I 

109TH CONGRESS 

1ST SESSION H. R. 2835 

To amend the Elementary and Secondary Education Act of 1965, the Higher 

Education Act of 1965, and the Internal Revenue Code of 1986 to 

improve recruitment, preparation, distribution, and retention of public 

elementary and secondary school teachers and principals, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 9, 2005 

Mr. GEORGE MILLER of California (for himself, Mr. KILDEE, Mr. OWENS, Mr. 

PAYNE, Ms. WOOLSEY, Mr. ANDREWS, Mr. SCOTT of Virginia, Mr. 

HINOJOSA, Mrs. MCCARTHY, Mr. TIERNEY, Mr. KUCINICH, Mr. HOLT, 

Mr. DAVIS of Illinois, Mr. GRIJALVA, Ms. MCCOLLUM of Minnesota, Mr. 

VAN HOLLEN, Mr. RYAN of Ohio, Mr. BISHOP of New York, Mr. BARROW, Ms. SLAUGHTER, Mr. CONYERS, Mr. BROWN of Ohio, Mr. 

CAPUANO, Mrs. JONES of Ohio, Mr. WEINER, Ms. LEE, Ms. WATSON, 

Mr. WEXLER, Mr. HIGGINS, Mr. ISRAEL, Ms. WASSERMAN SCHULTZ, 

Ms. CORRINE BROWN of Florida, Mr. BERMAN, Mr. CLEAVER, Ms. 

DELAURO, Mr. BACA, Mr. DELAHUNT, Ms. BALDWIN, Mr. ABERCROMBIE, Mr. FATTAH, Mr. FALEOMAVAEGA, Mr. FORD, Mr. 

ETHERIDGE, Ms. ESHOO, Mr. CUMMINGS, and Mr. FRANK of Massachusetts) introduced the following bill; which was referred to the Committee 

on Education and the Workforce, and in addition to the Committee on 

Ways and Means, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To amend the Elementary and Secondary Education Act 

of 1965, the Higher Education Act of 1965, and the 

Internal Revenue Code of 1986 to improve recruitment, 

preparation, distribution, and retention of public elemen-
2 

•HR 2835 IH 

tary and secondary school teachers and principals, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Teacher Excellence 

5 for All Children Act of 2005’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents of this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Findings. 

TITLE I—RECRUITING TALENTED NEW TEACHERS 

Sec. 101. Amendments to Higher Education Act of 1965. 

‘‘PART C—TEACH GRANTS

‘‘Sec. 231. Purposes. 

‘‘Sec. 232. Program established. 

‘‘Sec. 233. Eligibility and applications for Grants. 

‘‘PART D—RECRUITING TEACHERS WITH MATH, SCIENCE, OR LANGUAGE

MAJORS

‘‘Sec. 241. Program authorized. 

‘‘Sec. 242. Authorization of appropriations. 

Sec. 102. Extending and expanding teacher loan forgiveness. 

TITLE II—CLOSING THE TEACHER DISTRIBUTION GAP 

Sec. 201. Grants to local educational agencies to provide premium pay to teachers in high-need schools. 

‘‘PART E—TEACHER EXCELLENCE FOR ALL CHILDREN

‘‘Sec. 2500. Definitions. 

‘‘SUBPART 1—DISTRIBUTION

‘‘Sec. 2501. Premium pay; loan repayment. 

‘‘Sec. 2502. Career ladders for teachers program. 

TITLE III—IMPROVING TEACHER PREPARATION 

Sec. 301. Amendment to Elementary and Secondary Education Act of 1965. 
3 

•HR 2835 IH 

‘‘SUBPART 2—PREPARATION

‘‘Sec. 2511. Establishing state-of-the-art teacher induction programs. 

‘‘Sec. 2512. Peer mentoring and review programs. 

‘‘Sec. 2513. Establishing state-of-the-art principal training and induction 

programs and performance-based principal certification. 

‘‘Sec. 2514. Study on developing a portable performance-based teacher assessment. 

Sec. 302. Amendment to the Higher Education Act of 1965: Teacher Quality 

Enhancement Grants. 

‘‘Sec. 206. Accountability and evaluation. 

‘‘Sec. 207. Accountability for programs that prepare teachers. 

‘‘Sec. 208. State functions. 

‘‘Sec. 209. General provisions. 

Sec. 303. Enforcing NCLB’s teacher equity provision. 

‘‘Sec. 9537. Assurance of reasonable progress toward equitable access to 

teacher quality. 

TITLE IV—EQUIPPING TEACHERS, SCHOOLS, LOCAL EDUCATIONAL AGENCIES, AND STATES WITH THE 21ST CENTURY 

DATA, TOOLS, AND ASSESSMENTS THEY NEED 

Sec. 401. 21st Century Data, Tools, and Assessments. 

‘‘SUBPART 3—21ST CENTURY DATA, TOOLS, AND ASSESSMENTS

‘‘Sec. 2521. Developing value-added data systems. 

Sec. 402. Collecting national data on distribution of teachers. 

TITLE V—RETENTION: KEEPING OUR BEST TEACHERS IN THE 

CLASSROOM 

Sec. 501. Amendment to Elementary and Secondary Education Act of 1965. 

‘‘SUBPART 4—RETENTION AND WORKING CONDITIONS

‘‘Sec. 2531. Improving professional development opportunities. 

Sec. 502. Exclusion from gross income of compensation of teachers and principals in certain high-need schools or teaching high-need subjects. 

‘‘Sec. 139B. Compensation of certain teachers and principals. 

Sec. 503. Above-the-line deduction for certain expenses of elementary and secondary school teachers increased and made permanent. 

TITLE VI—MISCELLANEOUS PROVISIONS 

Sec. 601. Conforming amendments. 

1 SEC. 3. FINDINGS. 

2 The Congress finds as follows: 

3 (1) There are not enough qualified teachers in 

4 the Nation’s classrooms, and an unprecedented num5 ber of teachers will retire over the next 5 years. Over 
4 

•HR 2835 IH 

1 the next decade, the Nation will need to bring 

2 2,000,000 new teachers into public schools. 

3 (2) Too many teachers and principals do not re4 ceive adequate preparation for their jobs. 

5 (3) More than one-third of children in grades 

6 7–12 are taught by a teacher who lacks both a col7 lege major and certification in the subject being 

8 taught. Rates of ‘‘out-of-field teaching’’ are espe9 cially high in high-poverty schools. 

10 (4) Seventy percent of math classes in high-pov11 erty middle schools are assigned to teachers without 

12 even a minor in math or a related field. 

13 (5) Teacher turnover is a serious problem, par14 ticularly in urban and rural areas. Over one-third of 

15 new teachers leave the profession within their first 

16 3 years of teaching, and 14 percent of new teachers 

17 leave the field within the first year. After 5 years— 

18 the average time it takes for teachers to maximize 

19 students’ learning—half of all new teachers will have 

20 exited the profession. Rates of teacher attrition are 

21 highest in high-poverty schools. Between 2000 and 

22 2001, 1 out of 5 teachers in the Nation’s high-pov23 erty schools either left to teach in another school or 

24 dropped out of teaching altogether. 
5 

•HR 2835 IH 

1 (6) Fourth graders who are poor score dramati2 cally lower on the National Assessment of Edu3 cational Progress (NAEP) than their counterparts. 

4 Over 85 percent of fourth graders who are poor 

5 failed to attain NAEP proficiency standards in 

6 2003. 

7 (7) African-American, Latino, and low-income 

8 students are much less likely than other students to 

9 have highly-qualified teachers. 

10 (8) Research shows that individual teachers 

11 have a great impact on how well their students 

12 learn. The most effective teachers have been shown 

13 to be able to boost their pupils’ learning by a full 

14 grade level relative to students taught by less effec15 tive teachers. 

16 (9) Although nearly half (42 percent) of all 

17 teachers hold a master’s degree, fewer than 1 in 4 

18 secondary teachers have a master’s degree in the 

19 subject they teach. 

20 (10) Young people with high SAT and ACT 

21 scores are much less likely to choose teaching as a 

22 career. Those who have higher SAT or ACT scores 

23 are twice as likely to leave the profession after only 

24 a few years. 
6 

•HR 2835 IH 

1 (11) Only 16 States finance new teacher induc2 tion programs, and fewer still require inductees to 

3 be matched with mentors who teach the same sub4 ject. 

5 TITLE I—RECRUITING 

6 TALENTED NEW TEACHERS 

7 SEC. 101. AMENDMENTS TO HIGHER EDUCATION ACT OF 

8 1965. 

9 (a) TEACH GRANTS.—Title II of the Higher Edu10 cation Act of 1965 (20 U.S.C. 1021 et seq.) is amended 

11 by adding at the end the following new part: 

12 ‘‘PART C—TEACH GRANTS 

13 ‘‘SEC. 231. PURPOSES. 

14 ‘‘The purposes of the part are— 

15 ‘‘(1) to improve student academic achievement; 

16 ‘‘(2) to help recruit and prepare teachers to 

17 meet the national demand for a highly qualified 

18 teacher in every classroom; and 

19 ‘‘(3) to increase opportunities for Americans of 

20 all educational, ethnic, class, and geographic back21 grounds to become highly qualified teachers. 

22 ‘‘SEC. 232. PROGRAM ESTABLISHED. 

23 ‘‘(a) PROGRAM AUTHORITY.— 

24 ‘‘(1) PAYMENTS REQUIRED.—For each of the 

25 fiscal years 2006 through 2013, the Secretary shall 
7 

•HR 2835 IH 

1 pay to each eligible institution such sums as may be 

2 necessary to pay to each eligible student (defined in 

3 accordance with section 484) who files an applica4 tion and agreement in accordance with section 233, 

5 and qualifies under subsection (a)(2) of such section, 

6 a TEACH Grant in the amount of $4,000 for each 

7 academic year during which that student is in at8 tendance at an institution of higher education. 

9 ‘‘(2) REFERENCE.—Grants made under this 

10 part shall be known as ‘Teacher Education Assist11 ance for College and Higher Education Grants’ or 

12 ‘TEACH Grants’ . 

13 ‘‘(b) PAYMENT METHODOLOGY.— 

14 ‘‘(1) PREPAYMENT.—Not less than 85 percent 

15 of such sums shall be advanced to eligible institu16 tions prior to the start of each payment period and 

17 shall be based upon an amount requested by the in18 stitution as needed to pay eligible students until 

19 such time as the Secretary determines and publishes 

20 in the Federal Register with an opportunity for com21 ment, an alternative payment system that provides 

22 payments to institutions in an accurate and timely 

23 manner, except that this sentence shall not be con24 strued to limit the authority of the Secretary to 
8 

•HR 2835 IH 

1 place an institution on a reimbursement system of 

2 payment. 

3 ‘‘(2) DIRECT PAYMENT.—Nothing in this sec4 tion shall be interpreted to prohibit the Secretary 

5 from paying directly to students, in advance of the 

6 beginning of the academic term, an amount for 

7 which they are eligible, in cases where the eligible in8 stitution elects not to participate in the disburse9 ment system required by paragraph (1). 

10 ‘‘(3) DISTRIBUTION OF GRANTS TO STU11 DENTS.—Payments under this part shall be made, in 

12 accordance with regulations promulgated by the Sec13 retary for such purpose, in such manner as will best 

14 accomplish the purpose of this part. Any disburse15 ment allowed to be made by crediting the student’s 

16 account shall be limited to tuition and fees and, in 

17 the case of institutionally owned housing, room and 

18 board. The student may elect to have the institution 

19 provide other such goods and services by crediting 

20 the student’s account. 

21 ‘‘(c) REDUCTIONS IN AMOUNT.— 

22 ‘‘(1) PART TIME STUDENTS.—In any case 

23 where a student attends an institution of higher edu24 cation on less than a full-time basis (including a stu25 dent who attends an institution of higher education 
9 

•HR 2835 IH 

1 on less than a half-time basis) during any academic 

2 year, the amount of the TEACH Grant for which 

3 that student is eligible shall be reduced in proportion 

4 to the degree to which that student is not so attend5 ing on a full-time basis, in accordance with a sched6 ule of reductions established by the Secretary for the 

7 purposes of this part, computed in accordance with 

8 this part. Such schedule of reductions shall be estab9 lished by regulation and published in the Federal 

10 Register in accordance with section 482 of this Act. 

11 ‘‘(2) NO EXCEEDING COST.—No TEACH Grant 

12 under this part shall exceed the the cost of attend13 ance (as defined in section 472) at the institution at 

14 which that student is in attendance. If, with respect 

15 to any student, it is determined that the amount of 

16 a TEACH Grant exceeds the cost of attendance for 

17 that year, the amount of the TEACH Grant shall be 

18 reduced until the TEACH Grant does not exceed the 

19 cost of attendance at such institution. 

20 ‘‘(d) PERIOD OF ELIGIBILITY FOR GRANTS.— 

21 ‘‘(1) UNDERGRADUATE STUDENTS.—The period 

22 during which an undergraduate student may receive 

23 TEACH Grants shall be the period required for the 

24 completion of the first undergraduate baccalaureate 

25 course of study being pursued by that student at the 
10 

•HR 2835 IH 

1 institution at which the student is in attendance ex2 cept that— 

3 ‘‘(A) any period during which the student 

4 is enrolled in a noncredit or remedial course of 

5 study as defined in paragraph (3) shall not be 

6 counted for the purpose of this paragraph; and 

7 ‘‘(B) the total amount that a student may 

8 receive under this part for undergraduate study 

9 shall not exceed $16,000. 

10 ‘‘(2) GRADUATE STUDENTS.—The period dur11 ing which a graduate student may receive TEACH 

12 Grants shall be the period required for the comple13 tion of a master’s degree course of study being pur14 sued by that student at the institution at which the 

15 student is in attendance, except that the total 

16 amount that a student may receive under this part 

17 for graduate study shall not exceed $8,000. 

18 ‘‘(3) REMEDIAL COURSE; STUDY ABROAD.— 

19 Nothing in this section shall exclude from eligibility 

20 courses of study which are noncredit or remedial in 

21 nature (including courses in English language acqui22 sition) which are determined by the institution to be 

23 necessary to help the student be prepared for the 

24 pursuit of a first undergraduate baccalaureate de25 gree or certificate or, in the case of courses in 
11 

•HR 2835 IH 

1 English language instruction, to be necessary to en2 able the student to utilize already existing knowl3 edge, training, or skills. Nothing in this section shall 

4 exclude from eligibility programs of study abroad 

5 that are approved for credit by the home institution 

6 at which the student is enrolled. 

7 ‘‘SEC. 233. ELIGIBILITY AND APPLICATIONS FOR GRANTS. 

8 ‘‘(a) APPLICATIONS; DEMONSTRATION OF ELIGI9 BILITY.— 

10 ‘‘(1) FILING REQUIRED.—The Secretary shall 

11 from time to time set dates by which students shall 

12 file applications for TEACH Grants under this part. 

13 Each student desiring a TEACH Grant for any year 

14 shall file an application therefore containing such in15 formation and assurances as the Secretary may 

16 deem necessary to enable the Secretary to carry out 

17 the functions and responsibilities of this part. 

18 ‘‘(2) DEMONSTRATION OF ELIGIBILITY.—Each 

19 such application shall contain such information as is 

20 necessary to demonstrate that— 

21 ‘‘(A) if the applicant is an enrolled stu22 dent— 

23 ‘‘(i) the student is an eligible student 

24 for purposes of section 484 (other than 

25 subsection (r) of such section); 
12 

•HR 2835 IH 

1 ‘‘(ii) the student— 

2 ‘‘(I) has a grade point average 

3 that is determined, under standards 

4 prescribed by the Secretary, to be 

5 comparable to a 3.25 average on a 

6 zero to 4.0 scale, except that, if the 

7 student is in the first year of a pro8 gram of undergraduate education, 

9 such grade point average shall be de10 termined on the basis of the student’s 

11 cumulative high school grade point av12 erage; or 

13 ‘‘(II) displayed high academic ap14 titude by receiving a score above the 

15 75th percentile on at least one of the 

16 batteries in a undergraduate or grad17 uate school admissions test; and 

18 ‘‘(iii) the student is completing 

19 coursework and other requirements nec20 essary to begin a career in teaching, or 

21 plans to complete such coursework and re22 quirements prior to graduating; or 

23 ‘‘(B) if the applicant is a current or pro24 spective teacher applying for a grant to obtain 

25 a graduate degree— 
13 

•HR 2835 IH 

1 ‘‘(i) the applicant is a teacher or a re2 tiree from another occupation with exper3 tise in a field in which there is a shortage 

4 of teachers, such as math, science, special 

5 education, English language acquisition, or 

6 another high-need subject; or 

7 ‘‘(ii) the applicant is or was a teacher 

8 who is using high-quality alternative cer9 tification routes, such as Teach for Amer10 ica, to get certified. 

11 ‘‘(b) AGREEMENTS TO SERVE.—Each application 

12 under subsection (a) shall contain or be accompanied by 

13 an agreement by the applicant that— 

14 ‘‘(1) the applicant will— 

15 ‘‘(A) serve as a full-time teacher for a total 

16 of not less than 4 academic years within 8 

17 years after completing the course of study for 

18 which the applicant received a TEACH Grant 

19 under this part; 

20 ‘‘(B) teach— 

21 ‘‘(i) in a school described in section 

22 465(a)(2)(A); and 

23 ‘‘(ii) in any of the following fields: 

24 mathematics, science, a foreign language, 

25 bilingual education, or special education, or 
14 

•HR 2835 IH 

1 as a reading specialist, or another field 

2 documented as high-need by the Federal 

3 Government, State government, or local 

4 education agency and submitted to the 

5 Secretary; and 

6 ‘‘(C) submit evidence of such employment 

7 in the form of a certification by the chief ad8 ministrative officer of the school upon comple9 tion of each year of such service; and 

10 ‘‘(D) comply with the requirements for 

11 being a highly qualified teacher as defined in 

12 section 9101 of the Elementary and Secondary 

13 Education Act of 1965; and 

14 ‘‘(2) in the event that the applicant is deter15 mined to have failed or refused to carry out such 

16 service obligation, the sum of the amounts of such 

17 Grants will be treated as a loan and collected from 

18 the applicant in accordance with subsection (c) and 

19 the regulations thereunder. 

20 ‘‘(c) REPAYMENT FOR FAILURE TO COMPLETE SERV21 ICE.—In the event that any recipient of an TEACH Grant 

22 fails or refuses to comply with the service obligation in 

23 the agreement under subsection (b), the sum of the 

24 amounts of such Grants provided to such recipient shall 

25 be treated as a Direct Loan under part D of title IV, and 
15 

•HR 2835 IH 

1 shall be subject to repayment in accordance with terms 

2 and conditions specified by the Secretary in regulations 

3 under this part.’’. 

4 (b) RECRUITING TEACHERS WITH MATH, SCIENCE, 

5 OR LANGUAGE MAJOR.—Title II of the Higher Education 

6 Act of 1965 is further amended by adding after part C 

7 (as added by subsection (a)) the following new part: 

8 ‘‘PART D—RECRUITING TEACHERS WITH MATH, 

9 SCIENCE, OR LANGUAGE MAJORS 

10 ‘‘SEC. 241. PROGRAM AUTHORIZED. 

11 ‘‘(a) GRANTS AUTHORIZED.—From the amounts ap12 propriated under section 242, the Secretary shall make 

13 competitive grants to institutions of higher education to 

14 improve the availability and recruitment of teachers from 

15 among students majoring in math, science, foreign lan16 guages, special education, or teaching the English lan17 guage to students with limited English proficiency. In 

18 making such grants, the Secretary shall give priority to 

19 programs that focus on preparing teachers in subjects in 

20 which there is a shortage of highly qualified teachers and 

21 that prepare students to teach in high-need schools. 

22 ‘‘(b) APPLICATION.—Any institution of higher edu23 cation desiring to obtain a grant under this part shall sub24 mit to the Secretary an application at such time, in such 
16 

•HR 2835 IH 

1 form, and containing such information and assurances as 

2 the Secretary may require, which shall— 

3 ‘‘(1) include reporting on baseline production of 

4 teachers with expertise in math, science, a foreign 

5 language, or teaching English language learners; 

6 and 

7 ‘‘(2) establish a goal and timeline for increasing 

8 the number of such teachers who are prepared by 

9 the institution. 

10 ‘‘(c) USE OF FUNDS.—Funds made available by 

11 grant under this part— 

12 ‘‘(1) shall be used to create new recruitment in13 centives to teaching from other majors, with an em14 phasis on high-need subjects such as math, science, 

15 foreign languages, and teaching the English lan16 guage to students with limited English proficiency; 

17 ‘‘(2) may be used to upgrade curriculum in 

18 order to provide all students studying to become 

19 teachers with high-quality instructional strategies for 

20 teaching reading and teaching the English language 

21 to students with limited English proficiency, and for 

22 modifying instruction to teach students with special 

23 needs; 

24 ‘‘(3) may be used to integrate school of edu25 cation faculty with other arts and science faculty in 
17 

•HR 2835 IH 

1 math, science, foreign languages, and teaching the 

2 English language to students with limited English 

3 proficiency through steps such as— 

4 ‘‘(A) dual appointments for faculty be5 tween schools of education and schools of arts 

6 and science; and 

7 ‘‘(B) integrating coursework with clinical 

8 experience; and 

9 ‘‘(4) may be used to develop strategic plans be10 tween schools of education and local school districts 

11 to better prepare teachers for high-need schools, in12 cluding the creation of professional development 

13 partnerships for training new teachers in state-of14 the-art practice. 

15 ‘‘SEC. 242. AUTHORIZATION OF APPROPRIATIONS. 

16 ‘‘There are authorized to be appropriated to make 

17 grants under this part $200,000,000 for fiscal year 2006 

18 and such sums as may be necessary for each of the 5 suc19 ceeding fiscal years.’’. 

20 (c) PART A AUTHORIZATION.—Section 210 of the 

21 Higher Education Act of 1965 (20 U.S.C. 1030) is 

22 amended— 

23 (1) by striking ‘‘$300,000,000 for fiscal year 

24 1999’’ and inserting ‘‘$400,000,000 for fiscal year 

25 2006’’; and 
18 

•HR 2835 IH 

1 (2) by striking ‘‘4 succeeding’’ and inserting ‘‘5 

2 succeeding’’. 

3 SEC. 102. EXTENDING AND EXPANDING TEACHER LOAN 

4 FORGIVENESS. 

5 (a) PERMANENT EXTENSION.—Section 3(b)(3) of the 

6 Taxpayer-Teacher Protection Act of 2004 (P.L. 108–409, 

7 118 Stat. 2300) is amended by striking ‘‘1998, and before 

8 October 1, 2005’’ and inserting ‘‘1998’’. 

9 (b) INCREASED AMOUNT; APPLICABILITY OF EX10 PANDED PROGRAM TO READING SPECIALIST.—Sections 

11 428J(c)(3) and 460(c)(3) of the Higher Education Act of 

12 1965 (20 U.S.C. 1078–10(c)(3), 1087j(c)(3)) are each 

13 amended— 

14 (1) by striking ‘‘$17,500’’ and inserting 

15 ‘‘$20,000’’; 

16 (2) by striking ‘‘and’’ at the end of subpara17 graph (A); 

18 (3) by striking the period at the end of sub19 paragraph (B) and inserting ‘‘; and’’; and 

20 (4) by adding at the end the following new sub21 paragraph: 

22 ‘‘(C) an elementary or secondary school 

23 teacher who primarily teaches reading and 

24 who— 
19 

•HR 2835 IH 

1 ‘‘(i) has obtained a separate reading 

2 instruction credential from the State in 

3 which the teacher is employed; and 

4 ‘‘(ii) who is certified by the chief ad5 ministrative officer of the public or non6 profit private elementary or secondary 

7 school in which the borrower is employed 

8 to teach reading— 

9 ‘‘(I) as being proficient in teach10 ing the essential components of read11 ing instruction as defined in section 

12 1208 of the Elementary and Sec13 ondary Education Act of 1965; and 

14 ‘‘(II) as having such credential.’’. 

15 (c) ANNUAL INCREMENTS INSTEAD OF END OF

16 SERVICE LUMP SUMS.—Sections 428J(c) and 460(c) of 

17 such Act are further amended by adding at the end the 

18 following new paragraph: 

19 ‘‘(4) ANNUAL INCREMENTS.—Notwithstanding 

20 paragraph (1), in the case of an individual quali21 fying for loan forgiveness under paragraph (3), the 

22 Secretary shall, in lieu of waiting to assume an obli23 gation only upon completion of 5 complete years of 

24 service, assume the obligation to repay— 
20 

•HR 2835 IH 

1 ‘‘(A) after each of the first or second years 

2 of service by an individual in a position quali3 fying under paragraph (3), 15 percent of the 

4 total amount of principal and interest of the 

5 loans described in paragraph (1) to such indi6 vidual that are outstanding immediately pre7 ceding such first year of such service; 

8 ‘‘(B) after each of the third or fourth years 

9 of such service, 20 percent of such total 

10 amount; and 

11 ‘‘(C) after the fifth year of such service, 30 

12 percent of such total amount.’’. 

13 TITLE II—CLOSING THE 

14 TEACHER DISTRIBUTION GAP 

15 SEC. 201. GRANTS TO LOCAL EDUCATIONAL AGENCIES TO 

16 PROVIDE PREMIUM PAY TO TEACHERS IN 

17 HIGH-NEED SCHOOLS. 

18 Title II of the Elementary and Secondary Education 

19 Act of 1965 (20 U.S.C. 6601 et seq.) is amended by add20 ing at the end the following: 

21 ‘‘PART E—TEACHER EXCELLENCE FOR ALL 

22 CHILDREN 

23 ‘‘SEC. 2500. DEFINITIONS. 

24 ‘‘In this part: 
21 

•HR 2835 IH 

1 ‘‘(1) The term ‘high-need local educational 

2 agency’ means a local educational agency— 

3 ‘‘(A) that serves not fewer than 10,000 

4 children from families with incomes below the 

5 poverty line, or for which not less than 20 per6 cent of the children served by the agency are 

7 from families with incomes below the poverty 

8 line; and 

9 ‘‘(B) that is having or expected to have 

10 difficulty filling teacher vacancies or hiring new 

11 teachers who are highly qualified. 

12 ‘‘(2) The term ‘value-added longitudinal data 

13 system’ means a longitudinal data system for deter14 mining value-added student achievement gains. 

15 ‘‘(3) The term ‘value-added student achieve16 ment gains’ means student achievement gains deter17 mined by means of a system that— 

18 ‘‘(A) is sufficiently sophisticated and 

19 valid— 

20 ‘‘(i) to deal with the problem of stu21 dents with incomplete records; 

22 ‘‘(ii) to enable estimates to be precise 

23 and to use all the data for all students in 

24 multiple years, regardless of sparseness, in 

25 order to avoid measurement error in test 
22 

•HR 2835 IH 

1 scores (such as by using multivariate, lon2 gitudinal analyses); and 

3 ‘‘(iii) to protect against inappropriate 

4 testing practices or improprieties in test 

5 administration; 

6 ‘‘(B) includes a way to acknowledge the ex7 istence of influences on student growth, such as 

8 pull-out programs for support beyond standard 

9 delivery of instruction, so that affected teachers 

10 do not receive an unfair advantage; and 

11 ‘‘(C) has the capacity to assign various 

12 proportions of student growth to multiple teach13 ers when the classroom reality, such as team 

14 teaching and departmentalized instruction, 

15 makes such type of instruction an issue. 

16 ‘‘Subpart 1—Distribution 

17 ‘‘SEC. 2501. PREMIUM PAY; LOAN REPAYMENT. 

18 ‘‘(a) GRANTS.—The Secretary shall make grants to 

19 local educational agencies to provide higher salaries to ex20 emplary, highly qualified principals and exemplary, highly 

21 qualified teachers with at least 3 years of experience, in22 cluding teachers certified by the National Board for Pro23 fessional Teaching Standards, if the principal or teacher 

24 agrees to serve full-time for a period of 4 consecutive 
23 

•HR 2835 IH 

1 school years at a public high-need elementary school or 

2 a public high-need secondary school. 

3 ‘‘(b) USE OF FUNDS.—A local educational agency 

4 that receives a grant under this section may use funds 

5 made available through the grant— 

6 ‘‘(1) to provide to exemplary, highly qualified 

7 principals up to $15,000 as an annual bonus for 

8 each of 4 consecutive school years if the principal 

9 commits to work full-time for such period in a public 

10 high-need elementary school or a public high-need 

11 secondary school; and 

12 ‘‘(2) to provide to exemplary, highly qualified 

13 teachers— 

14 ‘‘(A) up to $10,000 as an annual bonus for 

15 each of 4 consecutive school years if the teacher 

16 commits to work full-time for such period in a 

17 public high-need elementary school or a public 

18 high-need secondary school; or 

19 ‘‘(B) up to $12,500 as an annual bonus 

20 for each of 4 consecutive school years if the 

21 teacher commits to work full-time for such pe22 riod teaching a subject for which there is a doc23 umented shortage of teachers in a public high24 need elementary school or a public high-need 

25 secondary school. 
24 

•HR 2835 IH 

1 ‘‘(c) TIMING OF PAYMENT.—A local educational 

2 agency providing an annual bonus to a principal or teacher 

3 under subsection (b) shall pay the bonus on completion 

4 of the service requirement by the principal or teacher for 

5 the applicable year. 

6 ‘‘(d) GRANT PERIOD.—The Secretary shall make 

7 grants under this section in yearly installments for a total 

8 period of 4 years. 

9 ‘‘(e) OBSERVATION, FEEDBACK, AND EVALUA10 TION.—The Secretary may make a grant to a local edu11 cational agency under this section only if the State in 

12 which the agency is located or the agency has in place 

13 or proposes a plan, developed on a collaborative basis with 

14 the local teacher organization, to develop a system in 

15 which principals and, if available, master teachers rate 

16 teachers as exemplary. Such a system shall be— 

17 ‘‘(1) based on strong learning gains for stu18 dents; 

19 ‘‘(2) based on classroom observation and feed20 back at least four times annually; 

21 ‘‘(3) conducted by multiple sources, including 

22 master teachers and principals; and 

23 ‘‘(4) evaluated against research-validated ru24 brics that use planning, instructional, and learning 
25 

•HR 2835 IH 

1 environment standards to measure teaching perform2 ance. 

3 ‘‘(f) APPLICATION REQUIREMENTS.—To seek a grant 

4 under this section, a local educational agency shall submit 

5 an application at such time, in such manner, and con6 taining such information as the Secretary reasonably re7 quires. At a minimum, the application shall include the 

8 following: 

9 ‘‘(1) A description of the agency’s proposed new 

10 teacher hiring timeline, including interim goals for 

11 any phase-in period. 

12 ‘‘(2) An assurance that the agency will— 

13 ‘‘(A) pay matching funds for the program 

14 carried out with the grant, which matching 

15 funds may be derived from funds received under 

16 other provisions of this title; 

17 ‘‘(B) commit to making the program sus18 tainable over time; 

19 ‘‘(C) create incentives to bring a critical 

20 mass of exemplary, highly qualified teachers to 

21 each school whose teachers will receive assist22 ance under this section; 

23 ‘‘(D) improve the school’s working condi24 tions through activities that may include but 

25 are not limited to— 
26 

•HR 2835 IH 

1 ‘‘(i) reducing class size; 

2 ‘‘(ii) ensuring availability of classroom 

3 materials, textbooks, and other supplies; 

4 ‘‘(iii) improving or modernizing facili5 ties; and 

6 ‘‘(iv) upgrading safety; and 

7 ‘‘(E) accelerate the timeline for hiring new 

8 teachers in order to minimize the withdrawal of 

9 high-quality teacher applicants and secure the 

10 best new teacher talent for their hardest-to11 staff schools. 

12 ‘‘(3) An assurance that, in identifying exem13 plary teachers, the system described in paragraph 

14 (1) will take into consideration— 

15 ‘‘(A) growth of the teacher’s students on 

16 any tests required by the State educational 

17 agency; 

18 ‘‘(B) value-added student achievement 

19 gains if such teacher is in a State that uses 

20 value-added longitudinal data system; 

21 ‘‘(C) National Board for Professional 

22 Teaching Standards certification; and 

23 ‘‘(D) evidence of teaching skill documented 

24 in performance-based assessments. 
27 

•HR 2835 IH 

1 ‘‘(g) HIRING HIGHLY QUALIFIED TEACHERS EARLY

2 AND IN A TIMELY MANNER.— 

3 ‘‘(1) IN GENERAL.—In addition to the require4 ments of subsection (f), an application under such 

5 subsection shall include a description of the steps 

6 the local educational agency will take to enable all 

7 or a subset of the agency’s schools to hire new high8 ly qualified teachers early and in a timely manner, 

9 including— 

10 ‘‘(A) requiring a clear and early notifica11 tion date for retiring teachers that is no later 

12 than March 15 each year; 

13 ‘‘(B) providing schools with their staffing 

14 allocations no later than April of the preceding 

15 school year; 

16 ‘‘(C) enabling schools to consider external 

17 candidates at the same time as internal can18 didates for available positions; 

19 ‘‘(D) moving up the teacher transfer pe20 riod to April and not requiring schools to hire 

21 transferring or ‘excessed’ teachers from other 

22 schools without selection and consent; and 

23 ‘‘(E) establishing and implementing a new 

24 principal accountability framework to ensure 
28 

•HR 2835 IH 

1 that principals with increased hiring authority 

2 are improving teacher quality. 

3 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in 

4 this subsection shall be construed to alter or other5 wise affect the rights, remedies, and procedures af6 forded school or district employees under Federal, 

7 State, or local laws (including applicable regulations 

8 or court orders) or under the terms of collective bar9 gaining agreements, memoranda of understanding, 

10 or other agreements between such employees and 

11 their employers. 

12 ‘‘(h) PRIORITY.—In providing higher salaries to prin13 cipals and teachers under this section, a local educational 

14 agency shall give priority to principals and teachers at 

15 schools identified under section 1116 for school improve16 ment, corrective action, or restructuring. 

17 ‘‘(i) DEFINITIONS.—In this section: 

18 ‘‘(1) The term ‘high-need’ means, with respect 

19 to an elementary school or a secondary school, a 

20 school that serves an eligible school attendance area 

21 in which not less than 65 percent of the children are 

22 from low-income families, based on the number of 

23 children eligible for free and reduced priced lunches 

24 under the Richard B. Russell National School Lunch 
29 

•HR 2835 IH 

1 Act, or in which not less than 65 percent of the chil2 dren enrolled are from such families. 

3 ‘‘(2) The term ‘documented shortage of teach4 ers’— 

5 ‘‘(A) means a shortage of teachers docu6 mented in the needs assessment submitted 

7 under section 2122 by the local educational 

8 agency involved or some other official dem9 onstration of shortage by the local educational 

10 agency; and 

11 ‘‘(B) may include such a shortage in math, 

12 science, a foreign language, special education, 

13 bilingual education, or reading. 

14 ‘‘(3) The term ‘exemplary, highly qualified prin15 cipal’ means a principal who— 

16 ‘‘(A) demonstrates a belief that every stu17 dent can achieve at high levels; 

18 ‘‘(B) demonstrates an ability to drive sub19 stantial gains in academic achievement for all 

20 students while closing the achievement gap for 

21 those farthest from meeting standards; 

22 ‘‘(C) uses data to drive instructional im23 provement; 

24 ‘‘(D) provides ongoing support and devel25 opment for teachers; and 
30 

•HR 2835 IH 

1 ‘‘(E) builds a positive school community, 

2 treating every student with respect and rein3 forcing high expectations for all. 

4 ‘‘(4) The term ‘exemplary, highly qualified 

5 teacher’ means a highly qualified teacher who is 

6 rated as exemplary pursuant to a system described 

7 in subsection (e). 

8 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—To 

9 carry out this section, there are authorized to be appro10 priated $2,200,000,000 for fiscal year 2006 and such 

11 sums as may be necessary for each of the 5 succeeding 

12 fiscal years. 

13 ‘‘SEC. 2502. CAREER LADDERS FOR TEACHERS PROGRAM. 

14 ‘‘(a) GRANTS.—The Secretary may make grants to 

15 local educational agencies to establish and implement a 

16 Career Ladders for Teachers Program in which the agen17 cy— 

18 ‘‘(1) augments the salary of teachers in high19 need elementary schools and secondary schools to 

20 correspond to the increasing responsibilities and 

21 leadership roles assumed by the teachers as they 

22 take on new professional roles (such as serving on 

23 school leadership teams, serving as instructional 

24 coaches, and serving in hybrid roles), including by— 
31 

•HR 2835 IH 

1 ‘‘(A) providing up to $10,000 as an annual 

2 augmentation to master teachers (including 

3 teachers serving as master teachers as part of 

4 a state-of the-art teacher induction program 

5 under section 2511); and 

6 ‘‘(B) providing up to $5,000 as an annual 

7 augmentation to mentor teachers (including 

8 teachers serving as mentor teachers as part of 

9 a state-of the-art teacher induction program 

10 under section 2511); 

11 ‘‘(2) provides up to $4,000 as an annual bonus 

12 to all career teachers, master teachers, and mentor 

13 teachers in high-need elementary schools and sec14 ondary schools based on a combination of— 

15 ‘‘(A) at least 3 classroom evaluations over 

16 the course of the year; and 

17 ‘‘(B) the performance of the teacher’s stu18 dents as determined by— 

19 ‘‘(i) student growth on any test that is 

20 required by the State educational agency 

21 or local educational agency and is adminis22 tered to the teacher’s students; and 

23 ‘‘(ii) in States or local educational 

24 agencies with value-added longitudinal 

25 data systems, whole-school value-added 
32 

•HR 2835 IH 

1 student achievement gains and classroom2 level value-added student achievement 

3 gains; or 

4 ‘‘(3) provides up to $4,000 as an annual bonus 

5 to principals in elementary schools and secondary 

6 schools based on the performance of the school’s stu7 dents, taking into consideration whole-school value8 added student achievement gains in States that have 

9 value-added longitudinal data systems and in which 

10 information on whole-school value-added student 

11 achievement gains is available. 

12 ‘‘(b) DEMONSTRATED LEVEL OF PROFICIENCY.— 

13 ‘‘(1) REQUIREMENT.—A local educational agen14 cy may not use a grant to augment a teacher’s sal15 ary through a performance bonus under subsection 

16 (a)(2) unless the teacher demonstrates an increased 

17 level of proficiency as demonstrated through— 

18 ‘‘(A) in States without value-added longitu19 dinal data systems, multiple annual evaluations 

20 described in paragraph (2); and 

21 ‘‘(B) in States with value-added longitu22 dinal data systems, value-added student 

23 achievement gains. 

24 ‘‘(2) EVALUATIONS.—An evaluation described 

25 in this paragraph shall— 
33 

•HR 2835 IH 

1 ‘‘(A) be conducted by multiple evaluators, 

2 including master teachers and the principal; 

3 ‘‘(B) be based on classroom observation at 

4 least 3 times annually; and 

5 ‘‘(C) be evaluated against research-vali6 dated benchmarks that use planning, instruc7 tional, and learning environment standards to 

8 measure teacher performance. 

9 ‘‘(c) ELIGIBILITY REQUIREMENT.—A local edu10 cational agency may not use any funds under this section 

11 to establish or implement a Career Ladders for Teachers 

12 Program unless— 

13 ‘‘(1) the percentage of teachers required by pre14 vailing union rules votes affirmatively to adopt the 

15 program; or 

16 ‘‘(2) in States that do not recognize collective 

17 bargaining between local educational agencies and 

18 teacher organizations, at least 75 percent of the 

19 teachers in the local educational agency must vote 

20 affirmatively to adopt the program. 

21 ‘‘(d) DEFINITIONS.—In this section: 

22 ‘‘(1) The term ‘career teacher’ means a teacher 

23 who has a bachelor’s degree and full credentials or 

24 alternative certification including a passing level on 
34 

•HR 2835 IH 

1 elementary or secondary subject matter assessments 

2 and professional knowledge assessments. 

3 ‘‘(2) The term ‘mentor teacher’ means a teach4 er who— 

5 ‘‘(A) has a bachelor’s degree and full cre6 dentials or alternative certification including a 

7 passing level on any applicable elementary or 

8 secondary subject matter assessments and pro9 fessional knowledge assessments; 

10 ‘‘(B) has a portfolio and a classroom dem11 onstration showing instructional excellence; 

12 ‘‘(C) has an ability, as demonstrated by 

13 student data, to increase student achievement 

14 through utilizing specific instructional strate15 gies; 

16 ‘‘(D) has a minimum of 3 years of teach17 ing experience; 

18 ‘‘(E) is recommended by the principal and 

19 other current master and mentor teachers; 

20 ‘‘(F) is an excellent instructor and commu21 nicator with an understanding of how to facili22 tate growth in the teachers they are mentoring; 

23 and 
35 

•HR 2835 IH 

1 ‘‘(G) performs well as a mentor in estab2 lished induction and peer review and mentoring 

3 programs. 

4 ‘‘(3) The term ‘master teacher’ means a teacher 

5 who— 

6 ‘‘(A) holds a master’s degree in the rel7 evant academic discipline; 

8 ‘‘(B) has at least 5 years of successful 

9 teaching experience, as measured by perform10 ance evaluations, a portfolio of work, or Na11 tional Board for Professional Teaching Stand12 ards certification; 

13 ‘‘(C) demonstrates expertise in content, 

14 curriculum development, student learning, test 

15 analysis, mentoring, and professional develop16 ment, as demonstrated by an advanced degree, 

17 advanced training, career experience, or Na18 tional Board for Professional Teaching Stand19 ards certification; 

20 ‘‘(D) presents student data that illustrates 

21 the teacher’s ability to increase student achieve22 ment through utilizing specific instructional 

23 interventions; 

24 ‘‘(E) has instructional expertise dem25 onstrated through model teaching, team teach-
36 

•HR 2835 IH 

1 ing, video presentations, student achievement 

2 gains, or National Board for Professional 

3 Teaching Standards certification; 

4 ‘‘(F) may hold a valid National Board for 

5 Professional Teaching Standards certificate, 

6 may have passed another rigorous standard, or 

7 may have been selected as a school, district, or 

8 State teacher of the year; and 

9 ‘‘(G) is currently participating, or has pre10 viously participated, in a professional develop11 ment program that supports classroom teachers 

12 as mentors. 

13 ‘‘(4) The term ‘high-need’, with respect to an 

14 elementary school or a secondary school, has the 

15 meaning given to that term in section 2501. 

16 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—To 

17 carry out this section, there are authorized to be appro18 priated $200,000,000 for fiscal year 2006 and such sums 

19 as may be necessary for each of the 5 succeeding fiscal 

20 years.’’. 
37 

•HR 2835 IH 

1 TITLE III—IMPROVING TEACHER 

2 PREPARATION 

3 SEC. 301. AMENDMENT TO ELEMENTARY AND SECONDARY 

4 EDUCATION ACT OF 1965. 

5 Part E of title II of the Elementary and Secondary 

6 Education Act of 1965 (20 U.S.C. 6601 et seq.), as added 

7 by title II of this Act, is amended by adding at the end 

8 the following: 

9 ‘‘Subpart 2—Preparation 

10 ‘‘SEC. 2511. ESTABLISHING STATE-OF-THE-ART TEACHER IN11 DUCTION PROGRAMS. 

12 ‘‘(a) GRANTS.—The Secretary may make grants to 

13 States and eligible local educational agencies for the pur14 pose of developing state-of-the-art teacher induction pro15 grams. 

16 ‘‘(b) ELIGIBLE LOCAL EDUCATIONAL AGENCY.—In 

17 this section, the term ‘eligible local educational agency’ 

18 means— 

19 ‘‘(1) a high-need local educational agency; or 

20 ‘‘(2) a partnership of a high-need local edu21 cational agency and an institution of higher edu22 cation, a teacher organization, or any other non23 profit education organization. 

24 ‘‘(c) USE OF FUNDS.—A State or an eligible local 

25 educational agency that receives a grant under subsection 
38 

•HR 2835 IH 

1 (a) shall use the funds made available through the grant 

2 to develop a state-of the-art teacher induction program 

3 that— 

4 ‘‘(1) provides new teachers a minimum of 3 

5 years of extensive, high-quality, comprehensive in6 duction into the field of teaching; and 

7 ‘‘(2) includes— 

8 ‘‘(A) structured mentoring from highly 

9 qualified master or mentor teachers who are 

10 certified, have teaching experience similar to 

11 the grade level or subject assignment of the new 

12 teacher, and are trained to mentor new teach13 ers; 

14 ‘‘(B) at least 90 minutes each week of 

15 common meeting time for a new teacher to dis16 cuss student work and teaching under the direc17 tor of a master or mentor teacher; 

18 ‘‘(C) regular classroom observation in the 

19 new teacher’s classroom; 

20 ‘‘(D) observation by the new teacher of the 

21 mentor teacher’s classroom; 

22 ‘‘(E) intensive professional development ac23 tivities for new teachers that result in improved 

24 teaching leading to student achievement, includ25 ing lesson demonstration by master and mentor 
39 

•HR 2835 IH 

1 teachers in the classroom, observation, and 

2 feedback; 

3 ‘‘(F) training in effective instructional 

4 services and classroom management strategies 

5 for mainstream teachers serving students with 

6 disabilities and students with limited English 

7 proficiency; 

8 ‘‘(G) observation of teachers and feedback 

9 at least 4 times each school year by multiple 

10 evaluators, including master teachers and the 

11 principals, using research-validated benchmarks 

12 of teaching skills and standards that are devel13 oped with input from teachers; 

14 ‘‘(H) paid release time for the mentor 

15 teacher for mentoring, or salary supplements 

16 under section 2502, for mentoring new teachers 

17 at a ratio of one full-time mentor to every 12 

18 new teachers; 

19 ‘‘(I) a transition year to the classroom that 

20 includes a reduced workload for beginning 

21 teachers; and 

22 ‘‘(J) a standards-based assessment of 

23 every beginning teacher to determine whether 

24 the teacher should move forward in the teach25 ing profession, which assessment may include 
40 

•HR 2835 IH 

1 examination of practice and a measure of gains 

2 in student learning. 

3 ‘‘(d) ADDITIONAL REQUIREMENT.—The Secretary 

4 shall commission an independent evaluation of state-of 

5 the-art teacher induction programs supported under this 

6 section in order to compare the design and outcome of 

7 various models of induction programs. 

8 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—To 

9 carry out this section, there are authorized to be appro10 priated $300,000,000 for fiscal year 2006 and such sums 

11 as may be necessary for each of the 5 succeeding fiscal 

12 years. 

13 ‘‘SEC. 2512. PEER MENTORING AND REVIEW PROGRAMS. 

14 ‘‘(a) GRANTS.—The Secretary shall make grants to 

15 local educational agencies for peer mentoring and review 

16 programs. 

17 ‘‘(b) USE OF FUNDS.—A local educational agency 

18 that receives a grant under this section shall use the funds 

19 made available through the grant to establish and imple20 ment a peer mentoring and review program. Such a pro21 gram shall be established through collective bargaining 

22 agreements or, in States that do not recognize collective 

23 bargaining between local educational agencies and teacher 

24 organizations, through joint agreements between the local 

25 educational agency and affected teacher organizations. 
41 

•HR 2835 IH 

1 ‘‘(c) APPLICATION.—To seek a grant under this sec2 tion, a local educational agency shall submit an application 

3 at such time, in such manner, and containing such infor4 mation as the Secretary may reasonably require. The Sec5 retary shall require each such application to include the 

6 following: 

7 ‘‘(1) Data from the applicant on recruitment 

8 and retention prior to implementing the induction 

9 program. 

10 ‘‘(2) Measurable goals for increasing retention 

11 after the induction program is implemented. 

12 ‘‘(3) Measures that will be used to determine 

13 whether teacher effectiveness is improved through 

14 participation in the induction program. 

15 ‘‘(4) A plan for evaluating and reporting 

16 progress toward meeting the applicant’s goals. 

17 ‘‘(d) PROGRESS REPORTS.—The Secretary shall re18 quire each grantee under this section to submit progress 

19 reports on an annual basis. 

20 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—To 

21 carry out this section, there are authorized to be appro22 priated $50,000,000 for fiscal year 2006 and such sums 

23 as may be necessary for each of the 5 succeeding fiscal 

24 years. 
42 

•HR 2835 IH 

1 ‘‘SEC. 2513. ESTABLISHING STATE-OF-THE-ART PRINCIPAL 

2 TRAINING AND INDUCTION PROGRAMS AND 

3 PERFORMANCE-BASED PRINCIPAL CERTIFI4 CATION. 

5 ‘‘(a) GRANTS.—The Secretary may make grants to 

6 not more than 10 States to develop, implement, and evalu7 ate pilot programs for performance-based certification and 

8 training of exemplary, highly qualified principals who can 

9 drive gains in academic achievement for all children. 

10 ‘‘(b) PROGRAM REQUIREMENTS.—A pilot program 

11 developed under this section— 

12 ‘‘(1) shall pilot the development, implementa13 tion, and evaluation of a statewide performance14 based system for certifying principals; 

15 ‘‘(2) shall pilot and demonstrate the effective16 ness of statewide performance-based certification 

17 through support for innovative performance-based 

18 programs on a smaller scale; 

19 ‘‘(3) shall provide for certification of principals 

20 by institutions with strong track records, such as a 

21 local educational agency, nonprofit organization, or 

22 business school, that is approved by the State for 

23 purposes of such certification and has formalized 

24 partnerships with in-State local educational agencies; 

25 ‘‘(4) may be used to develop, sustain, and ex26 pand model programs for recruiting and training as-
43 

•HR 2835 IH 

1 piring and new principals in both instructional lead2 ership and general management skills; 

3 ‘‘(5) shall include evaluation of the results of 

4 the pilot program and other in-State programs of 

5 principal preparation (which evaluation may include 

6 value-added assessment scores of all children in a 

7 school and should emphasize the correlation of aca8 demic achievement gains in schools led by partici9 pating principals and the characteristics and skills 

10 demonstrated by those individuals when applying to 

11 and participating in the program) to inform the de12 sign of certification of individuals to become school 

13 leaders in the State; and 

14 ‘‘(6) shall make possible interim certification 

15 for up to 2 years for aspiring principals partici16 pating in the pilot program who— 

17 ‘‘(A) have not yet attained full certifi18 cation; 

19 ‘‘(B) are serving as assistant principals or 

20 principal residents, or in positions of similar re21 sponsibility; and 

22 ‘‘(C) have met clearly defined criteria for 

23 entry into the program that are approved by 

24 the applicable local educational agency. 
44 

•HR 2835 IH 

1 ‘‘(c) PRIORITY.—In selecting grant recipients under 

2 this section, the Secretary shall give priority to States that 

3 will use the grants for one or more high-need local edu4 cational agencies and schools. 

5 ‘‘(d) TERMS OF GRANT.—A grant under this sec6 tion— 

7 ‘‘(1) shall be for not more than 5 years; and 

8 ‘‘(2) shall be performance-based, permitting the 

9 Secretary to discontinue funding based on failure of 

10 the State to meet benchmarks identified by the 

11 State. 

12 ‘‘(e) USE OF EVALUATION RESULTS.—A State re13 ceiving a grant under this section shall use the evaluation 

14 results of the pilot program conducted pursuant to the 

15 grant and similar evaluations of other in-State programs 

16 of principal preparation (especially the correlation of aca17 demic achievement gains in schools led by participating 

18 principals and the characteristics and skills demonstrated 

19 by those individuals when applying to and participating 

20 in the pilot program) to inform the design of certification 

21 of individuals to become school leaders in the State. 

22 ‘‘(f) DEFINITIONS.—For the purposes of this section: 

23 ‘‘(1) The term ‘exemplary, highly qualified prin24 cipal’ has the meaning given to that term in section 

25 2501. 
45 

•HR 2835 IH 

1 ‘‘(2) The term ‘performance-based certification 

2 system’ means a certification system that— 

3 ‘‘(A) is based on a clearly defined set of 

4 standards for skills and knowledge needed by 

5 new principals; 

6 ‘‘(B) is not based on numbers of hours en7 rolled in particular courses; 

8 ‘‘(C) certifies participating individuals to 

9 become school leaders primarily based on— 

10 ‘‘(i) their demonstration of those skills 

11 through a formal assessment aligned to 

12 these standards; and 

13 ‘‘(ii) academic achievement results in 

14 a school leadership role such as a residency 

15 or an assistant principalship; and 

16 ‘‘(D) awards certification to individuals 

17 who successfully complete programs at institu18 tions that include local educational agencies, 

19 nonprofit organizations, and business schools 

20 approved by the State for purposes of such cer21 tification and have formalized partnerships with 

22 in-State local educational agencies. 

23 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—To 

24 carry out this section, there are authorized to be appro25 priated $100,000,000 for fiscal year 2006 and such sums 
46 

•HR 2835 IH 

1 as may be necessary for each of the 5 succeeding fiscal 

2 years. 

3 ‘‘SEC. 2514. STUDY ON DEVELOPING A PORTABLE PER4 FORMANCE-BASED TEACHER ASSESSMENT. 

5 ‘‘(a) STUDY.— 

6 ‘‘(1) IN GENERAL.—The Secretary shall enter 

7 into an arrangement with an objective evaluation 

8 firm to conduct a study to asses the validity of any 

9 test used for teacher certification or licensure by 

10 multiple States, taking into account the passing 

11 scores adopted by multiple States. The study shall 

12 determine the following: 

13 ‘‘(A) The extent to which tests of content 

14 knowledge represent subject mastery at the bac15 calaureate level. 

16 ‘‘(B) Whether tests of pedagogy reflect the 

17 latest research on teaching and learning. 

18 ‘‘(C) The relationship, if any, between 

19 teachers’ scores on licensure and certification 

20 exams and other measures of teacher effective21 ness, including learning gains achieved by the 

22 teachers’ students. 

23 ‘‘(2) REPORT.—The Secretary shall submit a 

24 report to the Congress on the results of the study 

25 conducted under this subsection. 
47 

•HR 2835 IH 

1 ‘‘(b) GRANT TO CREATE A MODEL PERFORMANCE2 BASED ASSESSMENT.— 

3 ‘‘(1) GRANT.—The Secretary may make 1 

4 grant to an eligible partnership to create a model 

5 performance-based assessment of teaching skills that 

6 reliably evaluates teaching skills in practice and can 

7 be used to facilitate the portability of teacher cre8 dentials and licensing from one State to another. 

9 ‘‘(2) CONSIDERATION OF STUDY.—In creating a 

10 model performance-based assessment of teaching 

11 skills, the recipient of a grant under this section 

12 shall take into consideration the results of the study 

13 conducted under subsection (a). 

14 ‘‘(3) ELIGIBLE PARTNERSHIP.—In this section, 

15 the term ‘eligible partnership’ means a partnership 

16 of— 

17 ‘‘(A) an independent professional organiza18 tion; and 

19 ‘‘(B) an organization that represents ad20 ministrators of State educational agencies.’’. 
48 

•HR 2835 IH 

1 SEC. 302. AMENDMENT TO THE HIGHER EDUCATION ACT 

2 OF 1965: TEACHER QUALITY ENHANCEMENT 

3 GRANTS. 

4 Part A of title II of the Higher Education Act of 

5 1965 is amended by striking sections 206 through 209 

6 (20 U.S.C. 1026–1029) and inserting the following: 

7 ‘‘SEC. 206. ACCOUNTABILITY AND EVALUATION. 

8 ‘‘(a) STATE GRANT ACCOUNTABILITY REPORT.—An 

9 eligible State that receives a grant under section 202 shall 

10 submit an annual accountability report to the Secretary, 

11 the Committee on Health, Education, Labor, and Pen12 sions of the Senate, and the Committee on Education and 

13 the Workforce of the House of Representatives. Such re14 port shall include a description of the degree to which the 

15 eligible State, in using funds provided under such section, 

16 has made substantial progress in meeting the following 

17 goals: 

18 ‘‘(1) PERCENTAGE OF HIGHLY QUALIFIED

19 TEACHERS.—Increasing the percentage of highly 

20 qualified teachers in the State as required by section 

21 1119 of the Elementary and Secondary Education 

22 Act of 1965 (20 U.S.C. 6319). 

23 ‘‘(2) STUDENT ACADEMIC ACHIEVEMENT.—In24 creasing student academic achievement for all stu25 dents, which may be measured through the use of 
49 

•HR 2835 IH 

1 value-added assessments, as defined by the eligible 

2 State. 

3 ‘‘(3) RAISING STANDARDS.—Raising the State 

4 academic standards required to enter the teaching 

5 profession as a highly qualified teacher. 

6 ‘‘(4) INITIAL CERTIFICATION OR LICENSURE.— 

7 Increasing success in the pass rate for initial State 

8 teacher certification or licensure, or increasing the 

9 numbers of qualified individuals being certified or li10 censed as teachers through alternative routes to cer11 tification and licensure. 

12 ‘‘(5) DECREASING TEACHER SHORTAGES.—De13 creasing shortages of highly qualified teachers in 

14 poor urban and rural areas. 

15 ‘‘(6) INCREASING OPPORTUNITIES FOR RE16 SEARCH-BASED PROFESSIONAL DEVELOPMENT.—In17 creasing opportunities for enhanced and ongoing 

18 professional development that— 

19 ‘‘(A) improves the academic content knowl20 edge of teachers in the subject areas in which 

21 the teachers are certified or licensed to teach or 

22 in which the teachers are working toward cer23 tification or licensure to teach; and 

24 ‘‘(B) promotes strong teaching skills. 
50 

•HR 2835 IH 

1 ‘‘(7) TECHNOLOGY INTEGRATION.—Increasing 

2 the number of teachers prepared effectively to inte3 grate technology into curricula and instruction and 

4 who use technology to collect, manage, and analyze 

5 data to improve teaching, learning, and parental in6 volvement decisionmaking for the purpose of increas7 ing student academic achievement. 

8 ‘‘(b) ELIGIBLE PARTNERSHIP EVALUATION.—Each 

9 eligible partnership applying for a grant under section 203 

10 shall establish, and include in the application submitted 

11 under section 203(c), an evaluation plan that includes 

12 strong performance objectives. The plan shall include ob13 jectives and measures for— 

14 ‘‘(1) increased student achievement for all stu15 dents, as measured by the partnership; 

16 ‘‘(2) increased teacher retention in the first 3 

17 years of a teacher’s career; 

18 ‘‘(3) increased success in the pass rate for ini19 tial State certification or licensure of teachers; 

20 ‘‘(4) increased percentage of highly qualified 

21 teachers; and 

22 ‘‘(5) increasing the number of teachers trained 

23 effectively to integrate technology into curricula and 

24 instruction and who use technology to collect, man25 age, and analyze data to improve teaching, learning, 
51 

•HR 2835 IH 

1 and decisionmaking for the purpose of improving 

2 student academic achievement. 

3 ‘‘(c) REVOCATION OF GRANT.— 

4 ‘‘(1) REPORT.—Each eligible State or eligible 

5 partnership receiving a grant under section 202 or 

6 203 shall report annually on the progress of the eli7 gible State or eligible partnership toward meeting 

8 the purposes of this part and the goals, objectives, 

9 and measures described in subsections (a) and (b). 

10 ‘‘(2) REVOCATION.— 

11 ‘‘(A) ELIGIBLE STATES AND ELIGIBLE AP12 PLICANTS.—If the Secretary determines that an 

13 eligible State or eligible applicant is not making 

14 substantial progress in meeting the purposes, 

15 goals, objectives, and measures, as appropriate, 

16 by the end of the second year of a grant under 

17 this part, then the grant payment shall not be 

18 made for the third year of the grant. 

19 ‘‘(B) ELIGIBLE PARTNERSHIPS.—If the 

20 Secretary determines that an eligible partner21 ship is not making substantial progress in 

22 meeting the purposes, goals, objectives, and 

23 measures, as appropriate, by the end of the 

24 third year of a grant under this part, then the 
52 

•HR 2835 IH 

1 grant payments shall not be made for any suc2 ceeding year of the grant. 

3 ‘‘(d) EVALUATION AND DISSEMINATION.—The Sec4 retary shall evaluate the activities funded under this part 

5 and report annually the Secretary’s findings regarding the 

6 activities to the Committee on Health, Education, Labor, 

7 and Pensions of the Senate and the Committee on Edu8 cation and the Workforce of the House of Representatives. 

9 The Secretary shall broadly disseminate successful prac10 tices developed by eligible States and eligible partnerships 

11 under this part, and shall broadly disseminate information 

12 regarding such practices that were found to be ineffective. 

13 ‘‘SEC. 207. ACCOUNTABILITY FOR PROGRAMS THAT PRE14 PARE TEACHERS. 

15 ‘‘(a) STATE REPORT CARD ON THE QUALITY OF

16 TEACHER AND PRINCIPAL PREPARATION.—Each State 

17 that receives funds under this Act shall provide to the Sec18 retary annually, in a uniform and comprehensible manner 

19 that conforms with the definitions and methods estab20 lished by the Secretary, a State report card on the quality 

21 of teacher preparation in the State, both for traditional 

22 certification or licensure programs and for alternative cer23 tification or licensure programs, which shall include at 

24 least the following: 
53 

•HR 2835 IH 

1 ‘‘(1) A description of the teacher and principal 

2 certification and licensure assessments, and any 

3 other certification and licensure requirements, used 

4 by the State. 

5 ‘‘(2) The standards and criteria that prospec6 tive teachers and principals must meet in order to 

7 attain initial teacher and principal certification or li8 censure and to be certified or licensed to teach par9 ticular subjects or in particular grades within the 

10 State. 

11 ‘‘(3) A demonstration of the extent to which the 

12 assessments and requirements described in para13 graph (1) are aligned with the State’s standards and 

14 assessments for students. 

15 ‘‘(4) The percentage of students who have com16 pleted at least 50 percent of the requirements for a 

17 teacher preparation program at an institution of 

18 higher education or alternative certification program 

19 and who have taken and passed each of the assess20 ments used by the State for teacher certification and 

21 licensure, and the passing score on each assessment 

22 that determines whether a candidate has passed that 

23 assessment. 

24 ‘‘(5) For students who have completed at least 

25 50 percent of the requirements for a teacher prepa-
54 

•HR 2835 IH 

1 ration program at an institution of higher education 

2 or alternative certification program, and who have 

3 taken and passed each of the assessments used by 

4 the State for teacher certification and licensure, 

5 each such institution’s and each such program’s av6 erage raw score, ranked by teacher preparation pro7 gram, which shall be made available widely and pub8 licly. 

9 ‘‘(6) A description of each State’s alternative 

10 routes to teacher certification, if any, and the num11 ber and percentage of teachers certified through 

12 each alternative certification route who pass State 

13 teacher certification or licensure assessments. 

14 ‘‘(7) For each State, a description of proposed 

15 criteria for assessing the performance of teacher and 

16 principal preparation programs in the State, includ17 ing indicators of teacher and principal candidate 

18 skills, placement and retention rates (to the extent 

19 feasible), and academic content knowledge and evi20 dence of gains in student academic achievement. 

21 ‘‘(8) For each teacher preparation program in 

22 the State, the number of students in the program, 

23 the number of minority students in the program, the 

24 average number of hours of supervised practice 

25 teaching required for those in the program, and the 
55 

•HR 2835 IH 

1 number of full-time equivalent faculty, adjunct fac2 ulty, and students in supervised practice teaching. 

3 ‘‘(9) For the State as a whole, and for each 

4 teacher preparation program in the State, the num5 ber of teachers prepared, in the aggregate and re6 ported separately by— 

7 ‘‘(A) minority status; 

8 ‘‘(B) level (elementary or secondary); 

9 ‘‘(C) academic major; 

10 ‘‘(D) subject or subjects for which the stu11 dent has been prepared to teach; and 

12 ‘‘(E) teacher candidates who speak a lan13 guage other than English and have been trained 

14 specifically to teach English-language learners. 

15 ‘‘(10) The State shall refer to the data gen16 erated for paragraph (9) to report on the extent to 

17 which teacher preparation programs are helping to 

18 address shortages of qualified teachers, by level, sub19 ject, and specialty, in the State’s public schools, es20 pecially in poor urban and rural areas as required by 

21 section 206(a)(5). 

22 ‘‘(b) REPORT OF THE SECRETARY ON THE QUALITY

23 OF TEACHER PREPARATION.— 

24 ‘‘(1) REPORT CARD.—The Secretary shall pro25 vide to Congress, and publish and make widely avail-
56 

•HR 2835 IH 

1 able, a report card on teacher qualifications and 

2 preparation in the United States, including all the 

3 information reported in paragraphs (1) through (11) 

4 of subsection (a). Such report shall identify States 

5 for which eligible States and eligible partnerships re6 ceived a grant under this part. Such report shall be 

7 so provided, published and made available annually. 

8 ‘‘(2) REPORT TO CONGRESS.—The Secretary 

9 shall report to Congress— 

10 ‘‘(A) a comparison of States’ efforts to im11 prove teaching quality; and 

12 ‘‘(B) regarding the national mean and me13 dian scores on any standardized test that is 

14 used in more than 1 State for teacher certifi15 cation or licensure. 

16 ‘‘(3) SPECIAL RULE.—In the case of programs 

17 with fewer than 10 students who have completed at 

18 least 50 percent of the requirements for a teacher 

19 preparation program taking any single initial teacher 

20 certification or licensure assessment during an aca21 demic year, the Secretary shall collect and publish 

22 information with respect to an average pass rate on 

23 State certification or licensure assessments taken 

24 over a 3-year period. 
57 

•HR 2835 IH 

1 ‘‘(c) COORDINATION.—The Secretary, to the extent 

2 practicable, shall coordinate the information collected and 

3 published under this part among States for individuals 

4 who took State teacher certification or licensure assess5 ments in a State other than the State in which the indi6 vidual received the individual’s most recent degree. 

7 ‘‘(d) INSTITUTION AND PROGRAM REPORT CARDS ON

8 QUALITY OF TEACHER PREPARATION.— 

9 ‘‘(1) REPORT CARD.—Each institution of higher 

10 education or alternative certification program that 

11 conducts a teacher preparation program that enrolls 

12 students receiving Federal assistance under this Act 

13 shall report annually to the State and the general 

14 public, in a uniform and comprehensible manner 

15 that conforms with the definitions and methods es16 tablished by the Secretary, both for traditional cer17 tification or licensure programs and for alternative 

18 certification or licensure programs, the following in19 formation, disaggregated by major racial and ethnic 

20 groups: 

21 ‘‘(A) PASS RATE.—(i) For the most recent 

22 year for which the information is available, the 

23 pass rate of each student who has completed at 

24 least 50 percent of the requirements for the 

25 teacher preparation program on the teacher cer-
58 

•HR 2835 IH 

1 tification or licensure assessments of the State 

2 in which the institution is located, but only for 

3 those students who took those assessments 

4 within 3 years of receiving a degree from the 

5 institution or completing the program. 

6 ‘‘(ii) A comparison of the institution or 

7 program’s pass rate for students who have com8 pleted at least 50 percent of the requirements 

9 for the teacher preparation program with the 

10 average pass rate for institutions and programs 

11 in the State. 

12 ‘‘(iii) A comparison of the institution or 

13 program’s average raw score for students who 

14 have completed at least 50 percent of the re15 quirements for the teacher preparation program 

16 with the average raw scores for institutions and 

17 programs in the State. 

18 ‘‘(iv) In the case of programs with fewer 

19 than 10 students who have completed at least 

20 50 percent of the requirements for a teacher 

21 preparation program taking any single initial 

22 teacher certification or licensure assessment 

23 during an academic year, the institution shall 

24 collect and publish information with respect to 
59 

•HR 2835 IH 

1 an average pass rate on State certification or li2 censure assessments taken over a 3-year period. 

3 ‘‘(v) A report on the number of times can4 didates have to take the test before passing. 

5 ‘‘(B) PROGRAM INFORMATION.—The num6 ber of students in the program, the average 

7 number of hours of supervised practice teaching 

8 required for those in the program, and the 

9 number of full-time equivalent faculty and stu10 dents in supervised practice teaching. 

11 ‘‘(C) STATEMENT.—In States that require 

12 approval or accreditation of teacher education 

13 programs, a statement of whether the institu14 tion’s program is so approved or accredited, 

15 and by whom. 

16 ‘‘(D) DESIGNATION AS LOW-PER17 FORMING.—Whether the program has been des18 ignated as low-performing by the State under 

19 section 208(a). 

20 ‘‘(2) REQUIREMENT.—The information de21 scribed in paragraph (1) shall be reported through 

22 publications such as school catalogs and promotional 

23 materials sent to potential applicants, secondary 

24 school guidance counselors, and prospective employ-
60 

•HR 2835 IH 

1 ers of the institution’s program graduates, including 

2 materials sent by electronic means. 

3 ‘‘(3) FINES.—In addition to the actions author4 ized in section 487(c), the Secretary may impose a 

5 fine not to exceed $25,000 on an institution of high6 er education for failure to provide the information 

7 described in this subsection in a timely or accurate 

8 manner. 

9 ‘‘(e) DATA QUALITY.—Either— 

10 ‘‘(1) the Governor of the State; or 

11 ‘‘(2) in the case of a State for which the con12 stitution or law of such State designates another in13 dividual, entity, or agency in the State to be respon14 sible for teacher certification and preparation activ15 ity, such individual, entity, or agency; 

16 shall attest annually, in writing, as to the reliability, valid17 ity, integrity, and accuracy of the data submitted pursuant 

18 to this section. 

19 ‘‘SEC. 208. STATE FUNCTIONS. 

20 ‘‘(a) STATE ASSESSMENT.—In order to receive funds 

21 under this Act, a State shall have in place a procedure 

22 to identify and assist, through the provision of technical 

23 assistance, low-performing programs of teacher prepara24 tion within institutions of higher education. Such State 

25 shall provide the Secretary an annual list of such low-per-
61 

•HR 2835 IH 

1 forming institutions that includes an identification of 

2 those institutions at risk of being placed on such list. Such 

3 levels of performance shall be determined solely by the 

4 State and may include criteria based upon information col5 lected pursuant to this part. Such assessment shall be de6 scribed in the report under section 207(a). A State receiv7 ing Federal funds under this title shall develop plans to 

8 close or reconstitute underperforming programs of teacher 

9 preparation within institutions of higher education. 

10 ‘‘(b) TERMINATION OF ELIGIBILITY.—Any institu11 tion of higher education that offers a program of teacher 

12 preparation in which the State has withdrawn the State’s 

13 approval or terminated the State’s financial support due 

14 to the low performance of the institution’s teacher prepa15 ration program based upon the State assessment described 

16 in subsection (a)— 

17 ‘‘(1) shall be ineligible for any funding for pro18 fessional development activities awarded by the De19 partment of Education; and 

20 ‘‘(2) shall not be permitted to accept or enroll 

21 any student who receives aid under title IV of this 

22 Act in the institution’s teacher preparation program. 

23 ‘‘SEC. 209. GENERAL PROVISIONS. 

24 ‘‘In complying with sections 207 and 208, the Sec25 retary shall ensure that States and institutions of higher 
62 

•HR 2835 IH 

1 education use fair and equitable methods in reporting and 

2 that the reporting methods do not allow identification of 

3 individuals.’’. 

4 SEC. 303. ENFORCING NCLB’S TEACHER EQUITY PROVI5 SION. 

6 Subpart 2 of part E of title IX of the Elementary 

7 and Secondary Education Act of 1965 (20 U.S.C. 7901) 

8 is amended by adding at the end the following: 

9 ‘‘SEC. 9537. ASSURANCE OF REASONABLE PROGRESS TO10 WARD EQUITABLE ACCESS TO TEACHER 

11 QUALITY. 

12 ‘‘(a) IN GENERAL.—The Secretary may not provide 

13 any assistance to a State under this Act unless, in the 

14 State’s application for such assistance, the State— 

15 ‘‘(1) provides the plan required by section 

16 1111(b)(8)(C) and at least one public report pursu17 ant to that section; 

18 ‘‘(2) clearly articulates the measures the State 

19 is using to determine whether poor and minority stu20 dents are being taught disproportionately by inexpe21 rienced, unqualified, or out-of-field teachers; 

22 ‘‘(3) includes an evaluation of the success of the 

23 State’s plan required by section 1111(b)(8)(C) in 

24 addressing any such disparities; 
63 

•HR 2835 IH 

1 ‘‘(4) with respect to any such disparities, pro2 poses modifications to such plan; and 

3 ‘‘(5) includes a description of the State’s activi4 ties to monitor the compliance of local educational 

5 agencies in the State with section 1112(c)(1)(L). 

6 ‘‘(b) EFFECTIVE DATE.—This section applies with 

7 respect to any assistance under this Act for which an ap8 plication is submitted after the date of the enactment of 

9 this section. ’’. 

10 TITLE IV—EQUIPPING TEACH11 ERS, SCHOOLS, LOCAL EDU12 CATIONAL AGENCIES, AND 

13 STATES WITH THE 21st CEN14 TURY DATA, TOOLS, AND AS15 SESSMENTS THEY NEED 

16 SEC. 401. 21ST CENTURY DATA, TOOLS, AND ASSESSMENTS. 

17 Part E of title II of the Elementary and Secondary 

18 Education Act of 1965 (20 U.S.C. 6601 et seq.), as added 

19 by titles II and III of this Act, is amended by adding at 

20 the end the following: 

21 ‘‘Subpart 3—21st Century Data, Tools, and 

22 Assessments 

23 ‘‘SEC. 2521. DEVELOPING VALUE-ADDED DATA SYSTEMS. 

24 ‘‘(a) TEACHER AND PRINCIPAL EVALUATION.— 
64 

•HR 2835 IH 

1 ‘‘(1) GRANTS.—The Secretary shall make 

2 grants to States to develop and implement statewide 

3 data systems to collect and analyze data on the ef4 fectiveness of elementary school and secondary 

5 school teachers and principals, based on value-added 

6 student achievement gains, for the purposes of— 

7 ‘‘(A) determining the distribution of effec8 tive teachers and principals in schools across 

9 the State; 

10 ‘‘(B) developing measures for helping 

11 teachers and principals to improve their in12 struction; and 

13 ‘‘(C) evaluating effectiveness of teacher 

14 and principal preparation programs. 

15 ‘‘(2) DATA REQUIREMENTS.—At a minimum, a 

16 statewide data system under this section shall— 

17 ‘‘(A) track student course-taking patterns 

18 and teacher characteristics, such as certification 

19 status and performance on licensure exams; and 

20 ‘‘(B) allow for the analysis of gains in 

21 achievement made by individual students over 

22 time, including gains demonstrated through stu23 dent academic assessments under section 1111 

24 and tests required by the State for course com25 pletion. 
65 

•HR 2835 IH 

1 ‘‘(3) STANDARDS.—The Secretary shall develop 

2 standards for the collection of data with grant funds 

3 under this section to ensure that such data are sta4 tistically valid and reliable. 

5 ‘‘(4) APPLICATION.—To seek a grant under this 

6 section, a State shall submit an application at such 

7 time, in such manner, and containing such informa8 tion as the Secretary may require. At a minimum, 

9 each such application shall demonstrate to the Sec10 retary’s satisfaction that the the assessments used 

11 by the State to collect and analyze data for purposes 

12 of this subsection— 

13 ‘‘(A) are aligned to State standards; 

14 ‘‘(B) have the capacity to assess the 

15 highest- and lowest-performing students; and 

16 ‘‘(C) are statistically valid and reliable. 

17 ‘‘(b) TEACHER TRAINING.—The Secretary may make 

18 grants to institutions of higher education, local edu19 cational agencies, nonprofit organizations, and teacher or20 ganizations to develop and implement innovative programs 

21 to provide preservice and in-service training to elementary 

22 and secondary schools on— 

23 ‘‘(1) understanding increasingly sophisticated 

24 student achievement data, especially data derived 

25 from value-added longitudinal data systems; and 
66 

•HR 2835 IH 

1 ‘‘(2) using such data to improve classroom in2 struction. 

3 ‘‘(c) STUDY.—The Secretary shall enter into an 

4 agreement with the National Academy of Sciences— 

5 ‘‘(1) to evaluate the quality of data on the ef6 fectiveness of elementary and secondary school 

7 teachers, based on value-added student achievement 

8 gains; and 

9 ‘‘(2) to compare a range of models for collecting 

10 and analyzing such data. 

11 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—To 

12 carry out this section, there are authorized to be appro13 priated $200,000,000 for the period of fiscal years 2006 

14 and 2007 and such sums as may be necessary for each 

15 of the 4 succeeding fiscal years.’’. 

16 SEC. 402. COLLECTING NATIONAL DATA ON DISTRIBUTION 

17 OF TEACHERS. 

18 Section 155 of the Education Sciences Reform Act 

19 of 2002 (20 U.S.C. 9545) is amended by adding at the 

20 end the following: 

21 ‘‘(d) SCHOOLS AND STAFFING SURVEY.—Not later 

22 than the end of fiscal year 2006, and every 3 years there23 after, the Statistics Commissioner shall publish the results 

24 of the Schools and Staffing Survey (or any successor sur25 vey).’’. 
67 

•HR 2835 IH 

1 TITLE V—RETENTION: KEEPING 

2 OUR BEST TEACHERS IN THE 

3 CLASSROOM 

4 SEC. 501. AMENDMENT TO ELEMENTARY AND SECONDARY 

5 EDUCATION ACT OF 1965. 

6 Part E of title II of the Elementary and Secondary 

7 Education Act of 1965 (20 U.S.C. 6601 et seq.), as added 

8 by titles II, III, and IV of this Act, is amended by adding 

9 at the end the following: 

10 ‘‘Subpart 4—Retention and Working Conditions 

11 ‘‘SEC. 2531. IMPROVING PROFESSIONAL DEVELOPMENT OP12 PORTUNITIES. 

13 ‘‘(a) GRANTS.—The Secretary may make grants to 

14 eligible entities for the establishment and operation of new 

15 teacher centers or the support of existing teacher centers. 

16 ‘‘(b) SPECIAL CONSIDERATION.—In making grants 

17 under this section, the Secretary shall give special consid18 eration to any application submitted by an eligible entity 

19 that is— 

20 ‘‘(1) a high-need local educational agency; or 

21 ‘‘(2) a consortium that includes at least one 

22 high-need local educational agency. 

23 ‘‘(c) DURATION.—Each grant under this section shall 

24 be for a period of 3 years. 
68 

•HR 2835 IH 

1 ‘‘(d) REQUIRED ACTIVITIES.—A teacher center re2 ceiving assistance under this section shall carry out each 

3 of the following activities: 

4 ‘‘(1) Providing high-quality professional devel5 opment to teachers to assist them in improving their 

6 knowledge, skills, and teaching practices in order to 

7 help students to improve their achievement and meet 

8 State academic standards. 

9 ‘‘(2) Providing teachers with information on de10 velopments in curricula, assessments, and edu11 cational research, including the manner in which the 

12 research and data can be used to improve teaching 

13 skills and practice. 

14 ‘‘(3) Providing training and support for new 

15 teachers. 

16 ‘‘(e) PERMISSIBLE ACTIVITIES.—A teacher center 

17 may use assistance under this section for any of the fol18 lowing: 

19 ‘‘(1) Assessing the professional development 

20 needs of the teachers and other instructional school 

21 employees, such as librarians, counselors, and para22 professionals, to be served by the center. 

23 ‘‘(2) Providing intensive support to staff to im24 prove instruction in literacy, math, science, and 
69 

•HR 2835 IH 

1 other curricular areas necessary to provide a well2 rounded education to students. 

3 ‘‘(3) Providing support to mentors working with 

4 new teachers. 

5 ‘‘(4) Providing training in effective instructional 

6 services and classroom management strategies for 

7 mainstream teachers serving students with disabil8 ities and students with limited English proficiency. 

9 ‘‘(5) Enabling teachers to engage in study 

10 groups and other collaborative activities and collegial 

11 interactions regarding instruction. 

12 ‘‘(6) Paying for release time and substitute 

13 teachers in order to enable teachers to participate in 

14 the activities of the teacher center. 

15 ‘‘(7) Creating libraries of professional materials 

16 and educational technology. 

17 ‘‘(8) Providing high-quality professional devel18 opment for other instructional staff, such as para19 professionals, librarians, and counselors. 

20 ‘‘(9) Assisting teachers to become highly quali21 fied and paraprofessionals to become teachers. 

22 ‘‘(10) Assisting paraprofessionals to meet the 

23 requirements of section 1119. 

24 ‘‘(11) Developing curricula. 
70 

•HR 2835 IH 

1 ‘‘(12) Incorporating additional on-line profes2 sional development resources for participants. 

3 ‘‘(13) Providing funding for individual- or 

4 group-initiated classroom projects. 

5 ‘‘(14) Developing partnerships with businesses 

6 and community-based organizations. 

7 ‘‘(15) Establishing a teacher center site. 

8 ‘‘(f) TEACHER CENTER POLICY BOARD.— 

9 ‘‘(1) IN GENERAL.—A teacher center receiving 

10 assistance under this section shall be operated under 

11 the supervision of a teacher center policy board. 

12 ‘‘(2) MEMBERSHIP.— 

13 ‘‘(A) TEACHER REPRESENTATIVES.—The 

14 majority of the members of a teacher center 

15 policy board shall be representatives of, and se16 lected by, the elementary and secondary school 

17 teachers to be served by the teacher center. 

18 Such representatives shall be selected through 

19 the teacher organization, or if there is no teach20 er organization, by the teachers directly. 

21 ‘‘(B) OTHER REPRESENTATIVES.—The 

22 members of a teacher center policy board— 

23 ‘‘(i) shall include at least two mem24 bers who are representative of, or des25 ignated by, the school board of the local 
71 

•HR 2835 IH 

1 educational agency to be served by the 

2 teacher center; 

3 ‘‘(ii) shall include at least one member 

4 who is a representative of, and is des5 ignated by, the institutions of higher edu6 cation (with departments or schools of edu7 cation) located in the area; and 

8 ‘‘(iii) may include paraprofessionals. 

9 ‘‘(g) APPLICATION.— 

10 ‘‘(1) IN GENERAL.—To seek a grant under this 

11 section, an eligible entity shall submit an application 

12 at such time, in such manner, and accompanied by 

13 such information as the Secretary may reasonably 

14 require. 

15 ‘‘(2) ASSURANCE OF COMPLIANCE.—An appli16 cation under paragraph (1) shall include an assur17 ance that the applicant will require any teacher cen18 ter receiving assistance through the grant to comply 

19 with the requirements of this section. 

20 ‘‘(3) TEACHER CENTER POLICY BOARD.—An 

21 application under paragraph (1) shall include the 

22 following: 

23 ‘‘(A) An assurance that— 

24 ‘‘(i) the applicant has established a 

25 teacher center policy board; 
72 

•HR 2835 IH 

1 ‘‘(ii) the board participated fully in 

2 the preparation of the application; and 

3 ‘‘(iii) the board approved the applica4 tion as submitted. 

5 ‘‘(B) A description of the membership of 

6 the board and the method of its selection. 

7 ‘‘(h) DEFINITIONS.—In this section: 

8 ‘‘(1) The term ‘eligible entity’ means a local 

9 educational agency or a consortium of 2 or more 

10 local educational agencies. 

11 ‘‘(2) The term ‘high-need’, with respect to an 

12 elementary school or a secondary school, has the 

13 meaning given to that term in section 2501. 

14 ‘‘(3) The term ‘teacher center policy board’ 

15 means a teacher center policy board described in 

16 subsection (f). 

17 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—To 

18 carry out this section, there are authorized to be appro19 priated $100,000,000 for fiscal year 2006 and such sums 

20 as may be necessary for each of the 5 succeeding fiscal 

21 years.’’. 
73 

•HR 2835 IH 

1 SEC. 502. EXCLUSION FROM GROSS INCOME OF COMPENSA2 TION OF TEACHERS AND PRINCIPALS IN CER3 TAIN HIGH-NEED SCHOOLS OR TEACHING 

4 HIGH-NEED SUBJECTS. 

5 (a) IN GENERAL.—Part III of subchapter B of chap6 ter 1 of the Internal Revenue Code of 1986 is amended 

7 by inserting after section 139A the following new section: 

8 ‘‘SEC. 139B. COMPENSATION OF CERTAIN TEACHERS AND 

9 PRINCIPALS. 

10 ‘‘(a) TEACHERS AND PRINCIPALS IN HIGH-NEED

11 SCHOOLS.— 

12 ‘‘(1) IN GENERAL.—In the case of an individual 

13 employed as a teacher or principal in a high-need 

14 school during the taxable year, gross income does 

15 not include so much remuneration for such employ16 ment (which would but for this paragraph be includ17 ible in gross income) as does not exceed $15,000. 

18 ‘‘(2) HIGH-NEED SCHOOL.—For purposes of 

19 this subsection, the term ‘high-need school’ means 

20 any public elementary school or public secondary 

21 school eligible for assistance under section 1114 of 

22 the Elementary and Secondary Education Act of 

23 1965 (20 U.S.C. 6314). 

24 ‘‘(b) TEACHERS OF HIGH-NEED SUBJECTS.— 

25 ‘‘(1) IN GENERAL.—In the case of an individual 

26 employed as a teacher of high-need subjects during 
74 

•HR 2835 IH 

1 the taxable year, gross income does not include so 

2 much remuneration for such employment (which 

3 would but for this paragraph be includible in gross 

4 income) as does not exceed $15,000. 

5 ‘‘(2) TEACHER OF HIGH-NEED SUBJECTS.—For 

6 purposes of this subsection, the term ‘teacher of 

7 high-need subjects’ means any teacher in a public el8 ementary or secondary school who— 

9 ‘‘(A)(i) teaches primarily 1 or more high10 need subjects in 1 or more grades 9 through 

11 12, or 

12 ‘‘(ii) teaches 1 or more high-need subjects 

13 in 1 or more grades kindergarten through 8, 

14 ‘‘(B) received a baccalaureate or similar 

15 degree from an eligible educational institution 

16 (as defined in section 25A(f)(2)) with a major 

17 in a high-need subject, and 

18 ‘‘(C) is highly qualified (as defined in sec19 tion 9101(23) of the Elementary and Secondary 

20 Education Act of 1965). 

21 ‘‘(3) HIGH-NEED SUBJECTS.—For purposes of 

22 this subsection, the term ‘high-need subject’ means 

23 math, science, engineering, technology, special edu24 cation, teaching English language learners, or any 
75 

•HR 2835 IH 

1 other subject identified as a high-need subject by the 

2 Secretary of Education for purposes of this section. 

3 ‘‘(c) COORDINATION.—Subsection (b) shall not apply 

4 with respect to any individual if any amount is excludible 

5 from gross income under subsection (a) with respect to 

6 such individual.’’. 

7 (b) CLERICAL AMENDMENT.—The table of section of 

8 such part is amended by inserting after the item relating 

9 to section 139A the following new item: 

‘‘Sec. 139B. Compensation of certain teachers and principals.’’. 

10 (c) EFFECTIVE DATE.—The amendments made by 

11 this section shall apply to remuneration received in taxable 

12 years beginning after the date of the enactment of this 

13 Act. 

14 SEC. 503. ABOVE-THE-LINE DEDUCTION FOR CERTAIN EX15 PENSES OF ELEMENTARY AND SECONDARY 

16 SCHOOL TEACHERS INCREASED AND MADE 

17 PERMANENT. 

18 (a) IN GENERAL.—Subparagraph (D) of section 

19 62(a)(2) of the Internal Revenue Code of 1986 is amended 

20 by striking ‘‘In the case of’’ and all that follows through 

21 ‘‘$250’’ and inserting ‘‘The deductions allowed by section 

22 162 which consist of expenses, not in excess of $500’’. 

23 (b) EFFECTIVE DATE.—The amendment made by 

24 this section shall apply to taxable years beginning after 

25 the date of the enactment of this Act. 
76 

•HR 2835 IH 

1 TITLE VI—MISCELLANEOUS 

2 PROVISIONS 

3 SEC. 601. CONFORMING AMENDMENTS. 

4 The table of contents at section 2 of the Elementary 

5 and Secondary Education Act of 1965 (20 U.S.C. 6301 

6 et seq.) is amended— 

7 (1) by inserting after the items relating to part 

8 D of title II of such Act the following new items: 

‘‘PART E—TEACHER EXCELLENCE FOR ALL CHILDREN

‘‘Sec. 2500. Definitions. 

‘‘SUBPART 1—DISTRIBUTION

‘‘Sec. 2501. Premium pay; loan repayment. 

‘‘Sec. 2502. Career ladders for teachers program. 

‘‘SUBPART 2—PREPARATION

‘‘Sec. 2511. Establishing state-of-the-art teacher induction programs. 

‘‘Sec. 2512. Peer mentoring and review programs. 

‘‘Sec. 2513. Establishing state-of-the-art principal training and induction 

programs and performance-based principal certification. 

‘‘Sec. 2514. Study on developing a portable performance-based teacher assessment. 

‘‘SUBPART 3—21ST CENTURY DATA, TOOLS, AND ASSESSMENTS

‘‘Sec. 2521. Developing value-added data systems. 

‘‘SUBPART 4—RETENTION AND WORKING CONDITIONS

‘‘Sec. 2531. Improving professional development opportunities.’’; 

9 and 

10 (2) by inserting after the items relating to sub11 part 2 of part E of title IX of the Elementary and 

12 Secondary Education Act of 1965 the following new 

13 items: 
77 

•HR 2835 IH 

‘‘Sec. 9537. Assurance of reasonable progress toward equitable access to teacher quality.’’. 

Æ