IB Union Calendar No. 321 112th CONGRESS 2d Session H. R. 3990 [Report No. 112–459, Part I] IN THE HOUSE OF REPRESENTATIVES February 9, 2012 Mr. Kline (for himself, Mr. Hunter, Mr. Roe of Tennessee, Mr. Petri, Mr. Wilson of South Carolina, Mr. DesJarlais, Mrs. Noem, Mrs. Roby, and Mr. Heck) introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committees on Armed Services and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned April 27, 2012 Additional sponsors: Mr. Kelly and Mr. Barletta April 27, 2012 Reported from the Committee on Education and the Workforce with an amendment Strike out all after the enacting clause and insert the part printed in italic April 27, 2012 The Committees on Armed Services and Financial Services discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed For text of introduced bill, see copy of bill as introduced on February 9, 2012 A BILL To encourage effective teachers in the classrooms of the United States and innovative education programs in our Nation’s schools.

1.

Short title

This Act may be cited as the Encouraging Innovation and Effective Teachers Act.

2.

Table of contents

The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. References. Sec. 4. Transition. Sec. 5. Effective dates. Sec. 6. Authorization of appropriations. Title I—Teacher Preparation and Effectiveness Sec. 101. Teacher preparation and effectiveness. Sec. 102. Conforming repeals. Title II—Parental Engagement and Local Flexibility Sec. 201. Parental engagement and local flexibility. Title III—Impact Aid Sec. 301. Purpose. Sec. 302. Payments relating to Federal acquisition of real property. Sec. 303. Payments for eligible federally connected children. Sec. 304. Policies and procedures relating to children residing on Indian lands. Sec. 305. Application for payments under sections 8002 and 8003. Sec. 306. Construction. Sec. 307. Facilities. Sec. 308. State consideration of payments providing State aid. Sec. 309. Federal administration. Sec. 310. Administrative hearings and judicial review. Sec. 311. Definitions. Sec. 312. Authorization of appropriations. Sec. 313. Conforming amendments. Title IV—Troops-to-teachers program Sec. 401. Troops-to-teachers program. Title V—Repeal Sec. 501. Repeal of title VI. Title VI—Homeless Education Sec. 601. Statement of policy. Sec. 602. Grants for State and local activities for the education of homeless children and youths. Sec. 603. Local educational agency subgrants for the education of homeless children and youths. Sec. 604. Secretarial responsibilities. Sec. 605. Definitions. Sec. 606. Authorization of appropriations.

3.

References

Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.).

4.

Transition

Unless otherwise provided in this Act, any person or agency that was awarded a grant under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) prior to the date of the enactment of this Act shall continue to receive funds in accordance with the terms of such award, except that funds for such award may not continue more than one year after the date of the enactment of this Act.

5.

Effective dates

(a)

In general

Except as otherwise provided in this Act, this Act, and the amendments made by this Act, shall be effective upon the date of enactment of this Act. (b)

Noncompetitive programs

With respect to noncompetitive programs under which any funds are allotted by the Secretary of Education to recipients on the basis of a formula, this Act, and the amendments made by this Act, shall take effect on July 1, 2012. (c)

Competitive programs

With respect to programs that are conducted by the Secretary on a competitive basis, this Act, and the amendments made by this Act, shall take effect with respect to appropriations for use under those programs for fiscal year 2013. (d)

Impact Aid

With respect to title IV of the Act (20 U.S.C. 7701 et seq.) (Impact Aid), this Act, and the amendments made by this Act, shall take effect with respect to appropriations for use under that title for fiscal year 2013.

6.

Authorization of appropriations

The Act (20 U.S.C. 6301 et seq.) is amended by inserting after section 2 the following:

3.

Authorizations of appropriations

(a)

Title II

There are authorized to be appropriated to carry out title II $2,988,070,000 for fiscal year 2013. (b)

Title III

(1)

Part A

(A)

Subpart 1

There are authorized to be appropriated to carry out subpart 1 of part A of title III $300,000,000 for fiscal year 2013. (B)

Subpart 2

There are authorized to be appropriated to carry out subpart 2 of part A of title III $99,611,000 for fiscal year 2013. (C)

Subpart 3

There are authorized to be appropriated to carry out subpart 3 of part A of title III $25,000,000 for fiscal year 2013. (2)

Part B

There are authorized to be appropriated to carry out part B of title III $2,677,476,000 for fiscal year 2013. (c)

Title IV

(1)

Payments for Federal acquisition of real property

For the purpose of making payments under section 4002, there are authorized to be appropriated $66,947,000 for fiscal year 2013. (2)

Basic payments; payments for heavily impacted local educational agencies

For the purpose of making payments under section 4003(b), there are authorized to be appropriated $1,153,540,000 for fiscal year 2013. (3)

Payments for children with disabilities

For the purpose of making payments under section 4003(d), there are authorized to be appropriated $48,413,000 for fiscal year 2013. (4)

Construction

For the purpose of carrying out section 4007, there are authorized to be appropriated $17,441,000 for fiscal year 2013. (5)

Facilities maintenance

For the purpose of carrying out section 4008, there are authorized to be appropriated $4,845,000 for fiscal year 2013. (d)

Out years

The amounts authorized in subsections (a), (b), and (c) shall be increased for each of fiscal years 2014 through 2018 by a percentage equal to the percentage of inflation according to the Consumer Price Index, for the calendar year ending prior to the beginning of that fiscal year.

.

. (b)

Part A

Part A of title II (20 U.S.C. 6601 et seq.) is amended to read as follows: A

Supporting Effective Instruction

2101.

Purpose

The purpose of this part is to provide grants to State educational agencies and subgrants to local educational agencies to— (1)increase student achievement consistent with State academic standards under section 1111; (2)improve teacher and school leader effectiveness; (3)provide evidence-based, continuous, job-embedded professional development; and (4)develop and implement teacher evaluation systems to link teacher performance with student achievement to determine teacher effectiveness.

1

Grants to States

2111.

Allotments to States

(a)

In general

Of the amounts appropriated under section 3(a), the Secretary shall reserve 75 percent to 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

Of the amount reserved under subsection (a) for a fiscal year, the Secretary shall reserve— (A)not more than 1 percent to carry out national activities under section 2132; (B)one-half of 1 percent for allotments to outlying areas on the basis of their relative need, as determined by the Secretary, in accordance with the purpose of this part; and (C)one-half of 1 percent for the Secretary of the Interior for programs under this part in schools operated or funded by the Bureau of Indian Education. (2)

State allotments

(A)

In general

Subject to subparagraph (B), from the funds reserved under subsection (a) for any fiscal year and not reserved under paragraph (1), the Secretary shall allot to each State the sum of— (i)an amount that bears the same relationship to 50 percent of the funds 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 50 percent of the funds 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. (B)

Small State Minimum

No State receiving an allotment under subparagraph (A) may receive less than one-half of 1 percent of the total amount of funds allotted under such subparagraph for a fiscal year. (c)

Alternate distribution of funds

(1)

In general

Subject to paragraphs (2) through (5), if a State does not apply to the Secretary for an allotment under this section, a local educational agency located in such State may apply to the Secretary for a portion of the funds that would have been allotted to the State had such State applied for an allotment under this section to carry out the activities under this part. (2)

Application

In order to receive an allotment under paragraph (1), a local educational agency shall submit to the Secretary an application at such time, in such manner, and containing the information described in section 2122. (3)

Use of funds

A local educational agency receiving an allotment under paragraph (1)— (A)shall use such funds to carry out the activities described in section 2123(1); and (B)may use such funds to carry out the activities described in section 2123(2). (4)

Reporting requirements

A local educational agency receiving an allotment under paragraph (1) shall carry out the reporting requirements described in section 2131(a), except that annual reports shall be submitted to the Secretary and not a State educational agency. (5)

Amount of allotment

An allotment made to a local educational agency under paragraph (1) for a fiscal year shall be equal to the amount of subgrant funds that the local educational agency would have received under subpart 2 had such agency applied for a subgrant under such subpart for such fiscal year. (d)

Reallotment

If a State does not apply for an allotment under this section for any fiscal year or only a portion of the State’s allotment is allotted under subsection (c), the Secretary shall reallot the State’s entire allotment or the remaining portion of its allotment, as the case may be, to the remaining States in accordance with subsection (b).

2112.

State application

(a)

In general

For a State to be eligible to receive a grant under this subpart, the State educational agency shall submit an application to the Secretary at such time and in such a manner as the Secretary may reasonably require, which shall include the following: (1)A description of how the State educational agency will meet the requirements of this subpart. (2)A description of how the State educational agency will use a grant received under section 2111, including the grant funds the State will reserve for State-level activities under section 2113(a)(2). (3)A description of how the State educational agency will facilitate the sharing of evidence-based and other effective strategies among local educational agencies. (4)In the case of a State educational agency that is not developing or implementing a statewide teacher evaluation system, a description of how the State educational agency will ensure that each local educational agency in the State receiving a subgrant under subpart 2 will implement a teacher evaluation system that meets the requirements of clauses (i) through (v) of section 2123(1)(A). (5)In the case of a State educational agency that is developing or implementing a statewide teacher evaluation system— (A)a description of how the State educational agency will work with local educational agencies in the State to implement the statewide teacher evaluation system within 3 years of the date of enactment of the Encouraging Innovation and Effective Teachers Act; and (B)an assurance that the statewide teacher evaluation system complies with clauses (i) through (v) of section 2123(1)(A). (6)An assurance that the State educational agency will comply with section 5501 (regarding participation by private school children and teachers). (b)

Deemed approval

An application submitted by a State educational agency under 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. (c)

Disapproval

The Secretary shall not finally disapprove an application, except after giving the State educational agency notice and an opportunity for a hearing. (d)

Notification

If the Secretary finds that an 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. (e)

Response

If a State educational agency responds to a notification from the Secretary under subsection (d)(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 (d)(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 (b). (f)

Failure to respond

If a State educational agency does not respond to a notification from the Secretary under subsection (d)(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.

2113.

State use of funds

(a)

In general

A State educational agency that receives a grant under section 2111 shall— (1)reserve 95 percent of the grant funds to make subgrants to local educational agencies under subpart 2; and (2)use the remainder of the funds, after reserving funds under paragraph (1), for the State activities described in subsection (b), except that the State may reserve not more than 1 percent of the grant funds for planning and administration related to carrying out activities described in subsection (b). (b)

State-level activities

A State educational agency that receives a grant under section 2111— (1)shall use the amount described in subsection (a)(2) to— (A)provide training and technical assistance to local educational agencies on— (i)in the case of a State educational agency not implementing a statewide teacher evaluation system— (I)the development and implementation of a teacher evaluation system that meets the requirements of clauses (i) through (v) of section 2123(1)(A); and (II)training school leaders in using such evaluation system; or (ii)in the case of a State educational agency implementing a statewide teacher evaluation system, implementing such evaluation system; and (B)fulfill the State educational agency’s responsibilities with respect to the proper and efficient administration of the subgrant program carried out under this part; and (2)may use the amount described in subsection (a)(2) to— (A)disseminate and share evidence-based and other effective practices related to teacher and school leader effectiveness and professional development; and (B)provide professional development for teachers and school leaders in the State consistent with clauses (i) through (v) of section 2123(2)(B).

2

Subgrants to local educational agencies

2121.

Allocations to local educational agencies

(a)

In general

Each State receiving a grant under section 2111 shall use the funds reserved under section 2113(a)(1) to award subgrants to local educational agencies under this section. (b)

Allocation of funds

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 the sum of— (1)an amount that bears the same relationship to 50 percent of the funds as the number of individuals age 5 through 17 in the geographic area served by the local educational agency, as determined by the State 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 (2)an amount that bears the same relationship to 50 percent of the funds as the number of individuals age 5 through 17 from families with incomes below the poverty line in the geographic area served by the local educational agency, as determined by the State 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.

2122.

Local applications

To be eligible to receive a subgrant under this subpart, a local educational agency shall submit an application to the State educational agency involved at such time, in such a manner, and containing such information as the State educational agency may reasonably require that, at a minimum, shall include the following: (1)A description of— (A)how the local educational agency will meet the requirements of this subpart; (B)how the activities to be carried out by the local educational agency under this subpart will be evidence-based, improve student academic achievement, and improve teacher and school leader effectiveness; (C)in the case of a local educational agency not in a State with a statewide teacher evaluation system, the teacher evaluation system that will be developed and implemented under section 2123(1) and how such system will meet the requirements described in clauses (i) through (v) of section 2123(1)(A); (D)how, in developing and implementing such a teacher evaluation system, the local educational agency will work with parents, teachers, school leaders, and other staff of the schools served by the local educational agency; and (E)how the local educational agency will develop and implement such a teacher evaluation system within 3 years of the date of enactment of the Encouraging Innovation and Effective Teachers Act. (2)In the case of a local educational agency in a State with a statewide teacher evaluation system, a description of how the local educational agency will work with the State educational agency to implement the statewide teacher evaluation system within 3 years of the date of enactment of the Encouraging Innovation and Effective Teachers Act. (3)An assurance that the local educational agency will comply with section 5501 (regarding participation by private school children and teachers).

2123.

Local use of funds

A local educational agency receiving a subgrant under this subpart— (1)shall use such funds— (A)to develop and implement a teacher evaluation system that— (i)uses student achievement data derived from a variety of sources as a significant factor in determining a teacher’s evaluation, with the weight given to such data defined by the local educational agency; (ii)uses multiple measures of evaluation for evaluating teachers; (iii)has more than 2 categories for rating the performance of teachers; (iv)shall be used to make personnel decisions, as determined by the local educational agency; and (v)is based on input from parents, school leaders, teachers, and other staff of schools served by the local educational agency; or (B)in the case of a local educational agency located in a State implementing a statewide teacher evaluation system, to implement such evaluation system; and (2)may use such funds for— (A)the training of school leaders for the purpose of evaluating teachers under a teacher evaluation system described in subparagraph (A) or (B) of paragraph (1), as appropriate; (B)professional development for teachers and school leaders that is evidence-based, job-embedded, and continuous, such as— (i)subject-based professional development for teachers; (ii)professional development aligned with the State’s academic standards; (iii)professional development for teachers of students with disabilities and English learners; (iv)professional development for teachers identified as in need of additional support through data provided by a teacher evaluation system described in subparagraph (A) or (B) of paragraph (1), as appropriate; (v)professional development based on the current science of learning, which includes research on positive brain change and cognitive skill development; (vi)professional development for school leaders, including mentorship programs for such leaders; or (vii)professional development on integrated, interdisciplinary, and project-based teaching strategies, including for career and technical education teachers; (C)partnering with a public or private organization or a consortium of such organizations to develop and implement a teacher evaluation system described in subparagraph (A) or (B) of paragraph (1), as appropriate; (D)any activities authorized under section 2222(a); or (E)class size reduction, except that the local educational agency may use not more than 10 percent of such funds for this purpose.

3

General provisions

2131.

Reporting Requirements

(a)

Local educational agencies

Each local educational agency receiving a subgrant under subpart 2 shall submit to the State educational agency involved, on an annual basis until the last year in which the local educational agency receives such subgrant funds, a report on— (1)how the local educational agency is meeting the purposes of this part described in section 2101; (2)how the local educational agency is using such subgrant funds; (3)the number and percentage of teachers in each category established under clause (iii) of section 2123(1)(A), except that such report shall not reveal personally identifiable information about an individual teacher; and (4)any such other information as the State educational agency may require. (b)

State educational agencies

Each State educational agency receiving a grant under subpart 1 shall submit to the Secretary a report, on an annual basis until the last year in which the State educational agency receives such grant funds, on— (1)how the State educational agency is meeting the purposes of this part described in section 2101; and (2)how the State educational agency is using such grant funds.

2132.

National activities

From the funds reserved by the Secretary under section 2111(b)(1)(A), the Secretary shall, directly or through grants and contracts— (1)provide technical assistance to States and local educational agencies in carrying out activities under this part; and (2)acting through the Institute of Education Sciences, conduct national evaluations of activities carried out by State educational agencies and local educational agencies under this part.

2133.

State defined

In this part, the term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.

. (c)

Part B

Part B of title II (20 U.S.C. 6661 et seq.) is amended to read as follows: B

Teacher and School Leader Flexible Grant

2201.

Purpose

The purpose of this part is to improve student academic achievement in the core academic subjects by— (1)supporting all State educational agencies, local educational agencies, schools, teachers, and school leaders to help all students meet the State’s academic standards; and (2)increasing the number of teachers and school leaders who are effective in increasing student academic achievement.

1

Formula grants to States

2211.

State Allotments

(a)

Reservations

From the amount appropriated under section 3(a) for any fiscal year, the Secretary— (1)shall reserve 25 percent to award grants to States under this subpart; and (2)of the amount reserved under paragraph (1), shall reserve— (A)not more than 1 percent for national activities described in section 2233; (B)one-half of 1 percent for allotments to outlying areas on the basis of their relative need, as determined by the Secretary, in accordance with the purpose of this part; and (C)one-half of 1 percent for the Secretary of the Interior for programs under this part in schools operated or funded by the Bureau of Indian Education. (b)

State allotments

(1)

In general

From the total amount reserved under subsection (a)(1) for each fiscal year and not reserved under subparagraphs (A) through (C) of subsection (a)(2), the Secretary shall allot, and make available in accordance with this section, to each State an amount that bears the same ratio to such sums as the school-age population of the State bears to the school-age population of all States. (2)

Small State minimum

No State receiving an allotment under paragraph (1) may receive less than one-half of 1 percent of the total amount allotted under such paragraph. (3)

Reallotment

If a State does not receive an allotment under this subpart for a fiscal year, the Secretary shall reallot the amount of the State’s allotment to the remaining States in accordance with this section. (c)

State application

In order to receive an allotment under this section for any fiscal year, a State shall submit an application to the Secretary, at such time and in such manner as the Secretary may reasonably require. Such application shall— (1)designate the State educational agency as the agency responsible for the administration and supervision of programs assisted under this part; (2)describe how the State educational agency will use funds received under this section for State level activities described in subsection (d)(3); (3)describe the procedures and criteria the State educational agency will use for reviewing applications and awarding subgrants to eligible entities under section 2221 on a competitive basis; (4)describe how the State educational agency will ensure that subgrants made under section 2221 are of sufficient size and scope to support effective programs that will help increase academic achievement in the classroom and are consistent with the purposes of this part; (5)describe the steps the State educational agency will take to ensure that eligible entities use subgrant funds received under section 2221 to carry out programs that implement effective strategies, including by providing ongoing technical assistance and training, and disseminating evidence-based and other effective strategies to such eligible entities; (6)describe how programs under this part will be coordinated with other programs under this Act; and (7)include an assurance that, other than providing technical and advisory assistance and monitoring compliance with this part, the State educational agency has not exercised, and will not exercise, any influence in the decision-making processes of eligible entities as to the expenditure of funds made pursuant to an application submitted under section 2221(b). (d)

State use of funds

(1)

In general

Each State that receives an allotment under this section shall reserve not less than 92 percent of the amount allotted to such State under subsection (b), for each fiscal year, for subgrants to eligible entities under subpart 2. (2)

State administration

A State educational agency may reserve not more than 1 percent of the amount made available to the State under subsection (b) for the administrative costs of carrying out such State educational agency’s responsibilities under this subpart. (3)

State-level activities

(A)

Innovative Teacher and School Leader Activities

A State educational agency shall reserve not more than 4 percent of the amount made available to the State under subsection (b) to carry out 1 or more of the following activities: (i)Reforming teacher and school leader certification, recertification, licensing, and tenure systems to ensure that— (I)each teacher has the subject matter knowledge and teaching skills necessary to help students meet the State’s academic standards; and (II)school leaders have the instructional leadership skills to help teachers instruct and students learn. (ii)Carrying out programs that establish, expand, or improve alternative routes for State certification or licensure of teachers and school leaders, including such programs for— (I)mid-career professionals from other occupations, including science, technology, engineering, and math fields; (II)former military personnel; and (III)recent graduates of an institution of higher education, with a record of academic distinction, who demonstrate the potential to become effective teachers or school leaders. (iii)Developing, or assisting eligible entities in developing— (I)performance-based pay systems for teachers and school leaders; (II)strategies that provide differential, incentive, or bonus pay for teachers; or (III)teacher advancement initiatives that promote professional growth and emphasize multiple career paths and pay differentiation. (iv)Developing, or assisting eligible entities in developing, new teacher and school leaders induction and mentoring programs that are designed to— (I)improve instruction and student learning and achievement; and (II)increase the retention of effective teachers and school leaders. (v)Providing professional development for teachers and school leaders that is focused on— (I)improving teaching and student learning and achievement in the core academic subjects; and (II)improving teaching, student learning, and achievement for students with disabilities, English learners, and other special populations. (vi)Providing training and technical assistance to eligible entities that receive a subgrant under section 2221. (vii)Other activities identified by the State educational agency that meet the purposes of this part, including those activities authorized under subparagraph (B). (B)

Teacher or School Leader Preparation Academies

(i)

In general

In the case of a State in which teacher or school leader preparation academies are allowable under State law, a State educational agency may reserve not more than 3 percent of the amount made available to the State under subsection (b) to support the establishment or expansion of one or more teacher or school leader preparation academies and, subject to the limitation under clause (iii), to support State authorizers for such academies. (ii)

Matching requirement

A State educational agency shall not provide funds under this subparagraph to support the establishment or expansion of a teacher or school leader preparation academy unless the academy agrees to provide, either directly or through private contributions, non-Federal matching funds equal to not less than 10 percent of the amount of the funds the academy will receive under this subparagraph. (iii)

Funding for State authorizers

Not more than 5 percent of funds provided to a teacher or school leader preparation academy under this subparagraph may be used to support activities of State authorizers for such academy.

2212.

Approval and Disapproval of State Applications

(a)

Deemed approval

An application submitted by a State pursuant to section 2211(c) 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 section 2211(c). (b)

Disapproval Process

(1)

In General

The Secretary shall not finally disapprove an application submitted under section 2211(c), except after giving the State educational agency notice and an opportunity for a hearing. (2)

Notification

If the Secretary finds that an application is not in compliance, in whole or in part, with section 2211(c) the Secretary shall— (A)give the State educational agency notice and an opportunity for a hearing; and (B)notify the State educational agency of the finding of noncompliance and, in such notification, shall— (i)cite the specific provisions in the application that are not in compliance; and (ii)request additional information, only as to the noncompliant provisions, needed to make the application compliant. (3)

Response

If a State educational agency responds to a notification from the Secretary under paragraph (2)(B) during the 45-day period beginning on the date on which the State educational agency received the notification, and resubmits the application with the requested information described in paragraph (2)(B)(ii), the Secretary shall approve or disapprove such application prior to the later of— (A)the expiration of the 45-day period beginning on the date on which the application is resubmitted; or (B)the expiration of the 120-day period described in subsection (a). (4)

Failure to respond

If the State educational agency does not respond to a notification from the Secretary under paragraph (2)(B) during the 45-day period beginning on the date on which the State educational agency received the notification, such application shall be deemed to be disapproved.

2

Local competitive grant program

2221.

Local competitive grant program

(a)

In general

A State that receives an allotment under section 2211(b) for a fiscal year shall use the amount reserved under section 2211(d)(1) to award subgrants, on a competitive basis, to eligible entities in accordance with this section to enable such entities to carry out the programs and activities described in section 2222. (b)

Application

(1)

In general

To be eligible to receive a subgrant under this section, an eligible entity shall submit an application to the State educational agency at such time, in such manner, and including such information as the State educational agency may reasonably require. (2)

Contents

Each application submitted under paragraph (1) shall include— (A)a description of the programs and activities to be funded and how they are consistent with the purposes of this part; and (B)an assurance that the eligible entity will comply with section 5501 (regarding participation by private school children and teachers). (c)

Peer review

In reviewing applications under this section, a State educational agency shall use a peer review process or other methods of assuring the quality of such applications but the review shall only judge the likelihood of the activity to increase student academic achievement. The reviewers shall not make a determination based on the policy of the proposed activity. (d)

Geographic diversity

A State educational agency shall distribute funds under this section equitably among geographic areas within the State, including rural, suburban, and urban communities. (e)

Duration of awards

A State educational agency may award subgrants under this section for a period of not more than 5 years. (f)

Matching

An eligible entity receiving a subgrant under this section shall provide, either directly or through private contributions, non-Federal matching funds equal to not less than 10 percent of the amount of the subgrant.

2222.

Local authorized activities

(a)

In General

Each eligible entity receiving a subgrant under section 2221 shall use such subgrant funds to develop, implement, and evaluate comprehensive programs and activities, that are in accordance with the purpose of this part and— (1)are consistent with the principles of effectiveness described in subsection (b); and (2)may include, among other programs and activities— (A)developing and implementing initiatives to assist in recruiting, hiring, and retaining highly effective teachers and school leaders, including initiatives that provide— (i)differential, incentive, or bonus pay for teachers; (ii)performance-based pay systems for teachers and school leaders; (iii)teacher advancement initiatives that promote professional growth and emphasize multiple career paths and pay differentiation; (iv)new teacher and school leader induction and mentoring programs that are designed to improve instruction, student learning and achievement, and to increase teacher and school leader retention; and (v)teacher residency programs, and school leader residency programs, designed to develop and support new teachers or new school leaders, respectively; (B)supporting the establishment or expansion of teacher or school leader preparation academies under section 2221(d)(3)(B); (C)recruiting qualified individuals from other fields, including individuals from science, technology, engineering, and math fields, mid-career professionals from other occupations, and former military personnel; (D)establishing, improving, or expanding model instructional programs in the core academic subjects to ensure that all children meet the State’s academic standards; (E)providing high-quality professional development for teachers and school leaders focused on improving teaching and student learning and achievement in the core academic subjects; (F)implementing programs based on the current science of learning, which includes research on positive brain change and cognitive skill development; and (G)other activities and programs identified as necessary by the local educational agency that meet the purpose of this part. (b)

Principles of effectiveness

For a program or activity developed pursuant to this section to meet the principles of effectiveness, such program or activity shall— (1)be based upon an assessment of objective data regarding the need for programs and activities in the elementary schools and secondary schools served to increase the number of teachers and school leaders who are effective in improving student academic achievement; (2)reflect evidence-based research, or in the absence of a strong research base, reflect effective strategies in the field, that provide evidence that the program or activity will improve student academic achievement in the core academic subjects; and (3)include meaningful and ongoing consultation with, and input from, teachers, school leaders, and parents, in the development of the application and administration of the program or activity.

3

General provisions

2231.

Periodic evaluation

(a)

In general

Each eligible entity and each teacher or school leader preparation academy that receives funds under this part shall undergo a periodic evaluation by the State educational agency involved to assess such entity’s or such academy’s progress toward achieving the purposes of this part. (b)

Use of results

The results of an evaluation described in subsection (a) of an eligible entity or academy shall be— (1)used to refine, improve, and strengthen such eligible entity or such academy, respectively; and (2)made available to the public upon request, with public notice of such availability provided.

2232.

Reporting requirements

(a)

Eligible entities and academies

Each eligible entity and each teacher or school leader preparation academy that receives funds from a State educational agency under this part shall prepare and submit annually to such State educational agency a report that includes— (1)a description of the progress of the eligible entity or teacher or school leader preparation academy, respectively, in meeting the purposes of this part; (2)a description of the programs and activities conducted by the eligible entity or teacher or school leader preparation academy, respectively, with funds received under this part; (3)how the eligible entity or teacher or school leader preparation academy, respectively, is using such funds; and (4)any such other information as the State educational agency may require. (b)

State educational agencies

Each State educational agency that receives a grant under this part shall prepare and submit, annually, to the Secretary a report that includes— (1)a description of the programs and activities conducted by the State educational agency with grant funds received under this part; (2)a description of the progress of the State educational agency in meeting the purposes of this part described in section 2201; (3)how the State educational agency is using grant funds received under this part; (4)the methods and criteria the State educational agency used to award subgrants to eligible entities under section 2221 and, if applicable, funds to teacher or school leader academies under section 2211(d)(3)(B); and (5)the results of the periodic evaluations conducted under section 2231.

2233.

National activities

From the funds reserved by the Secretary under section 2211(a)(1), the Secretary shall, directly or through grants and contracts— (1)provide technical assistance to States and eligible entities in carrying out activities under this part; and (2)acting through the Institute of Education Sciences, conduct national evaluations of activities carried out by States and eligible entities under this part.

2234.

Definitions

In this part: (1)

Eligible entity

The term eligible entity means— (A)a local educational agency or consortium of local educational agencies; (B)an institution of higher education or consortium of such institutions in partnership with a local educational agency or consortium of local educational agencies; (C)a for-profit organization, a nonprofit organization, or a consortium of for-profit or nonprofit organizations in partnership with a local educational agency or consortium of local educational agencies; or (D)a consortium of the entities described in subparagraphs (B) and (C). (2)

State

The term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. (3)

State authorizer

The term State authorizer means an entity designated by the Governor of a State to authorize teacher or school leader preparation academies within the State that— (A)enters into an agreement with a teacher or school leader preparation academy that— (i)specifies the goals expected of the academy, which, at a minimum, include the goals described in paragraph (4); and (ii)does not reauthorize the academy if such goals are not met; and (B)may be a nonprofit organization, a State educational agency, or other public entity, or consortium of such entities (including a consortium of State educational agencies). (4)

Teacher or school leader preparation academy

The term teacher or school leader preparation academy means a public or private entity, or a nonprofit or for-profit organization, which may be an institution of higher education or an organization affiliated with an institution of higher education, that will prepare teachers or school leaders to serve in schools, and that— (A)enters into an agreement with a State authorizer that specifies the goals expected of the academy, including— (i)a requirement that prospective teachers or school leaders who are enrolled in a teacher or school leader preparation academy receive a significant part of their training through clinical preparation that partners the prospective candidate with an effective teacher or school leader, respectively, with a demonstrated record of increasing student achievement, while also receiving concurrent instruction from the academy in the content area (or areas) in which the prospective teacher or school leader will become certified or licensed; (ii)the number of effective teachers or school leaders, respectively, who will demonstrate success in increasing student achievement that the academy will produce; and (iii)a requirement that a teacher or school leader preparation academy will only award a certificate of completion after the graduate demonstrates that the graduate is an effective teacher or school leader, respectively, with a demonstrated record of increasing student achievement, except that an academy may award a provisional certificate for the period necessary to allow the graduate to demonstrate such effectiveness; (B)does not have restrictions on the methods the academy will use to train prospective teacher or school leader candidates, including— (i)obligating (or prohibiting) the academy’s faculty to hold advanced degrees or conduct academic research; (ii)restrictions related to the academy's physical infrastructure; (iii)restrictions related to the number of course credits required as part of the program of study; (iv)restrictions related to the undergraduate coursework completed by teachers teaching or working on alternative certificates, licenses, or credentials, as long as such teachers have successfully passed all relevant State-approved content area examinations; or (v)restrictions related to obtaining accreditation from an accrediting body for purposes of becoming an academy; (C)limits admission to its program to prospective teacher or school leader candidates who demonstrate strong potential to improve student achievement, based on a rigorous selection process that reviews a candidate’s prior academic achievement or record of professional accomplishment; and (D)results in a certificate of completion that the State may recognize as at least the equivalent of a master’s degree in education for the purposes of hiring, retention, compensation, and promotion in the State. (5)

Teacher residency program

The term teacher residency program means a school-based teacher preparation program in which a prospective teacher— (A)for one academic year, teaches alongside an effective teacher, as determined by a teacher evaluation system implemented under part A, who is the teacher of record; (B)receives concurrent instruction during the year described in subparagraph (A) from the partner institution (as defined in section 200 of the Higher Education Act of 1965 (20 U.S.C. 1021)), which courses may be taught by local educational agency personnel or residency program faculty, in the teaching of the content area in which the teacher will become certified or licensed; and (C)acquires effective teaching skills.

. (d)

Part C

Part C of title II (20 U.S.C. 6671 et seq.) is amended— (1)by striking subparts 1 through 4; (2)by striking the heading relating to subpart 5; (3)by striking sections 2361 and 2368; (4)in section 2362, by striking principals and inserting school leaders; (5)in section 2363(6)(A), by striking principal and inserting school leader; (6)in section 2366(b), by striking ate law and inserting (3) A State law; (7)by redesignating section 2362 as section 2361; (8)by redesignating sections 2364 through 2367 as sections 2362 through 2365, respectively; and (9)by redesignating section 2363 as section 2366 and transferring such section to appear after section 2365 (as so redesignated). (e)

Part D

Part D of title II (20 U.S.C. 6751 et seq.) is amended to read as follows: D

General Provisions

2401.

Inclusion of charter schools

In this title, the term local educational agency includes a charter school (as defined in section 5101) that, in the absence of this section, would not have received funds under this title.

2402.

Parents’ Right to Know

At the beginning of each school year, a local educational agency that receives funds under this title shall notify the parents of each student attending any school receiving funds under this title that the parents may request, and the agency will provide the parents on request (and in a timely manner), information regarding the professional qualifications of the student’s classroom teachers.

2403.

Supplement, not supplant

Funds received under this title shall be used to supplement, and not supplant, non-Federal funds that would otherwise be used for activities authorized under this title.

.

102.

Conforming repeals

(a)

Conforming repeals

Title II of the Higher Education Act of 1965 (20 U.S.C. 1021 et seq.) is amended by repealing sections 201 through 204. (b)

Effective date

The repeals made by subsection (a) shall take effect October 1, 2012.

. . (d)

Title VIII references

The Act (20 U.S.C. 6301 et seq.) is amended— (1)by redesignating sections 8001 through 8005 as sections 4001 through 4005, respectively; (2)by redesignating sections 8007 through 8013 as sections 4007 through 4013, respectively; (3)by striking section 8002 each place it appears and inserting section 4002; (4)by striking section 8002(b) each place it appears and inserting section 4002(b); (5)by striking section 8003 each place it appears and inserting section 4003, respectively; (6)by striking section 8003(a) each place it appears and inserting section 4003(a); (7)by striking section 8003(a)(1) each place it appears and inserting section 4003(a)(1); (8)by striking section 8003(a)(1)(C) each place it appears and inserting section 4003(a)(1)(C); (9)by striking section 8002(a)(2) each place it appears and inserting section 4002(a)(2); (10)by striking section 8003(b) each place it appears and inserting section 4003(b); (11)by striking section 8003(b)(1) each place it appears and inserting section 4003(b)(1); (12)in section 4002(b)(1)(C), by striking section 8003(b)(1)(C) and inserting section 4003(b)(1)(C); (13)in section 4002(j)(1) (as so redesignated), by striking section 8013(5)(C)(iii) and inserting section 4013(5)(C)(iii); (14)in section 4005 (as so redesignated)— (A)in the section heading, by striking 8002 and 8003 and inserting 4002 and 4003; (B)by striking or 8003 each place it appears and inserting or 4003; (C)in subsection (b)(2), by striking section 8004 and inserting section 4004; and (D)in subsection (d)(2), by striking section 8003(e) and inserting section 4003(e); (15)in section 4007(a)(3)(A)(i) (as so redesignated), by striking section 8008(a) and inserting section 4008(a); (16)in section 4007(a)(4) (as so redesignated), by striking section 8013(3) and inserting section 4013(3); and (17)in section 4009 (as so redesignated)— (A)in subsection (b)(1)— (i)by striking or 8003(b) and inserting or 4003(b); (ii)by striking section 8003(a)(2)(B) and inserting section 4003(a)(2)(B); and (iii)by striking section 8003(b)(2) and inserting section 4003(b)(2); (B)by striking section 8011(a) each place it appears and inserting section 4011(a); and (18)in section 4010(c)(2)(D) (as so redesignated) by striking section 8009(b) and inserting section 4009(b). April 27, 2012 Reported from the Committee on Education and the Workforce with an amendment April 27, 2012 The Committees on Armed Services and Financial Services discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed