[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 101 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                 S. 101

          To improve teacher quality, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 22, 2001

 Mr. Bingaman introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
          To improve teacher quality, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Quality Teachers for All Act''.

                        TITLE I--PARENTAL RIGHTS

SEC. 101. PARENTAL RIGHT TO KNOW.

    Part E of title XIV of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 8891 et seq.) is amended by adding at the end the 
following:

``SEC. 14515. TEACHER QUALIFICATIONS.

    ``Any public elementary school or secondary school that receives 
funds under this Act shall provide to the parents of each student 
enrolled in the school information regarding--
            ``(1) the professional qualifications of each of the 
        student's teachers, both generally and with respect to the 
        subject area in which the teacher provides instruction; and
            ``(2) the minimum professional qualifications required by 
        the State for teacher certification or licensure.''.

                       TITLE II--TEACHER QUALITY

SEC. 201. TEACHER QUALITY.

    (a) In General.--Section 1111 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6311) is amended--
            (1) by redesignating subsections (c) through (g) as 
        subsections (f) through (j), respectively; and
            (2) by inserting after subsection (b) the following:
    ``(c) Teacher Quality.--
            ``(1) State standards and policies.--Each State plan shall 
        contain assurances, with respect to schools served under this 
        part, that--
                    ``(A) no student in those schools in the State will 
                be taught for more than 1 year by an elementary school 
                teacher, or for more than 2 consecutive years in the 
                same subject by a secondary school teacher, who has not 
                demonstrated the subject matter knowledge, teaching 
                knowledge, and teaching skill necessary to teach 
                effectively in the subject in which the teacher 
                provides instruction;
                    ``(B) the State provides incentives for teachers in 
                those schools to pursue and achieve advanced teaching 
                and subject area content standards;
                    ``(C) the State has in place effective mechanisms 
                to ensure that local educational agencies and schools 
                served under this part are able--
                            ``(i) to recruit effectively fully 
                        qualified teachers;
                            ``(ii) to reward financially 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
                            ``(iii) to remove expeditiously incompetent 
                        or unqualified teachers consistent with 
                        procedures to ensure due process for teachers;
                    ``(D) the State aggressively helps those schools, 
                particularly in high need areas, recruit and retain 
                fully qualified teachers;
                    ``(E) during the period that begins on the date of 
                enactment of the Quality Teachers for All Act and ends 
                4 years after such date, elementary school and 
                secondary school teachers in those schools will be at 
                least as well qualified, in terms of experience and 
                credentials, as the instructional staff in schools 
                served by the same local educational agency that are 
                not schools served under this part; and
                    ``(F) any teacher who meets the standards set by 
                the National Board for Professional Teaching Standards 
                will be considered fully qualified to teach in those 
                schools in any school district or community in the 
                State.
            ``(2) Qualifications of certain instructional staff.--
                    ``(A) In general.--Each State plan shall contain 
                assurances that, not later than 4 years after the date 
                of enactment of the Quality Teachers for All Act--
                            ``(i) all instructional staff who provide 
                        services to students under section 1114 or 1115 
                        will have demonstrated the subject matter 
                        knowledge, teaching knowledge, and teaching 
                        skill necessary to teach effectively in the 
                        subject in which the staff provides 
                        instruction, according to the criteria 
                        described in this paragraph; and
                            ``(ii) funds provided under this part will 
                        not be used to support instructional staff--
                                    ``(I) who provide services to 
                                students under section 1114 or 1115; 
                                and
                                    ``(II) for whom State qualification 
                                or licensing requirements have been 
                                waived or who are teaching under an 
                                emergency or other provisional 
                                credential.
                    ``(B) Elementary school instructional staff.--For 
                purposes of making the demonstration described in 
subparagraph (A)(i), each member of the instructional staff who teaches 
elementary school students shall, at a minimum--
                            ``(i) have State certification (which may 
                        include certification obtained through 
                        alternative means) or a State license to teach; 
                        and
                            ``(ii) hold a bachelor's degree and 
                        demonstrate subject matter knowledge, teaching 
                        knowledge, and teaching skill required to teach 
                        effectively in reading, writing, mathematics, 
                        social studies, science, and other elements of 
                        a liberal arts education.
                    ``(C) Middle school and secondary school 
                instructional staff.--For purposes of making the 
                demonstration described in subparagraph (A)(i), each 
                member of the instructional staff who teaches in middle 
                schools and secondary schools shall, at a minimum--
                            ``(i) have State certification (which may 
                        include certification obtained through 
                        alternative means) or a State license to teach; 
                        and
                            ``(ii) hold a bachelor's degree or higher 
                        degree and demonstrate a high level of 
                        competence in all subject areas in which the 
                        staff member teaches through--
                                    ``(I) achievement of a high level 
                                of performance on rigorous academic 
                                subject area tests;
                                    ``(II) completion of an academic 
                                major (or courses totaling an 
                                equivalent number of credit hours) in 
                                each of the subject areas in which the 
                                staff member provides instruction; or
                                    ``(III) achievement of a high level 
                                of performance in relevant subject 
                                areas through other professional 
                                employment experience.
                    ``(D) Teacher aides and other paraprofessionals.--
                For purposes of subparagraph (A) funds provided under 
                this part may be used to employ teacher aides or other 
                paraprofessionals who do not meet the requirements 
                under subparagraphs (B) and (C) only if such aides or 
                paraprofessionals--
                            ``(i) provide instruction only when under 
                        the direct and immediate supervision, and in 
                        the immediate presence, of instructional staff 
                        who meet the criteria of this paragraph; and
                            ``(ii) possess particular skills necessary 
                        to assist instructional staff in providing 
                        services to students served under this Act.
                    ``(E) Use of funds.--Each State plan shall contain 
                assurances that, beginning on the date of enactment of 
                the Quality Teachers for All Act, no school served 
                under this part will use funds received under this Act 
                to hire instructional staff who do not fully meet all 
                the criteria for instructional staff described in this 
                paragraph.
                    ``(F) Definition.--In this paragraph, the term 
                `instructional staff' includes any individual who has 
                responsibility for providing any student or group of 
                students with instruction in any of the core academic 
                subject areas, including reading, writing, language 
                arts, mathematics, science, and social studies.
    ``(d) Assistance by State Educational Agency.--Each State plan 
shall describe how the State educational agency will help each local 
educational agency and school in the State develop the capacity to 
comply with the requirements of this section.
    ``(e) Corrective Action.--The appropriate State educational agency 
shall take corrective action consistent with section 1116(c)(5)(B)(i), 
against any local educational agency that does not make sufficient 
effort to comply with subsection (c). Such corrective action shall be 
taken regardless of the conditions set forth in section 
1116(c)(5)(B)(ii). In a case in which the State fails to take the 
corrective action, the Secretary shall withhold funds from such State 
up to an amount equal to that reserved under sections 1003(a) and 
1603(c).''.
    (b) Instructional Aides.--Section 1119 of Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6320) is amended by striking 
subsection (i).

SEC. 202. FULLY QUALIFIED TEACHER IN EVERY CLASSROOM.

    Title I of the Elementary and Secondary Education Act of 1965 is 
amended by inserting after section 1119 (20 U.S.C. 6320) the following 
new sections:

``SEC. 1119A. A FULLY QUALIFIED TEACHER IN EVERY CLASSROOM.

    ``(a) Grants.--
            ``(1) In general.--The Secretary may make grants, on a 
        competitive basis, to States or local educational agencies, to 
assist schools that receive assistance under this part by carrying out 
the activities described in paragraph (3).
            ``(2) Application.--To be eligible to receive a grant under 
        paragraph (1), a State or local educational agency shall submit 
        an application to the Secretary at such time, in such manner, 
        and containing such information as the Secretary may require.
            ``(3) Uses of funds.--
                    ``(A) States.--In order to meet the goal under 
                section 1111(c)(2) of ensuring that all instructional 
                staff in schools served under this part have the 
                subject matter knowledge, teaching knowledge, and 
                teaching skill necessary to teach effectively in the 
                subject in which the staff provides instruction, a 
                State may use funds received under this section--
                            ``(i) to collaborate with programs that 
                        recruit, place, and train fully qualified 
                        teachers;
                            ``(ii) to provide the necessary education 
                        and training, including establishing continuing 
                        education programs and paying the costs of 
                        tuition at an institution of higher education 
and other student fees (for programs that meet the criteria under 
section 203(b)(2)(A)(i) of the Higher Education Act of 1965 (20 U.S.C. 
1023(b)(2)(A)(i))), to help teachers or other school personnel who do 
not meet the necessary qualifications and licensing requirements to 
meet the requirements, except that in order to qualify for a payment of 
tuition or fees under this clause an individual shall agree to teach 
for each of at least 2 subsequent academic years after receiving such 
degree in a school that--
                                    ``(I) is located in a school 
                                district served by a local educational 
                                agency that is eligible in that 
                                academic year for assistance under this 
                                title; and
                                    ``(II) for that academic year, has 
                                been determined by the Secretary to be 
                                a school in which the enrollment of 
                                children counted under section 1124(c) 
                                exceeds 50 percent of the total 
                                enrollment of that school;
                            ``(iii) to establish, expand, or improve 
                        alternative means of State certification of 
                        teachers for highly qualified individuals with 
                        a minimum of a baccalaureate degree, including 
                        mid-career professionals from other 
                        occupations, paraprofessionals, former military 
                        personnel, and recent graduates of an 
                        institution of higher education with records of 
                        academic distinction who demonstrate the 
                        potential to become highly effective teachers;
                            ``(iv) for projects to increase the 
                        portability of teacher pensions or credited 
                        years of experience or to promote reciprocity 
                        of teacher certification or licensure between 
                        or among States, except that no reciprocity 
                        agreement developed under this clause or 
                        developed using funds provided under this part 
                        may lead to the weakening of any State teaching 
                        certification or licensing requirement; or
                            ``(v) to establish, expand, or improve 
                        induction programs designed to support new 
                        teachers and promote retention of new teachers 
                        in schools served under this part.
                    ``(B) Local educational agencies.--In order to meet 
                the goal described in subparagraph (A), a local 
                educational agency may use funds received under this 
                section--
                            ``(i) to recruit fully qualified teachers, 
                        including through the use of signing bonuses or 
                        other financial incentives; and
                            ``(ii) to carry out the activities 
                        described in clauses (i), (ii), and (v) of 
                        subparagraph (A).
            ``(4) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection 
        $500,000,000 for fiscal year 2002 and such sums as may be 
        necessary for each subsequent fiscal year.
    ``(b) Other Assistance.--Notwithstanding any other provision of 
law, in order to meet the goal described in subsection (a)(3)(A)--
            ``(1) a State receiving assistance under title II, title 
        VI, title II of the Higher Education Act of 1965 (20 U.S.C. 
        1021 et seq.), or the Goals 2000: Educate America Act (20 
        U.S.C. 5801 et seq.) may use such assistance for the activities 
        described in subsection (a)(3)(A); and
            ``(2) a local educational agency receiving assistance under 
        an authority described in paragraph (1) may use such assistance 
        for the activities described in subsection (a)(3)(B).

``SEC. 1119B. CERTIFICATION GRANTS.

    ``(a) Grants.--The Secretary may make grants to State educational 
agencies, local educational agencies, or schools that receive 
assistance under this part to pay for the Federal share of the cost of 
providing financial assistance to teachers in such schools who obtain 
certification from the National Board of Professional Teaching 
Standards.
    ``(b) Application.--To be eligible to receive a grant under this 
section an agency or school shall submit an application to the 
Secretary at such time, in such manner, and containing such information 
as the Secretary may require.
    ``(c) Eligible Teachers.--To be eligible to receive financial 
assistance under subsection (a), a teacher shall obtain the 
certification described in subsection (a).
    ``(d) Federal Share.--The Federal share of the cost described in 
subsection (a) shall be 50 percent.
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $10,000,000 for fiscal year 2002 
and such sums as may be necessary for each subsequent fiscal year.''.

SEC. 203. LIMITATION.

    Part E of title XIV of the Elementary and Secondary Education Act 
of 1965, as amended in section 101, is further amended by adding at the 
end the following:

``SEC. 14516. PROHIBITION REGARDING PROFESSIONAL DEVELOPMENT SERVICES.

    ``None of the funds provided under this Act may be used for any 
professional development services for a teacher that are not directly 
related to the curriculum and subjects in which the teacher provides or 
will provide instruction.''.
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