[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1716 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1716

 A bill to amend the Elementary and Secondary Education Act of 1965 to 
   improve teacher quality and increase access to effective teachers.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 17, 2011

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

_______________________________________________________________________

                                 A BILL


 
 A bill to amend the Elementary and Secondary Education Act of 1965 to 
   improve teacher quality and increase access to effective teachers.

    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 ``Assuring Successful Students through 
Effective Teaching Act of 2011''.

SEC. 2. FINDINGS.

            (1) Teacher quality is the most important school-related 
        factor influencing student achievement. Compared to fully 
        certified teachers, teachers who have not completed a 
        certification process had significant negative effects on 
        student achievement on 5 of the 6 tests included in a large-
        scale longitudinal study conducted in Houston, Texas. Teachers 
        who have not completed a certification process were primarily 
        assigned to teach African-American and Latino students. Such 
        teachers' attrition rates were nearly double those of certified 
        teachers.
            (2) Large-scale studies in New York and North Carolina 
        found that teachers were significantly more effective when they 
        were fully prepared and certified prior to entry, had strong 
        academic backgrounds, and had more than 2 years of experience. 
        The North Carolina study found that these factors, together 
        with National Board Certification, accounted for more of the 
        difference in student achievement gains than race and parent 
        education combined.
            (3) A study of elementary school students in Arizona found 
        that students of certified teachers performed significantly 
        better than students of under-certified teachers on all 3 
        subtests of the SAT 9, including reading, mathematics, and 
        language arts. Students of certified teachers out-performed 
        students of under-certified teachers in reading by about 4 
        months on a grade equivalent scale, and in mathematics and 
        language arts by about 3 months.
            (4) A national study of 4,400 early educators found that 
        teacher certification was particularly influential in 
        predicting achievement for African-American students. Having 
        fully certified teachers helped to narrow the achievement gap 
        between African-American and White students in early elementary 
        grades.
            (5) A statewide study in Florida found that teachers with 
        pre-service preparation and certification in special education 
        were significantly more effective in teaching special education 
        students in both mainstream and special education classes.
            (6) In 2001, students in California's most segregated 
        minority schools were more than 5 times more likely to have 
        uncertified teachers than students in predominantly White 
        schools, and in some schools a majority of teachers were 
        uncertified. Since teacher credential standards were lowered in 
        the 1990s, nearly 50 percent of the State's new teachers 
        entered the teaching profession without training, and almost 
        all of these teachers were assigned to teach in high-need 
        schools. Half of California's current interns-in-training are 
        teaching special education students.
            (7) The achievement gap between White students with 
        college-educated parents and Black students with high-school 
        educated parents would be much reduced if low-income minority 
        students were routinely assigned highly qualified teachers, 
        rather than the poorly qualified teachers that such students 
        most often encounter.
            (8) A national study found that students in high-minority 
        schools had less than a 50 percent chance of being taught by a 
        mathematics or science teacher who has a degree or a license in 
        the field that the teacher teaches.
            (9) As teachers increase their experience in schools, their 
        increased individual and collective knowledge of pedagogy and 
        practice directly and positively impacts student achievement. 
        Teacher retention also results in cost-savings for distressed 
        school districts, reducing the need to constantly recruit, 
        hire, and mentor new teachers. The National Commission on 
        Teaching and America's Future estimates that growing teacher 
        dropout rates cost over $7,300,000,000 annually.
            (10) A nationwide study by the National Center for 
        Education Statistics found that among recent college graduates, 
        49 percent of those entering the teaching profession without 
        certification left the profession within 5 years, compared to 
        only 14 percent of teachers who were certified.
            (11) In special education fields, as in other fields, 
        uncertified teachers are twice as likely to leave their 
        positions, compared to beginning teachers who have greater 
        teaching preparation. According to the United States Office of 
        Special Education Programs, more than 12,000 special educator 
        openings were left vacant or filled with substitute teachers 
        who were not certified in special education.

SEC. 3. DEFINITIONS.

    Section 9101 of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7801) is amended--
            (1) by redesignating paragraphs (18) through (36) and (37) 
        through (43), as paragraphs (19) through (37) and (39) through 
        (46), respectively;
            (2) by inserting the following after paragraph (17):
            ``(18) Effective.--The term `effective' when used with 
        respect to any public elementary school or secondary school 
        teacher teaching in a State, means that the teacher, as 
        determined by the State--
                    ``(A) is a highly qualified teacher who is teaching 
                in a field for which the teacher is fully licensed or 
                certified;
                    ``(B) has demonstrated effectiveness based on not 
                less than 3 years of evidence, as measured by a 
                comprehensive teacher evaluation and support system 
                that--
                            ``(i) is developed by the local educational 
                        agency that serves the school in which the 
                        teacher teachers, in conjunction with teachers 
                        or their representatives;
                            ``(ii) includes evidence of proficient 
                        classroom performance and contributions to 
                        individual student learning over a period of 
                        time;
                            ``(iii) is based on multiple measures and 
                        shall include multiple classroom observations 
                        over a period of time by trained assessors with 
                        the relevant knowledge and experience in the 
                        teacher's subject area, and on the basis of 
                        professional teaching standards; and
                            ``(iv) may include--
                                    ``(I) examination of other evidence 
                                of teaching (such as curricula plans, 
                                assignments, feedback to students, and 
                                support for students); and
                                    ``(II) multiple forms of formative 
                                and summative student assessment, which 
                                may include--
                                            ``(aa) student performance 
                                        on standardized assessments 
                                        that are valid and appropriate 
                                        measures for the students and 
                                        curriculum taught;
                                            ``(bb) student performance 
                                        on measures that demonstrate 
                                        student accomplishment and 
                                        learning, such as exhibitions 
                                        of mastery, portfolios, and 
                                        performance tasks; and
                                            ``(cc) students' 
                                        perceptions of the 
                                        instructional practices and 
                                        learning environment;
                    ``(C) has demonstrated the teaching skills to teach 
                diverse students in the relevant subject area, 
                including--
                            ``(i) teaching students how to develop 
                        higher order thinking skills;
                            ``(ii) teaching literacy skills that are 
                        essential to the content areas in which the 
                        teacher teaches; and
                            ``(iii) diagnosing and assessing student 
                        needs in formative ways, such as through 
                        scaffolding learning and differentiating 
                        instruction;
                    ``(D) has demonstrated knowledge about working with 
                students who are children with disabilities;
                    ``(E) has specialized expertise in supporting 
                language development and instructional strategies for 
                enhancing academic language proficiency;
                    ``(F) has demonstrated strong management and 
                organizational skills, and the ability to create an 
                engaging learning environment;
                    ``(G) has demonstrated skills that support the 
                social and emotional development of students;
                    ``(H) has made efforts to connect in-school and 
                out-of-school learning through the use of strategies 
                designed to increase the engagement of parents and 
                families in their child's learning;
                    ``(I) has the necessary skills to work in 
                multicultural settings and communities and is able to 
                interact effectively in a range of cultural 
                environments;
                    ``(J) contributes to the overall improvement of the 
                school in the areas of student achievement and school 
                climate through such activities as participating in 
                grade-level or subject teams to support students and 
                collaborative professional development, mentoring 
                teachers, developing curricula, and offering 
                professional learning opportunities to other teachers 
                in an effort to advance student learning and school 
                performance;
                    ``(K) may be Nationally Board Certified; and
                    ``(L) if applicable, incorporates appropriate 
                technologies in learning and teaching.'';
            (3) in paragraph (24), as redesignated by paragraph (1), by 
        striking subparagraph (A) and inserting the following:
                    ``(A) when used with respect to any public 
                elementary school or secondary school teacher teaching 
                in a State, means that the teacher, as determined by 
                the State--
                            ``(i)(I) has fully completed a State-
                        approved traditional or alternative teacher 
                        preparation program, where available; or
                            ``(II) has passed a rigorous State-approved 
                        teacher performance assessment; and
                            ``(ii) has obtained full State 
                        certification, including subject matter 
                        competence in the fields taught;''; and
            (4) by inserting after paragraph (37), as redesignated by 
        paragraph (1), the following:
            ``(38) Rigorous state-approved teacher performance 
        assessment.--The term `rigorous State-approved teacher 
        performance assessment' means an assessment used to measure 
        teacher performance that has been approved by the State and--
                    ``(A) is based on professional teaching standards;
                    ``(B) is used to document the effectiveness of a 
                teacher's--
                            ``(i) curriculum planning;
                            ``(ii) instruction of students, including 
                        appropriate plans and modifications for 
                        students who are limited English proficient and 
                        students who are children with disabilities; 
                        and
                            ``(iii) assessment of students, including 
                        analysis of student learning evidence;
                    ``(C) is validated based on professional assessment 
                standards;
                    ``(D) is reliably scored by trained evaluators, 
                with appropriate oversight of the process to ensure 
                consistency; and
                    ``(E) the results of which are used to support 
                continuous improvement of educator practice.''.

SEC. 4. STATE PLANS.

    Section 1111 of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 6311) is amended--
            (1) in subsection (b)--
                    (A) by striking subparagraph (C) of paragraph (8) 
                and inserting the following:
                    ``(C) the specific steps the State educational 
                agency will take to ensure that both schoolwide 
                programs and targeted assistance schools provide 
                instruction by highly qualified and effective 
                instructional staff, as required by sections 
                1114(b)(1)(C) and 1115(c)(1)(E), including steps that 
                the State educational agency will take--
                            ``(i) to ensure that poor or minority 
                        students, students who are limited English 
                        proficient, or students who are children with 
                        disabilities are not taught at higher rates 
                        than other students by teachers who are 
                        inexperienced, not highly qualified, out-of-
                        field, or who have not yet demonstrated 
                        effectiveness as defined by section 9101(18);
                            ``(ii) to ensure that schools with high 
                        concentrations of poor or minority students are 
                        staffed by a similar ratio of highly qualified 
                        and effective teachers as schools in the State 
                        that do not have high concentrations of such 
                        students;
                            ``(iii) to decrease teacher attrition and 
                        build capacity within schools that serve a high 
                        concentration of poor or minority students, 
                        students who are limited English proficient, or 
                        students who are children with disabilities; 
                        and
                            ``(iv) to evaluate and publicly report the 
                        progress of the State educational agency with 
                        respect to the activities described in this 
                        subparagraph; and''; and
                    (B) by inserting after paragraph (10) the 
                following:
            ``(11) Support for equitable distribution requirements.--
                    ``(A) In general.--If a local educational agency in 
                the State is unable to meet the equitable distribution 
                requirements described in section 1112(c)(1)(L), the 
                State shall provide additional supports to assist the 
                local educational agency in making continuous progress 
                towards meeting the equitable distribution 
                requirements.
                    ``(B) Inability to meet equitable distribution 
                requirements.--In order to receive the support 
                described in subparagraph (A), the local educational 
                agency's inability to meet the equitable distribution 
                requirements described in section 1112(c)(1)(L) shall 
                be based on a demonstrable hardship particular to the 
                local educational agency, such as geographic isolation 
                of the schools served by the local educational agency 
                or difficulty in attracting a sufficient number of 
                teachers who can meet the requirements to teach 
                students who are children with disabilities or students 
                who are limited English proficient.
                    ``(C) State supports.--The State supports described 
                in subparagraph (A) shall include resources directed 
                toward the goals of ensuring that professional 
                development resources are directed to alleviate the 
                demonstrable hardship described in subparagraph (B), 
                by--
                            ``(i) strengthening recruitment efforts, 
                        especially for teachers from underrepresented 
                        backgrounds and teachers for hard-to-staff 
                        subjects and classrooms;
                            ``(ii) increasing teacher retention, and
                            ``(iii) providing additional ongoing 
                        professional development to support teachers in 
                        meeting the requirements to become highly 
                        qualified or effective.''; and
            (2) in subsection (h)--
                    (A) in paragraph (1)(C)(viii), by striking ``not 
                taught by highly qualified teachers'' and inserting 
                ``not taught by highly qualified teachers and not 
                taught by effective teachers'';
                    (B) in paragraph (2)(B)--
                            (i) in clause (i)--
                                    (I) in subclause (I), by striking 
                                ``and'' after the semicolon; and
                                    (II) by adding at the end the 
                                following:
                                    ``(III) the percentage of highly 
                                qualified teachers and the percentage 
                                of effective teachers; and''; and
                            (ii) in clause (ii)--
                                    (I) in subclause (I), by striking 
                                ``and'' after the semicolon;
                                    (II) in subclause (II), by striking 
                                the period and inserting ``; and''; and
                                    (III) by adding at the end the 
                                following:
                                    ``(III) the percentage of highly 
                                qualified teachers and the percentage 
                                of effective teachers.'';
                    (C) in paragraph (4)(G), by striking ``highly 
                qualified teachers'' and inserting ``highly qualified 
                teachers and effective teachers''; and
                    (D) by striking paragraph (6) and inserting the 
                following:
            ``(6) Parent's right-to-know.--At the beginning of each 
        school year, a local educational agency that receives funds 
        under this part shall automatically, regardless of any specific 
        request by a parent, provide, in a timely manner, and in a 
        fully accessible and understandable format, the parents of each 
        student attending any school receiving funds under this part, 
        with information regarding the professional qualifications of 
        the teachers who teach at their child's school, including, at a 
        minimum--
                    ``(A) timely notice that the parent's child has 
                been assigned to, or had access to, a highly qualified 
                teacher for 4 or more consecutive weeks, and in the 
                case where the child has not had a highly qualified 
                teacher for 4 or more weeks, notice of who shall be 
                responsible for supervising the teacher;
                    ``(B) whether the student's teacher--
                            ``(i) has fully met State certification and 
                        licensing criteria for the grade levels and 
                        subject areas in which the teacher provides 
                        instruction; and
                            ``(ii) has, if applicable, fully met State 
                        certification and licensing criteria to work 
                        with students who are children with 
                        disabilities and students who are limited 
                        English proficient;
                    ``(C) whether the student's teacher is teaching 
                under emergency, intern, or other provisional status 
                through which full State certification or licensing 
                criteria have been waived or otherwise excused, and if 
                so, who shall be responsible for supervising the 
                teacher;
                    ``(D) whether the student is being provided 
                services by a paraprofessional and, if so, a 
                description of those services and the 
                paraprofessional's qualifications;
                    ``(E) the number and percent of teachers who are 
                highly qualified, and the number and percent of 
                teachers who are effective, within the student's school 
                as compared to--
                            ``(i) the average number and percent of 
                        teachers who are highly qualified, and the 
                        average number and percent of teachers who are 
                        effective--
                                    ``(I) within the same local 
                                educational agency; and
                                    ``(II) within the State;
                            ``(ii) other schools that are eligible to 
                        receive funds under title I; and
                            ``(iii) other schools that are not eligible 
                        to receive funds under title I; and
                    ``(F) information on the level of achievement of 
                the parent's child in each of the State academic 
                assessments as required under this part.''.

SEC. 5. LOCAL EDUCATIONAL AGENCY PLANS.

    Section 1112(c)(1) of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6312(c)(1)) is amended by striking subparagraph (L) and 
inserting the following:
                    ``(L) ensure, through incentives for voluntary 
                transfers, the provision of professional development, 
                recruitment programs, or other effective strategies, 
                that--
                            ``(i) low-income students, minority 
                        students, students who are limited English 
                        proficient, and students who are children with 
                        disabilities are not taught at higher rates 
                        than other students by teachers who are not 
                        highly qualified, out-of-field teachers, 
                        inexperienced teachers, or teachers who have 
                        not less than 3 years of experience and who 
                        have not demonstrated effectiveness as defined 
                        in section 9101; and
                            ``(ii) low-income students, minority 
                        students, students who are limited English 
                        proficient, and students who are children with 
                        disabilities are taught by highly qualified and 
                        effective teachers at similar rates and ratios 
                        as other students;''.

SEC. 6. QUALIFICATIONS FOR TEACHERS AND PARAPROFESSIONALS.

    Section 1119(a) of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6319(a)) is amended--
            (1) in paragraph (2)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``2005-2006'' and inserting ``2013-2014'';
                    (B) by striking subparagraph (A) and inserting the 
                following:
                    ``(A) shall include an annual increase in the 
                percentage of teachers who are either highly qualified 
                or effective and the ratio of effective to highly 
                qualified teachers, at each local educational agency 
                and school, to ensure that all teachers teaching in 
                core academic subjects in each public elementary school 
                and secondary school are highly qualified not later 
                than 3 years after the date of enactment of the 
                Assuring Successful Students through Effective Teaching 
                Act of 2011;''; and
                    (C) in subparagraph (B)--
                            (i) by inserting ``, ongoing evidence-
                        based'' after ``high-quality''; and
                            (ii) by striking ``highly qualified'' and 
                        inserting ``effective'';
            (2) in paragraph (3), by striking ``highly qualified not 
        later than the end of the 2005-2006 school year'' and inserting 
        ``highly qualified not later than 3 years after the date of 
        enactment of the Assuring Successful Students through Effective 
        Teaching Act of 2011''; and
            (3) by adding at the end the following:
            ``(4) Percentage of teachers that are neither highly 
        qualified nor effective.--
                    ``(A) In general.--Each local educational agency 
                receiving assistance under this Act shall ensure that 
                no public school in such agency has a disproportionate 
                percentage of teachers that are neither highly 
                qualified nor effective.
                    ``(B) Definition.--For the purposes of this 
                paragraph, `disproportionate percentage' means a 
                difference of more than 5 percent when such percentage 
                is higher than the percentage of all teachers, as 
                compared to the percentage of all teachers in the State 
                who are not highly qualified.
            ``(5) Supervision.--
                    ``(A) In general.--Each local educational agency 
                receiving assistance under this Act shall ensure that 
                all teachers who are not highly qualified are closely 
                mentored and overseen by an effective mentor teacher 
                who has full certification and has been deemed 
                effective in the subject area taught by the teacher who 
                is not highly qualified.
                    ``(B) Local educational agency support for the 
                supervising teacher.--Such local educational agency 
                shall provide the mentor teacher described in 
                subparagraph (A) with release time from the mentor 
                teacher's other responsibilities and training in how to 
                mentor and oversee a teacher who is not highly 
                qualified.
                    ``(C) Supervision.--Such local educational agency 
                shall ensure that the mentor teacher will, for each 
                teacher who is not highly qualified and is under the 
                mentor teacher's supervision, provide ongoing and 
                regular supervision, support, and structured guidance 
                that includes--
                            ``(i) coaching and classroom observation;
                            ``(ii) review and approval of lesson plans 
                        and assessment plans;
                            ``(iii) opportunities to participate in 
                        collaborative evidence-based professional 
                        development;
                            ``(iv) tracking of the academic progress of 
                        students;
                            ``(v) ensuring that the needs of all 
                        students, including students who are children 
                        with disabilities and students who are limited 
                        English proficient, are being met; and
                            ``(vi) developing skills in engaging 
                        families and the community in support of 
                        students.''.

SEC. 7. CONFORMING AMENDMENTS.

            (1) Section 1114(b)(1) of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 6314(b)(1)) is amended--
                    (A) in subparagraph (C), by striking ``highly 
                qualified teachers'' and inserting ``highly qualified 
                and effective teachers''; and
                    (B) in subparagraph (E), by striking ``high-quality 
                highly qualified teachers'' and inserting ``highly 
                qualified and effective teachers'';
            (2) Section 1115(c)(1)(E) of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 6315(c)(1)(E)) is amended by 
        striking ``highly qualified teachers'' and inserting `` highly 
        qualified and effective teachers'';
            (3) Section 1117(a)(5)(A)(i) of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 6317(a)(5)(A)(i)) is 
        amended by striking ``highly qualified or distinguished'' and 
        inserting ``highly qualified, effective, or distinguished 
        teachers and principals''; and
            (4) Section 1119(l) of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 6319(l)) is amended by 
        striking ``for professional development activities'' through 
        the period at the end and inserting ``for professional 
        development activities to ensure that teachers who are not 
        highly qualified become highly qualified not later than the end 
        of the 2014-2015 school year.''.
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