PART I — GENERAL HIGHER EDUCATION PROGRAMS
Higher Education Act of 1965
(P.L. 89–329)

TITLE II—TEACHER QUALITY ENHANCEMENT

PART A—TEACHER QUALITY ENHANCEMENT GRANTS FOR STATES AND PARTNERSHIPS

SEC. 201. ø20 U.S.C. 1021 PURPOSES; DEFINITIONS.
(a) PURPOSES. — The purposes of this part are to —
(1) improve student achievement;
(2) improve the quality of the current and future teaching force by improving the preparation of prospective teachers and enhancing professional development activities;
(3) hold institutions of higher education accountable for preparing teachers who have the necessary teaching skills and are highly competent in the academic content areas in which the teachers plan to teach, such as mathematics, science, English, foreign languages, history, economics, art, civics, Government, and geography, including training in the effective uses of technology in the classroom; and
(4) recruit highly qualified individuals, including individuals from other occupations, into the teaching force.
(b) 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 1 or more academic majors in disciplines or content areas corresponding to the academic subject matter areas in which teachers provide instruction; and
(B) when referring to a specific academic subject matter area, the disciplines or content areas in which academic majors are offered by the arts and science organizational unit.
(2) HIGH NEED LOCAL EDUCATIONAL AGENCY. — The term ‘‘high need local educational agency’’ means a local educational agency that serves an elementary school or secondary school located in an area in which there is —
(A) a high percentage of individuals from families with incomes below the poverty line;
(B) a high percentage of secondary school teachers not teaching in the content area in which the teachers were trained to teach; or
(C) a high teacher turnover rate.
(3) POVERTY LINE. — The term ‘‘poverty line’’ means the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a family of the size involved.

SEC. 202. ø20 U.S.C. 1022¿ STATE GRANTS.
(a) IN GENERAL. — From amounts made available under section 210(1) for a fiscal year, the Secretary is authorized to award grants under this section, on a competitive basis, to eligible States to enable the eligible States to carry out the activities described in subsection (d).
(b) ELIGIBLE STATE. —
(1) DEFINITION. — In this part, the term ‘‘eligible State’’ means —
(A) the Governor of a State; or (B) in the case of a State for which the constitution or law of such State designates another individual, entity, or agency in the State to be responsible for teacher certification and preparation activity, such individual, entity, or agency.
(2) CONSULTATION. — The Governor and the individual, entity, or agency designated under paragraph (1) shall consult with the Governor, State board of education, State educational agency, or State agency for higher education, as appropriate, with respect to the activities assisted under this section.
(3) CONSTRUCTION. — Nothing in this subsection shall be construed to negate or supersede the legal authority under State law of any State agency, State entity, or State public official over programs that are under the jurisdiction of the agency, entity, or official.
(c) APPLICATION. — To be eligible to receive a grant under this section, an eligible State shall, at the time of the initial grant application, submit an application to the Secretary that —
(1) meets the requirement of this section;
(2) includes a description of how the eligible State intends to use funds provided under this section; and
(3) contains such other information and assurances as the Secretary may require.
(d) USES OF FUNDS. — An eligible State that receives a grant under this section shall use the grant funds to reform teacher preparation requirements, and to ensure that current and future teachers possess the necessary teaching skills and academic content knowledge in the subject areas in which the teachers are assigned to teach, by carrying out 1 or more of the following activities:
(1) REFORMS. — Implementing reforms that hold institutions of higher education with teacher preparation programs accountable for preparing teachers who are highly competent in the academic content areas in which the teachers plan to teach, and possess strong teaching skills, which may include the use of rigorous subject matter competency tests and the requirement that a teacher have an academic major in the subject area, or related discipline, in which the teacher plans to teach.
(2) CERTIFICATION OR LICENSURE REQUIREMENTS. — Reforming teacher certification or licensure requirements to ensure that teachers have the necessary teaching skills and academic content knowledge in the subject areas in which teachers are assigned to teach.
(3) ALTERNATIVES TO TRADITIONAL PREPARATION FOR TEACHING. — Providing prospective teachers with alternatives to traditional preparation for teaching through programs at colleges of arts and sciences or at nonprofit educational organizations.
(4) ALTERNATIVE ROUTES TO STATE CERTIFICATION. —
Carrying out programs that —
(A) include support during the initial teaching experience; and
(B) establish, expand, or improve alternative routes to State certification of teachers for highly qualified individuals, including mid-career professionals from other occupations, paraprofessionals, former military personnel and recent college graduates with records of academic distinction.
(5) RECRUITMENT; PAY; REMOVAL. — Developing and implementing effective mechanisms to ensure that local educational agencies and schools are able to effectively recruit highly qualified teachers, to financially reward those teachers and principals whose students have made significant progress toward high academic performance, such as through performance-based compensation systems and access to ongoing professional development opportunities for teachers and administrators, and to expeditiously remove incompetent or unqualified teachers consistent with procedures to ensure due process for the teachers.
(6) SOCIAL PROMOTION. — Development and implementation of efforts to address the problem of social promotion and to prepare teachers to effectively address the issues raised by ending the practice of social promotion.
(7) RECRUITMENT. — Activities described in section 204(d).

SEC. 203. ø20 U.S.C. 1023 PARTNERSHIP GRANTS.
(a) GRANTS. — From amounts made available under section 210(2) for a fiscal year, the Secretary is authorized to award grants under this section, on a competitive basis, to eligible partnerships to enable the eligible partnerships to carry out the activities described in subsections (d) and (e).
(b) DEFINITIONS. —
(1) ELIGIBLE PARTNERSHIPS. — In this part, the term ‘‘eligible partnerships’’ means an entity that —
(A) shall include —
(i) a partner institution;
(ii) a school of arts and sciences; and
(iii) a high need local educational agency; and
(B) may include a Governor, State educational agency, the State board of education, the State agency for higher education, an institution of higher education not described in subparagraph (A), a public charter school, a public or private elementary school or secondary school, a public or private nonprofit educational organization, a business, a teacher organization, or a prekindergarten program.
(2) PARTNER INSTITUTION. — In this section, the term ‘‘partner institution’’ means a private independent or State-supported public institution of higher education, the teacher training program of which demonstrates that —
(A) graduates from the teacher training program exhibit strong performance on State-determined qualifying assessments for new teachers through —
(i) demonstrating that 80 percent or more of the graduates of the program who intend to enter the field of teaching have passed all of the applicable State qualification assessments for new teachers, which shall include an assessment of each prospective teacher’s subject matter knowledge in the content area or areas in which the teacher intends to teach; or
(ii) being ranked among the highest-performing teacher preparation programs in the State as determined by the State —
(I) using criteria consistent with the requirements for the State report card under section
207(b); and
(II) using the State report card on teacher preparation required under section 207(b), after the first publication of such report card and for every year thereafter; or
(B) the teacher training program requires all the students of the program to participate in intensive clinical experience, to meet high academic standards, and —
(i) in the case of secondary school candidates, to successfully complete an academic major in the subject area in which the candidate intends to teach or to demonstrate competence through a high level of performance in relevant content areas; and
(ii) in the case of elementary school candidates, to successfully complete an academic major in the arts and sciences or to demonstrate competence through a high level of performance in core academic subject areas.
(c) APPLICATION. — Each eligible partnership desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Each such application shall —
(1) contain a needs assessment of all the partners with respect to teaching and learning and a description of how the partnership will coordinate with other teacher training or professional development programs, and how the activities of the partnership will be consistent with State, local, and other education reform activities that promote student achievement;
(2) contain a resource assessment that describes the resources available to the partnership, the intended use of the grant funds, including a description of how the grant funds will be fairly distributed in accordance with subsection (f ), and the commitment of the resources of the partnership to the activities assisted under this part, including financial support, faculty participation, time commitments, and continuation of the activities when the grant ends; and
(3) contain a description of —
(A) how the partnership will meet the purposes of this part;
(B) how the partnership will carry out the activities required under subsection (d) and any permissible activities under subsection (e); and
(C) the partnership’s evaluation plan pursuant to section 206(b).
(d) REQUIRED USES OF FUNDS. — An eligible partnership that receives a grant under this section shall use the grant funds to carry out the following activities:
(1) REFORMS. — Implementing reforms within teacher preparation programs to hold the programs accountable for preparing teachers who are highly competent in the academic content areas in which the teachers plan to teach, and for promoting strong teaching skills, including working with a school of arts and sciences and integrating reliable research-based teaching methods into the curriculum, which curriculum shall include programs designed to successfully integrate technology into teaching and learning.
(2) CLINICAL EXPERIENCE AND INTERACTION. — Providing sustained and high quality preservice clinical experience including the mentoring of prospective teachers by veteran teachers, and substantially increasing interaction between faculty at institutions of higher education and new and experienced teachers, principals, and other administrators at elementary schools or secondary schools, and providing support, including preparation time, for such interaction.
(3) PROFESSIONAL DEVELOPMENT. — Creating opportunities for enhanced and ongoing professional development that improves the academic content knowledge of teachers in the subject areas in which the teachers are certified to teach or in which the teachers are working toward certification to teach, and that promotes strong teaching skills.
(e) ALLOWABLE USES OF FUNDS. — An eligible partnership that receives a grant under this section may use such funds to carry out the following activities:
(1) TEACHER PREPARATION AND PARENT INVOLVEMENT. — Preparing teachers to work with diverse student populations, including individuals with disabilities and limited English proficient individuals, and involving parents in the teacher preparation program reform process.
(2) DISSEMINATION AND COORDINATION. — Broadly disseminating information on effective practices used by the partnership, and coordinating with the activities of the Governor, State board of education, State higher education agency, and State educational agency, as appropriate.
(3) MANAGERIAL AND LEADERSHIP SKILLS. — Developing and implementing proven mechanisms to provide principals and superintendents with effective managerial and leadership skills that result in increased student achievement.
(4) TEACHER RECRUITMENT. — Activities described in section 204(d).
(f ) SPECIAL RULE. — No individual member of an eligible partnership shall retain more than 50 percent of the funds made available to the partnership under this section.
(g) CONSTRUCTION. — Nothing in this section shall be construed to prohibit an eligible partnership from using grant funds to coordinate with the activities of more than one Governor, State board of education, State educational agency, local educational agency, or State agency for higher education.

SEC. 204. ø20 U.S.C. 1024¿ TEACHER RECRUITMENT GRANTS.
(a) PROGRAM AUTHORIZED. — From amounts made available under section 210(3) for a fiscal year, the Secretary is authorized to award grants, on a competitive basis, to eligible applicants to enable the eligible applicants to carry out activities described in subsection (d).
(b) ELIGIBLE APPLICANT DEFINED. — In this part, the term ‘‘eligible applicant’’ means —
(1) an eligible State described in section 202(b); or
(2) an eligible partnership described in section 203(b).
(c) APPLICATION. — Any eligible applicant desiring to receive a grant under this section shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may require, including —
(1) a description of the assessment that the eligible applicant, and the other entities with whom the eligible applicant will carry out the grant activities, have undertaken to determine the most critical needs of the participating high-need local educational agencies;
(2) a description of the activities the eligible applicant will carry out with the grant; and
(3) a description of the eligible applicant’s plan for continuing the activities carried out with the grant, once Federal funding ceases.
(d) USES OF FUNDS. — Each eligible applicant receiving a grant under this section shall use the grant funds —
(1)(A) to award scholarships to help students pay the costs of tuition, room, board, and other expenses of completing a teacher preparation program;
(B) to provide support services, if needed to enable scholarship recipients to complete postsecondary education programs; and
(C) for followup services provided to former scholarship recipients during the recipients first 3 years of teaching; or
(2) to develop and implement effective mechanisms to ensure that high need local educational agencies and schools are able to effectively recruit highly qualified teachers.
(e) SERVICE REQUIREMENTS. — The Secretary shall establish such requirements as the Secretary finds necessary to ensure that recipients of scholarships under this section who complete teacher education programs subsequently teach in a high-need local educational agency, for a period of time equivalent to the period for which the recipients receive scholarship assistance, or repay the amount of the scholarship. The Secretary shall use any such repayments to carry out additional activities under this section.

SEC. 205. ø20 U.S.C. 1025 ADMINISTRATIVE PROVISIONS.
(a) DURATION; ONE-TIME AWARDS; PAYMENTS. —
(1) DURATION. —
(A) ELIGIBLE STATES AND ELIGIBLE APPLICANTS. — Grants awarded to eligible States and eligible applicants under this part shall be awarded for a period not to exceed 3 years.
(B) ELIGIBLE PARTNERSHIPS. — Grants awarded to eligible partnerships under this part shall be awarded for a period of 5 years.
(2) ONE-TIME AWARD. — An eligible State and an eligible partnership may receive a grant under each of sections 202, 203, and 204 only once.
(3) PAYMENTS. — The Secretary shall make annual payments of grant funds awarded under this part.
(b) PEER REVIEW. —
(1) PANEL. — The Secretary shall provide the applications submitted under this part to a peer review panel for evaluation. With respect to each application, the peer review panel shall initially recommend the application for funding or for disapproval.
(2) PRIORITY. — In recommending applications to the Secretary for funding under this part, the panel shall —
(A) with respect to grants under section 202, give priority to eligible States serving States that —
(i) have initiatives to reform State teacher certification requirements that are designed to ensure that current and future teachers possess the necessary teaching skills and academic content knowledge in the subject areas in which the teachers are certified or licensed to teach;
(ii) include innovative reforms to hold institutions of higher education with teacher preparation programs accountable for preparing teachers who are highly competent in the academic content area in which the teachers plan to teach and have strong teaching skills; or
(iii) involve the development of innovative efforts aimed at reducing the shortage of highly qualified teachers in high poverty urban and rural areas;
(B) with respect to grants under section 203 —
(i) give priority to applications from eligible partnerships that involve businesses; and
(ii) take into consideration —
(I) providing an equitable geographic distribution of the grants throughout the United States; and
(II) the potential of the proposed activities for creating improvement and positive change.
(3) SECRETARIAL SELECTION. — The Secretary shall determine, based on the peer review process, which application shall receive funding and the amounts of the grants. In determining grant amounts, the Secretary shall take into account the total amount of funds available for all grants under this part and the types of activities proposed to be carried out.
(c) MATCHING REQUIREMENTS. —
(1) STATE GRANTS. — Each eligible State receiving a grant under section 202 or 204 shall provide, from non-Federal sources, an amount equal to 50 percent of the amount of the grant (in cash or in kind) to carry out the activities supported by the grant.
(2) PARTNERSHIP GRANTS. — Each eligible partnership receiving a grant under section 203 or 204 shall provide, from non-Federal sources (in cash or in kind), an amount equal to 25 percent of the grant for the first year of the grant, 35 percent of the grant for the second year of the grant, and 50 percent of the grant for each succeeding year of the grant.
(d) LIMITATION ON ADMINISTRATIVE EXPENSES. — An eligible State or eligible partnership that receives a grant under this part may not use more than 2 percent of the grant funds for purposes of administering the grant.
(e) TEACHER QUALIFICATIONS PROVIDED TO PARENTS UPON REQUEST. — Any local educational agency or school that benefits from the activities assisted under this part shall make available, upon request and in an understandable and uniform format, to any parent of a student attending any school served by the local educational agency, information regarding the qualification of the student’s classroom teacher with regard to the subject matter in which the teacher provides instruction. The local educational agency shall inform parents that the parents are entitled to receive the information upon request.

SEC. 206. ø20 U.S.C. 1026 ACCOUNTABILITY AND EVALUATION.
(a) STATE GRANT ACCOUNTABILITY REPORT. — An eligible State that receives a grant under section 202 shall submit an annual accountability report to the Secretary, the Committee on Labor and Human Resources of the Senate, and the Committee on Education and the Workforce of the House of Representatives. Such report shall include a description of the degree to which the eligible State, in using funds provided under such section, has made substantial progress in meeting the following goals:
(1) STUDENT ACHIEVEMENT. — Increasing student achievement for all students as defined by the eligible State.
(2) RAISING STANDARDS. — Raising the State academic standards required to enter the teaching profession, including, where appropriate, through the use of incentives to incorporate the requirement of an academic major in the subject, or related discipline, in which the teacher plans to teach.
(3) INITIAL CERTIFICATION OR LICENSURE. — Increasing success in the pass rate for initial State teacher certification or licensure, or increasing the numbers of highly qualified individuals being certified or licensed as teachers through alternative programs.
(4) CORE ACADEMIC SUBJECTS. —
(A) SECONDARY SCHOOL CLASSES. — Increasing the percentage of secondary school classes taught in core academic subject areas by teachers —
(i) with academic majors in those areas or in a related field;
(ii) who can demonstrate a high level of competence through rigorous academic subject area tests; or
(iii) who can demonstrate competence through a high level of performance in relevant content areas.
(B) ELEMENTARY SCHOOL CLASSES. — Increasing the percentage of elementary school classes taught by
Teachers —
(i) with academic majors in the arts and sciences; or
(ii) who can demonstrate competence through a high level of performance in core academic subjects.
(5) DECREASING TEACHER SHORTAGES. — Decreasing shortages of qualified teachers in poor urban and rural areas.
(6) INCREASING OPPORTUNITIES FOR PROFESSIONAL DEVELOPMENT. — Increasing opportunities for enhanced and ongoing professional development that improves the academic content knowledge of teachers in the subject areas in which the teachers are certified or licensed to teach or in which the teachers are working toward certification or licensure to teach, and that promotes strong teaching skills.
(7) TECHNOLOGY INTEGRATION. — Increasing the number of teachers prepared to integrate technology in the classroom.
(b) ELIGIBLE PARTNERSHIP EVALUATION. — Each eligible partnership receiving a grant under section 203 shall establish and include in the application submitted under section 203(c), an evaluation plan that includes strong performance objectives. The plan shall include objectives and measures for —
(1) increased student achievement for all students as measured by the partnership;
(2) increased teacher retention in the first 3 years of a teacher’s career;
(3) increased success in the pass rate for initial State certification or licensure of teachers; and
(4) increased percentage of secondary school classes taught in core academic subject areas by teachers —
(A) with academic majors in the areas or in a related field; and
(B) who can demonstrate a high level of competence through rigorous academic subject area tests or who can demonstrate competence through a high level of performance in relevant content areas;
(5) increasing the percentage of elementary school classes taught by teachers with academic majors in the arts and sciences or who demonstrate competence through a high level of performance in core academic subject areas; and
(6) increasing the number of teachers trained in technology.
(c) REVOCATION OF GRANT. —
(1) REPORT. — Each eligible State or eligible partnership receiving a grant under this part shall report annually on the progress of the eligible State or eligible partnership toward meeting the purposes of this part and the goals, objectives, and measures described in subsections (a) and (b).
(2) REVOCATION. —
(A) ELIGIBLE STATES AND ELIGIBLE APPLICANTS. — If the Secretary determines that an eligible State or eligible applicant is not making substantial progress in meeting the purposes, goals, objectives, and measures, as appropriate, by the end of the second year of a grant under this part, then the grant payment shall not be made for the third year of the grant.
(B) ELIGIBLE PARTNERSHIPS. — If the Secretary determines that an eligible partnership is not making substantial progress in meeting the purposes, goals, objectives, and measures, as appropriate, by the end of the third year of a grant under this part, then the grant payments shall not be made for any succeeding year of the grant.
(d) EVALUATION AND DISSEMINATION. — The Secretary shall evaluate the activities funded under this part and report the Secretary’s findings regarding the activities to the Committee on Labor and Human Resources of the Senate and the Committee on Education and the Workforce of the House of Representatives. The Secretary shall broadly disseminate successful practices developed by eligible States and eligible partnerships under this part, and shall broadly disseminate information regarding such practices that were found to be ineffective.

SEC. 207. ø20 U.S.C. 1027 ACCOUNTABILITY FOR PROGRAMS THAT PREPARE TEACHERS.
(a) DEVELOPMENT OF DEFINITIONS AND REPORTING METHODS. — Within 9 months of the date of enactment of the Higher Education Amendments of 1998, the Commissioner of the National Center for Education Statistics, in consultation with States and institutions of higher education, shall develop key definitions for terms, and uniform reporting methods (including the key definitions for the consistent reporting of pass rates), related to the performance of elementary school and secondary school teacher preparation programs.
(b) STATE REPORT CARD ON THE QUALITY OF TEACHER PREPARATION.— Each State that receives funds under this Act shall provide to the Secretary, within 2 years of the date of enactment of the Higher Education Amendments of 1998, and annually thereafter, in a uniform and comprehensible manner that conforms with the definitions and methods established in subsection (a), a State report card on the quality of teacher preparation in the State, which shall include at least the following:
(1) A description of the teacher certification and licensure assessments, and any other certification and licensure requirements, used by the State.
(2) The standards and criteria that prospective teachers must meet in order to attain initial teacher certification or licensure and to be certified or licensed to teach particular subjects or in particular grades within the State.
(3) A description of the extent to which the assessments and requirements described in paragraph (1) are aligned with the State’s standards and assessments for students.
(4) The percentage of teaching candidates who passed each of the assessments used by the State for teacher certification and licensure, and the passing score on each assessment that determines whether a candidate has passed that assessment.
(5) The percentage of teaching candidates who passed each of the assessments used by the State for teacher certification and licensure, disaggregated and ranked, by the teacher preparation program in that State from which the teacher candidate received the candidate’s most recent degree, which shall be made available widely and publicly.
(6) Information on the extent to which teachers in the State are given waivers of State certification or licensure requirements, including the proportion of such teachers distributed across high- and low-poverty school districts and across subject areas.
(7) A description of each State’s alternative routes to teacher certification, if any, and the percentage of teachers certified through alternative certification routes who pass State teacher certification or licensure assessments.
(8) For each State, a description of proposed criteria for assessing the performance of teacher preparation programs within institutions of higher education in the State, including indicators of teacher candidate knowledge and skills.
(9) Information on the extent to which teachers or prospective teachers in each State are required to take examinations or other assessments of their subject matter knowledge in the area or areas in which the teachers provide instruction, the standards established for passing any such assessments, and the extent to which teachers or prospective teachers are required to receive a passing score on such assessments in order to teach in specific subject areas or grade levels.
(c) INITIAL REPORT. —
(1) IN GENERAL. — Each State that receives funds under this Act, not later than 6 months of the date of enactment of the Higher Education Amendments of 1998 and in a uniform and comprehensible manner, shall submit to the Secretary the information described in paragraphs (1), (5), and (6) of subsection (b). Such information shall be compiled by the Secretary and submitted to the Committee on Labor and Human Resources of the Senate and the Committee on Education and the Workforce of the House of Representatives not later than 9 months after the date of enactment of the Higher Education Amendments of 1998.
(2) CONSTRUCTION. — Nothing in this subsection shall be construed to require a State to gather information that is not in the possession of the State or the teacher preparation programs in the State, or readily available to the State or teacher preparation programs.
(d) REPORT OF THE SECRETARY ON THE QUALITY OF TEACHER PREPARATION. —
(1) REPORT CARD.—The Secretary shall provide to Congress, and publish and make widely available, a report card on teacher qualifications and preparation in the United States, including all the information reported in paragraphs (1) through (9) of subsection (b). Such report shall identify States for which eligible States and eligible partnerships received a grant under this part. Such report shall be so provided, published and made available not later than 2 years 6 months after the date of enactment of the Higher Education Amendments of 1998 and annually thereafter.
(2) REPORT TO CONGRESS. — The Secretary shall report to Congress —
(A) a comparison of States’ efforts to improve teaching quality; and
(B) regarding the national mean and median scores on any standardized test that is used in more than 1 State for teacher certification or licensure.
(3) SPECIAL RULE. — In the case of teacher preparation programs with fewer than 10 graduates taking any single initial teacher certification or licensure assessment during an academic year, the Secretary shall collect and publish information with respect to an average pass rate on State certification or licensure assessments taken over a 3-year period.
(e) COORDINATION. — The Secretary, to the extent practicable, shall coordinate the information collected and published under this part among States for individuals who took State teacher certification or licensure assessments in a State other than the State in which the individual received the individual’s most recent degree.
(f ) INSTITUTIONAL REPORT CARDS ON THE QUALITY OF TEACHER PREPARATION.—
(1) REPORT CARD.—Each institution of higher education that conducts a teacher preparation program that enrolls students receiving Federal assistance under this Act, not later than 18 months after the date of enactment of the Higher Education Amendments of 1998 and annually thereafter, shall report to the State and the general public, in a uniform and comprehensible manner that conforms with the definitions and methods established under subsection
(a), the following information:
(A) PASS RATE. —
(i) For the most recent year for which the information is available, the pass rate of the institution’s graduates on the teacher certification or licensure assessments of the State in which the institution is located, but only for those students who took those assessments within 3 years of completing the program.
(ii) A comparison of the program’s pass rate with the average pass rate for programs in the State.
(iii) In the case of teacher preparation programs with fewer than 10 graduates taking any single initial teacher certification or licensure assessment during an academic year, the institution shall collect and publish information with respect to an average pass rate on State certification or licensure assessments taken over a 3-year period.
(B) PROGRAM INFORMATION. — The number of students in the program, the average number of hours of supervised practice teaching required for those in the program, and the faculty-student ratio in supervised practice teaching.
(C) STATEMENT. — In States that approve or accredit teacher education programs, a statement of whether the institution’s program is so approved or accredited.
(D) DESIGNATION AS LOW-PERFORMING. — Whether the program has been designated as low-performing by the State under section 208(a).
(2) REQUIREMENT. — The information described in paragraph (1) shall be reported through publications such as school catalogs and promotional materials sent to potential applicants, secondary school guidance counselors, and prospective employers of the institution’s program graduates.
(3) FINES. — In addition to the actions authorized in section 487(c), the Secretary may impose a fine not to exceed $25,000 on an institution of higher education for failure to provide the information described in this subsection in a timely or accurate manner.

SEC. 208. ø20 U.S.C. 1028 STATE FUNCTIONS.
(a) STATE ASSESSMENT. — In order to receive funds under this Act, a State, not later than 2 years after the date of enactment of the Higher Education Amendments of 1998, shall have in place a procedure to identify, and assist, through the provision of technical assistance, low-performing programs of teacher preparation within institutions of higher education. Such State shall provide the Secretary an annual list of such low-performing institutions that includes an identification of those institutions at-risk of being placed on such list. Such levels of performance shall be determined solely by the State and may include criteria based upon information collected pursuant to this part. Such assessment shall be described in the report under section 207(b).
(b) TERMINATION OF ELIGIBILITY. — Any institution of higher education that offers a program of teacher preparation in which the State has withdrawn the State’s approval or terminated the State’s financial support due to the low performance of the institution’s teacher preparation program based upon the State assessment described in subsection (a) —
(1) shall be ineligible for any funding for professional development activities awarded by the Department of Education; and
(2) shall not be permitted to accept or enroll any student that receives aid under title IV of this Act in the institution’s teacher preparation program.
(c) NEGOTIATED RULEMAKING. — If the Secretary develops any regulations implementing subsection (b)(2), the Secretary shall submit such proposed regulations to a negotiated rulemaking process, which shall include representatives of States, institutions of higher education, and educational and student organizations.

SEC. 209. ø20 U.S.C. 1029 GENERAL PROVISIONS.
(a) METHODS. — In complying with sections 207 and 208, the Secretary shall ensure that States and institutions of higher education use fair and equitable methods in reporting and that the reporting methods protect the privacy of individuals.
(b) SPECIAL RULE. — For each State in which there are no State certification or licensure assessments, or for States that do not set minimum performance levels on those assessments —
(1) the Secretary shall, to the extent practicable, collect data comparable to the data required under this part from States, local educational agencies, institutions of higher education, or other entities that administer such assessments to teachers or prospective teachers; and
(2) notwithstanding any other provision of this part, the Secretary shall use such data to carry out requirements of this part related to assessments or pass rates.
(c) LIMITATIONS. —
(1) FEDERAL CONTROL PROHIBITED. — Nothing in this part shall be construed to permit, allow, encourage, or authorize any Federal control over any aspect of any private, religious, or home school, whether or not a home school is treated as a private school or home school under State law. This section shall not be construed to prohibit private, religious, or home schools from participation in programs or services under this part.
(2) NO CHANGE IN STATE CONTROL ENCOURAGED OR REQUIRED. — Nothing in this part shall be construed to encourage or require any change in a State’s treatment of any private, religious, or home school, whether or not a home school is treated as a private school or home school under State law.
(3) NATIONAL SYSTEM OF TEACHER CERTIFICATION PROHIBITED. — Nothing in this part shall be construed to permit, allow, encourage, or authorize the Secretary to establish or support any national system of teacher certification.

SEC. 210. ø20 U.S.C. 1030 AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this part $300,000,000 for fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years, of which —
(1) 45 percent shall be available for each fiscal year to award grants under section 202;
(2) 45 percent shall be available for each fiscal year to award grants under section 203; and
(3) 10 percent shall be available for each fiscal year to award grants under section 204.