Short title

This Act may be cited as the

Empowering Teaching and Learning Through Education Portals Act

Definitions

In this Act: (1)

21st century skills

The term 21st century skills— (A)means skills that students need to succeed in school, work, and life; and (B)includes— (i)skills related either to core academic subjects or to 21st century themes; (ii)learning and innovation skills, such as— (I)creativity and innovation; (II)critical thinking and problem solving; or (III)communication and collaboration; and (iii)life and career skills to prepare students for the global economy, such as— (I)flexibility and adaptability; (II)productivity and accountability; or (III)leadership and responsibility. (2)

Core academic subjects; educational agencies; schools; State

The terms core academic subjects, elementary school, local educational agency, secondary school, State, and State educational agency have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (3)

Covered educator

The term covered educator means a teacher, administrator, or other professional staff member, at a covered school. (4)

Covered Parent

The term covered parent means the parent of a covered student. (5)

Covered School

The term covered school means a Head Start agency operating a Head Start program, or a public school that is a preschool, elementary school, secondary school, or institution of higher education (including such an institution offering a program leading to a baccalaureate degree or a program leading to an advanced degree). (6)

Covered student

The term covered student means a student at a covered school. (7)

Covered teacher

The term covered teacher means a teacher at a covered school. (8)

Education technology

The term education technology means any technology resource that improves the learning, training, and engagement of students or helps teachers learn, improve their knowledge, and practice. (9)

Institution of higher education

The term institution of higher education has the meaning given the term in sections 101 and 102 of the Higher Education Act of 1965 (20 U.S.C. 1001, 1002). (10)

Professional development

The term professional development means a resource or training that increases a teacher's skills, content knowledge, or other information that has a positive impact on student learning. (11)

Secretary

The term Secretary means the Secretary of Education.

Grants

(a)

In general

The Secretary may award grants to eligible States, to pay for the Federal share of the cost of implementing and maintaining education portal initiatives. (b)

Amounts

The Secretary may award the grants for periods of not less than 1 year and not more than 3 years. (c)

Federal share

(1)

In general

The Federal share of the cost described in subsection (a) shall be 50 percent. (2)

Non-federal share

The State may provide the non-Federal share of the cost in cash or in kind, fairly evaluated, including plant, equipment, or services. The State may provide the non-Federal share from State, local, or private sources.

Applications and awards

(a)

In general

To be eligible to receive a grant under this section for an initiative, a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (b)

Contents

The application shall contain, at a minimum— (1)a comprehensive plan for the initiative for which the State seeks the grant, including evidence that the initiative meets the requirements of subsections (a) and (c) of section 5; (2)information describing how the State will provide the non-Federal share of the cost described in section 3(a), and will continue to provide that share during the implementation of the initiative and the remainder of the grant period; (3)information describing how the State will meet the maintenance of effort requirements in section 6; (4)information explaining the protocol the State will use to ensure safe and legal access to the education portal; (5)an assurance that the State has established or will establish an advisory panel, to provide advice on the implementation and maintenance of the initiative, including representatives of leaders in school districts, leaders at institutions of higher education, State educational agencies, parents, and teachers; and (6)a plan to ensure sufficient statewide bandwidth capacity and systems access to implement and maintain the State education portal. (c)

Awards

In determining the amounts of grants under this Act, the Secretary— (1)shall take into consideration the extent to which a State has developed and implemented an education portal initiative prior to the date of the submission of the application involved; but (2)shall not penalize States that have made greater progress in developing and implementing such initiatives.

Use of funds

(a)

Required uses

A State that receives a grant under this Act for a fiscal year shall use the funds made available through the grant to implement or maintain an education portal initiative that includes— (1)collecting and making available— (A)high quality resources (including data, tools, and digital media content) for covered educators, covered students, and covered parents, that support teaching, leading, and learning, and are, as appropriate, aligned with State education standards; and (B)information for covered teachers to use in assisting covered students to attain skills such as 21st century skills; and (2)collecting resources for ongoing and sustainable professional development for covered educators, related to the use of education technology, and making the resources available through the implementation of research-based methods and strategies for teacher coaching, collaborating, or mentoring. (b)

Allowable uses

The State may use the funds made available through the grant for such an initiative, for a portal that— (1)gives covered educators access to formative assessment and other resources to address various student learning styles, needs, and achievement levels; (2)provides an entry point to other information or services, including information on model examples of effective classroom practices, subscriptions or data systems, content standards, lesson plans, courses of study, engaging interactive media, Web resources, e-mail list management software, online portfolios, after-school program resources, and other educational resources; (3)provides access to technology-based curriculum resources and tools that promote the teaching and learning of 21st century skills; (4)enables covered educators to quickly search for lesson plans, professional development resources, model examples of effective classroom practices, or other resources, by content standard, grade level, or topic; (5)provides an online support network or community for covered educators to collaborate on and discuss teaching, learning, curricula, and experiences, and serves as a communication tool between covered educators and covered parents; (6)includes digital media content developed by a television public broadcasting entity in coordination with the grant recipient; or (7)makes available access to 1 or more resource sections of the education portal, subject to the protocol described in section 4(b)(4), by covered education, covered students, and covered parents, from other States (with no requirement for State-specific log-ins), so that those covered educators, covered students, and covered parents can benefit from resources developed in the State, thereby expanding access to the national learning community. (c)

Provision of and access to resources

The covered educators, covered students, and covered parents in the State may provide resources and information for the education portal, subject to the protocol described in section 4(b)(4). The resources and information in the education portal shall be accessible statewide by the educators, students, and parents, subject to the protocol. (d)

Other Federal funds

A State that receives a grant under part A of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.) may use funds made available through that grant to maintain (but not implement) the State's education portal initiative under this Act, after the end of the period in which the State receives funding under this Act. (e)

Conforming amendment

Section 2113(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6613(a)) is amended by striking A and inserting Subject to section 5 of the Empowering Teaching and Learning Through Education Portals Act, a.

Maintenance of effort

(a)

In general

A State that receives a grant under this Act for a fiscal year shall maintain the expenditures of the State for education portal initiatives at a level not less than the level of such expenditures of the State for the fiscal year preceding the first fiscal year for which the State received such a grant. (b)

Reduction

If the Secretary determines that a State, during a fiscal year, expends less than the sum required to comply with subsection (a), the Secretary shall— (1)determine the difference between the required sum and the expenditure; and (2)reduce the State's grant under this Act for the following year by the amount of the difference.

Evaluations and conference

(a)

Federal evaluation

The Secretary shall conduct an evaluation of each initiative funded under this Act. The Secretary shall submit a report containing the results of the evaluation to Congress. (b)

Federal conference

Not less often than once every 2 years, the Secretary shall hold a conference for advisory panels described in section 4(b)(5), to share information on best practices relating to education portal initiatives. (c)

State evaluations

Each State that receives a grant under this Act shall conduct an evaluation of the initiative funded under the grant, using funds provided as part of the non-Federal share of the costs described in section 3(a). The State shall prepare and submit to the Secretary a report containing the results of the evaluation.

Authorization of appropriations

There is authorized to be appropriated to carry out this Act $100,000,000 for each of fiscal years 2009 through 2012, and such sums as may be necessary for each of the following 2 fiscal years.

Special rules relating to corporate charitable contributions to education portal projects of eligible States

(a)

In general

Paragraph (2) of Section 170(b) of the Internal Revenue Code of 1986 (related to percentage limitations) is amended by redesignating subparagraphs (C) and (D), respectively, and by inserting after subparagraph (A) the following new subparagraph:

(B)

Special rule for corporate contributions to education portal projects of eligible States

(i)

In general

In the case of qualified education portal project contributions— (I)subparagraph (A) shall be applied separately with respect to such contributions and with respect to other charitable contributions of the taxpayer, and (II)in applying subparagraph (A) to such qualified education portal project contributions, subparagraph (A) shall be applied by substituting 50 percent for 10 percent. (ii)

Qualified education portal project contribution

For purposes of this paragraph, the term qualified education portal project contribution means a charitable contribution in cash— (I)to a State (as defined in section 2 of the Empowering Teaching and Learning Through Education Portals Act) which has a grant application approved under section 4 of such Act, and (II)for the purpose of paying the non-Federal share of the cost of implementing and maintaining education portal initiatives (within the meaning of section 3 of such Act).

(b)

Effective Date

The amendments made by this section shall apply to contributions made after the date of the enactment of this Act.