[Congressional Record Volume 157, Number 149 (Thursday, October 6, 2011)]
[Senate]
[Pages S6342-S6347]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. REED:
  S. 1674. A bill to improve teacher quality, and for other purposes; 
to the Committee on Health, Education, Labor, and Pensions.
  Mr. REED. Mr. President, today I introduce the Effective Teaching and 
Leading Act to foster the development of highly skilled and effective 
educators.
  We are working towards reauthorizing the Elementary and Secondary 
Education Act--ESEA--this Congress for the first time since 2001. One 
of my highest priorities for reauthorization is to build the capacity 
of our Nation's schools to enhance the effectiveness of teachers, 
principals, school librarians, and other school leaders.
  Decades of research have demonstrated that improving educator and 
principal quality as well as greater family involvement are the keys to 
raising student achievement and turning around struggling schools. To 
strengthen teaching and school leadership, the Effective Teaching and 
Leading Act would amend Title II of the Elementary and Secondary 
Education Act, ESEA, to provide targeted assistance to schools to 
develop and support effective teachers, school librarians, principals, 
and school leaders through implementation of comprehensive induction, 
professional development, and evaluation systems.
  Every year across the country thousands of teachers leave the 
profession--many within their first years of teaching. A report by the 
National Commission on Teaching and America's Future has estimated that 
the nationwide cost of replacing public school teachers who have 
dropped out of the profession is $7.3 billion annually.
  Fortunately, we have some proven strategies to support teachers that 
will keep them in our schools. Evidence has shown that providing new 
teachers with comprehensive mentoring and support during their two 
years reduces teacher attrition by as much as half and increases 
student learning gains. The Effective Teaching and Leading Act would 
help schools implement the key elements of effective multi-year 
mentoring and induction for beginning teachers.
  The bill also significantly revises ESEA's current definition of 
``professional development'' to foster an ongoing culture of teacher, 
principal, school librarian, and staff collaboration throughout 
schools. All too often current professional development still consists 
of isolated, check-the-box activities instead of helping educators 
engage in sustained professional learning that is regularly evaluated 
for its impact on classroom practice and student achievement. Effective 
professional development is collaborative, job-embedded, and data-
driven.
  It is also clear that evaluation systems have an important role to 
play in teacher and principal development. Through Race to the Top and 
other initiatives many states and school systems are focusing on 
reforming their evaluation systems. When evaluation is done right, it 
provides teachers and principals with individualized ongoing feedback 
on their strengths and weaknesses and offers a path to improvement. The 
Effective Teaching and Leading Act would require school districts to 
establish rigorous, fair, and transparent evaluation systems that use 
multiple measures, including growth in student achievement.
  Principals and school leaders also have a critical role to play in 
leading school improvement efforts and managing a collaborative culture 
of ongoing professional learning and development. Research has shown 
that leadership is second only to classroom instruction among school-
related factors that influence student outcomes. As such, this bill 
would provide ongoing high-quality professional development to 
principals and school leaders, including multi-year induction and 
mentoring for new administrators.
  Recognizing the importance of creating career advancement and 
leadership opportunities for teachers, the Effective Teaching and 
Leading Act supports opportunities for teachers to serve as mentors, 
instructional coaches, or master teachers, or take on increased 
responsibility for professional development, curriculum, or school 
improvement activities and calls for significant and sustainable 
stipends for teachers that take on these new roles and 
responsibilities.
  The bill also addresses working conditions that are so critical for 
effective teaching. Under the legislation, districts would conduct 
surveys of the working and learning conditions educators face so this 
data could be used to better target investments and support.
  Improving teaching and school leadership is not simply a matter of 
sorting the good teachers and principals from the bad. What is needed 
is a comprehensive and integrated approach that supports new teachers 
and leaders as they enter the profession; provides on-going 
professional development that helps them improve and their students to 
achieve; and that fairly assesses performance and provides feedback for 
improvement. This is the approach taken by the Effective Teaching and 
Leading Act.
  I worked with a range of education organizations in developing this 
bill, including the American Federation of Teachers; American 
Association of Colleges for Teacher Education; Association for 
Supervision and Curriculum Development; National Association of 
Elementary School Principals; National Association of Secondary School 
Principals; National Board for Professional Teaching Standards; 
Learning Forward; and the New Teacher Center. I thank them for their 
input and support for the bill.
  I urge my colleagues to cosponsor the Effective Teaching and Leading 
Act and work for its inclusion in the upcoming reauthorization of the 
Elementary and Secondary Education Act.
  Mr. President, I ask unanimous consent that this bill be printed in 
the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1674

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Effective Teaching and 
     Leading Act''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds the following:
       (1) Teacher quality is the single most important in-school 
     factor influencing student learning and achievement.
       (2) A report by William L. Sanders and June C. Rivers 
     showed that if 2 average 8-year-old students were given 
     different teachers, 1 of them a high performer, the other a 
     low performer, the students' performance diverged by more 
     than 50 percentile points within 3 years.
       (3) A similar study by Heather Jordan, Robert Mendro, and 
     Dash Weerasinghe showed that the performance gap between 
     students assigned 3 effective teachers in a row, and those 
     assigned 3 ineffective teachers in a row, was 49 percentile 
     points.
       (4) In Boston, research has shown that students placed with 
     high-performing mathematics teachers made substantial gains, 
     while students placed with the least effective teachers 
     regressed and their mathematics scores decreased.
       (5) McKinsey & Company found that studies that take into 
     account all of the available evidence on teacher 
     effectiveness suggest that students placed with high-
     performing teachers will progress 3 times as fast as those 
     placed with low-performing teachers.
       (6) A 2003 study by Richard Ingersoll found that new 
     teachers, not just those in hard-to-staff schools, face such 
     challenging working conditions that nearly one-half leave the 
     profession within their first 5 years, one-third leave within 
     their first 3 years, and 14 percent leave by the end of their 
     first year.
       (7) A report by the National Commission on Teaching and 
     America's Future estimated that the nationwide cost of 
     replacing public school teachers who have dropped out of the 
     profession is $7,300,000,000 annually.
       (8) A randomized controlled trial of comprehensive teacher 
     induction, sponsored by the Institute of Education Sciences 
     found that beginning teachers who received 2 years of 
     induction support produced greater student learning gains as 
     a result, the equivalent of a student moving from the 50th to 
     58th percentile in mathematics achievement and from the 50th 
     to 54th percentile in reading achievement.
       (9) Research by Thomas Smith, Richard Ingersoll, Michael 
     Strong, Anthony Villar, and

[[Page S6343]]

     Jonah Rockoff has shown that comprehensive mentoring and 
     induction reduces teacher attrition by as much as one-half 
     and strengthens new teacher effectiveness.
       (10) A recent School Redesign Network at Stanford 
     University and National Staff Development Council report by 
     Linda Darling-Hammond, Ruth Chung Wei, Alethea Andree, Nikole 
     Richardson, and Stelios Orphanos found that--
       (A) a set of programs that offered substantial contact 
     hours of professional development (ranging from 30 to 100 
     hours in total) spread over 6 to 12 months showed a positive 
     and significant effect on student achievement gains; and
       (B) intensive professional development, especially when it 
     includes applications of knowledge to teachers' planning and 
     instruction, has a greater chance of influencing teacher 
     practices, and in turn, leading to gains in student learning, 
     and such intensive professional development has shown a 
     positive and significant effect on student achievement gains, 
     in some cases by approximately 21 percentile points.
       (11) Teachers can acquire and use new knowledge and skills 
     in their instruction when provided with adequate 
     opportunities to learn, according to ``Student Achievement 
     Through Staff Development'' published by ASCD, which found 
     that more than 90 percent of participants attained skill 
     proficiency if it includes theory presentation, 
     demonstration, practice, and peer coaching.
       (12) Recent reports from the Center for American Progress, 
     Education Sector, Hope Street Group, and the New Teacher 
     Project have collectively demonstrated the significant flaws 
     in current teacher evaluation and implementation, and the 
     necessity for redesigning these systems and linking such 
     evaluation to individualized feedback and substantive 
     targeted support in order to ensure effective teaching.
       (13) Research by Kenneth Leithwood, Karen Seashore Louis, 
     Stephen Anderson, and Kyla Wahlstrom found that--
       (A) leadership is second only to classroom instruction 
     among school-related factors that influence student outcomes; 
     and
       (B) direct and indirect leadership effects account for 
     about one-quarter of total school effects on student 
     learning.
       (14) Research by Charles Clotfelter, Helen Ladd, Kenneth 
     Leithwood, Anthony Milanowski, and the New Teacher Center has 
     shown that the quality of working conditions, particularly 
     supportive school leadership, impacts student academic 
     achievement and teacher recruitment, retention, and 
     effectiveness.
       (15) Since 1965, more than 60 education and library studies 
     have produced clear evidence that school libraries staffed by 
     qualified librarians have a positive impact on student 
     academic achievement, with a recent analysis of reading 
     scores from 2004-2009 showing that fewer librarians 
     translated to lower performance, or a slower rise in scores, 
     on standardized tests.
       (b) Purposes.--The purposes of this Act are to build 
     capacity for developing effective teachers and principals in 
     our Nation's schools through--
       (1) the redesign of teacher and principal evaluation and 
     assessment systems;
       (2) comprehensive, high-quality, rigorous, multi-year 
     induction and mentoring programs for beginning teachers, 
     principals, and other school leaders;
       (3) systematic, sustained, and coherent professional 
     development for all teachers that is team-based and job-
     embedded;
       (4) systematic, sustained, and coherent professional 
     development for school principals, other school leaders, 
     school librarians, paraprofessionals, and other staff; and
       (5) increased teacher leadership opportunities, including 
     compensation for teacher leaders who take on new roles in 
     providing school-based professional development, mentoring, 
     rigorous evaluation, and instructional coaching.

     SEC. 3. DEFINITIONS.

       Section 9101 of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 7801) is amended--
       (1) by striking paragraph (34) and inserting the following:
       ``(34) Professional development.--The term `professional 
     development' means comprehensive, sustained, and intensive 
     support, provided for teachers, principals, school 
     librarians, other school leaders, and other instructional 
     staff, that--
       ``(A) fosters collective responsibility for improved 
     student learning;
       ``(B) is designed and implemented in a manner that 
     increases teacher, principal, school librarian, other school 
     leader, paraprofessional, and other instructional staff 
     effectiveness in improving student learning and strengthening 
     classroom practice;
       ``(C) analyzes and uses--
       ``(i) real-time data and information collected from--

       ``(I) evidence of student learning;
       ``(II) evidence of classroom practice; and
       ``(III) the State's longitudinal data system; and

       ``(ii) other relevant data collected by the school or local 
     educational agency;
       ``(D) is aligned with--
       ``(i) rigorous State student academic achievement standards 
     developed under section 1111(b)(1);
       ``(ii) related academic and school improvement goals of the 
     school, local educational agency, and statewide curriculum;
       ``(iii) statewide and local curricula; and
       ``(iv) rigorous standards of professional practice and 
     development;
       ``(E) includes frequently scheduled, significant blocks of 
     time during the regular school day among established 
     collaborative teams of teachers, principals, school 
     librarians, other school leaders, and other instructional 
     staff, by grade level and content area (to the extent 
     applicable and practicable), which teams engage in a 
     continuous cycle of professional learning and improvement 
     that--
       ``(i) identifies, reviews, and analyzes--

       ``(I) evidence of student learning; and
       ``(II) evidence of classroom practice;

       ``(ii) defines a clear set of educator learning goals to 
     improve student learning and strengthen classroom practice 
     based on the rigorous analysis of evidence of student 
     learning and evidence of classroom practice;
       ``(iii) develops and implements coherent, sustained, and 
     evidenced-based professional development strategies to meet 
     such goals (including through instructional coaching, lesson 
     study, and study groups organized at the school, team, or 
     individual levels);
       ``(iv) provides learning opportunities for teachers to 
     collectively develop and refine student learning goals and 
     the teachers' instructional practices and the use of 
     formative assessment;
       ``(v) provides an effective mechanism to support the 
     transfer of new knowledge and skills to the classroom 
     (including utilizing teacher leaders, instructional coaches, 
     school librarians, and content experts to support such 
     transfer); and
       ``(vi) provides opportunities for follow-up, observation, 
     and formative feedback and assessment of the teacher's 
     classroom practice, on a regular basis and in a manner that 
     allows each such teacher to identify areas of classroom 
     practice that need to be strengthened, refined, and improved;
       ``(F) regularly assesses the effectiveness of the support, 
     and uses such assessments to inform ongoing improvements, 
     in--
       ``(i) improving student learning; and
       ``(ii) strengthening classroom practice; and
       ``(G) supports the recruiting, hiring, and training of 
     highly qualified teachers, including teachers who become 
     highly qualified through State and local alternative routes 
     to certification or licensure.'';
       (2) by adding at the end the following:
       ``(44) Evidence of classroom practice.--The term `evidence 
     of classroom practice' means evidence of practice gathered 
     from a classroom through multiple formats and sources, 
     including some or all of the following:
       ``(A) Demonstration of effective teaching skills.
       ``(B) Classroom observations based on rigorous teacher 
     performance standards or rubrics.
       ``(C) Student work.
       ``(D) Teacher portfolios.
       ``(E) Videos of teacher practice.
       ``(F) Lesson plans.
       ``(G) Information on the extent to which the teacher 
     collaborates and shares best practices with other teachers 
     and instructional staff.
       ``(H) Information on the teacher's successful use of 
     research and data.
       ``(I) Parent, student, and peer feedback.
       ``(45) Evidence of student learning.--The term `evidence of 
     student learning' means--
       ``(A) valid and reliable data on student learning, which 
     shall include data based on student learning gains on State 
     student academic assessments under section 1111(b)(3) and 
     other State student academic achievement assessments, where 
     available; and
       ``(B) other evidence of student learning, including some or 
     all of the following:
       ``(i) Student work, including measures of performance 
     criteria and evidence of student growth.
       ``(ii) Teacher-generated information about student goals 
     and growth.
       ``(iii) Parental feedback about student goals and growth.
       ``(iv) Formative assessments.
       ``(v) Summative assessments.
       ``(vi) Objective performance-based assessments.
       ``(vii) Assessments of affective engagement and self-
     efficacy.
       ``(46) Lowest achieving school.--The term `lowest achieving 
     school' means a school served by a local educational agency 
     that--
       ``(A) is failing to make adequate yearly progress as 
     described in section 1111(b)(2), for the greatest number of 
     subgroups described in section 1111(b)(2)(C)(v) and by the 
     greatest margins, as compared to the other schools served by 
     the local educational agency; and
       ``(B) in the case of a secondary school, has a graduation 
     rate of less than 65 percent.
       ``(47) School leader.--The term `school leader' means an 
     individual who--
       ``(A) is an employee or officer of a school; and
       ``(B) is responsible for--
       ``(i) the school's performance; and
       ``(ii) the daily instructional and managerial operations of 
     the school.
       ``(48) Teaching skills.--The term `teaching skills' means 
     skills that enable a teacher to--
       ``(A) increase student learning, achievement, and the 
     ability to apply knowledge;
       ``(B) effectively convey and explain academic subject 
     matter;
       ``(C) actively engage students and personalize learning;
       ``(D) effectively teach higher-order analytical, 
     evaluation, problem-solving, and communication skills;

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       ``(E) develop and effectively apply new knowledge, skills, 
     and practices;
       ``(F) employ strategies grounded in the disciplines of 
     teaching and learning that--
       ``(i) are based on empirically based practice and 
     scientifically valid research, where applicable, related to 
     teaching and learning;
       ``(ii) are specific to academic subject matter;
       ``(iii) focus on the identification of students' specific 
     learning needs, (including children with disabilities, 
     students who are limited English proficient, students who are 
     gifted and talented, and students with low literacy levels), 
     and the tailoring of academic instruction to such needs; and
       ``(iv) enable effective inclusion of children with 
     disabilities and English language learners, including the 
     utilization of--

       ``(I) response to intervention;
       ``(II) positive behavioral supports;
       ``(III) differentiated instruction;
       ``(IV) universal design of learning;
       ``(V) appropriate accommodations for instruction and 
     assessments;
       ``(VI) collaboration skills;
       ``(VII) skill in effectively participating in 
     individualized education program meetings required under 
     section 614 of the Individuals with Disabilities Education 
     Act; and
       ``(VIII) evidence-based strategies to meet the linguistic 
     and academic needs of English language learners;

       ``(G) conduct an ongoing assessment of student learning, 
     which may include the use of formative assessments, 
     performance-based assessments, project-based assessments, or 
     portfolio assessments, that measures higher-order thinking 
     skills (including application, analysis, synthesis, and 
     evaluation);
       ``(H) effectively manage a classroom, including the ability 
     to implement positive behavioral support strategies;
       ``(I) communicate and work with parents, and involve 
     parents in their children's education; and
       ``(J) use age-appropriate and developmentally appropriate 
     strategies and practices.
       ``(49) Formative assessment.--The term `formative 
     assessment' means a process used by teachers and students 
     during instruction that provides feedback to adjust ongoing 
     teaching and learning to improve students' achievement of 
     intended instructional outcomes.''.
       (3) by redesignating paragraphs (1) through (39), the 
     undesignated paragraph following paragraph (39), and 
     paragraphs (41) through (49) (as amended by this section) as 
     paragraphs (1) through (18), (21), (22), (24) through (29), 
     (31) through (40), (42) through (47), (49), (19), (20), (30), 
     (41), (48), and (23), respectively.

     SEC. 4. SCHOOL IMPROVEMENT.

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

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

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

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

     ``SEC. 2501. LOCAL SCHOOL IMPROVEMENT ACTIVITIES.

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

[[Page S6345]]

     English language learners) and specific grade levels and 
     content areas.
       ``(4) Joint development and submission.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     a local educational agency shall--
       ``(i) jointly develop the application and data analysis 
     framework under this subsection with local organizations 
     representing the teachers, principals, and other school 
     leaders in the local educational agency; and
       ``(ii) submit the application and data analysis in 
     partnership with such local teacher, principal, and school 
     leader organizations.
       ``(B) Exception.--A State may, after consultation with the 
     Secretary, consider an application from a local educational 
     agency that is not jointly developed and submitted in 
     accordance with subparagraph (A) if the application includes 
     documentation of the local educational agency's extensive 
     attempt to work jointly with local teacher, principal, and 
     school leader organizations.

     ``SEC. 2502. USE OF FUNDS.

       ``(a) Induction, Professional Development, and Evaluation 
     System.--A local educational agency that receives a subgrant 
     under this part shall use the subgrant funds to improve 
     teaching and school leadership through a system of teacher 
     and principal induction, professional development, and 
     evaluation. Such system shall be developed, implemented, and 
     evaluated in collaboration with local teacher, principal, and 
     school leader organizations and local teacher, principal, and 
     school leader preparation programs and shall provide 
     assistance to each school that the local educational agency 
     has identified under section 2501(b)(2)(C)(ii), to--
       ``(1) implement a comprehensive, coherent, high-quality 
     formalized induction program for beginning teachers during 
     not less than the teachers' first 2 years of full-time 
     employment as teachers with the local educational agency, 
     that shall include--
       ``(A) rigorous mentor selection by school or local 
     educational agency leaders with mentoring and instructional 
     expertise, including requirements that the mentor 
     demonstrate--
       ``(i) a proven track record of improving student learning;
       ``(ii) strong interpersonal skills;
       ``(iii) exemplary teaching skills, particularly with 
     diverse learners, including children with disabilities and 
     English language learners;
       ``(iv) not less than 5 years teaching experience;
       ``(v) commitment to personal and professional growth and 
     learning, such as National Board for Professional Teaching 
     Standards certification;
       ``(vi) willingness and experience in using real-time data, 
     as well as school and classroom level practices that have 
     demonstrated the capacity to--

       ``(I) improve student learning and classroom practice; and
       ``(II) inform instruction and professional growth;

       ``(vii) a commitment to participate in professional 
     development throughout the year to develop the knowledge and 
     skills related to effective mentoring; and
       ``(viii) the ability to improve the effectiveness of the 
     mentor's mentees, as assessed by the evaluation system 
     described in paragraph (3);
       ``(B) a program of high-quality, intensive, and ongoing 
     mentoring and mentor-teacher interactions that--
       ``(i) ensures that new teachers are supported in ways that 
     help improve content-specific knowledge and pedagogy, 
     including by matching mentors with beginning teachers by 
     grade level and content area;
       ``(ii) assists each beginning teacher in--

       ``(I) analyzing data based on the beginning teacher's 
     evidence of student learning and evidence of classroom 
     practice, and utilizing research-based instructional 
     strategies, including differentiated instruction, to inform 
     and strengthen such practice;
       ``(II) developing and enhancing effective teaching skills;
       ``(III) enabling effective inclusion of children with 
     disabilities and English language learners, including through 
     the utilization of--

       ``(aa) response to intervention;
       ``(bb) positive behavioral supports;
       ``(cc) differentiated instruction;
       ``(dd) universal design of learning;
       ``(ee) appropriate accommodations for instruction and 
     assessments;
       ``(ff) collaboration skills;
       ``(gg) skill in effectively participating in individualized 
     education program meetings required under section 614 of the 
     Individuals with Disabilities Education Act; and
       ``(hh) evidence-based strategies to meet the linguistic and 
     academic needs of English language learners;

       ``(IV) using formative evaluations to--

       ``(aa) collect and analyze classroom-level data;
       ``(bb) foster evidence-based discussions;
       ``(cc) provide opportunities for self assessment;
       ``(dd) examine classroom practice; and
       ``(ee) establish goals for professional growth; and

       ``(V) achieving the goals of the school, district, and 
     statewide curricula;

       ``(iii) provides regular and ongoing opportunities for 
     beginning teachers to observe exemplary teaching in classroom 
     settings during the school day;
       ``(iv) aligns with the mission and goals of the local 
     educational agency and school;
       ``(v)(I) acts as a vehicle for a beginning teacher to 
     establish short- and long-term planning and professional 
     goals and to improve student learning and classroom practice; 
     and
       ``(II) guides, monitors, and assesses the beginning 
     teacher's progress toward such goals;
       ``(vi) assigns not more than 12 beginning teacher mentees 
     to a mentor who is released full-time from classroom 
     teaching, and reduces such maximum number of mentees 
     proportionately for a mentor who works on a part-times basis;
       ``(vii) provides joint professional development 
     opportunities for mentors and beginning teachers;
       ``(viii) may include the use of master teachers to support 
     mentors or other teachers; and
       ``(ix) improves student learning and classroom practice, as 
     measured by the evaluation system described in paragraph (3);
       ``(C) paid school release time that allows for at least 
     weekly high-quality mentoring and mentor-teacher 
     interactions;
       ``(D) foundational training and ongoing professional 
     development for mentors that support the high-quality 
     mentoring and mentor-teacher interactions described in 
     subparagraph (B);
       ``(E) use of research-based teaching standards, formative 
     assessments, teacher portfolio processes (such as the 
     National Board for Professional Teaching Standards 
     certification process), and teacher development protocols 
     that support the high-quality mentoring and mentor-teacher 
     interactions described in subparagraph (B); and
       ``(F) feedback on the performance of beginning teachers to 
     local teacher preparation programs and recommendations for 
     improving such programs;
       ``(2) implement high-quality effective professional 
     development for teachers, principals, school librarians, and 
     other school leaders serving the schools targeted for 
     assistance under the subgrant;
       ``(3) develop and implement a rigorous, transparent, and 
     equitable teacher and principal evaluation system for all 
     schools served by the local educational agency that--
       ``(A)(i) provides formative individualized feedback to 
     teachers and principals on areas for improvement;
       ``(ii) provides for substantive support and interventions 
     targeted specifically on such areas of improvement; and
       ``(iii) results in summative evaluations;
       ``(B) differentiates the effectiveness of teachers and 
     principals using multiple rating categories that take into 
     account evidence of student learning;
       ``(C) shall be developed, implemented, and evaluated in 
     partnership with local teacher and principal organizations; 
     and
       ``(D) includes--
       ``(i) valid, clearly defined, and reliable performance 
     standards and rubrics for teacher evaluation based on 
     multiple performance measures, which shall include a 
     combination of--

       ``(I) evidence of classroom practice; and
       ``(II) evidence of student learning as a significant 
     factor;

       ``(ii) valid, clearly defined, and reliable performance 
     standards and rubrics for principal evaluation based on 
     multiple performance measures of student learning and 
     leadership skills, which standards shall include--

       ``(I) planning and articulating a shared and coherent 
     schoolwide direction and policy for achieving high standards 
     of student performance;
       ``(II) identifying and implementing the activities and 
     rigorous curriculum necessary for achieving such standards of 
     student performance;
       ``(III) supporting a culture of learning, collaboration, 
     and professional behavior and ensuring quality measures of 
     instructional practice;
       ``(IV) communicating and engaging parents, families, and 
     other external communities; and
       ``(V) collecting, analyzing, and utilizing data and other 
     tangible evidence of student learning and evidence of 
     classroom practice to guide decisions and actions for 
     continuous improvement and to ensure performance 
     accountability;

       ``(iii) multiple and distinct rating options that allow 
     evaluators to--

       ``(I) conduct multiple classroom observations throughout 
     the school year;
       ``(II) examine the impact of the teacher or principal on 
     evidence of student learning and evidence of classroom 
     practice;
       ``(III) specifically describe and compare differences in 
     performance, growth, and development; and
       ``(IV) provide teachers or principals with detailed 
     individualized feedback and evaluation in a manner that 
     allows each teacher or principal to identify the areas of 
     classroom practice that need to be strengthened, refined, and 
     improved;

       ``(iv) implementing a formative and summative evaluation 
     process based on the performance standards established under 
     clauses (i) and (ii);
       ``(v) rigorous training for evaluators on the performance 
     standards established under clauses (i) and (ii) and the 
     process of conducting effective evaluations, including how to 
     provide specific feedback and improve teaching and principal 
     practice based on evaluation results;
       ``(vi) regular monitoring and assessment of the quality and 
     fairness of the evaluation

[[Page S6346]]

     system and the evaluators' judgements, including with respect 
     to--

       ``(I) inter-rater reliability, including independent or 
     third-party reviews;
       ``(II) student assessments used in the evaluation system;
       ``(III) the performance standards established under clauses 
     (i) and (ii);
       ``(IV) training and qualifications of evaluators; and
       ``(V) timeliness of teacher and principal evaluations and 
     feedback;

       ``(vii) a plan and substantive targeted support for 
     teachers and principals who fail to meet the performance 
     standards established under clauses (i) and (ii);
       ``(viii) a streamlined, transparent, fair, and objective 
     due process for documentation and removal of teacher and 
     principals who fail to meet such performance standards, as 
     governed by any applicable collective bargaining agreement or 
     State law and after substantive targeted and reasonable 
     support has been provided to such teachers and principals; 
     and
       ``(ix) in the case of a local educational agency in a State 
     that has a State evaluation framework, the alignment of the 
     local educational agency's evaluation system with, at a 
     minimum, such framework and the requirements of this 
     paragraph;
       ``(4) implement ongoing high-quality support, coaching, and 
     professional development for principals and other school 
     leaders serving the schools targeted for assistance under 
     such subgrant, which shall--
       ``(A) include a comprehensive, coherent, high-quality 
     formalized induction program outside the supervisory 
     structure for beginning principals and other school leaders, 
     during not less than the principals' and other school 
     leaders' first 2 years of full-time employment as a principal 
     or other school leader in the local educational agency, to 
     develop and improve the knowledge and skills described in 
     subparagraph (B), including--
       ``(i) a rigorous mentor or coach selection process based on 
     exemplary administrative expertise and experience;
       ``(ii) a program of ongoing opportunities throughout the 
     school year for the mentoring or coaching of beginning 
     principals and other school leaders, including opportunities 
     for regular observation and feedback;
       ``(iii) foundational training and ongoing professional 
     development for mentors or coaches; and
       ``(iv) the use of research-based leadership standards, 
     formative and summative assessments, or principal and other 
     school leader protocols (such as the National Board for 
     Professional Teaching Standards Certification for Educational 
     Leaders program or the 2008 Interstate School Leaders 
     Licensure Consortium Standards);
       ``(B) improve the knowledge and skills of school principals 
     and other school leaders in--
       ``(i) planning and articulating a shared and clear 
     schoolwide direction, vision, and strategy for achieving high 
     standards of student performance;
       ``(ii) identifying and implementing the activities and 
     rigorous student curriculum and assessments necessary for 
     achieving such standards of performance;
       ``(iii) managing and supporting a collaborative culture of 
     ongoing learning and professional development and ensuring 
     quality evidence of classroom practice (including shared or 
     distributive leadership and providing timely and constructive 
     feedback to teachers to improve student learning and 
     strengthen classroom practice);
       ``(iv) communicating and engaging parents, families, and 
     local communities and organizations (including engaging in 
     partnerships among elementary schools, secondary schools, and 
     institutions of higher education to ensure the vertical 
     alignment of student learning outcomes);
       ``(v) collecting, analyzing, and utilizing data and other 
     tangible evidence of student learning and classroom practice 
     (including the use of formative and summative assessments) 
     to--

       ``(I) guide decisions and actions for continuous 
     instructional improvement; and
       ``(II) ensure performance accountability;

       ``(vi) managing resources and school time to ensure a safe 
     and effective student learning environment; and
       ``(vii) designing and implementing strategies for 
     differentiated instruction and effectively identifying and 
     educating diverse learners, including children with 
     disabilities and English language learners; and
       ``(C) provide feedback on the performance of beginning 
     principals and other school leaders to local principal and 
     leader preparation programs and recommendations for improving 
     such programs;
       ``(5)(A) create or enhance opportunities for teachers and 
     school librarians to assume new school leadership roles and 
     responsibilities, including--
       ``(i) serving as mentors, instructional coaches, or master 
     teachers; or
       ``(ii) assuming increased responsibility for professional 
     development activities, curriculum development, or school 
     improvement and leadership activities; and
       ``(B) provide training for teachers who assume such school 
     leadership roles and responsibilities; and
       ``(6) provide significant and sustainable stipends above a 
     teacher's base salary for teachers that serve as mentors, 
     instructional coaches, teacher leaders, or evaluators under 
     the programs described in this subsection.
       ``(b) Survey.--A local educational agency receiving a 
     subgrant under this part shall conduct a valid and reliable 
     full population survey of teaching and learning, at the 
     school and local educational agency level, and include, as 
     topics in the survey, not less than the following elements 
     essential to improving student learning and retaining 
     effective teachers:
       ``(1) Instructional planning time.
       ``(2) School leadership.
       ``(3) Decisionmaking processes.
       ``(4) Professional development.
       ``(5) Facilities and resources, including the school 
     library.
       ``(6) Beginning teacher induction.
       ``(7) School safety and environment.
       ``(c) Integration and Alignment.--The system described in 
     subsection (a) shall--
       ``(1) integrate and align all of the activities described 
     in such subsection;
       ``(2) be informed by, and integrated with, the results of 
     the survey described in subsection (b);
       ``(3) be aligned with the State's school improvement 
     efforts under sections 1116 and 1117; and
       ``(4) be aligned with the programs funded under title II of 
     the Higher Education Act of 1965 and other professional 
     development programs authorized under this Act.
       ``(d) Eligible Entities.--The assistance required to be 
     provided under this section may be provided--
       ``(1) by the local educational agency; or
       ``(2) by the local educational agency, in collaboration 
     with--
       ``(A) the State educational agency;
       ``(B) an institution of higher education;
       ``(C) a nonprofit organization;
       ``(D) a teacher organization;
       ``(E) a principal or school leader organization;
       ``(F) an educational service agency;
       ``(G) a teaching residency program; or
       ``(H) another nonprofit entity with experience in helping 
     schools improve student achievement.

     ``SEC. 2503. RULE OF CONSTRUCTION.

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

     ``SEC. 2504. PROGRAM EVALUATION.

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

[[Page S6347]]

       ``(1) In general.--The results of the evaluation described 
     in subsection (a) shall be submitted to the Secretary.
       ``(2) Dissemination.--The Secretary shall make the results 
     of each evaluation described in subsection (a) available to 
     States, local educational agencies, and the public.

     ``SEC. 2505. AUTHORIZATION OF APPROPRIATIONS.

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

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

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