I 

113TH CONGRESS 

1ST SESSION H. R. 2173 

To improve teacher quality, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 23, 2013 

Mr. HONDA (for himself and Mrs. NAPOLITANO) introduced the following bill; 

which was referred to the Committee on Education and the Workforce 

A BILL 

To improve teacher quality, 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 ‘‘Effective Teaching and 

5 Leading Act’’. 

6 SEC. 2. FINDINGS AND PURPOSES. 

7 (a) FINDINGS.—Congress finds the following: 

8 (1) Teacher quality is the single most important 

9 in-school factor influencing student learning and 

10 achievement. 

11 (2) A 2003 study by Richard Ingersoll found 

12 that new teachers, not just those in hard-to-staff 


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1 schools, face such challenging working conditions 

2 that nearly one-half leave the profession within their 

3 first 5 years, one-third leave within their first 3 

4 years, and 14 percent leave by the end of their first 

5 year. 

6 (3) A report by the National Commission on 

7 Teaching and America’s Future estimated that the 

8 nationwide cost of replacing public school teachers 

9 who have dropped out of the profession is 

10 $7,300,000,000 annually. 

11 (4) A randomized controlled trial of comprehen12 sive teacher induction, sponsored by the Institute of 

13 Education Sciences found that beginning teachers 

14 who received 2 years of induction support produced 

15 greater student learning gains as a result, the equiv16 alent of a student moving from the 50th to 58th 

17 percentile in mathematics achievement and from the 

18 50th to 54th percentile in reading achievement. 

19 (5) Research by Thomas Smith, Richard Inger20 soll, Michael Strong, Anthony Villar, and Jonah 

21 Rockoff has shown that comprehensive mentoring 

22 and induction reduces teacher attrition by as much 

23 as one-half and strengthens new teacher effective24 ness. 


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1 (6) A recent School Redesign Network at Stan2 ford University and National Staff Development 

3 Council report by Linda Darling-Hammond, Ruth 

4 Chung Wei, Alethea Andree, Nikole Richardson, and 

5 Stelios Orphanos found that— 

6 (A) a set of programs that offered substan7 tial contact hours of professional development 

8 (ranging from 30 to 100 hours in total) spread 

9 over 6 to 12 months showed a positive and sig10 nificant effect on student achievement gains; 

11 and 

12 (B) intensive professional development, es13 pecially when it includes applications of knowl14 edge to teachers’ planning and instruction, has 

15 a greater chance of influencing teacher prac16 tices, and in turn, leading to gains in student 

17 learning, and such intensive professional devel18 opment has shown a positive and significant ef19 fect on student achievement gains, in some 

20 cases by approximately 21 percentile points. 

21 (7) Teachers can acquire and use new knowl22 edge and skills in their instruction when provided 

23 with adequate opportunities to learn, according to 

24 ‘‘Student Achievement Through Staff Development’’ 

25 published by ASCD, which found that more than 90 


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1 percent of participants attained skill proficiency if it 

2 includes theory presentation, demonstration, prac3 tice, and peer coaching. 

4 (8) Recent reports from the Center for Amer5 ican Progress, Education Sector, Hope Street 

6 Group, and the New Teacher Project have collec7 tively demonstrated the significant flaws in current 

8 teacher evaluation and implementation, and the ne9 cessity for redesigning these systems and linking 

10 such evaluation to individualized feedback and sub11 stantive targeted support in order to ensure effective 

12 teaching. 

13 (9) Research by Kenneth Leithwood, Karen 

14 Seashore Louis, Stephen Anderson, and Kyla 

15 Wahlstrom found that— 

16 (A) leadership is second only to classroom 

17 instruction among school-related factors that 

18 influence student outcomes; and 

19 (B) direct and indirect leadership effects 

20 account for about one-quarter of total school ef21 fects on student learning. 

22 (10) Research by Charles Clotfelter, Helen 

23 Ladd, Kenneth Leithwood, Anthony Milanowski, and 

24 the New Teacher Center has shown that the quality 

25 of working conditions, particularly supportive school 


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1 leadership, impacts student academic achievement 

2 and teacher recruitment, retention, and effective3 ness. 

4 (11) Since 1965, more than 60 education and 

5 library studies have produced clear evidence that 

6 school libraries staffed by qualified librarians have a 

7 positive impact on student academic achievement, 

8 with a recent analysis of reading scores from 2004– 

9 2009 showing that fewer librarians translated to 

10 lower performance, or a slower rise in scores, on 

11 standardized tests. 

12 (b) PURPOSES.—The purposes of this Act are to 

13 build capacity for developing effective teachers and prin14 cipals in our Nation’s schools through— 

15 (1) the redesign of teacher and principal eval16 uation and assessment systems; 

17 (2) comprehensive, high-quality, rigorous, multi18 year induction and mentoring programs for begin19 ning teachers, principals, and other school leaders; 

20 (3) systematic, sustained, and coherent profes21 sional development for all teachers that is team22 based and job-embedded; 

23 (4) systematic, sustained, and coherent profes24 sional development for school principals, other school 


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1 leaders, school librarians, paraprofessionals, and 

2 other staff; and 

3 (5) increased teacher leadership opportunities, 

4 including compensation for teacher leaders who take 

5 on new roles in providing school-based professional 

6 development, mentoring, rigorous evaluation, and in7 structional coaching. 

8 SEC. 3. DEFINITIONS. 

9 Section 9101 of the Elementary and Secondary Edu10 cation Act of 1965 (20 U.S.C. 7801) is amended— 

11 (1) by striking paragraph (34) and inserting 

12 the following: 

13 ‘‘(34) PROFESSIONAL DEVELOPMENT.—The 

14 term ‘professional development’ means comprehen15 sive, sustained, and intensive support, provided for 

16 teachers, principals, school librarians, other school 

17 leaders, and other instructional staff, that— 

18 ‘‘(A) fosters collective responsibility for im19 proved student learning; 

20 ‘‘(B) is designed and implemented in a 

21 manner that increases teacher, principal, school 

22 librarian, other school leader, paraprofessional, 

23 and other instructional staff effectiveness in im24 proving student learning and strengthening 

25 classroom practice; 


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1 ‘‘(C) analyzes and uses— 

2 ‘‘(i) real-time data and information 

3 collected from— 

4 ‘‘(I) evidence of student learning; 

5 ‘‘(II) evidence of classroom prac6 tice; and 

7 ‘‘(III) the State’s longitudinal 

8 data system; and 

9 ‘‘(ii) other relevant data collected by 

10 the school or local educational agency; 

11 ‘‘(D) is aligned with— 

12 ‘‘(i) rigorous State student academic 

13 achievement standards developed under 

14 section 1111(b)(1); 

15 ‘‘(ii) related academic and school im16 provement goals of the school, local edu17 cational agency, and statewide curriculum; 

18 ‘‘(iii) statewide and local curricula; 

19 and 

20 ‘‘(iv) rigorous standards of profes21 sional practice and development; 

22 ‘‘(E) includes frequently scheduled, signifi23 cant blocks of time during the regular school 

24 day among established collaborative teams of 

25 teachers, principals, school librarians, other 


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1 school leaders, and other instructional staff, by 

2 grade level and content area (to the extent ap3 plicable and practicable), which teams engage in 

4 a continuous cycle of professional learning and 

5 improvement that— 

6 ‘‘(i) identifies, reviews, and analyzes— 

7 ‘‘(I) evidence of student learning; 

8 and 

9 ‘‘(II) evidence of classroom prac10 tice; 

11 ‘‘(ii) defines a clear set of educator 

12 learning goals to improve student learning 

13 and strengthen classroom practice based 

14 on the rigorous analysis of evidence of stu15 dent learning and evidence of classroom 

16 practice; 

17 ‘‘(iii) develops and implements coher18 ent, sustained, and evidenced-based profes19 sional development strategies to meet such 

20 goals (including through instructional 

21 coaching, lesson study, and study groups 

22 organized at the school, team, or individual 

23 levels); 

24 ‘‘(iv) provides learning opportunities 

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1 fine student learning goals and the teach2 ers’ instructional practices and the use of 

3 formative assessment; 

4 ‘‘(v) provides an effective mechanism 

5 to support the transfer of new knowledge 

6 and skills to the classroom (including uti7 lizing teacher leaders, instructional coach8 es, school librarians, and content experts 

9 to support such transfer); and 

10 ‘‘(vi) provides opportunities for follow11 up, observation, and formative feedback 

12 and assessment of the teacher’s classroom 

13 practice, on a regular basis and in a man14 ner that allows each such teacher to iden15 tify areas of classroom practice that need 

16 to be strengthened, refined, and improved; 

17 ‘‘(F) regularly assesses the effectiveness of 

18 the support, and uses such assessments to in19 form ongoing improvements, in— 

20 ‘‘(i) improving student learning; and 

21 ‘‘(ii) strengthening classroom practice; 

22 and 

23 ‘‘(G) supports the recruiting, hiring, and 

24 training of highly qualified teachers, including 

25 teachers who become highly qualified through 


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1 State and local alternative routes to certifi2 cation or licensure.’’; 

3 (2) by adding at the end the following: 

4 ‘‘(44) EVIDENCE OF CLASSROOM PRACTICE.— 

5 The term ‘evidence of classroom practice’ means evi6 dence of practice gathered from a classroom through 

7 multiple formats and sources, including some or all 

8 of the following: 

9 ‘‘(A) Demonstration of effective teaching 

10 skills. 

11 ‘‘(B) Classroom observations based on rig12 orous teacher performance standards or rubrics. 

13 ‘‘(C) Student work. 

14 ‘‘(D) Teacher portfolios. 

15 ‘‘(E) Videos of teacher practice. 

16 ‘‘(F) Lesson plans. 

17 ‘‘(G) Information on the extent to which 

18 the teacher collaborates and shares best prac19 tices with other teachers and instructional staff. 

20 ‘‘(H) Information on the teacher’s success21 ful use of research and data. 

22 ‘‘(I) Parent, student, and peer feedback. 

23 ‘‘(45) EVIDENCE OF STUDENT LEARNING.—The 

24 term ‘evidence of student learning’ means multiple 


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1 measures of student learning that shall include the 

2 following: 

3 ‘‘(A) Valid and reliable student assessment 

4 data, which may include data— 

5 ‘‘(i) based on— 

6 ‘‘(I) student learning gains on 

7 State student academic assessments 

8 under section 1111(b)(3); or 

9 ‘‘(II) student academic achieve10 ment assessments used at the na11 tional, state, or district levels, where 

12 available and appropriate for the cur13 riculum and students taught; 

14 ‘‘(ii) from classroom-based formative 

15 assessments; 

16 ‘‘(iii) from classroom-based summative 

17 assessments; and 

18 ‘‘(iv) from objective performance19 based assessments. 

20 ‘‘(B) At least one of the following addi21 tional measures: 

22 ‘‘(i) Student work, including measures 

23 of performance criteria and evidence of 

24 student growth. 


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1 ‘‘(ii) Teacher-generated information 

2 about student goals and growth. 

3 ‘‘(iii) Parental feedback about student 

4 goals and growth. 

5 ‘‘(iv) Student feedback about learning 

6 and teaching supports. 

7 ‘‘(v) Assessments of affective engage8 ment and self-efficacy. 

9 ‘‘(vi) Other appropriate measures, as 

10 determined by the State. 

11 ‘‘(46) LOWEST ACHIEVING SCHOOL.—The term 

12 ‘lowest achieving school’ means a school served by a 

13 local educational agency that— 

14 ‘‘(A) is failing to make adequate yearly 

15 progress as described in section 1111(b)(2), for 

16 the greatest number of subgroups described in 

17 section 1111(b)(2)(C)(v) and by the greatest 

18 margins, as compared to the other schools 

19 served by the local educational agency; and 

20 ‘‘(B) in the case of a secondary school, has 

21 a graduation rate of less than 65 percent. 

22 ‘‘(47) SCHOOL LEADER.—The term ‘school 

23 leader’ means an individual who— 

24 ‘‘(A) is an employee or officer of a school; 

25 and 


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1 ‘‘(B) is responsible for— 

2 ‘‘(i) the school’s performance; and 

3 ‘‘(ii) the daily instructional and mana4 gerial operations of the school. 

5 ‘‘(48) TEACHING SKILLS.—The term ‘teaching 

6 skills’ means skills that enable a teacher to— 

7 ‘‘(A) increase student learning, achieve8 ment, and the ability to apply knowledge; 

9 ‘‘(B) effectively convey and explain aca10 demic subject matter; 

11 ‘‘(C) actively engage students and person12 alize learning; 

13 ‘‘(D) effectively teach higher-order analyt14 ical, evaluation, problem-solving, and commu15 nication skills; 

16 ‘‘(E) develop and effectively apply new 

17 knowledge, skills, and practices; 

18 ‘‘(F) employ strategies grounded in the 

19 disciplines of teaching and learning that— 

20 ‘‘(i) are based on empirically based 

21 practice and scientifically valid research, 

22 where applicable, related to teaching and 

23 learning; 

24 ‘‘(ii) are specific to academic subject 

25 matter; 


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1 ‘‘(iii) focus on the identification of 

2 students’ specific learning needs, (includ3 ing children with disabilities, English lan4 guage learners, students who are gifted 

5 and talented, and students with low lit6 eracy levels), and the tailoring of academic 

7 instruction to such needs; and 

8 ‘‘(iv) enable effective inclusion of chil9 dren with disabilities and English language 

10 learners, including the utilization of— 

11 ‘‘(I) response to intervention; 

12 ‘‘(II) positive behavioral sup13 ports; 

14 ‘‘(III) differentiated instruction; 

15 ‘‘(IV) universal design of learn16 ing; 

17 ‘‘(V) appropriate accommoda18 tions for instruction and assessments; 

19 ‘‘(VI) collaboration skills; 

20 ‘‘(VII) skill in effectively partici21 pating in individualized education pro22 gram meetings required under section 

23 614 of the Individuals with Disabil24 ities Education Act; and 


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1 ‘‘(VIII) evidence-based strategies 

2 to meet the linguistic and academic 

3 needs of English language learners; 

4 ‘‘(G) conduct an ongoing assessment of 

5 student learning, which may include the use of 

6 formative assessments, performance-based as7 sessments, project-based assessments, or port8 folio assessments, that measures higher-order 

9 thinking skills (including application, analysis, 

10 synthesis, and evaluation); 

11 ‘‘(H) effectively manage a classroom, in12 cluding the ability to implement positive behav13 ioral support strategies; 

14 ‘‘(I) communicate and work with parents, 

15 and involve parents in their children’s edu16 cation; and 

17 ‘‘(J) use age-appropriate and develop18 mentally appropriate strategies and practices. 

19 ‘‘(49) FORMATIVE ASSESSMENT.—The term 

20 ‘formative assessment’ means a process used by 

21 teachers and students during instruction that pro22 vides feedback to adjust ongoing teaching and learn23 ing to improve students’ achievement of intended in24 structional outcomes.’’; and 


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1 (3) by redesignating paragraphs (1) through 

2 (39), the undesignated paragraph following para3 graph (39), and paragraphs (41) through (49) (as 

4 amended by this section) as paragraphs (1) through 

5 (18), (21), (22), (24) through (29), (31) through 

6 (40), (42) through (47), (49), (19), (20), (30), (41), 

7 (48), and (23), respectively. 

8 SEC. 4. SCHOOL IMPROVEMENT. 

9 Section 1003(g)(5) of the Elementary and Secondary 

10 Education Act of 1965 (20 U.S.C. 6303(g)(5)) is amend11 ed— 

12 (1) in subparagraph (B), by striking ‘‘and’’ 

13 after the semicolon; 

14 (2) in subparagraph (C), by striking the period 

15 and inserting ‘‘; and’’; and 

16 (3) by adding at the end the following: 

17 ‘‘(D) permitted to be used to supplement 

18 the activities required under section 2502.’’. 

19 SEC. 5. TEACHER AND PRINCIPAL PROFESSIONAL DEVEL20 OPMENT AND SUPPORT. 

21 (a) IN GENERAL.—Title II of the Elementary and 

22 Secondary Education Act of 1965 (20 U.S.C. 6601 et 

23 seq.) is amended by adding at the end the following: 


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1 ‘‘PART E—BUILDING SCHOOL CAPACITY FOR 

2 EFFECTIVE TEACHING AND LEADERSHIP 

3 ‘‘SEC. 2501. LOCAL SCHOOL IMPROVEMENT ACTIVITIES. 

4 ‘‘(a) SUBGRANTS TO LOCAL EDUCATIONAL AGEN5 CIES.— 

6 ‘‘(1) GRANTS.—From amounts made available 

7 under section 2505, the Secretary shall award 

8 grants, through allotments under paragraph (3)(A), 

9 to States to enable the States to award subgrants to 

10 local educational agencies under this part. 

11 ‘‘(2) RESERVATIONS.—A State that receives a 

12 grant under this part for a fiscal year shall— 

13 ‘‘(A) reserve 95 percent of the funds made 

14 available through the grant to make subgrants, 

15 through allocations under paragraph (3)(B), to 

16 local educational agencies; and 

17 ‘‘(B) use the remainder of the funds for— 

18 ‘‘(i) administrative activities and tech19 nical assistance in helping local educational 

20 agencies carry out this part; 

21 ‘‘(ii) statewide capacity building strat22 egies to support local educational agencies 

23 in the implementation of the required ac24 tivities under section 2502; and 

25 ‘‘(iii) conducting the evaluation re26 quired under section 2504. 


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1 ‘‘(3) FORMULAS.— 

2 ‘‘(A) ALLOTMENTS.—The allotment pro3 vided to a State under this section for a fiscal 

4 year shall bear the same relation to the total 

5 amount available under this part for such allot6 ments for the fiscal year, as the allotment pro7 vided to the State under section 2111(b) for 

8 such year bears to the total amount available 

9 under such section 2111(b) for such allotments 

10 for such year. 

11 ‘‘(B) ALLOCATIONS.—The allocation pro12 vided to a local educational agency under this 

13 section for a fiscal year shall bear the same re14 lation to the total amount available under this 

15 part for such allocations for the fiscal year, as 

16 the allocation provided to the local educational 

17 agency under section 2121(a) for such year 

18 bears to the total amount available for such al19 locations for such year. 

20 ‘‘(4) SCHOOLS FIRST SUPPORTED.—A local 

21 educational agency receiving a subgrant under this 

22 part shall first use such funds to carry out the ac23 tivities described in section 2502(a) in each lowest 

24 achieving school served by the local educational 

25 agency— 


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1 ‘‘(A) that demonstrates the greatest need 

2 for subgrant funds based on the data analysis 

3 described in subsection (b)(3); and 

4 ‘‘(B) in which not less than 40 percent of 

5 the students enrolled in the school are eligible 

6 for a free or reduced price lunch under the 

7 Richard B. Russell National School Lunch Act 

8 (42 U.S.C. 1751 et seq.). 

9 ‘‘(b) LOCAL EDUCATIONAL AGENCY APPLICATION.— 

10 ‘‘(1) IN GENERAL.—To be eligible to receive a 

11 subgrant under this part, a local educational agency 

12 shall submit to the State educational agency an ap13 plication described in paragraph (2), and a summary 

14 of the data analysis conducted under paragraph (3), 

15 at such time, in such manner, and containing such 

16 information as the State educational agency may 

17 reasonably require. 

18 ‘‘(2) CONTENTS OF APPLICATION.—Each appli19 cation submitted pursuant to paragraph (1) shall in20 clude— 

21 ‘‘(A) a description of how the local edu22 cational agency will assist the lowest achieving 

23 schools served by the local educational agency 

24 in carrying out the requirements of section 

25 2502, including— 


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1 ‘‘(i) developing and implementing the 

2 teacher and principal evaluation system 

3 pursuant to section 2502(a)(3); 

4 ‘‘(ii) implementing teacher induction 

5 programs pursuant to section 2502(a)(1); 

6 ‘‘(iii) providing effective professional 

7 development in accordance with section 

8 2502(a)(2); 

9 ‘‘(iv) implementing mentoring, coach10 ing, and sustained professional develop11 ment for school principals and other school 

12 leaders pursuant to section 2502(a)(4); 

13 and 

14 ‘‘(v) providing significant and sustain15 able teacher stipends, pursuant to section 

16 2502(a)(6); 

17 ‘‘(B) a description of how the local edu18 cational agency will— 

19 ‘‘(i) conduct and utilize valid and reli20 able surveys pursuant to section 2502(b); 

21 and 

22 ‘‘(ii) ensure that such programs are 

23 integrated and aligned pursuant to section 

24 2502(c); 


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1 ‘‘(C)(i) a description of how the local edu2 cational agency will use subgrant funds to tar3 get and support the lowest achieving schools de4 scribed in subsection (a)(4) before using funds 

5 for other lowest achieving schools; and 

6 ‘‘(ii) a list that identifies all of the lowest 

7 achieving schools that will be assisted under the 

8 subgrant; 

9 ‘‘(D) a description of how the local edu10 cational agency will enable effective inclusion of 

11 children with disabilities and English language 

12 learners, including through utilization by the 

13 teachers, principals, and other school leaders of 

14 the local educational agency of— 

15 ‘‘(i) response to intervention; 

16 ‘‘(ii) positive behavioral supports; 

17 ‘‘(iii) differentiated instruction; 

18 ‘‘(iv) universal design of learning; 

19 ‘‘(v) appropriate accommodations for 

20 instruction and assessments; 

21 ‘‘(vi) collaboration skills; 

22 ‘‘(vii) skill in effectively participating 

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1 dividuals with Disabilities Education Act; 

2 and 

3 ‘‘(viii) evidence-based strategies to 

4 meet the linguistic and academic needs of 

5 English language learners; 

6 ‘‘(E) a description of how the local edu7 cational agency will assist the lowest achieving 

8 schools in utilizing real-time student learning 

9 data, based on evidence of student learning and 

10 evidence of classroom practice, to— 

11 ‘‘(i) inform instruction; and 

12 ‘‘(ii) inform professional development 

13 for teachers, mentors, principals, and other 

14 school leaders; 

15 ‘‘(F) a description of how the programs 

16 and assistance provided under section 2502 will 

17 be managed and designed, including a descrip18 tion of the division of labor and different roles 

19 and responsibilities of local educational agency 

20 central office staff members, school leaders, 

21 teacher leaders, coaches, mentors, and eval22 uators; and 

23 ‘‘(G) a description of how the local edu24 cational agency will work with institutions of 

25 higher education and local teacher and principal 


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1 preparation programs to improve the perform2 ance of beginning teachers and principals, im3 prove induction programs, and strengthen pro4 fessional development. 

5 ‘‘(3) DATA ANALYSIS.—A local educational 

6 agency desiring a subgrant under this part shall, 

7 prior to applying for the subgrant, conduct a data 

8 analysis of each school served by the local edu9 cational agency, based on data and information col10 lected from evidence of student learning, evidence of 

11 classroom practice, and the State’s longitudinal data 

12 system, in order to— 

13 ‘‘(A) determine which schools have the 

14 most critical teacher, principal, school librarian, 

15 and other school leader quality, effectiveness, 

16 and professional development needs; and 

17 ‘‘(B) allow the local educational agency to 

18 identify the specific needs regarding the quality, 

19 effectiveness, and professional development 

20 needs of the school’s teachers, principals, librar21 ians, and other school leaders, including with 

22 respect to instruction provided for individual 

23 student subgroups (including children with dis24 abilities and English language learners) and 

25 specific grade levels and content areas. 


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1 ‘‘(4) JOINT DEVELOPMENT AND SUBMISSION.— 

2 ‘‘(A) IN GENERAL.—Except as provided in 

3 subparagraph (B), a local educational agency 

4 shall— 

5 ‘‘(i) jointly develop the application 

6 and data analysis framework under this 

7 subsection with local organizations rep8 resenting the teachers, principals, and 

9 other school leaders in the local edu10 cational agency; and 

11 ‘‘(ii) submit the application and data 

12 analysis in partnership with such local 

13 teacher, principal, and school leader orga14 nizations. 

15 ‘‘(B) EXCEPTION.—A State may, after 

16 consultation with the Secretary, consider an ap17 plication from a local educational agency that is 

18 not jointly developed and submitted in accord19 ance with subparagraph (A) if the application 

20 includes documentation of the local educational 

21 agency’s extensive attempt to work jointly with 

22 local teacher, principal, and school leader orga23 nizations. 


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1 ‘‘SEC. 2502. USE OF FUNDS. 

2 ‘‘(a) INDUCTION, PROFESSIONAL DEVELOPMENT, 

3 AND EVALUATION SYSTEM.—A local educational agency 

4 that receives a subgrant under this part shall use the 

5 subgrant funds to improve teaching and school leadership 

6 through a system of teacher and principal induction, pro7 fessional development, and evaluation. Such system shall 

8 be developed, implemented, and evaluated in collaboration 

9 with local teacher, principal, and school leader organiza10 tions and local teacher, principal, and school leader prepa11 ration programs and shall provide assistance to each 

12 school that the local educational agency has identified 

13 under section 2501(b)(2)(C)(ii), to— 

14 ‘‘(1) implement a comprehensive, coherent, 

15 high-quality formalized induction program for begin16 ning teachers during not less than the teachers’ first 

17 2 years of full-time employment as teachers with the 

18 local educational agency, that shall include— 

19 ‘‘(A) rigorous mentor selection by school or 

20 local educational agency leaders with mentoring 

21 and instructional expertise, including require22 ments that the mentor demonstrate— 

23 ‘‘(i) a proven track record of improv24 ing student learning; 

25 ‘‘(ii) strong interpersonal skills; 


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1 ‘‘(iii) exemplary teaching skills, par2 ticularly with diverse learners, including 

3 children with disabilities and English lan4 guage learners; 

5 ‘‘(iv) not less than 5 years teaching 

6 experience; 

7 ‘‘(v) commitment to personal and pro8 fessional growth and learning, such as Na9 tional Board for Professional Teaching 

10 Standards certification; 

11 ‘‘(vi) willingness and experience in 

12 using real-time data, as well as school and 

13 classroom level practices that have dem14 onstrated the capacity to— 

15 ‘‘(I) improve student learning 

16 and classroom practice; and 

17 ‘‘(II) inform instruction and pro18 fessional growth; 

19 ‘‘(vii) a commitment to participate in 

20 professional development throughout the 

21 year to develop the knowledge and skills 

22 related to effective mentoring; and 

23 ‘‘(viii) the ability to improve the effec24 tiveness of the mentor’s mentees, as asVerDate Mar 15 2010 23:28 May 31, 2013 Jkt 029200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H2173.IH H2173

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1 sessed by the evaluation system described 

2 in paragraph (3); 

3 ‘‘(B) a program of high-quality, intensive, 

4 and ongoing mentoring and mentor-teacher 

5 interactions that— 

6 ‘‘(i) ensures that new teachers are 

7 supported in ways that help improve con8 tent-specific knowledge and pedagogy, in9 cluding by matching mentors with begin10 ning teachers by grade level and content 

11 area; 

12 ‘‘(ii) assists each beginning teacher 

13 in— 

14 ‘‘(I) analyzing data based on the 

15 beginning teacher’s evidence of stu16 dent learning and evidence of class17 room practice, and utilizing research18 based instructional strategies, includ19 ing differentiated instruction, to in20 form and strengthen such practice; 

21 ‘‘(II) developing and enhancing 

22 effective teaching skills; 

23 ‘‘(III) enabling effective inclusion 

24 of children with disabilities and 


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1 English language learners, including 

2 through the utilization of— 

3 ‘‘(aa) response to interven4 tion; 

5 ‘‘(bb) positive behavioral 

6 supports; 

7 ‘‘(cc) differentiated instruc8 tion; 

9 ‘‘(dd) universal design of 

10 learning; 

11 ‘‘(ee) appropriate accom12 modations for instruction and as13 sessments; 

14 ‘‘(ff) collaboration skills; 

15 ‘‘(gg) skill in effectively par16 ticipating in individualized edu17 cation program meetings required 

18 under section 614 of the Individ19 uals with Disabilities Education 

20 Act; and 

21 ‘‘(hh) evidence-based strate22 gies to meet the linguistic and 

23 academic needs of English lan24 guage learners; 


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1 ‘‘(IV) using formative evaluations 

2 to— 

3 ‘‘(aa) collect and analyze 

4 classroom-level data; 

5 ‘‘(bb) foster evidence-based 

6 discussions; 

7 ‘‘(cc) provide opportunities 

8 for self assessment; 

9 ‘‘(dd) examine classroom 

10 practice; and 

11 ‘‘(ee) establish goals for pro12 fessional growth; and 

13 ‘‘(V) achieving the goals of the 

14 school, district, and statewide cur15 ricula; 

16 ‘‘(iii) provides regular and ongoing op17 portunities for beginning teachers to ob18 serve exemplary teaching in classroom set19 tings during the school day; 

20 ‘‘(iv) aligns with the mission and 

21 goals of the local educational agency and 

22 school; 

23 ‘‘(v)(I) acts as a vehicle for a begin24 ning teacher to establish short- and long25 term planning and professional goals and 


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1 to improve student learning and classroom 

2 practice; and 

3 ‘‘(II) guides, monitors, and assesses 

4 the beginning teacher’s progress toward 

5 such goals; 

6 ‘‘(vi) assigns not more than 12 begin7 ning teacher mentees to a mentor who is 

8 released full-time from classroom teaching, 

9 and reduces such maximum number of 

10 mentees proportionately for a mentor who 

11 works on a part-times basis; 

12 ‘‘(vii) provides joint professional devel13 opment opportunities for mentors and be14 ginning teachers; 

15 ‘‘(viii) may include the use of master 

16 teachers to support mentors or other 

17 teachers; and 

18 ‘‘(ix) improves student learning and 

19 classroom practice, as measured by the 

20 evaluation system described in paragraph 

21 (3); 

22 ‘‘(C) paid school release time that allows 

23 for at least weekly high-quality mentoring and 

24 mentor-teacher interactions; 


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1 ‘‘(D) foundational training and ongoing 

2 professional development for mentors that sup3 port the high-quality mentoring and mentor4 teacher interactions described in subparagraph 

5 (B); 

6 ‘‘(E) use of research-based teaching stand7 ards, formative assessments, teacher portfolio 

8 processes (such as the National Board for Pro9 fessional Teaching Standards certification proc10 ess), and teacher development protocols that 

11 support the high-quality mentoring and mentor12 teacher interactions described in subparagraph 

13 (B); and 

14 ‘‘(F) feedback on the performance of be15 ginning teachers to local teacher preparation 

16 programs and recommendations for improving 

17 such programs; 

18 ‘‘(2) implement high-quality effective profes19 sional development for teachers, principals, school li20 brarians, and other school leaders serving the 

21 schools targeted for assistance under the subgrant; 

22 ‘‘(3) develop and implement a rigorous, trans23 parent, and equitable teacher and principal evalua24 tion system for all schools served by the local edu25 cational agency that— 


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1 ‘‘(A)(i) provides formative individualized 

2 feedback to teachers and principals on areas for 

3 improvement; 

4 ‘‘(ii) provides for substantive support and 

5 interventions targeted specifically on such areas 

6 of improvement; and 

7 ‘‘(iii) results in summative evaluations; 

8 ‘‘(B) differentiates the effectiveness of 

9 teachers and principals using multiple rating 

10 categories that take into account evidence of 

11 student learning; 

12 ‘‘(C) shall be developed, implemented, and 

13 evaluated in partnership with local teacher and 

14 principal organizations; and 

15 ‘‘(D) includes— 

16 ‘‘(i) valid, clearly defined, and reliable 

17 performance standards and rubrics for 

18 teacher evaluation based on multiple per19 formance measures, which shall include a 

20 combination of— 

21 ‘‘(I) evidence of classroom prac22 tice; and 

23 ‘‘(II) evidence of student learning 

24 as a significant factor; 


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1 ‘‘(ii) valid, clearly defined, and reliable 

2 performance standards and rubrics for 

3 principal evaluation based on multiple per4 formance measures of student learning and 

5 leadership skills, which standards shall in6 clude— 

7 ‘‘(I) planning and articulating a 

8 shared and coherent schoolwide direc9 tion and policy for achieving high 

10 standards of student performance; 

11 ‘‘(II) identifying and imple12 menting the activities and rigorous 

13 curriculum necessary for achieving 

14 such standards of student perform15 ance; 

16 ‘‘(III) supporting a culture of 

17 learning, collaboration, and profes18 sional behavior and ensuring quality 

19 measures of instructional practice; 

20 ‘‘(IV) communicating and engag21 ing parents, families, and other exter22 nal communities; and 

23 ‘‘(V) collecting, analyzing, and 

24 utilizing data and other tangible evi25 dence of student learning and eviVerDate Mar 15 2010 23:28 May 31, 2013 Jkt 029200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H2173.IH H2173

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1 dence of classroom practice to guide 

2 decisions and actions for continuous 

3 improvement and to ensure perform4 ance accountability; 

5 ‘‘(iii) multiple and distinct rating op6 tions that allow evaluators to— 

7 ‘‘(I) conduct multiple classroom 

8 observations throughout the school 

9 year; 

10 ‘‘(II) examine the impact of the 

11 teacher or principal on evidence of 

12 student learning and evidence of class13 room practice; 

14 ‘‘(III) specifically describe and 

15 compare differences in performance, 

16 growth, and development; and 

17 ‘‘(IV) provide teachers or prin18 cipals with detailed individualized 

19 feedback and evaluation in a manner 

20 that allows each teacher or principal 

21 to identify the areas of classroom 

22 practice that need to be strengthened, 

23 refined, and improved; 

24 ‘‘(iv) implementing a formative and 

25 summative evaluation process based on the 


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1 performance standards established under 

2 clauses (i) and (ii); 

3 ‘‘(v) rigorous training for evaluators 

4 on the performance standards established 

5 under clauses (i) and (ii) and the process 

6 of conducting effective evaluations, includ7 ing how to provide specific feedback and 

8 improve teaching and principal practice 

9 based on evaluation results; 

10 ‘‘(vi) regular monitoring and assess11 ment of the quality and fairness of the 

12 evaluation system and the evaluators’ 

13 judgements, including with respect to— 

14 ‘‘(I) inter-rater reliability, includ15 ing independent or third-party re16 views; 

17 ‘‘(II) student assessments used in 

18 the evaluation system; 

19 ‘‘(III) the performance standards 

20 established under clauses (i) and (ii); 

21 ‘‘(IV) training and qualifications 

22 of evaluators; and 

23 ‘‘(V) timeliness of teacher and 

24 principal evaluations and feedback; 


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1 ‘‘(vii) a plan and substantive targeted 

2 support for teachers and principals who 

3 fail to meet the performance standards es4 tablished under clauses (i) and (ii); 

5 ‘‘(viii) a streamlined, transparent, 

6 fair, and objective due process for docu7 mentation and removal of teachers and 

8 principals who fail to meet such perform9 ance standards, as governed by any appli10 cable collective bargaining agreement or 

11 State law and after substantive targeted 

12 and reasonable support has been provided 

13 to such teachers and principals; and 

14 ‘‘(ix) in the case of a local educational 

15 agency in a State that has a State evalua16 tion framework, the alignment of the local 

17 educational agency’s evaluation system 

18 with, at a minimum, such framework and 

19 the requirements of this paragraph; 

20 ‘‘(4) implement ongoing high-quality support, 

21 coaching, and professional development for prin22 cipals and other school leaders serving the schools 

23 targeted for assistance under such subgrant, which 

24 shall— 


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1 ‘‘(A) include a comprehensive, coherent, 

2 high-quality formalized induction program out3 side the supervisory structure for beginning 

4 principals and other school leaders, during not 

5 less than the principals’ and other school lead6 ers’ first 2 years of full-time employment as a 

7 principal or other school leader in the local edu8 cational agency, to develop and improve the 

9 knowledge and skills described in subparagraph 

10 (B), including— 

11 ‘‘(i) a rigorous mentor or coach selec12 tion process based on exemplary adminis13 trative expertise and experience; 

14 ‘‘(ii) a program of ongoing opportuni15 ties throughout the school year for the 

16 mentoring or coaching of beginning prin17 cipals and other school leaders, including 

18 opportunities for regular observation and 

19 feedback; 

20 ‘‘(iii) foundational training and ongo21 ing professional development for mentors 

22 or coaches; and 

23 ‘‘(iv) the use of research-based leader24 ship standards, formative and summative 

25 assessments, or principal and other school 


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1 leader protocols (such as the National 

2 Board for Professional Teaching Stand3 ards Certification for Educational Leaders 

4 program or the 2008 Interstate School 

5 Leaders Licensure Consortium Standards); 

6 ‘‘(B) improve the knowledge and skills of 

7 school principals and other school leaders in— 

8 ‘‘(i) planning and articulating a 

9 shared and clear schoolwide direction, vi10 sion, and strategy for achieving high 

11 standards of student performance; 

12 ‘‘(ii) identifying and implementing the 

13 activities and rigorous student curriculum 

14 and assessments necessary for achieving 

15 such standards of performance; 

16 ‘‘(iii) managing and supporting a col17 laborative culture of ongoing learning and 

18 professional development and ensuring 

19 quality evidence of classroom practice (in20 cluding shared or distributive leadership 

21 and providing timely and constructive feed22 back to teachers to improve student learn23 ing and strengthen classroom practice); 

24 ‘‘(iv) communicating and engaging 

25 parents, families, and local communities 


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1 and organizations (including engaging in 

2 partnerships among elementary schools, 

3 secondary schools, and institutions of high4 er education to ensure the vertical align5 ment of student learning outcomes); 

6 ‘‘(v) collecting, analyzing, and uti7 lizing data and other tangible evidence of 

8 student learning and classroom practice 

9 (including the use of formative and 

10 summative assessments) to— 

11 ‘‘(I) guide decisions and actions 

12 for continuous instructional improve13 ment; and 

14 ‘‘(II) ensure performance ac15 countability; 

16 ‘‘(vi) managing resources and school 

17 time to ensure a safe and effective student 

18 learning environment; and 

19 ‘‘(vii) designing and implementing 

20 strategies for differentiated instruction and 

21 effectively identifying and educating di22 verse learners, including children with dis23 abilities and English language learners; 

24 and 


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1 ‘‘(C) provide feedback on the performance 

2 of beginning principals and other school leaders 

3 to local principal and leader preparation pro4 grams and recommendations for improving such 

5 programs; 

6 ‘‘(5)(A) create or enhance opportunities for 

7 teachers and school librarians to assume new school 

8 leadership roles and responsibilities, including— 

9 ‘‘(i) serving as mentors, instructional 

10 coaches, or master teachers; or 

11 ‘‘(ii) assuming increased responsibility for 

12 professional development activities, curriculum 

13 development, or school improvement and leader14 ship activities; and 

15 ‘‘(B) provide training for teachers who assume 

16 such school leadership roles and responsibilities; and 

17 ‘‘(6) provide significant and sustainable sti18 pends above a teacher’s base salary for teachers that 

19 serve as mentors, instructional coaches, teacher lead20 ers, or evaluators under the programs described in 

21 this subsection. 

22 ‘‘(b) SURVEY.—A local educational agency receiving 

23 a subgrant under this part shall conduct a valid and reli24 able full population survey of teaching and learning, at 

25 the school and local educational agency level, and include, 


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1 as topics in the survey, not less than the following ele2 ments essential to improving student learning and retain3 ing effective teachers: 

4 ‘‘(1) Instructional planning time. 

5 ‘‘(2) School leadership. 

6 ‘‘(3) Decisionmaking processes. 

7 ‘‘(4) Professional development. 

8 ‘‘(5) Facilities and resources, including the 

9 school library. 

10 ‘‘(6) Beginning teacher induction. 

11 ‘‘(7) School safety and environment. 

12 ‘‘(c) INTEGRATION AND ALIGNMENT.—The system 

13 described in subsection (a) shall— 

14 ‘‘(1) integrate and align all of the activities de15 scribed in such subsection; 

16 ‘‘(2) be informed by, and integrated with, the 

17 results of the survey described in subsection (b); 

18 ‘‘(3) be aligned with the State’s school improve19 ment efforts under sections 1116 and 1117; and 

20 ‘‘(4) be aligned with the programs funded 

21 under title II of the Higher Education Act of 1965 

22 and other professional development programs au23 thorized under this Act. 

24 ‘‘(d) ELIGIBLE ENTITIES.—The assistance required 

25 to be provided under this section may be provided— 


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1 ‘‘(1) by the local educational agency; or 

2 ‘‘(2) by the local educational agency, in collabo3 ration with— 

4 ‘‘(A) the State educational agency; 

5 ‘‘(B) an institution of higher education; 

6 ‘‘(C) a nonprofit organization; 

7 ‘‘(D) a teacher organization; 

8 ‘‘(E) a principal or school leader organiza9 tion; 

10 ‘‘(F) an educational service agency; 

11 ‘‘(G) a teaching residency program; or 

12 ‘‘(H) another nonprofit entity with experi13 ence in helping schools improve student achieve14 ment. 

15 ‘‘SEC. 2503. RULE OF CONSTRUCTION. 

16 ‘‘Nothing in this part shall be construed to alter or 

17 otherwise affect the rights, remedies, and procedures af18 forded school or school district employees under Federal, 

19 State, or local laws (including applicable regulations or 

20 court orders) or under the terms of collective bargaining 

21 agreements, memoranda of understanding, or other agree22 ments between such employees and their employers. 

23 ‘‘SEC. 2504. PROGRAM EVALUATION. 

24 ‘‘(a) IN GENERAL.—Each program required under 

25 section 2502(a) shall include a formal evaluation system 


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1 to determine, at a minimum, the effectiveness of each such 

2 program on— 

3 ‘‘(1) student learning; 

4 ‘‘(2) retaining teachers and principals, including 

5 differentiating the retainment data by profession 

6 and by the level of performance of the teachers and 

7 principals, based on the evaluation system described 

8 in section 2502(a)(3); 

9 ‘‘(3) teacher, principal, and other school leader 

10 practice, which shall include, for teachers and prin11 cipals, practice measured by the teacher and prin12 cipal evaluation system described in section 

13 2502(a)(3); 

14 ‘‘(4) student graduation rates, as applicable; 

15 ‘‘(5) teaching, learning, and working conditions; 

16 ‘‘(6) parent, family, and community involve17 ment and satisfaction; 

18 ‘‘(7) student attendance rates; 

19 ‘‘(8) teacher and principal satisfaction; and 

20 ‘‘(9) student behavior. 

21 ‘‘(b) LOCAL EDUCATIONAL AGENCY AND SCHOOL

22 EFFECTIVENESS.—The formal evaluation system de23 scribed in subsection (a) shall also measure the effective24 ness of the local educational agency and school in— 


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1 ‘‘(1) implementing the comprehensive induction 

2 program described in section 2502(a)(1); 

3 ‘‘(2) implementing high-quality professional de4 velopment described in section 2502(a)(2); 

5 ‘‘(3) developing and implementing a rigorous, 

6 transparent, and equitable teacher and principal 

7 evaluation system described in section 2502(a)(3); 

8 ‘‘(4) implementing mentoring, coaching, and 

9 professional development for school principals and 

10 other school leaders described in section 2502(a)(4); 

11 ‘‘(5) ensuring that mentors, teachers, and 

12 schools are using data to inform instructional prac13 tices; and 

14 ‘‘(6) ensuring that the comprehensive induction 

15 and high-quality mentoring required under section 

16 2502(a)(1) and the high impact professional devel17 opment required under section 2502(a)(2) are inte18 grated and aligned with the State’s school improve19 ment efforts under sections 1116 and 1117. 

20 ‘‘(c) CONDUCT OF EVALUATION.—The evaluation de21 scribed in subsection (a) shall be— 

22 ‘‘(1) conducted by the State, an institution of 

23 higher education, or an external agency that is expe24 rienced in conducting such evaluations; and 


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1 ‘‘(2) developed in collaboration with groups 

2 such as— 

3 ‘‘(A) experienced educators with track 

4 records of success in the classroom; 

5 ‘‘(B) institutions of higher education in6 volved with teacher induction and professional 

7 development located within the State; and 

8 ‘‘(C) local teacher, principal, and school 

9 leader organizations. 

10 ‘‘(d) DISSEMINATION.— 

11 ‘‘(1) IN GENERAL.—The results of the evalua12 tion described in subsection (a) shall be submitted to 

13 the Secretary. 

14 ‘‘(2) DISSEMINATION.—The Secretary shall 

15 make the results of each evaluation described in sub16 section (a) available to States, local educational 

17 agencies, and the public. 

18 ‘‘SEC. 2505. AUTHORIZATION OF APPROPRIATIONS. 

19 ‘‘There are authorized to be appropriated to carry out 

20 this part such sums as may be necessary for fiscal year 

21 2014 and each succeeding fiscal year.’’. 

22 (b) TABLE OF CONTENTS.—The table of contents in 

23 section 2 of the Elementary and Secondary Education Act 

24 of 1965 is amended by inserting after the item relating 

25 to section 2441 the following: 


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‘‘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.’’. 

Æ 


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