuses that may be
paid under paragraph (1) in any fiscal year may not exceed 3,000.
(3) HIGH-NEED SCHOOL DEFINED. In this subsection, the
term high-need school means a public elementary school,
public secondary school, or public charter school that meets
one or more of the following criteria:
(A) LOW-INCOME CHILDREN. At least 50 percent of the students
enrolled in the school were from low-income families (as described
in section 2302(b)(2)(A)(i)).
(B) CHILDREN WITH DISABILITIES. The school has a large
percentage of students who qualify for assistance under part
B of the Individuals with Disabilities Education Act.
(e) TREATMENT OF STIPEND AND BONUS. A stipend or bonus
paid under this section to a participant in the Program shall
be taken into account in determining the eligibility of the participant
for Federal student financial assistance provided under title
IV of the Higher Education Act of 1965.
(f) REIMBURSEMENT UNDER CERTAIN CIRCUMSTANCES.
(1) REIMBURSEMENT REQUIRED. A participant in the Program
who is paid a stipend or bonus under this section shall be required
to repay the stipend or bonus under the following circumstances:
(A) FAILURE TO OBTAIN QUALIFICATIONS OR EMPLOYMENT. The
participant fails to obtain teacher certification or licensing,
to become a highly qualified teacher, or to obtain employment
as an elementary school teacher, secondary school teacher, or
vocational or technical teacher as required by the participation
agreement under subsection (a).
(B) TERMINATION OF EMPLOYMENT. The participant voluntarily
leaves, or is terminated for cause from, employment as an elementary
school teacher, secondary school teacher, or vocational or technical
teacher during the 3 years of required service in violation of
the participation agreement.
(C) FAILURE TO COMPLETE SERVICE UNDER RESERVE COMMITMENT AGREEMENT. The
participant executed a written agreement with the Secretary concerned
under section 2303(e)(2) to serve as a member of a reserve component
of the Armed Forces for a period of 3 years and fails to complete
the required term of service.
(2) AMOUNT OF REIMBURSEMENT. A participant required to
reimburse the Secretary for a stipend or bonus paid to the participant
under this section shall pay an amount that bears the same ratio
to the amount of the stipend or bonus as the unserved portion
of required service bears to the 3 years of required service.
Any amount owed by the participant shall bear interest at the
rate equal to the highest rate being paid by the United States
on the day on which the reimbursement is determined to be due
for securities having maturities of 90 days or less and shall
accrue from the day on which the participant is first notified
of the amount due.
(3) TREATMENT OF OBLIGATION. The obligation to reimburse
the Secretary under this subsection is, for all purposes, a debt
owing the United States. A discharge in bankruptcy under title
11, United States Code, shall not release a participant from
the obligation to reimburse the Secretary under this subsection.
(4) EXCEPTIONS TO REIMBURSEMENT REQUIREMENT. A participant
shall be excused from reimbursement under this subsection if
the participant becomes permanently totally disabled as established
by sworn affidavit of a qualified physician. The Secretary may
also waive the reimbursement in cases of extreme hardship to
the participant, as determined by the Secretary.
(g) RELATIONSHIP TO EDUCATIONAL ASSISTANCE UNDER MONTGOMERY GI
BILL. The receipt by a participant in the Program of a
stipend or bonus under this section shall not reduce or otherwise
affect the entitlement of the participant to any benefits under
chapter 30 of title 38, United States Code, or chapter 1606 of
title 10, United States Code.
SEC. 2305. PARTICIPATION BY STATES.
(a) DISCHARGE OF STATE ACTIVITIES THROUGH CONSORTIA OF STATES. The
Secretary may permit States participating in the Program to carry
out activities authorized for such States under the Program through
one or more consortia of such States.
(b) ASSISTANCE TO STATES.
(1) GRANTS AUTHORIZED. Subject to paragraph (2), the Secretary
may make grants to States participating in the Program, or to
consortia of such States, in order to permit such States or consortia
of States to operate offices for purposes of recruiting eligible
members of the Armed Forces for participation in the Program
and facilitating the employment of participants in the Program
as elementary school teachers, secondary school teachers, and
vocational or technical teachers.
(2) LIMITATION. The total amount of grants made under
paragraph (1) in any fiscal year may not exceed $5,000,000.
SEC. 2306. SUPPORT OF INNOVATIVE PRERETIREMENT
TEACHER CERTIFICATION PROGRAMS.
(a) PURPOSE. The purpose of this section is to provide
funding to develop, implement, and demonstrate teacher certification
programs.
(b) DEVELOPMENT, IMPLEMENTATION AND DEMONSTRATION. The
Secretary may enter into a memorandum of agreement with a State
educational agency, an institution of higher education, or a
consortia of State educational agencies or institutions of higher
education, to develop, implement, and demonstrate teacher certification
programs for members of the Armed Forces described in section
2303(a)(1)(B) for the purpose of assisting such members to consider
and prepare for a career as a highly qualified elementary school
teacher, secondary school teacher, or vocational or technical
teacher upon retirement from the Armed Forces.
(c) PROGRAM ELEMENTS.A teacher certification program under
subsection (b) shall
(1) provide recognition of military experience and training as
related to certification or licensing requirements;
(2) provide courses of instruction that may be conducted on or
near a military installation;
(3) incorporate alternative approaches to achieve teacher certification,
such as innovative methods to gaining field-based teaching experiences,
and assessment of background and experience as related to skills,
knowledge, and abilities required of elementary school teachers,
secondary school teachers, or vocational or technical teachers;
(4) provide for courses to be delivered via distance education
methods; and
(5) address any additional requirements or specifications established
by the Secretary.
(d) APPLICATION PROCEDURES.
(1) IN GENERAL. A State educational agency or institution
of higher education (or a consortium of State educational agencies
or institutions of higher education) that desires to enter into
a memorandum under subsection (b) shall prepare and submit to
the Secretary a proposal, at such time, in such manner, and containing
such information as the Secretary may require, including an assurance
that the State educational agency, institution, or consortium
is operating a program leading to State approved teacher certification.
(2) PREFERENCE. The Secretary shall give preference to
State educational agencies, institutions, and consortia that
submit proposals that provide for cost sharing with respect to
the program involved.
(e) CONTINUATION OF PROGRAMS. Upon successful completion
of the demonstration phase of teacher certification programs
funded under this section, the continued operation of the teacher
certification programs shall not be the responsibility of the
Secretary. A State educational agency, institution, or consortium
that desires
to continue a program that is funded under this section after
such funding is terminated shall use amounts derived from tuition
charges to continue such program.
(f) FUNDING LIMITATION. The total amount obligated by
the Secretary under this section for any fiscal year may not
exceed $10,000,000.
SEC. 2307. REPORTING REQUIREMENTS.
(a) REPORT REQUIRED. Not later than March 31, 2006, the
Secretary (in consultation with the Secretary of Defense and
the Secretary of Transportation) and the Comptroller General
of the United States shall submit to Congress a report on the
effectiveness of the Program in the recruitment and retention
of qualified personnel by local educational agencies and public
charter schools.
(b) ELEMENTS OF REPORT. The report submitted under subsection
(a) shall include information on the following:
(1) The number of participants in the Program.
(2) The schools in which the participants are employed.
(3) The grade levels at which the participants teach.
(4) The academic subjects taught by the participants.
(5) The rates of retention of the participants by the local educational
agencies and public charter schools employing the participants.
(6) Such other matters as the Secretary or the Comptroller General
of the United States, as the case may be, considers to be appropriate.
CHAPTER B TRANSITION TO TEACHING
PROGRAM
SEC. 2311. PURPOSES.
The purposes of this chapter are
(1) to establish a program to recruit and retain highly qualified
mid-career professionals (including highly qualified paraprofessionals),
and recent graduates of an institution of higher education, as
teachers in high-need schools, including recruiting teachers
through alternative routes to certification; and
(2) to encourage the development and expansion of alternative
routes to certification under State-approved programs that enable
individuals to be eligible for teacher certification within a
reduced period of time, relying on the experience, expertise,
and academic qualifications of an individual, or other factors
in lieu of traditional course work in the field of education.
SEC. 2312. DEFINITIONS.
In this chapter:
(1) ELIGIBLE PARTICIPANT. The term eligible participant means
(A) an individual with substantial, demonstrable career experience,
including a highly qualified paraprofessional; or
(B) an individual who is a graduate of an institution of higher
education who
(i) has graduated not more than 3 years before applying to an
eligible entity to teach under this chapter; and
(ii) in the case of an individual wishing to teach in a secondary
school, has completed an academic major (or courses totaling
an equivalent number of credit hours) in the academic subject
that the individual will teach.
(2) HIGH-NEED LOCAL EDUCATIONAL AGENCY. The term high-need
local educational agency has the meaning given the term
in section 2102.
(3) HIGH-NEED SCHOOL. The term high-need school means
a school that
(A) 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
(B)(i) is located in an area with a high percentage of out-of-field
teachers, as defined in section 2102;
(ii) is within the top quartile of elementary schools and secondary
schools statewide, as ranked by the number of unfilled, available
teacher positions at the schools;
(iii) is located in an area in which there is a high teacher
turnover rate; or
(iv) is located in an area in which there is a high percentage
of teachers who are not certified or licensed.
SEC. 2313. GRANT PROGRAM.
(a) IN GENERAL. The Secretary may establish a program
to make grants on a competitive basis to eligible entities to
develop State and local teacher corps or other programs to establish,
expand, or enhance teacher recruitment and retention efforts.
(b) ELIGIBLE ENTITY. To be eligible to receive a grant
under this section, an entity shall be
(1) a State educational agency;
(2) a high-need local educational agency;
(3) a for-profit or nonprofit organization that has a proven
record of effectively recruiting and retaining highly qualified
teachers, in a partnership with a high-need local educational
agency or with a State educational agency;
(4) an institution of higher education, in a partnership with
a high-need local educational agency or with a State educational
agency;
(5) a regional consortium of State educational agencies; or
(6) a consortium of high-need local educational agencies.
(c) PRIORITY. In making such a grant, the Secretary shall
give priority to a partnership or consortium that includes a
high-need State educational agency or local educational agency.
(d) APPLICATION.
(1) IN GENERAL. To be eligible to receive a grant under
this section, an entity described in subsection (b) shall submit
an application to the Secretary at such time, in such manner,
and containing such information as the Secretary may require.
(2) CONTENTS. The application shall describe
(A) one or more target recruitment groups on which the applicant
will focus its recruitment efforts;
(B) the characteristics of each such target group that
(i) show the knowledge and experience of the groups members;
and
(ii) demonstrate that the members are eligible to achieve the
objectives of this section;
(C) describe how the applicant will use funds received under
this section to develop a teacher corps or other program to recruit
and retain highly qualified mid-career professionals (which may
include highly qualified paraprofessionals), recent college graduates,
and recent graduate school graduates, as highly qualified teachers
in high-need schools operated by high-need local educational
agencies;
(D) explain how the program carried out under the grant will
meet the relevant State laws (including regulations) related
to teacher certification or licensing and facilitate the certification
or licensing of such teachers;
(E) describe how the grant will increase the number of highly
qualified teachers, in high-need schools operated by high-need
local educational agencies (in urban or rural school districts),
and in high-need academic subjects, in the jurisdiction served
by the applicant; and
(F) describe how the applicant will collaborate, as needed, with
other institutions, agencies, or organizations to recruit (particularly
through activities that have proven effective in retaining highly
qualified teachers), train, place, support, and provide teacher
induction programs to program participants under this chapter,
including providing evidence of the commitment of the institutions,
agencies, or organizations to the applicants programs.
(e) DURATION OF GRANTS. The Secretary may make grants
under this section for periods of 5 years. At the end of the
5-year period for such a grant, the grant recipient may apply
for an additional grant under this section.
(f) EQUITABLE DISTRIBUTION. To the extent practicable,
the Secretary shall ensure an equitable geographic distribution
of grants under this section among the regions of the United
States.
(g) USES OF FUNDS.
(1) IN GENERAL. An entity that receives a grant under
this section shall use the funds made available through the grant
to develop a teacher corps or other program in order to establish,
expand, or enhance a teacher recruitment and retention program
for highly qualified mid-career professionals (including highly
qualified paraprofessionals), and recent graduates of an institution
of higher education, who are eligible participants, including
activities that provide alternative routes to teacher certification.
(2) AUTHORIZED ACTIVITIES. The entity shall use the funds
to carry out a program that includes two or more of the following
activities:
(A) Providing scholarships, stipends, bonuses, and other financial
incentives, that are linked to participation in activities that
have proven effective in retaining teachers in high-need schools
operated by high-need local educational agencies, to all eligible
participants, in an amount not to exceed $5,000 per participant.
(B) Carrying out pre- and post-placement induction or support
activities that have proven effective in recruiting and retaining
teachers, such as
(i) teacher mentoring;
(ii) providing internships;
(iii) providing high-quality, pre-service coursework; and
(iv) providing high-quality, sustained in-service professional
development.
(C) Carrying out placement and ongoing activities to ensure that
teachers are placed in fields in which the teachers are highly
qualified to teach and are placed in high-need schools.
(D) Making payments to pay for costs associated with accepting
teachers recruited under this section from among eligible participants
or provide financial incentives to prospective teachers who are
eligible participants.
(E) Collaborating with institutions of higher education in developing
and implementing programs to facilitate teacher recruitment (including
teacher credentialing) and teacher retention programs.
(F) Carrying out other programs, projects, and activities that
are designed and have proven to be effective in recruiting and
retaining teachers, and that the Secretary determines to be appropriate.
(G) Developing long-term recruitment and retention strategies
including developing
(i) a statewide or regionwide clearinghouse for the recruitment
and placement of teachers;
(ii) administrative structures to develop and implement programs
to provide alternative routes to certification;
(iii) reciprocity agreements between or among States for the
certification or licensing of teachers; or
(iv) other long-term teacher recruitment and retention strategies.
(3) EFFECTIVE PROGRAMS. The entity shall use the funds
only for programs that have proven to be effective in both recruiting
and retaining teachers.
(h) REQUIREMENTS.
(1) TARGETING. An entity that receives a grant under this
section to carry out a program shall ensure that participants
in the program recruited with funds made available under this
section are placed in high-need schools operated by high-need
local educational agencies. In placing the participants in the
schools, the entity shall give priority to the schools that are
located in areas with the highest percentages of students from
families with incomes below the poverty line.
(2) SUPPLEMENT, NOT SUPPLANT.Funds made available under
this section shall be used to supplement, and not supplant, State
and local public funds expended for teacher recruitment and retention
programs, including programs to recruit the teachers through
alternative routes to certification.
(3) PARTNERSHIPS AND CONSORTIA OF LOCAL EDUCATIONAL AGENCIES. In
the case of a partnership established by a local educational
agency to carry out a program under this chapter, or a consortium
of such agencies established to carry out a program under this
chapter, the local educational agency or consortium shall not
be eligible to receive funds through a State program under this
chapter.
(i) PERIOD OF SERVICE. A program participant in a program
under this chapter who receives training through the program
shall serve a high-need school operated by a high-need local
educational agency for at least 3 years.
(j) REPAYMENT. The Secretary shall establish such requirements
as the Secretary determines to be appropriate to ensure that
program participants who receive a stipend or other financial
incentive under subsection (g)(2)(A), but fail to complete their
service obligation under subsection (i), repay all or a portion
of such stipend or other incentive.
(k) ADMINISTRATIVE FUNDS. No entity that receives a grant
under this section shall use more than 5 percent of the funds
made available through the grant for the administration of a
program under this chapter carried out under the grant.
SEC. 2314. EVALUATION AND ACCOUNTABILITY FOR RECRUITING AND
RETAINING TEACHERS.
(a) EVALUATION. Each entity that receives a grant under
this chapter shall conduct
(1) an interim evaluation of the program funded under the grant
at the end of the third year of the grant period; and
(2) a final evaluation of the program at the end of the fifth
year of the grant period.
(b) CONTENTS. In conducting the evaluation, the entity
shall describe the extent to which local educational agencies
that received funds through the grant have met the goals relating
to teacher recruitment and retention described in the application.
(c) REPORTS. The entity shall prepare and submit to the
Secretary and to Congress interim and final reports containing
the results of the interim and final evaluations, respectively.
(d) REVOCATION. If the Secretary determines that the recipient
of a grant under this chapter has not made substantial progress
in meeting such goals and the objectives of the grant by the
end of the third year of the grant period, the Secretary
(1) shall revoke the payment made for the fourth year of the
grant period; and
(2) shall not make a payment for the fifth year of the grant
period.
CHAPTER C GENERAL PROVISIONS
SEC. 2321. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL. There are authorized to be appropriated
to carry out this subpart $150,000,000 for fiscal year 2002 and
such sums as may be necessary for each of the 5 succeeding fiscal
years.
(b) RESERVATION. From the funds appropriated to carry
out this subpart for fiscal year 2002, the Secretary shall reserve
not more than $30,000,000 to carry out chapter A.