1.This Act may be cited as
the Assuring Successful Students
through Effective Teaching Act of 2011
.
2.
(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.
3.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)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 assessmentThe 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.
.
4.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)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 RequirementsIn 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)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)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.
.
5.Local
Educational Agency PlansSection 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;
.
6.Qualifications
for teachers and paraprofessionalsSection 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)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)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)
(A)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 TeacherSuch 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)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.
.
7.
(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.
.