[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 882 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                 S. 882

 To amend part A of title II of the Elementary and Secondary Education 
                              Act of 1965.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 26, 2015

  Mr. Casey (for himself and Mr. Reed) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To amend part A of title II of the Elementary and Secondary Education 
                              Act of 1965.

    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 ``Better Educator Support and Training 
Act'' or the ``BEST Act''.

SEC. 2. DEVELOPING AND SUPPORTING EFFECTIVE EDUCATORS FOR DISADVANTAGED 
              STUDENTS.

    Part A of title II of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6601 et seq.) is amended to read as follows:

     ``TITLE II--DEVELOPING AND SUPPORTING EFFECTIVE EDUCATORS FOR 
                         DISADVANTAGED STUDENTS

 ``PART A--EDUCATOR EQUITY, PROFESSIONAL DEVELOPMENT, AND RECRUITMENT 
                                  FUND

``SEC. 2101. PURPOSES.

    ``The purposes of this title are to elevate the teaching 
profession, support educators, improve student achievement, and ensure 
equity in the schools and early learning programs of the United States 
by--
            ``(1) increasing the capacity of local educational 
        agencies, schools, teachers, principals, and other educators to 
        provide a well-rounded, engaging, and rigorous education for 
        all students;
            ``(2) improving the quality and effectiveness of teachers, 
        principals, and other educators;
            ``(3) increasing the number of teachers, principals, and 
        other educators who are effective in improving academic 
        achievement;
            ``(4) ensuring that all students, including students who 
        are children with disabilities, English language learners, and 
        low-income and minority students, have equitable access to 
        effective teachers, principals, and other educators;
            ``(5) increasing the capacity of States and local 
        educational agencies to develop and sustain a coherent, 
        comprehensive, and aligned professional continuum for teachers, 
        principals, and other educators that leads to accomplished 
        practice, leadership opportunities, and increased student 
        learning; and
            ``(6) enhancing the knowledge of elementary school 
        teachers, principals, and other educators in--
                    ``(A) early childhood development and learning;
                    ``(B) building ongoing relationships with early 
                childhood education programs; and
                    ``(C) creating a continuum of developmentally 
                appropriate and effective learning.

``SEC. 2102. DEFINITIONS.

    ``In this part:
            ``(1) Classroom practice.--The term `classroom practice' 
        means evidence of practice gathered from a classroom through 
        multiple measures, including the demonstration of effective 
        teaching skills, including overall student performance and 
        performance by the groups described in section 
        1111(b)(2)(C)(v)(II), and some or all of the following:
                    ``(A) Classroom observations based on rigorous 
                teacher performance standards or rubrics.
                    ``(B) Student work products and performance.
                    ``(C) Student data, including attendance and rates 
                of discipline.
                    ``(D) Teacher portfolios.
                    ``(E) Lesson plans.
                    ``(F) Information on the extent to which the 
                teacher collaborates and develops knowledge and skills 
                with other teachers and instructional staff.
                    ``(G) Information on the teacher's use of evidence-
                based practices in the classroom.
                    ``(H) Evidence of the teacher's collection, 
                analysis, and use of student data to inform 
                instructional and management decisions.
                    ``(I) Indicators of professional growth across a 
                career continuum.
                    ``(J) Parent, student, and peer feedback.
                    ``(K) Peer and self assessment and reflection.
            ``(2) Educator.--The term `educator' means--
                    ``(A) a teacher (including a special education 
                teacher), principal, or specialized instructional 
                support personnel of a preschool, early childhood 
                education program, kindergarten, elementary school, or 
                secondary school; or
                    ``(B) another staff member of a preschool, early 
                childhood education program, kindergarten, elementary 
                school, or secondary school who provides or directly 
                supports instruction, such as a school librarian, 
                counselor, or highly qualified paraprofessional or 
                other early childhood instructional staff members.
            ``(3) Effective educator.--The term `effective educator' 
        means an educator who is rated as effective or higher, as 
        determined by a State or locally approved professional growth 
        and improvement system.
            ``(4) English language learner.--The term `English language 
        learner' means an individual who is limited English proficient, 
        as defined in section 9101.
            ``(5) Induction program.--The term `induction program' 
        means a formalized program for new teachers, principals, and 
        other educators during not less than the first 2 years of 
        teaching or leading a school that is designed to provide 
        support for, improve the professional performance and 
        effectiveness of, and advance the retention of, beginning 
        teachers, principals, or other educators. Such program shall 
        promote effective teaching and leadership skills and shall 
        include the following components:
                    ``(A) High-quality mentoring, which may include--
                            ``(i) the ability to continue teaching 
                        full-time;
                            ``(ii) the ability to return to the 
                        classroom full-time after a period of 
                        mentorship; and
                            ``(iii) additional leadership opportunities 
                        for experienced mentors.
                    ``(B)(i) Frequent, structured time for 
                collaboration and classroom observation opportunities 
                with teachers in the same department, field, grade, or 
                subject area including mentor teachers; and
                    ``(ii) time for information sharing among teachers, 
                principals, administrators, other appropriate 
                educators, and participating faculty of an institution 
                of higher education that meets the requirements of 
                subparagraphs (A) and (B) of section 200(17) of the 
                Higher Education Act of 1965 (20 U.S.C. 1021(17)).
                    ``(C) The application of evidence-based research 
                and practice on instructional practices and school 
                climate.
                    ``(D) Opportunities for new teachers and principals 
                to draw directly on the expertise of mentors, faculty, 
                local educational agency personnel, and researchers to 
                support the integration of evidence-based research and 
                practice, which may include release time for beginning 
                teachers to participate in professional development 
                opportunities with their mentors, other experienced 
                teachers, and peers.
                    ``(E) The development, through evidence-based 
                practices, of skills and knowledge in areas needed for 
                new educators, including content knowledge and 
                pedagogy, classroom management, instructional and 
                behavioral interventions, formative assessment of 
                student learning, and the analysis and use of student 
                assessment data to improve instruction.
                    ``(F) Faculty who--
                            ``(i) model the integration of research and 
                        practice in the classroom;
                            ``(ii) assist new teachers, principals, and 
                        other educators with the effective use and 
                        integration of technology in instruction; and
                            ``(iii) demonstrate the content knowledge 
                        and pedagogical skills necessary to be 
                        effective in advancing student learning.
                    ``(G) Interdisciplinary collaboration among 
                exemplary teachers, principals, other educators, 
                researchers, and other staff who prepare new teachers, 
                principals, and other educators with respect to the 
                learning process and the assessment of learning.
                    ``(H) Assistance with the understanding of data, 
                particularly student achievement data, and the 
                application of such data in classroom instruction.
                    ``(I) The development of professional growth and 
                improvement systems for new teachers, using valid and 
                reliable measures of teaching and leadership skills.
                    ``(J) Improving the school culture and climate 
                related to school leadership and the role of the 
                principal, including to--
                            ``(i) nurture teacher and staff development 
                        to strengthen classroom practice;
                            ``(ii) build and sustain a culture of 
                        learning among adults and children;
                            ``(iii) strengthen communications and 
                        relationships with parents, caregivers, and 
                        community stakeholders;
                            ``(iv) facilitate the sharing of knowledge, 
                        insight, and best practices in the community 
                        served by the school, preschool program, or 
                        early childhood education program; and
                            ``(v) build relationships and communicate 
                        effectively with State and local educational 
                        agency officials.
            ``(6) Mentor teacher.--The term `mentor teacher' means a 
        teacher who--
                    ``(A) is a profession ready teacher;
                    ``(B) has a minimum of 3 years of teaching 
                experience;
                    ``(C) is an effective educator; and
                    ``(D) is identified by other teachers, principals, 
                or other educators, and subject to a quality selection 
                process, on the basis of--
                            ``(i) exemplary classroom practice;
                            ``(ii) increased student learning; and
                            ``(iii) excellent communication skills and 
                        demonstrated ability to work with adult 
                        learners.
            ``(7) Professional growth and improvement system.--The term 
        `professional growth and improvement system' means a system 
        that--
                    ``(A) provides clear, timely, and useful feedback 
                that identifies needs and guides professional 
                development for educators; and
                    ``(B) includes formative and summative feedback on 
                educator performance based on evidence of student 
                learning, and either evidence of classroom practice or 
                leadership skills as applicable.
            ``(8) Profession ready.--The term `profession ready'--
                    ``(A) when used with respect to a principal, means 
                a principal who--
                            ``(i) has an advanced degree, or other 
                        appropriate credential;
                            ``(ii) has completed a principal 
                        preparation process and is fully certified and 
                        licensed by the State in which the principal is 
                        employed;
                            ``(iii) has demonstrated instructional 
                        leadership, including the ability to collect, 
                        analyze, and utilize data on evidence of 
                        student learning and evidence of classroom 
                        practice; and
                            ``(iv) has demonstrated proficiency in 
                        professionally recognized leadership standards, 
                        such as through--
                                    ``(I) a performance assessment;
                                    ``(II) completion of a residency 
                                program; or
                                    ``(III) other measures of 
                                leadership, as determined by the State;
                    ``(B) when used with respect to a teacher, means a 
                teacher who--
                            ``(i) has completed a teacher preparation 
                        program and is fully certified and licensed to 
                        teach by the State in which the teacher 
                        teaches;
                            ``(ii) has demonstrated content knowledge 
                        in the subject or subjects the teacher teaches; 
                        and
                            ``(iii) has demonstrated teaching skills, 
                        such as through--
                                    ``(I) a teacher performance 
                                assessment; or
                                    ``(II) other measures of teaching 
                                skills, as determined by the State; and
                    ``(C) when used with respect to any other educator 
                not described in subparagraph (A) or (B), means an 
                educator who has completed an appropriate preparation 
                program and is fully certified or licensed by the State 
                in which the educator is employed.
            ``(9) Residency program.--The term `residency program' 
        means a school-based educator preparation program in which a 
        prospective educator who is not the educator of record--
                    ``(A) for 1 academic year, teaches or, in the case 
                of a principal or other educator, works, alongside a 
                mentor teacher, principal, or other educator;
                    ``(B) receives concurrent instruction during the 
                year described in subparagraph (A) from an institution 
                of higher education that meets the requirements of 
                subparagraphs (A) and (B) of section 200(17) of the 
                Higher Education Act of 1965 (20 U.S.C. 1021(17)), 
                which instruction may be taught by local educational 
                agency personnel or residency program faculty, in--
                            ``(i) the teaching of the content area in 
                        which the prospective educator will become 
                        certified or licensed;
                            ``(ii) pedagogical practices, classroom 
                        management, and school climate;
                            ``(iii) for prospective principals, 
                        leadership, management, organizational, and 
                        instructional skills necessary to serve as a 
                        principal; and
                            ``(iv) effective teaching or leadership 
                        skills; and
                    ``(C) prior to completion of the program, earns a 
                master's degree or other appropriate advanced 
                credential and attains full State certification or 
                licensure as a teacher or educator.
            ``(10) Student learning.--The term `student learning' means 
        multiple measures of student learning that shall include the 
        following:
                    ``(A) Valid and reliable student assessment data, 
                which may include data--
                            ``(i) based on--
                                    ``(I) student learning gains on 
                                State student academic assessments 
                                under section 1111(b)(3) and, as 
                                applicable, the State early learning 
                                and development standards for at least 
                                the year prior to kindergarten entry; 
                                and
                                    ``(II) student academic achievement 
                                assessments used at the national, 
                                State, or local educational agency 
                                levels, where available and appropriate 
                                for the curriculum and students taught;
                            ``(ii) from classroom-based formative 
                        assessments;
                            ``(iii) from classroom-based summative 
                        assessments; or
                            ``(iv) from objective performance-based 
                        assessments.
                    ``(B) Not less than 1 of the following additional 
                measures:
                            ``(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) Student feedback about learning and 
                        teaching supports.
                            ``(v) Student data including attendance and 
                        rates of discipline.
                            ``(vi) Other appropriate measures, as 
                        determined by the State.
            ``(11) Teacher performance assessment.--The term `teacher 
        performance assessment' means a pre-service assessment used to 
        measure whether a teacher is profession ready that is approved 
        by the State and is--
                    ``(A) based on professional teaching standards;
                    ``(B) used to measure 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;
                            ``(iii) assessment of students, including 
                        analysis of evidence of student learning;
                            ``(iv) ability to advance student learning;
                            ``(v) reframing of teaching based on 
                        assessment of student learning, when 
                        appropriate;
                            ``(vi) sensitivity to the culture and 
                        community in which the teacher teaches; and
                            ``(vii) ability to contribute to a positive 
                        school climate;
                    ``(C) validated based on professional assessment 
                standards;
                    ``(D) reliably scored by trained evaluators, who 
                are or who have been educators, with appropriate 
                oversight of the process to ensure consistency; and
                    ``(E) used to support continuous improvement of 
                educator practice.
            ``(12) Teaching skills.--The term `teaching skills' means 
        skills that enable a teacher to--
                    ``(A) increase student learning 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 evidence-based 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 
                        students who are children with disabilities, 
                        English language learners, 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 
                        students who have 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(d) 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;
                    ``(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.
            ``(13) Child.--The term `child' means any individual within 
        the age limits for which the State provides free public 
        education or a public early childhood education program.

``SEC. 2103. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There are authorized to be appropriated to carry 
out this part--
            ``(1) $3,300,000,000 for fiscal year 2016;
            ``(2) $3,600,000,000 for fiscal year 2017;
            ``(3) $3,900,000,000 for fiscal year 2018;
            ``(4) $4,200,000,000 for fiscal year 2019;
            ``(5) $4,500,000,000 for fiscal year 2020; and
            ``(6) $4,800,000,000 for fiscal year 2021.
    ``(b) Use of Appropriated Funds.--From the amount appropriated to 
carry out this part for a fiscal year, the Secretary shall--
            ``(1) reserve for national activities under section 2151--
                    ``(A) for any year in which the amount appropriated 
                is $3,300,000,000 or less, not more than 2 percent of 
                the appropriated amount; or
                    ``(B) for any year in which the amount appropriated 
                is greater than $3,300,000,000, not more than 2.3 
                percent of the appropriated amount; and
            ``(2) use the amount remaining after the reservation 
        described in paragraph (1) to award allotments to States under 
        subpart 1.

                     ``Subpart 1--Grants to States

``SEC. 2111. ALLOTMENTS TO STATES.

    ``(a) In General.--The Secretary shall make grants to States with 
applications approved under section 2112 to pay for the Federal share 
of the cost of carrying out the activities specified in section 2113. 
Each grant shall consist of the allotment determined for a State under 
subsection (b).
    ``(b) Determination of Allotments.--
            ``(1) Reservation of funds.--From the total amount made 
        available under section 2103(b)(2) for a fiscal year, the 
        Secretary shall reserve--
                    ``(A) one-half of 1 percent for allotments for the 
                United States Virgin Islands, Guam, American Samoa, and 
                the Commonwealth of the Northern Mariana Islands, to be 
                distributed among those outlying areas on the basis of 
                their relative need, as determined by the Secretary, in 
                accordance with the purposes of this part; and
                    ``(B) one-half of 1 percent for the Secretary of 
                the Interior for programs under this part in schools 
                operated or funded by the Bureau of Indian Education.
            ``(2) State allotments.--
                    ``(A) Hold harmless.--
                            ``(i) In general.--Subject to subparagraph 
                        (B), from the funds made available under 
                        section 2103(b)(2) for any fiscal year and not 
                        reserved under paragraph (1), the Secretary 
                        shall allot to each of the 50 States, the 
                        District of Columbia, and the Commonwealth of 
                        Puerto Rico an amount equal to the total amount 
                        that such State received for fiscal year 2001 
                        under--
                                    ``(I) section 2202(b) of this Act 
                                (as in effect on the day before the 
                                date of enactment of the No Child Left 
                                Behind Act of 2001); and
                                    ``(II) section 306 of the 
                                Department of Education Appropriations 
                                Act, 2001 (as enacted into law by 
                                section 1(a)(1) of Public Law 106-554).
                            ``(ii) Ratable reduction.--If the funds 
                        described in clause (i) are insufficient to pay 
                        the full amounts that all States are eligible 
                        to receive under such clause for any fiscal 
                        year, the Secretary shall ratably reduce those 
                        amounts for the fiscal year.
                    ``(B) Allotment of additional funds.--
                            ``(i) In general.--Subject to clause (ii), 
                        for any fiscal year for which the funds made 
                        available under section 2103(b)(2) and not 
                        reserved under paragraph (1) exceed the total 
                        amount required to make allotments under 
                        subparagraph (A), the Secretary shall allot to 
                        each of the States described in subparagraph 
                        (A) the sum of--
                                    ``(I) an amount that bears the same 
                                relationship to 35 percent of the 
                                excess amount as the number of 
                                individuals age 5 through 17 in the 
                                State, as determined by the Secretary 
                                on the basis of the most recent 
                                satisfactory data, bears to the number 
                                of those individuals in all such 
                                States, as so determined; and
                                    ``(II) an amount that bears the 
                                same relationship to 65 percent of the 
                                excess amount as the number of 
                                individuals age 5 through 17 from 
                                families with incomes below the poverty 
                                line, in the State, as determined by 
                                the Secretary on the basis of the most 
                                recent satisfactory data, bears to the 
                                number of those individuals in all such 
                                States, as so determined.
                            ``(ii) Exception.--No State receiving an 
                        allotment under clause (i) may receive less 
                        than one-half of 1 percent of the total excess 
                        amount allotted under such clause for a fiscal 
                        year.
            ``(3) Reallotment.--If any State does not apply for an 
        allotment under this subsection for any fiscal year, the 
        Secretary shall reallot the amount of the allotment to the 
        remaining States in accordance with this subsection.
    ``(c) Withholding.--In any fiscal year, if a State does not meet 
the requirements of section 207 of the Higher Education Act of 1965, 
including any requirements described under this part related to such 
section 207, the Secretary shall withhold an amount of the State's 
allotment equal to a portion of the administrative funds that would be 
available to such State under section 2113(a)(4).

``SEC. 2112. STATE APPLICATIONS.

    ``(a) In General.--For a State to be eligible to receive an 
allotment under this subpart, the State educational agency shall 
submit--
            ``(1) an application to the Secretary at such time, in such 
        manner, and containing such information as the Secretary may 
        reasonably require; and
            ``(2) a State educator equity plan described under 
        subsection (c).
    ``(b) Content of Application.--Each application submitted under 
this section shall include the following:
            ``(1) A description of how the activities to be carried out 
        by the State educational agency under this subpart will be 
        evidence-based and an explanation of how the activities provide 
        a comprehensive strategy for addressing teacher, principal, and 
        other educator development and support that will improve 
        student learning.
            ``(2) A State educator equity analysis, which shall be an 
        analysis conducted by the State educational agency of the gaps 
        between all of the school districts in the State for low-income 
        and minority students in--
                    ``(A) access to profession ready educators;
                    ``(B) rates of first and second year teachers;
                    ``(C) access to effective educators, as measured by 
                a State or locally approved professional growth and 
                improvement system, if applicable;
                    ``(D) access to teachers who are certified or 
                licensed to teach the subjects that the teachers have 
                been assigned;
                    ``(E) rates of chronic educator absenteeism;
                    ``(F) actual teacher salaries; and
                    ``(G) student-teacher ratios.
            ``(3) A description of how the State educational agency 
        will ensure that a local educational agency receiving a 
        subgrant under subpart 2, and the State agency for higher 
        education receiving a grant under subpart 3, will comply with 
        the requirements of the applicable subpart.
            ``(4) A description of how the State educational agency 
        will ensure activities assisted under this subpart are aligned 
        with student academic achievement standards that lead to 
        college and career readiness by secondary school graduation.
            ``(5) A description of a State's system of certification or 
        licensing, support, and development for educators, including--
                    ``(A) any clinical experiences provided for 
                prospective educators;
                    ``(B) support for new educators;
                    ``(C) professional development, professional 
                growth, and leadership opportunities;
                    ``(D) compensation systems for teachers, 
                principals, and other educators; and
                    ``(E) how their certification or licensing 
                requirements reflect the specialized knowledge and 
                skills, particularly in child development, needed for 
                teachers of children in the early elementary grades and 
                younger, and elementary school principals.
            ``(6) A description of how the State educational agency 
        will coordinate professional development activities authorized 
        under this subpart with professional development activities 
        provided under other Federal, State, and local programs.
            ``(7) A description of how the State educational agency 
        will encourage the development of evidence-based and innovative 
        strategies to deliver high-quality professional development and 
        induction programs that are both cost-effective and easily 
        accessible, including ensuring that teachers, principals, and 
        other educators are trained in the effective use of technology 
        to support student learning.
            ``(8) A description of how the State educational agency, in 
        collaboration with other agencies that oversee early childhood 
        development and education programs and the State Advisory 
        Council on Early Childhood Education and Care designated or 
        established under 642B of the Head Start Act, will ensure that 
        high-quality, evidence-based professional development 
        activities assisted under this subpart reflect research and 
        best practices across all domains of child development and 
        learning.
            ``(9) A description of how the State educational agency 
        will ensure compliance with the requirements of professional 
        development activities described in section 9101 and how the 
        activities to be carried out under the grant will be developed 
        collaboratively and based on the input of teachers, principals, 
        their representatives, and other educators.
            ``(10) A description of how the State educational agency 
        will increase the diversity of the teaching and leadership 
        pipeline, develop culturally responsive pedagogy, and support 
        the ability of teachers to address the individual learning 
        needs and backgrounds of all students.
            ``(11) A description of how the State educational agency 
        will ensure that activities under this subpart will also 
        provide complementary support for teachers, principals, and 
        other educators who participate in State preschool programs, 
        and how the State educational agency will ensure that such 
        activities are aligned with State early learning and 
        development standards.
            ``(12) An assurance that the State educational agency will 
        comply with section 9501 (regarding participation by private 
        school children and teachers).
    ``(c) State Educator Equity Plan.--Each State desiring an allotment 
under this subpart shall prepare a State educator equality plan, which 
shall be a description of--
            ``(1) how the State educational agency will use State and 
        local funds, and funds under this part, to address gaps 
        identified in the State educator equity analysis described in 
        subsection (b)(2); and
            ``(2) how the State educational agency will support local 
        educational agencies and other publicly funded entities, as 
        appropriate, in meeting such requirements, including public 
        charter schools.

``SEC. 2113. STATE USE OF FUNDS.

    ``(a) In General.--Each State educational agency that receives an 
allotment under this subpart shall use the funds to improve and address 
gaps in educator equity by--
            ``(1) using 95 percent of the allotment to make subgrants 
        to local educational agencies as described in subpart 2;
            ``(2) using not less than 2 percent and not more than 5 
        percent of the allotment to develop and implement a State plan, 
        with appropriate stakeholders and based on the analysis of 
        relevant data, to--
                    ``(A) improve the effectiveness of principals in 
                high-need schools, and at the discretion of the State 
                educational agency, other school leaders within a 
                school building;
                    ``(B) ensure that students from low-income families 
                and minority students have equitable access to 
                profession ready principals, and at the State's 
                discretion, other school leaders who are profession 
                ready within a school building; and
                    ``(C) implement a comprehensive strategy for 
                educator development and support through carrying out 
                the required activities described in subsection (b) and 
                not less than 1 of the permissible activities under 
                subsection (c), which may be carried out through a 
                grant or contract with a nonprofit entity;
            ``(3) from the amount of the allotment not used under 
        paragraphs (1) and (2), using any portion of such amount for 
        activities under subpart 3; and
            ``(4) from the amount of the allotment not used paragraphs 
        (1), (2), and (3), using not more than 1 percent of the 
        allotment for planning and administration related to carrying 
        out activities under subsections (b) and (c) and subpart 3.
    ``(b) Required Activities.--A State educational agency receiving an 
allotment under this subpart shall use the grant funds described in 
subsection (a)(2) to carry out, directly or through grant or contract 
with a nonprofit entity, all of the following:
            ``(1) Fulfilling the State educational agency's 
        responsibilities concerning proper and efficient administration 
        of the programs carried out under this part, including the 
        provision of technical assistance to local educational 
        agencies.
            ``(2) Implementing the State educator equity plan described 
        in section 2112(c).
            ``(3)(A) Applying the requirements of section 207 of the 
        Higher Education Act of 1965 to all teacher preparation 
        programs in the State, including programs operated by 
        institutions of higher education (whether such institutions are 
        public, private, or for-profit), and any other program in the 
        State which provides teacher preparation; and
            ``(B) developing and soliciting public comment on criteria 
        used to assess or identify low-performing teacher preparation 
        programs under section 207 of the Higher Education Act of 1965 
        and making any such criteria publicly available.
            ``(4) In the case of a State educational agency that does 
        not also serve as the State higher education agency, assisting 
        the State higher education agency (if the State higher 
        education agency is not the State educational agency) in 
        conducting the activities described in subpart 3.
    ``(c) Permissible Activities.--A State educational agency receiving 
an allotment under this subpart shall use the grant funds to carry out, 
directly or through grant or contract with a nonprofit entity, 1 or 
more of the following:
            ``(1) Strengthening teacher, principal, and other educator 
        certification (including recertification) or licensing 
        requirements to ensure that--
                    ``(A) all new teachers, principals, and other 
                educators are profession ready prior to becoming the 
                teacher, principal, or educator of record; and
                    ``(B) teachers, principals, and other educators 
                working in the early elementary grades and in preschool 
                and early childhood education programs have the 
                necessary knowledge in child development and learning.
            ``(2) Implementing evidence-based activities that provide 
        support to teachers, principals, and other educators who are 
        new to the profession, such as programs that provide 
        comprehensive, multi-year induction or residency programs for 
        beginning teachers, principals, and other educators.
            ``(3) Implementing evidenced-based programs that establish, 
        expand, or improve alternative routes for State certification 
        or licensure of teachers, principals, and other educators for 
        individuals with demonstrated potential to become effective 
        teachers, principals, and other educators, including efforts to 
        diversify the profession, particularly by including 
        underrepresented individuals, including underrepresentation 
        based on race, ethnicity, or gender.
            ``(4) Developing, improving, and implementing evidence-
        based mechanisms to assist local educational agencies and 
        schools in effectively recruiting and retaining effective 
        teacher, principals, and other educators, which may include 
        additional supports and resources for teachers in high-poverty 
        schools or school districts.
            ``(5) Developing or assisting local educational agencies in 
        developing systems that increase teacher leadership 
        opportunities and career pathways, including compensation above 
        base salaries for effective educators who take on additional 
        roles and responsibilities, which may include--
                    ``(A) providing school-based professional 
                development, mentoring, instructional coaching, peer 
                assessment, or peer review; and
                    ``(B) distributed leadership, including with 
                respect to hiring decisions and curriculum development.
            ``(6) Providing systematic, sustained, targeted, and 
        coherent professional development for all teachers, principals, 
        and other educators that is collaborative and job-embedded.
            ``(7) Encouraging the reciprocity of teacher and principal 
        certification or licensing between or among States, except in 
        cases where it would lead to the weakening of any State 
        teaching or licensing requirement.
            ``(8) Implementing or improving a professional growth and 
        improvement system.
            ``(9) Encouraging and supporting local educational agencies 
        in the training of teachers, principals, and other educators in 
        ways to reduce the use of suspensions and expulsions 
        (especially when resulting in discipline disparities), which 
        could include developing tools such as developmentally, 
        culturally, and linguistically appropriate--
                    ``(A) positive behavioral intervention systems;
                    ``(B) prevention and de-escalation strategies;
                    ``(C) tiered disciplinary systems;
                    ``(D) school climate surveys;
                    ``(E) conflict resolution;
                    ``(F) restorative justice; and
                    ``(G) other evidence-based approaches.
            ``(10) Encouraging the articulation of early education 
        coursework between institutions of higher education to support 
        professional pathways for early education educators within and 
        between States.
            ``(11) Providing or assisting local educational agencies in 
        providing expanded opportunities for teachers to participate in 
        professional enhancement activities through a nationally 
        recognized, standards-based, advanced certificate or 
        credential.
            ``(12) Encouraging a State to align its teacher preparation 
        program approval process with statewide certification and 
        licensing.
            ``(13) Providing feedback on the performance of beginning 
        teachers, principals, and other educators to local educator 
        preparation programs.
            ``(14) Developing high-quality, evidence-based professional 
        development opportunities for superintendents, elementary 
        school principals, teachers, and other educators to--
                    ``(A) gain knowledge of--
                            ``(i) child development and learning for 
                        children from birth through early elementary 
                        grades;
                            ``(ii) developmentally appropriate 
                        practices and curricula, particularly for 
                        cognitive, social, emotional, and physical 
                        development; and
                            ``(iii) developmentally appropriate 
                        assessments for instructional improvement; and
                    ``(B) learn to create collaborations with 
                community-based early childhood education programs or 
                Head Starts and Early Head Start programs that focus on 
                transition activities from early learning to 
                kindergarten or elementary grades, shared expectations 
                for those transitions, family engagement, and other 
                issues as determined appropriate.
    ``(d) Prohibition.--Nothing in this section shall be construed to 
authorize the Secretary or any other officer or employee of the Federal 
Government to direct, control, or prescribe--
            ``(1) any elements of a professional growth and improvement 
        system developed by a State or local educational agency; or
            ``(2) any direction or supervision over an educator 
        evaluation system.
    ``(e) Rule of Construction.--Nothing in this section shall be 
construed to alter or otherwise affect the rights, remedies, and 
procedures afforded to the employees of local educational agencies 
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.

          ``Subpart 2--Subgrants to Local Educational Agencies

``SEC. 2121. ALLOCATIONS.

    ``(a) In General.--The Secretary shall make an allotment to a State 
under subpart 1 only if the State educational agency agrees to 
distribute the funds described in section 2113(a)(1) as subgrants to 
local educational agencies under this subpart in accordance with this 
section.
    ``(b) Hold Harmless.--
            ``(1) In general.--From the funds described under section 
        2113(a)(1), the State educational agency shall allocate to each 
        local educational agency in the State an amount equal to the 
        total amount that such agency received for fiscal year 2001 
        under--
                    ``(A) section 2203(1)(B) (as in effect on the day 
                before the date of enactment of the No Child Left 
                Behind Act of 2001); and
                    ``(B) section 306 of the Department of Education 
                Appropriations Act, 2001 (as enacted into law by 
                section 1(a)(1) of Public Law 106-554).
            ``(2) Nonparticipating agencies.--In the case of a local 
        educational agency that did not receive any funds for fiscal 
        year 2001 under one or both of the provisions referred to in 
        subparagraph (A) or (B) of paragraph (1), the amount allocated 
        to the agency under such subparagraph shall be the total amount 
        that the agency would have received for fiscal year 2001 if the 
        agency had elected to participate in all of the programs for 
        which the agency was eligible under each of the provisions 
        referred to in those subparagraphs.
            ``(3) Ratable reduction.--If the funds described in 
        paragraph (1) are insufficient to pay the full amounts that all 
        local educational agencies in the State are eligible to receive 
        under such paragraph for any fiscal year, the State educational 
        agency shall ratably reduce such amounts for the fiscal year.
    ``(c) Allocation of Additional Funds.--For any fiscal year for 
which the funds described in section 2113(a)(1) exceed the total amount 
required to make allocations under subsection (b), the State 
educational agency shall allocate to each of the eligible local 
educational agencies in the State the sum of--
            ``(1) an amount that bears the same relationship to 20 
        percent of the excess amount as the number of individuals age 5 
        through 17 in the geographic area served by the agency, as 
        determined by the Secretary on the basis of the most recent 
        satisfactory data, bears to the number of those individuals in 
        the geographic areas served by all the local educational 
        agencies in the State, as so determined; and
            ``(2) an amount that bears the same relationship to 80 
        percent of the excess amount as the number of individuals age 5 
        through 17 from families with incomes below the poverty line in 
        the geographic area served by the agency, as determined by the 
        Secretary on the basis of the most recent satisfactory data, 
        bears to the number of those individuals in the geographic 
        areas served by all the local educational agencies in the 
        State, as so determined.

``SEC. 2122. LOCAL APPLICATION AND NEEDS ASSESSMENT.

    ``(a) In General.--To be eligible to receive a subgrant under this 
subpart, a local educational agency shall--
            ``(1) prior to applying for the subgrant, conduct a data 
        analysis of each school, and if applicable, early learning 
        program, served by the local educational agency, based on data 
        and information collected from student learning, classroom 
        practice, and the State's longitudinal data system, in order 
        to--
                    ``(A) determine school-by-school gaps for low-
                income and minority students with respect to--
                            ``(i) access to profession ready educators;
                            ``(ii) rates of first and second year 
                        teachers;
                            ``(iii) access to effective educators, as 
                        measured by a State or locally approved 
                        professional growth and improvement system;
                            ``(iv) access to teachers assigned to teach 
                        in the area for which the teachers are licensed 
                        or certified;
                            ``(v) rates of chronic educator 
                        absenteeism;
                            ``(vi) actual teacher salaries; and
                            ``(vii) student-teacher ratios;
                    ``(B) determine which schools and programs have the 
                most critical teacher, principal, and other educator 
                quality, effectiveness, and professional development 
                needs; and
                    ``(C) identify the specific needs regarding the 
                quality, effectiveness, and professional development 
                needs of the school or early learning program's 
                teachers, principals, and other educators, including 
                with respect to instruction provided--
                            ``(i) for individual student subgroups 
                        (including students who are children with 
                        disabilities and English language learners);
                            ``(ii) specific grade levels, including 
                        early childhood education if applicable; and
                            ``(iii) content areas;
            ``(2) submit an application described in subsection (b) to 
        the State educational agency at such time, in such manner, and 
        containing such information as the State educational agency may 
        reasonably require; and
            ``(3) submit an educator equity plan, as described in 
        subsection (d).
    ``(b) Contents.--Each application to a State educational agency 
shall include the following:
            ``(1) A description of how the local educational agency 
        will address the gaps identified in subsection (a)(1) and 
        assist schools and programs identified with the greatest need, 
        according to such subjection.
            ``(2) A description of how the local educational agency 
        will ensure that activities funded under the subgrant are 
        integrated and aligned pursuant to subsection (c) to provide a 
        comprehensive strategy for teacher, principal, and other 
        educator development and support.
            ``(3) A description of how the local educational agency 
        will use subgrant funds to target and support the schools and 
        programs identified with the greatest need, pursuant to 
        subsection (a)(1), before using funds for other schools.
            ``(4) A description of how the local educational agency 
        will enable effective inclusion of all students, including 
        students who are children with disabilities and English 
        language learners through utilization by the teachers, 
        principals, and other educators of the local educational agency 
        of--
                    ``(A) multi-tiered system of supports;
                    ``(B) response to intervention;
                    ``(C) positive behavioral supports;
                    ``(D) school climate surveys;
                    ``(E) differentiated instruction;
                    ``(F) universal design for learning;
                    ``(G) appropriate accommodations for instruction 
                and assessments;
                    ``(H) social and emotional learning competencies;
                    ``(I) collaboration skills;
                    ``(J) skill in effectively participating in 
                individualized education program meetings required 
                under section 614 of the Individuals with Disabilities 
                Education Act;
                    ``(K) evidence-based strategies to meet the 
                linguistic and academic needs of English language 
                learners; and
                    ``(L) effective transitions of children enrolled in 
                preschool programs, including those receiving services 
                under section 619 or part B of the Individuals with 
                Disabilities Education Act.
            ``(5) A description of how the local educational agency 
        will assist schools and early learning programs in utilizing 
        real-time student learning data, based on changes in student 
        learning and classroom practice, to inform instruction and 
        target professional development for teachers, principals, and 
        other educators.
            ``(6) 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 
        residency and induction programs, and strengthen professional 
        development.
            ``(7) A description of how the local educational agency 
        will train teachers, principals, and other educators in ways to 
        reduce the use of suspensions and expulsions (especially when 
        resulting in discipline disparities), which could include 
        developing tools such as developmentally, culturally, and 
        linguistically appropriate--
                    ``(A) positive behavioral intervention systems;
                    ``(B) prevention and deescalation strategies;
                    ``(C) tiered disciplinary systems;
                    ``(D) conflict resolution;
                    ``(E) restorative justice;
                    ``(F) school climate surveys; and
                    ``(G) other evidence-based approaches.
            ``(8) A description of how the local educational agency 
        will train elementary school teachers, principals, and other 
        educators to understand and implement effective, 
        developmentally appropriate curricula and instructional 
        assessment practices for children in early elementary grades 
        and early childhood education programs in all domains of 
        learning and development.
            ``(9) A description of how the local educational agency 
        will ensure that activities under this subpart will also 
        provide complementary support for teachers, principals, and 
        other educators who participate in State preschool programs, 
        and how the local educational agency will ensure that such 
        activities are aligned with State early learning and 
        development standards.
    ``(c) Joint Development and Submission.--
            ``(1) In general.--A local educational agency shall--
                    ``(A) jointly develop the data analysis framework 
                required under subsection (a)(1) and the application 
                under subsection (b) (except for the requirements of 
                subsection (b)(3)) with local organizations 
                representing the teachers, principals, and other 
                educators in the local educational agency, and the 
                community-based organizations representing parents and 
                students served by the local educational agency 
                (including, where applicable, local civil rights 
                groups); and
                    ``(B) submit the application and data analysis in 
                partnership with such community-based organizations.
            ``(2) 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 paragraph (1) if the application includes 
        documentation of the local educational agency's extensive 
        attempt to work jointly with local teacher, principal, 
        educator, and community-based organizations, and the community 
        being served.
    ``(d) Educator Equity Plan.--Each local educational agency desiring 
an allocation under this subpart shall provide a description of how the 
local educational agency will use State and local funds, in addition to 
funds, provided under this subpart, to address gaps identified in the 
data analysis described in subsection (a)(1) and assist programs 
identified with the greatest need under subsection (a)(1)(B).

``SEC. 2123. LOCAL USE OF FUNDS.

    ``(a) In General.--A local educational agency that receives a grant 
under this subpart shall use the funds to improve and address gaps in 
educator equity and target assistance to schools identified with the 
greatest need, as identified by the data analysis required under 
section 2122(a)(1), by implementing a comprehensive strategy for 
educator development and support through implementing all of the 
required activities described in subsection (b) and not less than 1 of 
the permissible activities described in subsection (c).
    ``(b) Required Activities.--A local educational agency receiving an 
allocation under this subpart shall use the allocation to carry out all 
of the following:
            ``(1) Addressing gaps in access, as identified by the data 
        analysis described in section 2122(a)(1).
            ``(2) Targeting assistance to schools identified with the 
        greatest need, as identified by such data analysis.
            ``(3) Implementing evidence-based activities that provide 
        support to teachers, principals, and other educators who are 
        new to the profession, such as programs that provide 
        comprehensive, multi-year induction programs for beginning 
        teachers, principals, and other educators.
            ``(4) Providing systematic, sustained, targeted, and 
        coherent professional development for all teachers, principals, 
        and other educators that is collaborative, developmentally 
        appropriate for grade levels taught, job-embedded, and 
        differentiated according to specific job responsibilities in 
        the school building.
            ``(5) Providing feedback on the performance of beginning 
        teachers, principals, and other educators to local educator 
        preparation programs.
            ``(6) Developing and implementing a professional growth and 
        improvement system.
    ``(c) Permissible Activities.--A local educational agency receiving 
an allocation under this subpart shall use the allocation to carry out 
1 or more of the following:
            ``(1) Developing systems that increase teacher leadership 
        opportunities and career pathways, including compensation above 
        base salaries for effective educators who take on new roles in 
        providing school-based professional development, mentoring, 
        instructional coaching, and shared decisionmaking, including 
        hiring and curriculum development.
            ``(2) Recruitment of profession ready teachers and 
        principals, particularly underrepresented individuals who 
        demonstrate strong potential to become effective educators.
            ``(3) Reducing class size by an amount and to a level 
        consistent with what evidence-based research has found to 
        improve student learning.
            ``(4) Developing or implementing rigorous entrance 
        examinations into the teacher, principal, or other educator 
        profession, such as teacher performance assessments that are 
        aligned with challenging State academic content and student 
        academic achievement standards under section 1111(b)(1) that 
        evaluate content knowledge and other competencies that lead to 
        increased student learning.
            ``(5) Encouraging and supporting schools in the training of 
        teachers, principals, and other educators in ways to reduce the 
        use of suspensions and expulsions, (especially when resulting 
        in discipline disparities), which may include developing tools 
        such as developmentally, culturally, and linguistically 
        appropriate--
                    ``(A) positive behavioral intervention systems;
                    ``(B) prevention and deescalation strategies;
                    ``(C) tiered disciplinary systems;
                    ``(D) conflict resolution;
                    ``(E) restorative justice;
                    ``(F) school climate surveys; and
                    ``(G) other evidence-based approaches.
            ``(6) Training and support for supervisors of teachers and 
        principals in effectively evaluating, observing, providing 
        feedback, and targeting support to build the capacity of the 
        teachers and principals they are supervising.
            ``(7) Providing joint professional learning activities for 
        preschool teachers in community-based settings and elementary 
        school staff, especially kindergarten teachers, in order to 
        improve transitions for students and families.
            ``(8) Developing or strengthening partnerships with 1 or 
        more local teacher and principal preparation programs that 
        ensure that each preparation program includes--
                    ``(A) clinical experiences consistent with section 
                202(d)(2) of the Higher Education Act of 1965;
                    ``(B) residency programs;
                    ``(C) models of accomplished practice; and
                    ``(D) clinical instructors with exemplary teaching 
                skills.
            ``(9) Expanding opportunities for teachers to participate 
        in professional enhancement activities through a nationally 
        recognized standards-based advanced certificate or advanced 
        credential.
            ``(10) Developing high-quality, evidence-based professional 
        development opportunities for elementary school principals, 
        administrators, teachers, and other educators to--
                    ``(A) gain knowledge of--
                            ``(i) child development and learning for 
                        children from ages birth through early 
                        elementary grades; and
                            ``(ii) developmentally appropriate 
                        practices and curricula, particularly for 
                        cognitive, social, emotional, and physical 
                        development; and developmentally appropriate 
                        assessments for instructional improvement; and
                    ``(B) learn to create collaborations with 
                community-based early childhood education programs or 
                Head Start and Early Head Start programs that focus on 
                transition activities from early learning to 
                kindergarten or elementary grades, shared expectations 
                for those transitions, family engagement, and other 
                issues as determined appropriate by the local 
                educational agency or State, as appropriate.
    ``(d) Integration and Alignment.--The strategy described in 
subsection (a) shall--
            ``(1) integrate and align all of the activities described 
        in such subsection;
            ``(2) be aligned with the State's school improvement 
        efforts under sections 1116 and 1117; and
            ``(3) 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.
    ``(e) 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;
                    ``(H) an early learning provider; or
                    ``(I) another nonprofit entity with experience in 
                helping schools and early learning programs improve 
                student learning.
    ``(f) Prohibition.--Nothing in this section shall be construed to 
authorize the Secretary or any other officer or employee of the Federal 
Government to prescribe--
            ``(1) any elements of a professional growth and improvement 
        system developed by a State or local educational agency; and
            ``(2) any direction or supervision over an educator 
        evaluation system.
    ``(g) Rule of Construction.--Nothing in this section shall be 
construed to alter or otherwise affect the rights, remedies, and 
procedures afforded to the employees of local educational agencies 
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.

   ``Subpart 3--State Educational Agency or State Agency for Higher 
                            Education Grants

``SEC. 2131. GRANTS AND SUBGRANTS.

    ``(a) In General.--The State agency for higher education for a 
State that receives an allotment under subpart 1, working in 
conjunction with the State educational agency (if such agencies are 
separate), shall use the funds provided under section 2113(a)(3) to 
carry out activities described in section 2132, either directly or 
through subgrants to eligible entities, as described in this subpart.
    ``(b) Distribution.--In making subgrants to eligible entities under 
this subpart, the State agency for higher education shall ensure that 
such subgrants are equitably distributed by geographic area within the 
State.
    ``(c) Subgrant Applications.--An eligible entity desiring a 
subgrant under this section from a State agency for higher education 
that elects to carry out the requirements of this subpart through such 
subgrants shall submit an application to the State agency for higher 
education at such time, in such manner, and containing such information 
as the State agency may require.

``SEC. 2132. USE OF FUNDS AND WITHHOLDING.

    ``(a) Required Uses of Funds.--In using the funds reserved under 
section 2113(a)(3), the State agency for higher education shall, 
directly or through subgrants to eligible entities as described in 
section 2131, use such funds for all of the following activities:
            ``(1) Providing technical assistance to or closing low-
        performing teacher preparation programs, as identified under 
        section 207 of the Higher Education Act of 1965, by--
                    ``(A) assisting each teacher preparation program in 
                the State that are at risk of being identified as low 
                performing, or have been identified as low performing, 
                under such section, through--
                            ``(i) technical assistance designed to 
                        identify the reasons such program is at risk of 
                        being identified, or has been identified, as 
                        low performing;
                            ``(ii) the development of an improvement 
                        plan to address the reasons identified under 
                        clause (i);
                            ``(iii) technical assistance to implement 
                        the plan described under clause (ii); and
                            ``(iv) other such assistance that responds 
                        to the reasons for such identification; and
                    ``(B) if a program described in subparagraph (A) is 
                identified as low-performing after such technical 
                assistance and a period of time for program improvement 
                (as determined by the State), terminating the 
                eligibility of such a program as described in section 
                207 of the Higher Education Act of 1965 or if the State 
                agency for higher education does not oversee such 
                program, assisting such other State agency in 
                terminating such eligibility.
            ``(2) Developing a system for assessing the quality and 
        effectiveness of professional development offered throughout 
        the State (in conjunction with the appropriate State agency, if 
        an agency other than the State agency for higher education is 
        responsible for professional development of teachers in such 
        State).
    ``(b) Allowable Uses of Funds.--In using the funds provided under 
section 2113(a)(3), the State agency for higher education may, directly 
or through subgrants to eligible entities, use such funds for any of 
the following activities:
            ``(1) Developing and implementing a valid, reliable, and 
        rigorous teacher performance assessment for entry into the 
        teacher, principal or other educator profession.
            ``(2) Developing and implementing a valid and reliable 
        principal performance assessment based on the following 
        factors:
                    ``(A) Student growth and achievement.
                    ``(B) School planning and progress.
                    ``(C) School culture.
                    ``(D) Stakeholder support and engagement.
                    ``(E) Professional qualities and practices.
                    ``(F) Professional growth and learning.
            ``(3) Providing systematic, sustained, targeted, and 
        coherent professional development for all teachers, principals, 
        and other educators that is collaborative, job-embedded, and 
        developmentally appropriate for grade levels taught.
            ``(4) Developing and providing assistance to local 
        educational agencies and individuals who are teachers, 
        principals, and other educators for sustained, high-quality, 
        evidence-based professional development activities.
            ``(5) Carrying out evidence-based activities that provide 
        support to teachers, principals, and educators that are new to 
        the profession, such as programs that provide comprehensive, 
        multi-year induction or residency programs for beginning 
        teachers, principals, and other educators.
            ``(6) Developing partnerships between 1 or more local 
        educational agencies, 1 or more schools served by such local 
        educational agencies, and 1 or more institutions of higher 
        education for the purpose of improving teaching and learning at 
        low-achieving schools.
            ``(7) Training and supporting supervisors of teachers, 
        principals, and other educators in effectively evaluating, 
        observing, providing feedback, and targeting support to build 
        the capacity of the teachers, principals, and other educators 
        that they are supervising.
    ``(c) Rule of Construction.--Nothing in this subpart shall be 
construed to alter or otherwise affect the rights, remedies, and 
procedures afforded to the employees of local educational agencies 
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.
    ``(d) Definition of Eligible Entity.--In this subpart, the term 
`eligible entity' means--
            ``(1) an institution of higher education, as defined in 
        section 101(a) of the Higher Education Act of 1965;
            ``(2) a local educational agency;
            ``(3) a school or college of education;
            ``(4) a nonprofit organization; or
            ``(5) a partnership of any of the entities described in 
        paragraphs (1) through (4).

                      ``Subpart 4--Accountability

``SEC. 2141. ACCOUNTABILITY AND REPORTING.

    ``(a) State Report.--Each State that receives a grant under subpart 
1 shall annually submit to the Secretary, in a manner prescribed by the 
Secretary, and make public, a State report on program performance and 
results under such grant. Such State report shall provide the following 
information:
            ``(1) A report on uses of program funds, including ways 
        funds were used to elevate the profession, ensure equity, 
        support educators, and improve student achievement.
            ``(2) An educator equity report that shows demonstrated 
        progress toward greater educator equity by local educational 
        agency, as measured by--
                    ``(A) access to profession ready educators;
                    ``(B) rates of first and second year teachers;
                    ``(C) access to effective educators, as measured by 
                a State or locally approved professional growth and 
                improvement system, if applicable;
                    ``(D) rates of chronic educator absenteeism;
                    ``(E) access to teachers assigned within their 
                license area;
                    ``(F) actual teacher salaries; and
                    ``(G) student-teacher ratios.
            ``(3) A report on the demographic makeup of teachers, 
        principals, and other educators within a State.
    ``(b) Withholding.--If a State does not demonstrate progress on its 
educator equity report, as described in subsection (a)(2), for 3 
consecutive academic years, the Secretary shall reserve the right to 
withhold a portion of the administrative funds that would be available 
to such State under section 2113(a)(4).
    ``(c) Local Educational Agency Report.--Each local educational 
agency that receives a subgrant under subpart 2 shall annually submit 
to the State, in a manner prescribed by the State, and make public, a 
local educational agency report on program performance and results 
under such subgrant. Such local educational agency report shall provide 
the following information:
            ``(1) A report on the uses of program funds provided under 
        such subpart, including ways funds were used to elevate the 
        profession, ensure equity, support educators, and improve 
        student learning.
            ``(2) An educator equity report that shows demonstrated 
        progress toward educator equity by school, as measured by--
                    ``(A) access to profession ready educators;
                    ``(B) rates of first and second year teachers;
                    ``(C) access to effective educators, as measured by 
                a State or locally approved professional growth and 
                improvement system, if applicable;
                    ``(D) rates of chronic educator absenteeism;
                    ``(E) access to teachers assigned within their 
                license area;
                    ``(F) actual teacher salaries; and
                    ``(G) student-teacher ratios.
            ``(3) A report on evidence of increased student learning 
        for the schools and early learning programs with the greatest 
        need targeted for assistance within a local educational agency.
            ``(4) A report on evidence of increased student learning 
        for all schools and early learning programs within a local 
        educational agency.
            ``(5) A report on the demographics of the teachers, 
        principals, and other educators employed by the local 
        educational agency.
    ``(d) FERPA Compliance.--Each State and local educational agency 
that submits a report under this section shall collect, report, and 
disseminate information contained in such report in compliance with 
section 444 of the General Education Provisions Act (20 U.S.C. 1232g, 
commonly known as the `Family Educational Rights and Privacy Act of 
1974').
    ``(e) Teacher and Principal Privacy.--No State or local educational 
agency shall publicly report information under this section that 
reveals personally identifiable information about an individual teacher 
or principal.

                    ``Subpart 5--National Activities

``SEC. 2151. NATIONAL ACTIVITIES.

    ``(a) Definition of High-Need Local Educational Agency.--In this 
section, the term `high-need local educational agency' means a local 
educational agency--
            ``(1)(A) that serves not fewer than 10,000 children from 
        families with incomes below the poverty line; or
            ``(B) for which not less than 20 percent of the children 
        served by the agency are from families with incomes below the 
        poverty line; and
            ``(2)(A) for which there is a high percentage of teachers 
        not teaching in the academic subjects or grade levels that the 
        teachers were trained to teach; or
            ``(B) for which there is a high percentage of teachers with 
        emergency, provisional, or temporary certification or 
        licensing.
    ``(b) Grants to Supporting Effective Educator Development.--The 
Secretary is authorized to award grants to national nonprofit 
organizations for projects that are supported by not less than moderate 
evidence to--
            ``(1) recruit and select teachers, principals, and other 
        educators; or
            ``(2) prepare or provide professional enhancement 
        activities for teachers, principals, and other educators.
    ``(c) School Leadership.--
            ``(1) In general.--The Secretary is authorized to establish 
        and carry out a national principal recruitment program to 
        assist high-need local educational agencies in recruiting and 
        training principals through such activities as--
                    ``(A) providing financial incentives to aspiring 
                new principals;
                    ``(B) providing stipends to principals who mentor 
                new principals;
                    ``(C) carrying out professional development 
                programs in instructional leadership and management; 
                and
                    ``(D) providing incentives that--
                            ``(i) are appropriate for teachers or 
                        individuals from other fields who want to 
                        become principals; and
                            ``(ii) are effective in retaining new 
                        principals.
            ``(2) Grants.--If the Secretary uses sums made available 
        under section 2103(b)(1) to carry out paragraph (1), the 
        Secretary shall carry out such paragraph by making grants, on a 
        competitive basis, to--
                    ``(A) high-need local educational agencies;
                    ``(B) consortia of high-need local educational 
                agencies; and
                    ``(C) partnerships of high-need local educational 
                agencies, nonprofit organizations, and institutions of 
                higher education.
    ``(d) Advanced Certification or Advanced Credentialing.--
            ``(1) In general.--The Secretary is authorized to support 
        activities to encourage and support teachers seeking advanced 
        certification or advanced credentialing through high-quality 
        professional teacher enhancement programs designed to improve 
        teaching and learning.
            ``(2) Implementation.--In carrying out paragraph (1), the 
        Secretary shall make grants to eligible entities to--
                    ``(A) develop teacher standards that include 
                measures tied to increased student academic 
                achievement; and
                    ``(B) promote outreach, teacher recruitment, 
                teacher subsidy, or teacher support programs, related 
                to teacher certification or credentialing by the 
                National Board for Professional Teaching Standards, the 
                National Council on Teacher Quality, or other 
                nationally recognized certification or credentialing 
                organizations.
            ``(3) Eligible entities.--In this subsection, the term 
        ``eligible entity'' includes--
                    ``(A) a State educational agency;
                    ``(B) a local educational agency;
                    ``(C) the National Board for Professional Teaching 
                Standards, in partnership with a high-need local 
                educational agency or a State educational agency;
                    ``(D) the National Council on Teacher Quality, in 
                partnership with a high-need local educational agency 
                or a State educational agency; or
                    ``(E) another recognized entity, including another 
                recognized certification or credentialing organization, 
                in partnership with a high-need local educational 
                agency or a State educational agency.
    ``(e) Early Childhood Educator Professional Development.--
            ``(1) Purpose.--The purpose of this subsection is to 
        enhance the school readiness of young children, particularly 
        disadvantaged young children, and to prevent young children 
        from encountering difficulties once the children enter school, 
        by improving the knowledge and skills of early childhood 
        educators who work in communities that have high concentrations 
        of children living in poverty.
            ``(2) Program authorized.--
                    ``(A) Grants to partnerships.--The Secretary is 
                authorized to carry out the purpose of this subsection 
                by awarding grants, on a competitive basis, to 
                partnerships consisting of--
                            ``(i)(I) one or more institutions of higher 
                        education that provide professional development 
                        for early childhood educators who work with 
                        children from low-income families in high-need 
                        communities; or
                            ``(II) another public or private entity 
                        that provides such professional development;
                            ``(ii) one or more public agencies 
                        (including local educational agencies, State 
                        educational agencies, State human services 
                        agencies, and State and local agencies 
                        administering programs under the Child Care and 
                        Development Block Grant Act of 1990 (42 U.S.C. 
                        9858 et seq.)), Head Start agencies, or private 
                        organizations; and
                            ``(iii) to the extent feasible, an entity 
                        with demonstrated experience in providing 
                        training to educators in early childhood 
                        education programs concerning identifying and 
                        preventing behavior problems or working with 
                        children identified as or suspected to be 
                        victims of abuse.
                    ``(B) Duration and number of grants.--
                            ``(i) Duration.--A grant awarded under this 
                        subsection shall be for a period of not more 
                        than 4 years.
                            ``(ii) Number.--No partnership may receive 
                        more than one grant under this subsection.
            ``(3) Applications.--
                    ``(A) Applications required.--Any partnership that 
                desires to receive a grant under this subsection shall 
                submit an application to the Secretary at such time, in 
                such manner, and containing such information as the 
                Secretary may require.
                    ``(B) Contents.--Each such application shall 
                include--
                            ``(i) a description of the high-need 
                        community to be served by the project proposed 
                        to be carried out through the grant, including 
                        such demographic and socioeconomic information 
                        as the Secretary may request;
                            ``(ii) information on the quality of the 
                        early childhood educator professional 
                        development program currently conducted (as of 
                        the date of the submission of the application) 
                        by the institution of higher education or 
                        another provider in the partnership;
                            ``(iii) the results of a needs assessment 
                        that the entities in the partnership have 
                        undertaken to determine the most critical 
                        professional development needs of the early 
                        childhood educators to be served by the 
                        partnership and in the broader community, and a 
                        description of how the proposed project will 
                        address those needs;
                            ``(iv) a description of how the proposed 
                        project will be carried out, including a 
                        description of--
                                    ``(I) how individuals will be 
                                selected to participate;
                                    ``(II) the types of professional 
                                development activities, based on 
                                scientifically based research, that 
                                will be carried out;
                                    ``(III) how research on effective 
                                professional development and on adult 
                                learning will be used to design and 
                                deliver project activities;
                                    ``(IV) how the project will be 
                                coordinated with and build on, and will 
                                not supplant or duplicate, early 
                                childhood education professional 
                                development activities in the high-need 
                                community;
                                    ``(V) how the project will train 
                                early childhood educators to provide 
                                developmentally appropriate school-
                                readiness services that are based on 
                                the best available research on early 
                                childhood pedagogy and child 
                                development and learning domains;
                                    ``(VI) how the project will train 
                                early childhood educators to meet the 
                                diverse educational needs of children 
                                in the community, including children 
                                who are English learners, children with 
                                disabilities, or children with other 
                                special needs; and
                                    ``(VII) how the project will train 
                                early childhood educators in 
                                identifying and preventing behavioral 
                                problems in children or working with 
                                children identified as or suspected to 
                                be victims of abuse;
                            ``(v) a description of--
                                    ``(I) the specific objectives that 
                                the partnership will seek to attain 
                                through the project, and the methods 
                                that the partnership will use to 
                                measure progress toward attainment of 
                                those objectives; and
                                    ``(II) how the objectives and the 
                                measurement methods align with the 
                                achievement indicators established by 
                                the Secretary under paragraph (6)(A);
                            ``(vi) a description of the partnership's 
                        plan for continuing the activities carried out 
                        under the project after Federal funding ceases;
                            ``(vii) an assurance that, where 
                        applicable, the project will provide 
                        appropriate professional development to 
                        volunteers working directly with young 
                        children, as well as to paid staff; and
                            ``(viii) an assurance that, in developing 
                        the application and in carrying out the 
                        project, the partnership has consulted with, 
                        and will consult with, relevant agencies, early 
                        childhood educator organizations, and early 
                        childhood providers that are not members of the 
                        partnership.
            ``(4) Selection of grant recipients.--
                    ``(A) Criteria.--The Secretary shall select 
                partnerships to receive grants under this subsection on 
                the basis of the degree to which the communities 
                proposed to be served require assistance and the 
                quality of the applications submitted under paragraph 
                (3).
                    ``(B) Geographic distribution.--In selecting 
                partnerships to receive grants under this subsection, 
                the Secretary shall seek to ensure that communities in 
                different regions of the United States, as well as both 
                urban and rural communities, are served.
            ``(5) Uses of funds.--
                    ``(A) In general.--Each partnership receiving a 
                grant under this subsection shall use the grant funds 
                to carry out activities that will improve the knowledge 
                and skills of early childhood educators who are working 
                in early childhood programs that are located in high-
                need communities and serve concentrations of children 
                from low-income families.
                    ``(B) Allowable activities.--Such activities may 
                include--
                            ``(i) professional development for early 
                        childhood educators, particularly to 
                        familiarize those educators with the 
                        application of recent research on child, 
                        language, and literacy development and on early 
                        childhood pedagogy;
                            ``(ii) professional development for early 
                        childhood educators in working with parents, so 
                        that the educators and parents can work 
                        together to provide and support developmentally 
                        appropriate school-readiness services that are 
                        based on scientifically based research on early 
                        childhood pedagogy and child development and 
                        learning domains;
                            ``(iii) professional development for early 
                        childhood educators to work with children who 
                        are English language learners, children with 
                        disabilities, and children with other special 
                        needs;
                            ``(iv) professional development to train 
                        early childhood educators in identifying and 
                        preventing behavioral problems in children or 
                        working with children identified as or 
                        suspected to be victims of abuse;
                            ``(v) activities that assist and support 
                        early childhood educators during their first 3 
                        years in the field;
                            ``(vi) development and implementation of 
                        early childhood educator professional 
                        development programs that make use of distance 
                        learning and other technologies;
                            ``(vii) professional development activities 
                        related to the selection and use of screening 
                        and diagnostic assessments to improve teaching 
                        and learning; and
                            ``(viii) data collection, evaluation, and 
                        reporting needed to meet the requirements of 
                        paragraph (6) relating to accountability.
            ``(6) Accountability.--
                    ``(A) Achievement indicators.--On the date on which 
                the Secretary first issues a notice soliciting 
                applications for grants under this subsection, the 
                Secretary shall announce achievement indicators for 
                this subsection, which shall be designed--
                            ``(i) to measure the quality and 
                        accessibility of the professional development 
                        provided;
                            ``(ii) to measure the impact of that 
                        professional development on the early childhood 
                        education provided by the individuals who 
                        receive the professional development; and
                            ``(iii) to provide such other measures of 
                        program impact as the Secretary determines to 
                        be appropriate.
                    ``(B) Annual reports; termination.--
                            ``(i) Annual reports.--Each partnership 
                        receiving a grant under this subsection shall 
                        report annually to the Secretary on the 
                        partnership's progress toward attaining the 
                        achievement indicators.
                            ``(ii) Termination.--The Secretary may 
                        terminate a grant under this subsection at any 
                        time if the Secretary determines that the 
                        partnership receiving the grant is not making 
                        satisfactory progress toward attaining the 
                        achievement indicators.
            ``(7) Cost-sharing.--
                    ``(A) In general.--Each partnership carrying out a 
                project through a grant awarded under this subsection 
                shall provide, from sources other than the program 
                carried out under this subsection, which may include 
                Federal sources--
                            ``(i) at least 50 percent of the total cost 
                        of the project for the grant period; and
                            ``(ii) at least 20 percent of the project 
                        cost for each year.
                    ``(B) Acceptable contributions.--A partnership may 
                meet the requirements of subparagraph (A) by providing 
                contributions in cash or in kind, fairly evaluated, 
                including plant, equipment, and services.
                    ``(C) Waivers.--The Secretary may waive or modify 
                the requirements of subparagraph (A) for a partnerships 
                in cases of demonstrated financial hardship.
            ``(8) Federal coordination.--The Secretary and the 
        Secretary of Health and Human Services shall coordinate 
        activities carried out through programs under this subsection 
        with activities carried out through other early childhood 
        programs administered by the Secretary or the Secretary of 
        Health and Human Services.
            ``(9) Definitions.--In this subsection:
                    ``(A) Early childhood educator.--The term `early 
                childhood educator'' means a person providing, or 
                employed by a provider of, nonresidential child care 
                services (including center-based, family-based, and in-
                home child care services) that is legally operating 
                under State law, and that complies with applicable 
                State and local requirements for the provision of child 
                care services to children at any age from birth through 
                the age at which a child may start kindergarten in that 
                State.
                    ``(B) High-need community.--
                            ``(i) In general.--The term `high-need 
                        community' means--
                                    ``(I) a political subdivision of a 
                                State, or a portion of a political 
                                subdivision of a State, in which at 
                                least 50 percent of the children are 
                                from low-income families; or
                                    ``(II) a political subdivision of a 
                                State that is among the 10 percent of 
                                political subdivisions of the State 
                                having the greatest numbers of such 
                                children.
                            ``(ii) Determination.--In determining which 
                        communities are described in clause (i), the 
                        Secretary shall use such data as the Secretary 
                        determines are most accurate and appropriate.
                    ``(C) Low-income family.--The term `low-income 
                family' means a family with an income below the poverty 
                line for the most recent fiscal year for which 
                satisfactory data are available.''.

SEC. 3. DEFINITION OF PROFESSIONAL DEVELOPMENT.

    Section 9101(34) of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7801(34)) is amended to read as follows:
            ``(34) Professional development.--The term `professional 
        development' means job-embedded comprehensive, sustained, 
        targeted, intensive, evidence-based, and classroom-focused 
        support and capacity-building for teachers, principals, and 
        other educators that strengthens classroom practice and 
        increases student learning, which includes activities that--
                    ``(A) foster collective responsibility for improved 
                student learning;
                    ``(B) are designed and implemented in a manner that 
                increases leadership opportunities for teachers and 
                other educators, and increases the effectiveness of 
                teachers, principals, and other educators in improving 
                student learning and strengthening classroom practice, 
                which may include expanding opportunities for teachers 
                to participate in professional enhancement activities 
                through a nationally recognized standards-based 
                certificate or advanced credential;
                    ``(C) analyze and use--
                            ``(i) real-time data and information 
                        collected from--
                                    ``(I) student learning;
                                    ``(II) classroom practice; and
                                    ``(III) the State's longitudinal 
                                data system; and
                            ``(ii) other relevant data collected by the 
                        school or local educational agency;
                    ``(D) are aligned with--
                            ``(i) rigorous State student academic 
                        achievement standards developed under section 
                        1111(b)(1) and State early learning guidelines;
                            ``(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; and
                    ``(E) include ongoing, job-embedded opportunities 
                determined by established collaborative teams of 
                teachers, principals, and other educators in which 
                teams engage in a continuous cycle of professional 
                learning and improvement that--
                            ``(i) identifies, reviews, and analyzes--
                                    ``(I) student learning, including 
                                gaps in performance;
                                    ``(II) classroom practice; and
                                    ``(III) measures of school climate, 
                                including staff, students, and parent 
                                and family feedback;
                            ``(ii) define a clear set of educator 
                        learning goals to improve school climate and 
                        strengthen classroom practice based on the 
                        rigorous analysis of evidence of student 
                        learning and evidence of classroom practice;
                            ``(iii) develop and implement coherent, 
                        sustained, targeted, and evidenced-based 
                        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 develop 
                        instructional strategies to support students in 
                        meeting those goals;
                            ``(v) provides opportunities for teachers 
                        to develop, implement, and utilize the data 
                        from formative assessments to inform classroom 
                        practice;
                            ``(vi) 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);
                            ``(vii) 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;
                            ``(viii) regularly assesses the 
                        effectiveness of the support, and uses such 
                        assessments to inform ongoing improvements, 
                        in--
                                    ``(I) improving student learning;
                                    ``(II) strengthening classroom 
                                practice; and
                                    ``(III) improving school climate; 
                                and
                            ``(ix) supports the recruiting, hiring, 
                        retaining, and training of profession ready 
                        teachers, including teachers who become 
                        licensed through State and local alternative 
                        routes to certification or licensure.''.
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