[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1674 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1674

          To improve teacher quality, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 6, 2011

   Mr. Reed 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 ``Effective Teaching and Leading 
Act''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) Teacher quality is the single most important in-school 
        factor influencing student learning and achievement.
            (2) A report by William L. Sanders and June C. Rivers 
        showed that if 2 average 8-year-old students were given 
        different teachers, 1 of them a high performer, the other a low 
        performer, the students' performance diverged by more than 50 
        percentile points within 3 years.
            (3) A similar study by Heather Jordan, Robert Mendro, and 
        Dash Weerasinghe showed that the performance gap between 
        students assigned 3 effective teachers in a row, and those 
        assigned 3 ineffective teachers in a row, was 49 percentile 
        points.
            (4) In Boston, research has shown that students placed with 
        high-performing mathematics teachers made substantial gains, 
        while students placed with the least effective teachers 
        regressed and their mathematics scores decreased.
            (5) McKinsey & Company found that studies that take into 
        account all of the available evidence on teacher effectiveness 
        suggest that students placed with high-performing teachers will 
        progress 3 times as fast as those placed with low-performing 
        teachers.
            (6) A 2003 study by Richard Ingersoll found that new 
        teachers, not just those in hard-to-staff schools, face such 
        challenging working conditions that nearly one-half leave the 
        profession within their first 5 years, one-third leave within 
        their first 3 years, and 14 percent leave by the end of their 
        first year.
            (7) A report by the National Commission on Teaching and 
        America's Future estimated that the nationwide cost of 
        replacing public school teachers who have dropped out of the 
        profession is $7,300,000,000 annually.
            (8) A randomized controlled trial of comprehensive teacher 
        induction, sponsored by the Institute of Education Sciences 
        found that beginning teachers who received 2 years of induction 
        support produced greater student learning gains as a result, 
        the equivalent of a student moving from the 50th to 58th 
        percentile in mathematics achievement and from the 50th to 54th 
        percentile in reading achievement.
            (9) Research by Thomas Smith, Richard Ingersoll, Michael 
        Strong, Anthony Villar, and Jonah Rockoff has shown that 
        comprehensive mentoring and induction reduces teacher attrition 
        by as much as one-half and strengthens new teacher 
        effectiveness.
            (10) A recent School Redesign Network at Stanford 
        University and National Staff Development Council report by 
        Linda Darling-Hammond, Ruth Chung Wei, Alethea Andree, Nikole 
        Richardson, and Stelios Orphanos found that--
                    (A) a set of programs that offered substantial 
                contact hours of professional development (ranging from 
                30 to 100 hours in total) spread over 6 to 12 months 
                showed a positive and significant effect on student 
                achievement gains; and
                    (B) intensive professional development, especially 
                when it includes applications of knowledge to teachers' 
                planning and instruction, has a greater chance of 
                influencing teacher practices, and in turn, leading to 
                gains in student learning, and such intensive 
                professional development has shown a positive and 
                significant effect on student achievement gains, in 
                some cases by approximately 21 percentile points.
            (11) Teachers can acquire and use new knowledge and skills 
        in their instruction when provided with adequate opportunities 
        to learn, according to ``Student Achievement Through Staff 
        Development'' published by ASCD, which found that more than 90 
        percent of participants attained skill proficiency if it 
        includes theory presentation, demonstration, practice, and peer 
        coaching.
            (12) Recent reports from the Center for American Progress, 
        Education Sector, Hope Street Group, and the New Teacher 
        Project have collectively demonstrated the significant flaws in 
        current teacher evaluation and implementation, and the 
        necessity for redesigning these systems and linking such 
        evaluation to individualized feedback and substantive targeted 
        support in order to ensure effective teaching.
            (13) Research by Kenneth Leithwood, Karen Seashore Louis, 
        Stephen Anderson, and Kyla Wahlstrom found that--
                    (A) leadership is second only to classroom 
                instruction among school-related factors that influence 
                student outcomes; and
                    (B) direct and indirect leadership effects account 
                for about one-quarter of total school effects on 
                student learning.
            (14) Research by Charles Clotfelter, Helen Ladd, Kenneth 
        Leithwood, Anthony Milanowski, and the New Teacher Center has 
        shown that the quality of working conditions, particularly 
        supportive school leadership, impacts student academic 
        achievement and teacher recruitment, retention, and 
        effectiveness.
            (15) Since 1965, more than 60 education and library studies 
        have produced clear evidence that school libraries staffed by 
        qualified librarians have a positive impact on student academic 
        achievement, with a recent analysis of reading scores from 
        2004-2009 showing that fewer librarians translated to lower 
        performance, or a slower rise in scores, on standardized tests.
    (b) Purposes.--The purposes of this Act are to build capacity for 
developing effective teachers and principals in our Nation's schools 
through--
            (1) the redesign of teacher and principal evaluation and 
        assessment systems;
            (2) comprehensive, high-quality, rigorous, multi-year 
        induction and mentoring programs for beginning teachers, 
        principals, and other school leaders;
            (3) systematic, sustained, and coherent professional 
        development for all teachers that is team-based and job-
        embedded;
            (4) systematic, sustained, and coherent professional 
        development for school principals, other school leaders, school 
        librarians, paraprofessionals, and other staff; and
            (5) increased teacher leadership opportunities, including 
        compensation for teacher leaders who take on new roles in 
        providing school-based professional development, mentoring, 
        rigorous evaluation, and instructional coaching.

SEC. 3. DEFINITIONS.

    Section 9101 of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7801) is amended--
            (1) by striking paragraph (34) and inserting the following:
            ``(34) Professional development.--The term `professional 
        development' means comprehensive, sustained, and intensive 
        support, provided for teachers, principals, school librarians, 
        other school leaders, and other instructional staff, that--
                    ``(A) fosters collective responsibility for 
                improved student learning;
                    ``(B) is designed and implemented in a manner that 
                increases teacher, principal, school librarian, other 
                school leader, paraprofessional, and other 
                instructional staff effectiveness in improving student 
                learning and strengthening classroom practice;
                    ``(C) analyzes and uses--
                            ``(i) real-time data and information 
                        collected from--
                                    ``(I) evidence of student learning;
                                    ``(II) evidence of classroom 
                                practice; and
                                    ``(III) the State's longitudinal 
                                data system; and
                            ``(ii) other relevant data collected by the 
                        school or local educational agency;
                    ``(D) is aligned with--
                            ``(i) rigorous State student academic 
                        achievement standards developed under section 
                        1111(b)(1);
                            ``(ii) related academic and school 
                        improvement goals of the school, local 
                        educational agency, and statewide curriculum;
                            ``(iii) statewide and local curricula; and
                            ``(iv) rigorous standards of professional 
                        practice and development;
                    ``(E) includes frequently scheduled, significant 
                blocks of time during the regular school day among 
                established collaborative teams of teachers, 
                principals, school librarians, other school leaders, 
                and other instructional staff, by grade level and 
                content area (to the extent applicable and 
                practicable), which teams engage in a continuous cycle 
                of professional learning and improvement that--
                            ``(i) identifies, reviews, and analyzes--
                                    ``(I) evidence of student learning; 
                                and
                                    ``(II) evidence of classroom 
                                practice;
                            ``(ii) defines a clear set of educator 
                        learning goals to improve student learning and 
                        strengthen classroom practice based on the 
                        rigorous analysis of evidence of student 
                        learning and evidence of classroom practice;
                            ``(iii) develops and implements coherent, 
                        sustained, and evidenced-based professional 
                        development strategies to meet such goals 
                        (including through instructional coaching, 
                        lesson study, and study groups organized at the 
                        school, team, or individual levels);
                            ``(iv) provides learning opportunities for 
                        teachers to collectively develop and refine 
                        student learning goals and the teachers' 
                        instructional practices and the use of 
                        formative assessment;
                            ``(v) provides an effective mechanism to 
                        support the transfer of new knowledge and 
                        skills to the classroom (including utilizing 
                        teacher leaders, instructional coaches, school 
                        librarians, and content experts to support such 
                        transfer); and
                            ``(vi) provides opportunities for follow-
                        up, observation, and formative feedback and 
                        assessment of the teacher's classroom practice, 
                        on a regular basis and in a manner that allows 
                        each such teacher to identify areas of 
                        classroom practice that need to be 
                        strengthened, refined, and improved;
                    ``(F) regularly assesses the effectiveness of the 
                support, and uses such assessments to inform ongoing 
                improvements, in--
                            ``(i) improving student learning; and
                            ``(ii) strengthening classroom practice; 
                        and
                    ``(G) supports the recruiting, hiring, and training 
                of highly qualified teachers, including teachers who 
                become highly qualified through State and local 
                alternative routes to certification or licensure.'';
            (2) by adding at the end the following:
            ``(44) Evidence of classroom practice.--The term `evidence 
        of classroom practice' means evidence of practice gathered from 
        a classroom through multiple formats and sources, including 
        some or all of the following:
                    ``(A) Demonstration of effective teaching skills.
                    ``(B) Classroom observations based on rigorous 
                teacher performance standards or rubrics.
                    ``(C) Student work.
                    ``(D) Teacher portfolios.
                    ``(E) Videos of teacher practice.
                    ``(F) Lesson plans.
                    ``(G) Information on the extent to which the 
                teacher collaborates and shares best practices with 
                other teachers and instructional staff.
                    ``(H) Information on the teacher's successful use 
                of research and data.
                    ``(I) Parent, student, and peer feedback.
            ``(45) Evidence of student learning.--The term `evidence of 
        student learning' means--
                    ``(A) valid and reliable data on student learning, 
                which shall include data based on student learning 
                gains on State student academic assessments under 
                section 1111(b)(3) and other State student academic 
                achievement assessments, where available; and
                    ``(B) other evidence of student learning, including 
                some or all of the following:
                            ``(i) Student work, including measures of 
                        performance criteria and evidence of student 
                        growth.
                            ``(ii) Teacher-generated information about 
                        student goals and growth.
                            ``(iii) Parental feedback about student 
                        goals and growth.
                            ``(iv) Formative assessments.
                            ``(v) Summative assessments.
                            ``(vi) Objective performance-based 
                        assessments.
                            ``(vii) Assessments of affective engagement 
                        and self-efficacy.
            ``(46) Lowest achieving school.--The term `lowest achieving 
        school' means a school served by a local educational agency 
        that--
                    ``(A) is failing to make adequate yearly progress 
                as described in section 1111(b)(2), for the greatest 
                number of subgroups described in section 
                1111(b)(2)(C)(v) and by the greatest margins, as 
                compared to the other schools served by the local 
                educational agency; and
                    ``(B) in the case of a secondary school, has a 
                graduation rate of less than 65 percent.
            ``(47) School leader.--The term `school leader' means an 
        individual who--
                    ``(A) is an employee or officer of a school; and
                    ``(B) is responsible for--
                            ``(i) the school's performance; and
                            ``(ii) the daily instructional and 
                        managerial operations of the school.
            ``(48) Teaching skills.--The term `teaching skills' means 
        skills that enable a teacher to--
                    ``(A) increase student learning, achievement, and 
                the ability to apply knowledge;
                    ``(B) effectively convey and explain academic 
                subject matter;
                    ``(C) actively engage students and personalize 
                learning;
                    ``(D) effectively teach higher-order analytical, 
                evaluation, problem-solving, and communication skills;
                    ``(E) develop and effectively apply new knowledge, 
                skills, and practices;
                    ``(F) employ strategies grounded in the disciplines 
                of teaching and learning that--
                            ``(i) are based on empirically based 
                        practice and scientifically valid research, 
                        where applicable, related to teaching and 
                        learning;
                            ``(ii) are specific to academic subject 
                        matter;
                            ``(iii) focus on the identification of 
                        students' specific learning needs, (including 
                        children with disabilities, students who are 
                        limited English proficient, students who are 
                        gifted and talented, and students with low 
                        literacy levels), and the tailoring of academic 
                        instruction to such needs; and
                            ``(iv) enable effective inclusion of 
                        children with disabilities and English language 
                        learners, including the utilization of--
                                    ``(I) response to intervention;
                                    ``(II) positive behavioral 
                                supports;
                                    ``(III) differentiated instruction;
                                    ``(IV) universal design of 
                                learning;
                                    ``(V) appropriate accommodations 
                                for instruction and assessments;
                                    ``(VI) collaboration skills;
                                    ``(VII) skill in effectively 
                                participating in individualized 
                                education program meetings required 
                                under section 614 of the Individuals 
                                with Disabilities Education Act; and
                                    ``(VIII) evidence-based strategies 
                                to meet the linguistic and academic 
                                needs of English language learners;
                    ``(G) conduct an ongoing assessment of student 
                learning, which may include the use of formative 
                assessments, performance-based assessments, project-
                based assessments, or portfolio assessments, that 
                measures higher-order thinking skills (including 
                application, analysis, synthesis, and evaluation);
                    ``(H) effectively manage a classroom, including the 
                ability to implement positive behavioral support 
                strategies;
                    ``(I) communicate and work with parents, and 
                involve parents in their children's education; and
                    ``(J) use age-appropriate and developmentally 
                appropriate strategies and practices.
            ``(49) Formative assessment.--The term `formative 
        assessment' means a process used by teachers and students 
        during instruction that provides feedback to adjust ongoing 
        teaching and learning to improve students' achievement of 
        intended instructional outcomes.''; and
            (3) by redesignating paragraphs (1) through (39), the 
        undesignated paragraph following paragraph (39), and paragraphs 
        (41) through (49) (as amended by this section) as paragraphs 
        (1) through (18), (21), (22), (24) through (29), (31) through 
        (40), (42) through (47), (49), (19), (20), (30), (41), (48), 
        and (23), respectively.

SEC. 4. SCHOOL IMPROVEMENT.

    Section 1003(g)(5) of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6303(g)(5)) is amended--
            (1) in subparagraph (B), by striking ``and'' after the 
        semicolon;
            (2) in subparagraph (C), by striking the period and 
        inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(D) permitted to be used to supplement the 
                activities required under section 2502.''.

SEC. 5. TEACHER AND PRINCIPAL PROFESSIONAL DEVELOPMENT AND SUPPORT.

    (a) In General.--Title II of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 6601 et seq.) is amended by adding at the end 
the following:

     ``PART E--BUILDING SCHOOL CAPACITY FOR EFFECTIVE TEACHING AND 
                               LEADERSHIP

``SEC. 2501. LOCAL SCHOOL IMPROVEMENT ACTIVITIES.

    ``(a) Subgrants to Local Educational Agencies.--
            ``(1) Grants.--From amounts made available under section 
        2505, the Secretary shall award grants, through allotments 
        under paragraph (3)(A), to States to enable the States to award 
        subgrants to local educational agencies under this part.
            ``(2) Reservations.--A State that receives a grant under 
        this part for a fiscal year shall--
                    ``(A) reserve 95 percent of the funds made 
                available through the grant to make subgrants, through 
                allocations under paragraph (3)(B), to local 
                educational agencies; and
                    ``(B) use the remainder of the funds for--
                            ``(i) administrative activities and 
                        technical assistance in helping local 
                        educational agencies carry out this part;
                            ``(ii) statewide capacity building 
                        strategies to support local educational 
                        agencies in the implementation of the required 
                        activities under section 2502; and
                            ``(iii) conducting the evaluation required 
                        under section 2504.
            ``(3) Formulas.--
                    ``(A) Allotments.--The allotment provided to a 
                State under this section for a fiscal year shall bear 
                the same relation to the total amount available under 
                this part for such allotments for the fiscal year, as 
                the allotment provided to the State under section 
                2111(b) for such year bears to the total amount 
                available under such section 2111(b) for such 
                allotments for such year.
                    ``(B) Allocations.--The allocation provided to a 
                local educational agency under this section for a 
                fiscal year shall bear the same relation to the total 
                amount available under this part for such allocations 
                for the fiscal year, as the allocation provided to the 
                local educational agency under section 2121(a) for such 
                year bears to the total amount available for such 
                allocations for such year.
            ``(4) Schools first supported.--A local educational agency 
        receiving a subgrant under this part shall first use such funds 
        to carry out the activities described in section 2502(a) in 
        each lowest achieving school served by the local educational 
        agency--
                    ``(A) that demonstrates the greatest need for 
                subgrant funds based on the data analysis described in 
                subsection (b)(3); and
                    ``(B) in which not less than 40 percent of the 
                students enrolled in the school are eligible for a free 
                or reduced price lunch under the Richard B. Russell 
                National School Lunch Act (42 U.S.C. 1751 et seq.).
    ``(b) Local Educational Agency Application.--
            ``(1) In general.--To be eligible to receive a subgrant 
        under this part, a local educational agency shall submit to the 
        State educational agency an application described in paragraph 
        (2), and a summary of the data analysis conducted under 
        paragraph (3), at such time, in such manner, and containing 
        such information as the State educational agency may reasonably 
        require.
            ``(2) Contents of application.--Each application submitted 
        pursuant to paragraph (1) shall include--
                    ``(A) a description of how the local educational 
                agency will assist the lowest achieving schools served 
                by the local educational agency in carrying out the 
                requirements of section 2502, including--
                            ``(i) developing and implementing the 
                        teacher and principal evaluation system 
                        pursuant to section 2502(a)(3);
                            ``(ii) implementing teacher induction 
                        programs pursuant to section 2502(a)(1);
                            ``(iii) providing effective professional 
                        development in accordance with section 
                        2502(a)(2);
                            ``(iv) implementing mentoring, coaching, 
                        and sustained professional development for 
                        school principals and other school leaders 
                        pursuant to section 2502(a)(4); and
                            ``(v) providing significant and sustainable 
                        teacher stipends, pursuant to section 
                        2502(a)(6);
                    ``(B) a description of how the local educational 
                agency will--
                            ``(i) conduct and utilize valid and 
                        reliable surveys pursuant to section 2502(b); 
                        and
                            ``(ii) ensure that such programs are 
                        integrated and aligned pursuant to section 
                        2502(c);
                    ``(C)(i) a description of how the local educational 
                agency will use subgrant funds to target and support 
                the lowest achieving schools described in subsection 
                (a)(4) before using funds for other lowest achieving 
                schools; and
                    ``(ii) a list that identifies all of the lowest 
                achieving schools that will be assisted under the 
                subgrant;
                    ``(D) a description of how the local educational 
                agency will enable effective inclusion of children with 
                disabilities and English language learners, including 
                through utilization by the teachers, principals, and 
                other school leaders of the local educational agency 
                of--
                            ``(i) response to intervention;
                            ``(ii) positive behavioral supports;
                            ``(iii) differentiated instruction;
                            ``(iv) universal design of learning;
                            ``(v) appropriate accommodations for 
                        instruction and assessments;
                            ``(vi) collaboration skills;
                            ``(vii) skill in effectively participating 
                        in individualized education program meetings 
                        required under section 614 of the Individuals 
                        with Disabilities Education Act; and
                            ``(viii) evidence-based strategies to meet 
                        the linguistic and academic needs of English 
                        language learners;
                    ``(E) a description of how the local educational 
                agency will assist the lowest achieving schools in 
                utilizing real-time student learning data, based on 
                evidence of student learning and evidence of classroom 
                practice, to--
                            ``(i) inform instruction; and
                            ``(ii) inform professional development for 
                        teachers, mentors, principals, and other school 
                        leaders;
                    ``(F) a description of how the programs and 
                assistance provided under section 2502 will be managed 
                and designed, including a description of the division 
                of labor and different roles and responsibilities of 
                local educational agency central office staff members, 
                school leaders, teacher leaders, coaches, mentors, and 
                evaluators; and
                    ``(G) a description of how the local educational 
                agency will work with institutions of higher education 
                and local teacher and principal preparation programs to 
                improve the performance of beginning teachers and 
                principals, improve induction programs, and strengthen 
                professional development.
            ``(3) Data analysis.--A local educational agency desiring a 
        subgrant under this part shall, prior to applying for the 
        subgrant, conduct a data analysis of each school served by the 
        local educational agency, based on data and information 
        collected from evidence of student learning, evidence of 
        classroom practice, and the State's longitudinal data system, 
        in order to--
                    ``(A) determine which schools have the most 
                critical teacher, principal, school librarian, and 
                other school leader quality, effectiveness, and 
                professional development needs; and
                    ``(B) allow the local educational agency to 
                identify the specific needs regarding the quality, 
                effectiveness, and professional development needs of 
                the school's teachers, principals, librarians, and 
                other school leaders, including with respect to 
                instruction provided for individual student subgroups 
                (including children with disabilities and English 
                language learners) and specific grade levels and 
                content areas.
            ``(4) Joint development and submission.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), a local educational agency shall--
                            ``(i) jointly develop the application and 
                        data analysis framework under this subsection 
                        with local organizations representing the 
                        teachers, principals, and other school leaders 
                        in the local educational agency; and
                            ``(ii) submit the application and data 
                        analysis in partnership with such local 
                        teacher, principal, and school leader 
                        organizations.
                    ``(B) Exception.--A State may, after consultation 
                with the Secretary, consider an application from a 
                local educational agency that is not jointly developed 
                and submitted in accordance with subparagraph (A) if 
                the application includes documentation of the local 
                educational agency's extensive attempt to work jointly 
                with local teacher, principal, and school leader 
                organizations.

``SEC. 2502. USE OF FUNDS.

    ``(a) Induction, Professional Development, and Evaluation System.--
A local educational agency that receives a subgrant under this part 
shall use the subgrant funds to improve teaching and school leadership 
through a system of teacher and principal induction, professional 
development, and evaluation. Such system shall be developed, 
implemented, and evaluated in collaboration with local teacher, 
principal, and school leader organizations and local teacher, 
principal, and school leader preparation programs and shall provide 
assistance to each school that the local educational agency has 
identified under section 2501(b)(2)(C)(ii), to--
            ``(1) implement a comprehensive, coherent, high-quality 
        formalized induction program for beginning teachers during not 
        less than the teachers' first 2 years of full-time employment 
        as teachers with the local educational agency, that shall 
        include--
                    ``(A) rigorous mentor selection by school or local 
                educational agency leaders with mentoring and 
                instructional expertise, including requirements that 
                the mentor demonstrate--
                            ``(i) a proven track record of improving 
                        student learning;
                            ``(ii) strong interpersonal skills;
                            ``(iii) exemplary teaching skills, 
                        particularly with diverse learners, including 
                        children with disabilities and English language 
                        learners;
                            ``(iv) not less than 5 years teaching 
                        experience;
                            ``(v) commitment to personal and 
                        professional growth and learning, such as 
                        National Board for Professional Teaching 
                        Standards certification;
                            ``(vi) willingness and experience in using 
                        real-time data, as well as school and classroom 
                        level practices that have demonstrated the 
                        capacity to--
                                    ``(I) improve student learning and 
                                classroom practice; and
                                    ``(II) inform instruction and 
                                professional growth;
                            ``(vii) a commitment to participate in 
                        professional development throughout the year to 
                        develop the knowledge and skills related to 
                        effective mentoring; and
                            ``(viii) the ability to improve the 
                        effectiveness of the mentor's mentees, as 
                        assessed by the evaluation system described in 
                        paragraph (3);
                    ``(B) a program of high-quality, intensive, and 
                ongoing mentoring and mentor-teacher interactions 
                that--
                            ``(i) ensures that new teachers are 
                        supported in ways that help improve content-
                        specific knowledge and pedagogy, including by 
                        matching mentors with beginning teachers by 
                        grade level and content area;
                            ``(ii) assists each beginning teacher in--
                                    ``(I) analyzing data based on the 
                                beginning teacher's evidence of student 
                                learning and evidence of classroom 
                                practice, and utilizing research-based 
                                instructional strategies, including 
                                differentiated instruction, to inform 
                                and strengthen such practice;
                                    ``(II) developing and enhancing 
                                effective teaching skills;
                                    ``(III) enabling effective 
                                inclusion of children with disabilities 
                                and English language learners, 
                                including through the utilization of--
                                            ``(aa) response to 
                                        intervention;
                                            ``(bb) positive behavioral 
                                        supports;
                                            ``(cc) differentiated 
                                        instruction;
                                            ``(dd) universal design of 
                                        learning;
                                            ``(ee) appropriate 
                                        accommodations for instruction 
                                        and assessments;
                                            ``(ff) collaboration 
                                        skills;
                                            ``(gg) skill in effectively 
                                        participating in individualized 
                                        education program meetings 
                                        required under section 614 of 
                                        the Individuals with 
                                        Disabilities Education Act; and
                                            ``(hh) evidence-based 
                                        strategies to meet the 
                                        linguistic and academic needs 
                                        of English language learners;
                                    ``(IV) using formative evaluations 
                                to--
                                            ``(aa) collect and analyze 
                                        classroom-level data;
                                            ``(bb) foster evidence-
                                        based discussions;
                                            ``(cc) provide 
                                        opportunities for self 
                                        assessment;
                                            ``(dd) examine classroom 
                                        practice; and
                                            ``(ee) establish goals for 
                                        professional growth; and
                                    ``(V) achieving the goals of the 
                                school, district, and statewide 
                                curricula;
                            ``(iii) provides regular and ongoing 
                        opportunities for beginning teachers to observe 
                        exemplary teaching in classroom settings during 
                        the school day;
                            ``(iv) aligns with the mission and goals of 
                        the local educational agency and school;
                            ``(v)(I) acts as a vehicle for a beginning 
                        teacher to establish short- and long-term 
                        planning and professional goals and to improve 
                        student learning and classroom practice; and
                            ``(II) guides, monitors, and assesses the 
                        beginning teacher's progress toward such goals;
                            ``(vi) assigns not more than 12 beginning 
                        teacher mentees to a mentor who is released 
                        full-time from classroom teaching, and reduces 
                        such maximum number of mentees proportionately 
                        for a mentor who works on a part-times basis;
                            ``(vii) provides joint professional 
                        development opportunities for mentors and 
                        beginning teachers;
                            ``(viii) may include the use of master 
                        teachers to support mentors or other teachers; 
                        and
                            ``(ix) improves student learning and 
                        classroom practice, as measured by the 
                        evaluation system described in paragraph (3);
                    ``(C) paid school release time that allows for at 
                least weekly high-quality mentoring and mentor-teacher 
                interactions;
                    ``(D) foundational training and ongoing 
                professional development for mentors that support the 
                high-quality mentoring and mentor-teacher interactions 
                described in subparagraph (B);
                    ``(E) use of research-based teaching standards, 
                formative assessments, teacher portfolio processes 
                (such as the National Board for Professional Teaching 
                Standards certification process), and teacher 
                development protocols that support the high-quality 
                mentoring and mentor-teacher interactions described in 
                subparagraph (B); and
                    ``(F) feedback on the performance of beginning 
                teachers to local teacher preparation programs and 
                recommendations for improving such programs;
            ``(2) implement high-quality effective professional 
        development for teachers, principals, school librarians, and 
        other school leaders serving the schools targeted for 
        assistance under the subgrant;
            ``(3) develop and implement a rigorous, transparent, and 
        equitable teacher and principal evaluation system for all 
        schools served by the local educational agency that--
                    ``(A)(i) provides formative individualized feedback 
                to teachers and principals on areas for improvement;
                    ``(ii) provides for substantive support and 
                interventions targeted specifically on such areas of 
                improvement; and
                    ``(iii) results in summative evaluations;
                    ``(B) differentiates the effectiveness of teachers 
                and principals using multiple rating categories that 
                take into account evidence of student learning;
                    ``(C) shall be developed, implemented, and 
                evaluated in partnership with local teacher and 
                principal organizations; and
                    ``(D) includes--
                            ``(i) valid, clearly defined, and reliable 
                        performance standards and rubrics for teacher 
                        evaluation based on multiple performance 
                        measures, which shall include a combination 
                        of--
                                    ``(I) evidence of classroom 
                                practice; and
                                    ``(II) evidence of student learning 
                                as a significant factor;
                            ``(ii) valid, clearly defined, and reliable 
                        performance standards and rubrics for principal 
                        evaluation based on multiple performance 
                        measures of student learning and leadership 
                        skills, which standards shall include--
                                    ``(I) planning and articulating a 
                                shared and coherent schoolwide 
                                direction and policy for achieving high 
                                standards of student performance;
                                    ``(II) identifying and implementing 
                                the activities and rigorous curriculum 
                                necessary for achieving such standards 
                                of student performance;
                                    ``(III) supporting a culture of 
                                learning, collaboration, and 
                                professional behavior and ensuring 
                                quality measures of instructional 
                                practice;
                                    ``(IV) communicating and engaging 
                                parents, families, and other external 
                                communities; and
                                    ``(V) collecting, analyzing, and 
                                utilizing data and other tangible 
                                evidence of student learning and 
                                evidence of classroom practice to guide 
                                decisions and actions for continuous 
                                improvement and to ensure performance 
                                accountability;
                            ``(iii) multiple and distinct rating 
                        options that allow evaluators to--
                                    ``(I) conduct multiple classroom 
                                observations throughout the school 
                                year;
                                    ``(II) examine the impact of the 
                                teacher or principal on evidence of 
                                student learning and evidence of 
                                classroom practice;
                                    ``(III) specifically describe and 
                                compare differences in performance, 
                                growth, and development; and
                                    ``(IV) provide teachers or 
                                principals with detailed individualized 
                                feedback and evaluation in a manner 
                                that allows each teacher or principal 
                                to identify the areas of classroom 
                                practice that need to be strengthened, 
                                refined, and improved;
                            ``(iv) implementing a formative and 
                        summative evaluation process based on the 
                        performance standards established under clauses 
                        (i) and (ii);
                            ``(v) rigorous training for evaluators on 
                        the performance standards established under 
                        clauses (i) and (ii) and the process of 
                        conducting effective evaluations, including how 
                        to provide specific feedback and improve 
                        teaching and principal practice based on 
                        evaluation results;
                            ``(vi) regular monitoring and assessment of 
                        the quality and fairness of the evaluation 
                        system and the evaluators' judgements, 
                        including with respect to--
                                    ``(I) inter-rater reliability, 
                                including independent or third-party 
                                reviews;
                                    ``(II) student assessments used in 
                                the evaluation system;
                                    ``(III) the performance standards 
                                established under clauses (i) and (ii);
                                    ``(IV) training and qualifications 
                                of evaluators; and
                                    ``(V) timeliness of teacher and 
                                principal evaluations and feedback;
                            ``(vii) a plan and substantive targeted 
                        support for teachers and principals who fail to 
                        meet the performance standards established 
                        under clauses (i) and (ii);
                            ``(viii) a streamlined, transparent, fair, 
                        and objective due process for documentation and 
                        removal of teacher and principals who fail to 
                        meet such performance standards, as governed by 
                        any applicable collective bargaining agreement 
                        or State law and after substantive targeted and 
                        reasonable support has been provided to such 
                        teachers and principals; and
                            ``(ix) in the case of a local educational 
                        agency in a State that has a State evaluation 
                        framework, the alignment of the local 
                        educational agency's evaluation system with, at 
                        a minimum, such framework and the requirements 
                        of this paragraph;
            ``(4) implement ongoing high-quality support, coaching, and 
        professional development for principals and other school 
        leaders serving the schools targeted for assistance under such 
        subgrant, which shall--
                    ``(A) include a comprehensive, coherent, high-
                quality formalized induction program outside the 
                supervisory structure for beginning principals and 
                other school leaders, during not less than the 
                principals' and other school leaders' first 2 years of 
                full-time employment as a principal or other school 
                leader in the local educational agency, to develop and 
                improve the knowledge and skills described in 
                subparagraph (B), including--
                            ``(i) a rigorous mentor or coach selection 
                        process based on exemplary administrative 
                        expertise and experience;
                            ``(ii) a program of ongoing opportunities 
                        throughout the school year for the mentoring or 
                        coaching of beginning principals and other 
                        school leaders, including opportunities for 
                        regular observation and feedback;
                            ``(iii) foundational training and ongoing 
                        professional development for mentors or 
                        coaches; and
                            ``(iv) the use of research-based leadership 
                        standards, formative and summative assessments, 
                        or principal and other school leader protocols 
                        (such as the National Board for Professional 
                        Teaching Standards Certification for 
                        Educational Leaders program or the 2008 
                        Interstate School Leaders Licensure Consortium 
                        Standards);
                    ``(B) improve the knowledge and skills of school 
                principals and other school leaders in--
                            ``(i) planning and articulating a shared 
                        and clear schoolwide direction, vision, and 
                        strategy for achieving high standards of 
                        student performance;
                            ``(ii) identifying and implementing the 
                        activities and rigorous student curriculum and 
                        assessments necessary for achieving such 
                        standards of performance;
                            ``(iii) managing and supporting a 
                        collaborative culture of ongoing learning and 
                        professional development and ensuring quality 
                        evidence of classroom practice (including 
                        shared or distributive leadership and providing 
                        timely and constructive feedback to teachers to 
                        improve student learning and strengthen 
                        classroom practice);
                            ``(iv) communicating and engaging parents, 
                        families, and local communities and 
                        organizations (including engaging in 
                        partnerships among elementary schools, 
                        secondary schools, and institutions of higher 
                        education to ensure the vertical alignment of 
                        student learning outcomes);
                            ``(v) collecting, analyzing, and utilizing 
                        data and other tangible evidence of student 
                        learning and classroom practice (including the 
                        use of formative and summative assessments) 
                        to--
                                    ``(I) guide decisions and actions 
                                for continuous instructional 
                                improvement; and
                                    ``(II) ensure performance 
                                accountability;
                            ``(vi) managing resources and school time 
                        to ensure a safe and effective student learning 
                        environment; and
                            ``(vii) designing and implementing 
                        strategies for differentiated instruction and 
                        effectively identifying and educating diverse 
                        learners, including children with disabilities 
                        and English language learners; and
                    ``(C) provide feedback on the performance of 
                beginning principals and other school leaders to local 
                principal and leader preparation programs and 
                recommendations for improving such programs;
            ``(5)(A) create or enhance opportunities for teachers and 
        school librarians to assume new school leadership roles and 
        responsibilities, including--
                    ``(i) serving as mentors, instructional coaches, or 
                master teachers; or
                    ``(ii) assuming increased responsibility for 
                professional development activities, curriculum 
                development, or school improvement and leadership 
                activities; and
            ``(B) provide training for teachers who assume such school 
        leadership roles and responsibilities; and
            ``(6) provide significant and sustainable stipends above a 
        teacher's base salary for teachers that serve as mentors, 
        instructional coaches, teacher leaders, or evaluators under the 
        programs described in this subsection.
    ``(b) Survey.--A local educational agency receiving a subgrant 
under this part shall conduct a valid and reliable full population 
survey of teaching and learning, at the school and local educational 
agency level, and include, as topics in the survey, not less than the 
following elements essential to improving student learning and 
retaining effective teachers:
            ``(1) Instructional planning time.
            ``(2) School leadership.
            ``(3) Decisionmaking processes.
            ``(4) Professional development.
            ``(5) Facilities and resources, including the school 
        library.
            ``(6) Beginning teacher induction.
            ``(7) School safety and environment.
    ``(c) Integration and Alignment.--The system described in 
subsection (a) shall--
            ``(1) integrate and align all of the activities described 
        in such subsection;
            ``(2) be informed by, and integrated with, the results of 
        the survey described in subsection (b);
            ``(3) be aligned with the State's school improvement 
        efforts under sections 1116 and 1117; and
            ``(4) be aligned with the programs funded under title II of 
        the Higher Education Act of 1965 and other professional 
        development programs authorized under this Act.
    ``(d) Eligible Entities.--The assistance required to be provided 
under this section may be provided--
            ``(1) by the local educational agency; or
            ``(2) by the local educational agency, in collaboration 
        with--
                    ``(A) the State educational agency;
                    ``(B) an institution of higher education;
                    ``(C) a nonprofit organization;
                    ``(D) a teacher organization;
                    ``(E) a principal or school leader organization;
                    ``(F) an educational service agency;
                    ``(G) a teaching residency program; or
                    ``(H) another nonprofit entity with experience in 
                helping schools improve student achievement.

``SEC. 2503. RULE OF CONSTRUCTION.

    ``Nothing in this part shall be construed to alter or otherwise 
affect the rights, remedies, and procedures afforded school or school 
district employees under Federal, State, or local laws (including 
applicable regulations or court orders) or under the terms of 
collective bargaining agreements, memoranda of understanding, or other 
agreements between such employees and their employers.

``SEC. 2504. PROGRAM EVALUATION.

    ``(a) In General.--Each program required under section 2502(a) 
shall include a formal evaluation system to determine, at a minimum, 
the effectiveness of each such program on--
            ``(1) student learning;
            ``(2) retaining teachers and principals, including 
        differentiating the retainment data by profession and by the 
        level of performance of the teachers and principals, based on 
        the evaluation system described in section 2502(a)(3);
            ``(3) teacher, principal, and other school leader practice, 
        which shall include, for teachers and principals, practice 
        measured by the teacher and principal evaluation system 
        described in section 2502(a)(3);
            ``(4) student graduation rates, as applicable;
            ``(5) teaching, learning, and working conditions;
            ``(6) parent, family, and community involvement and 
        satisfaction;
            ``(7) student attendance rates;
            ``(8) teacher and principal satisfaction; and
            ``(9) student behavior.
    ``(b) Local Educational Agency and School Effectiveness.--The 
formal evaluation system described in subsection (a) shall also measure 
the effectiveness of the local educational agency and school in--
            ``(1) implementing the comprehensive induction program 
        described in section 2502(a)(1);
            ``(2) implementing high-quality professional development 
        described in section 2502(a)(2);
            ``(3) developing and implementing a rigorous, transparent, 
        and equitable teacher and principal evaluation system described 
        in section 2502(a)(3);
            ``(4) implementing mentoring, coaching, and professional 
        development for school principals and other school leaders 
        described in section 2502(a)(4);
            ``(5) ensuring that mentors, teachers, and schools are 
        using data to inform instructional practices; and
            ``(6) ensuring that the comprehensive induction and high-
        quality mentoring required under section 2502(a)(1) and the 
        high impact professional development required under section 
        2502(a)(2) are integrated and aligned with the State's school 
        improvement efforts under sections 1116 and 1117.
    ``(c) Conduct of Evaluation.--The evaluation described in 
subsection (a) shall be--
            ``(1) conducted by the State, an institution of higher 
        education, or an external agency that is experienced in 
        conducting such evaluations; and
            ``(2) developed in collaboration with groups such as--
                    ``(A) experienced educators with track records of 
                success in the classroom;
                    ``(B) institutions of higher education involved 
                with teacher induction and professional development 
                located within the State; and
                    ``(C) local teacher, principal, and school leader 
                organizations.
    ``(d) Dissemination.--
            ``(1) In general.--The results of the evaluation described 
        in subsection (a) shall be submitted to the Secretary.
            ``(2) Dissemination.--The Secretary shall make the results 
        of each evaluation described in subsection (a) available to 
        States, local educational agencies, and the public.

``SEC. 2505. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this part 
such sums as may be necessary for fiscal year 2012 and each succeeding 
fiscal year.''.
    (b) Table of Contents.--The table of contents in section 2 of the 
Elementary and Secondary Education Act of 1965 is amended by inserting 
after the item relating to section 2441 the following:

     ``Part E--Building School Capacity for Effective Teaching and 
                               Leadership

``Sec. 2501. Local school improvement activities.
``Sec. 2502. Use of funds.
``Sec. 2503. Rule of Construction.
``Sec. 2504. Program evaluation.
``Sec. 2505. Authorization of appropriations.''.
                                 <all>