II 

112TH CONGRESS 

1ST SESSION S. 1567 

To amend title II of the Elementary and Secondary Education Act of 1965, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 15, 2011 

Mr. ALEXANDER (for himself, Mr. ISAKSON, Mr. KIRK, Mr. ROBERTS, and 

Mr. WICKER) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To amend title II of the Elementary and Secondary 

Education Act of 1965, 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 and Principal 

5 Improvement Act’’. 

6 SEC. 2. HIGH-QUALITY TEACHERS AND PRINCIPALS. 

7 The Elementary and Secondary Education Act of 

8 1965 (20 U.S.C. 6301 et seq.) is amended— 


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1 (1) by redesignating subpart 5 of part C of title 

2 II as subpart 3 of part E of title IX and moving 

3 that subpart to the end of part E of title IX; 

4 (2) by redesignating sections 2361 through 

5 2368 as sections 9541 through 9548, respectively; 

6 (3) by striking the subpart heading of subpart 

7 3 of part E of title IX, as redesignated by paragraph 

8 (1), and inserting the following: 

9 ‘‘Subpart 3—Teacher Liability Protection’’; 

10 (4) in section 9546, as redesignated by para11 graph (2), in subsection (b), by striking the matter 

12 following paragraph (2) and inserting the following: 

13 ‘‘(3) A State law that makes a limitation of li14 ability inapplicable if the civil action was brought by 

15 an officer of a State or local government pursuant 

16 to State or local law.’’; 

17 (5) by redesignating subpart 4 of part D of title 

18 II as subpart 4 of part E of title IX and moving 

19 that subpart to the end of part E of title IX; 

20 (6) by redesignating section 2441 as section 

21 9551; 

22 (7) by striking the subpart heading of subpart 

23 4 of title IX, as redesignated by paragraph (5), and 

24 inserting the following: 


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1 ‘‘Subpart 4—Internet Safety’’; 

2 and 

3 (8) by striking title II and inserting the fol4 lowing: 

5 ‘‘TITLE II—PREPARING, TRAIN6 ING, AND RECRUITING HIGH7 QUALITY TEACHERS AND 

8 PRINCIPALS 

9 ‘‘SEC. 2001. AUTHORIZATION OF APPROPRIATIONS. 

10 ‘‘(a) GRANTS TO STATES AND LOCAL EDUCATIONAL

11 AGENCIES.—There are authorized to be appropriated to 

12 carry out this title $3,285,993,842 for each of fiscal years 

13 2012 through 2016. 

14 ‘‘(b) NATIONAL ACTIVITIES.—From amounts appro15 priated under subsection (a) for each fiscal year, the Sec16 retary shall reserve not more than 5 percent to carry out 

17 activities authorized under subpart 4 of part A. 

18 ‘‘(c) TEACHER INCENTIVE FUND.—From amounts 

19 appropriated under subsection (a) for each fiscal year that 

20 remain after making the reservation under subsection (b), 

21 the Secretary shall reserve not less than 20 percent to 

22 carry out activities authorized under part B. 


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1 ‘‘PART A—TEACHER AND PRINCIPAL TRAINING 

2 AND RECRUITMENT FUND 

3 ‘‘SEC. 2101. PURPOSE. 

4 ‘‘The purpose of this part is to improve student aca5 demic achievement by improving teacher and principal 

6 quality and effectiveness and increasing the number of 

7 teachers and principals who are effective in improving stu8 dent academic achievement in schools. 

9 ‘‘SEC. 2102. DEFINITIONS. 

10 ‘‘In this title: 

11 ‘‘(1) CORE ACADEMIC SUBJECTS.—The term 

12 ‘core academic subjects’ means English, reading or 

13 language arts, writing, science, technology, engineer14 ing, mathematics, foreign languages, civics and gov15 ernment, economics, arts, history, and geography. 

16 ‘‘(2) STATE.—The term ‘State’ means each of 

17 the 50 States, the District of Columbia, and the 

18 Commonwealth of Puerto Rico. 

19 ‘‘Subpart 1—Grants to States 

20 ‘‘SEC. 2111. ALLOTMENTS TO STATES. 

21 ‘‘(a) IN GENERAL.—The Secretary shall make grants 

22 to States with applications approved under section 2112 

23 to pay for the Federal share of the cost of carrying out 

24 the activities specified in section 2113. Each grant shall 

25 consist of the allotment determined for a State under sub26 section (b). 


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1 ‘‘(b) DETERMINATION OF ALLOTMENTS.— 

2 ‘‘(1) RESERVATION OF FUNDS.—From the total 

3 amount appropriated under section 2001(a) for a 

4 fiscal year, the Secretary shall reserve— 

5 ‘‘(A) one-half of 1 percent for allotments 

6 for the United States Virgin Islands, Guam, 

7 American Samoa, and the Commonwealth of 

8 the Northern Mariana Islands, to be distributed 

9 among those outlying areas on the basis of their 

10 relative need, as determined by the Secretary, 

11 in accordance with the purpose of this part; and 

12 ‘‘(B) one-half of 1 percent for the Sec13 retary of the Interior for programs under this 

14 part in schools operated or funded by the Bu15 reau of Indian Education. 

16 ‘‘(2) STATE ALLOTMENTS.— 

17 ‘‘(A) IN GENERAL.—Subject to subpara18 graph (B), from the amount appropriated under 

19 section 2001(a) for a fiscal year that remains 

20 after the Secretary makes the reservations 

21 under paragraph (1), the Secretary shall allot 

22 to each State with an approved application for 

23 such fiscal year the sum of— 

24 ‘‘(i) an amount that bears the same 

25 relationship to 20 percent of the remaining 


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1 amount as the number of individuals age 5 

2 through 17 in the State, as determined by 

3 the Secretary on the basis of the most re4 cent satisfactory data, bears to the number 

5 of those individuals in all such States, as 

6 so determined; and 

7 ‘‘(ii) an amount that bears the same 

8 relationship to 80 percent of the remaining 

9 amount as the number of individuals age 5 

10 through 17 from families with incomes 

11 below the poverty line, in the State, as de12 termined by the Secretary on the basis of 

13 the most recent satisfactory data, bears to 

14 the number of those individuals in all such 

15 States, as so determined. 

16 ‘‘(B) EXCEPTION.—No State receiving an 

17 allotment under clause (A) may receive less 

18 than one-half of 1 percent of the total remain19 ing amount allotted under such subparagraph 

20 for a fiscal year. 

21 ‘‘SEC. 2112. STATE APPLICATIONS. 

22 ‘‘(a) IN GENERAL.—For a State to be eligible to re23 ceive a grant under this part, the State educational agency 

24 shall submit an application to the Secretary at such time, 


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1 in such manner, and containing such information as the 

2 Secretary may reasonably require. 

3 ‘‘(b) CONTENTS.—Each application submitted under 

4 this section shall include the following: 

5 ‘‘(1) An assurance that the activities to be car6 ried out by the State educational agency under this 

7 subpart will be based on a review of scientifically 

8 valid research and an explanation of why the activi9 ties are expected to improve student academic 

10 achievement. 

11 ‘‘(2) An assurance that the State educational 

12 agency will use funds under this part to improve the 

13 quality of the State’s teachers and principals. 

14 ‘‘(3) An assurance that the State educational 

15 agency will coordinate professional development ac16 tivities authorized under this part with professional 

17 development activities provided under other Federal, 

18 State, and local programs. 

19 ‘‘(4) An assurance that the State educational 

20 agency will work in consultation with the entity re21 sponsible for teacher professional standards, certifi22 cation, and licensing, to ensure that the State activi23 ties carried out under this subpart are carried out 

24 in conjunction with the entity responsible for such 


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1 standards, certification, and licensing under State 

2 law. 

3 ‘‘(5) An assurance that the State educational 

4 agency will comply with section 9501 (regarding par5 ticipation by private school children and teachers). 

6 ‘‘(6) A description of how the State educational 

7 agency will use funds received under this title for 

8 State-level activities described in section 2113(b). 

9 ‘‘(c) DEEMED APPROVAL.—An application submitted 

10 by a State educational agency pursuant to subsection (a) 

11 shall be deemed to be approved by the Secretary unless 

12 the Secretary makes a written determination, prior to the 

13 expiration of the 120-day period beginning on the date on 

14 which the Secretary received the application, that the ap15 plication fails to meet the requirements of this subpart. 

16 ‘‘(d) DISAPPROVAL.—The Secretary shall not finally 

17 disapprove an application submitted under this section, ex18 cept after giving the State educational agency notice and 

19 an opportunity for a hearing. 

20 ‘‘(e) NOTIFICATION.—If the Secretary finds that an 

21 application submitted under this section is not in compli22 ance, in whole or in part, with this subpart, the Secretary 

23 shall— 

24 ‘‘(1) give the State educational agency notice 

25 and an opportunity for a hearing; and 


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1 ‘‘(2) notify the State educational agency of the 

2 finding of noncompliance and, in such notification, 

3 shall— 

4 ‘‘(A) cite the specific provisions in the ap5 plication that are not in compliance; and 

6 ‘‘(B) request additional information, only 

7 as to the noncompliant provisions, needed to 

8 make the application compliant. 

9 ‘‘(f) RESPONSE.—If the State educational agency re10 sponds to the Secretary’s notification described in sub11 section (e)(2) during the 45-day period beginning on the 

12 date on which the agency received the notification, and 

13 resubmits the application with the requested information 

14 described in subsection (e)(2)(B), the Secretary shall ap15 prove or disapprove such application prior to the later of— 

16 ‘‘(1) the expiration of the 45-day period begin17 ning on the date on which the application is resub18 mitted; or 

19 ‘‘(2) the expiration of the 120-day period de20 scribed in subsection (c). 

21 ‘‘(g) FAILURE TO RESPOND.—If the State edu22 cational agency does not respond to the Secretary’s notifi23 cation described in subsection (e)(2) during the 45-day pe24 riod beginning on the date on which the agency received 


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1 the notification, such application shall be deemed to be 

2 disapproved. 

3 ‘‘SEC. 2113. STATE USE OF FUNDS. 

4 ‘‘(a) IN GENERAL.—A State that receives a grant 

5 under section 2111 shall— 

6 ‘‘(1) reserve 98.5 percent of the funds made 

7 available through the grant to make subgrants to 

8 local educational agencies as described in subpart 2; 

9 and 

10 ‘‘(2) use the remainder of the funds for State 

11 activities described in subsection (b). 

12 ‘‘(b) STATE ACTIVITIES.—The State educational 

13 agency for a State that receives a grant under section 

14 2111 shall use the funds described in subsection (a)(2) 

15 to carry out 1 or more of the following activities, which 

16 may be carried out through a grant or contract with a 

17 for-profit or nonprofit entity: 

18 ‘‘(1) Reforming teacher and principal certifi19 cation or licensing requirements to ensure that— 

20 ‘‘(A) teachers have the necessary subject 

21 matter knowledge and teaching skills in the 

22 academic subjects that the teachers teach to 

23 help students meet challenging State standards; 


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1 ‘‘(B) principals have the instructional lead2 ership skills to help teachers teach and to help 

3 students meet challenging State standards; and 

4 ‘‘(C) teacher certification or licensing re5 quirements are aligned with challenging State 

6 standards. 

7 ‘‘(2) Developing or improving teacher and prin8 cipal evaluation systems that shall be based in sig9 nificant part on evidence of student achievement. 

10 ‘‘(3) Carrying out programs that establish, ex11 pand, or improve alternative routes for State certifi12 cation of teachers and principals, especially in the 

13 areas of mathematics and science, for highly quali14 fied individuals with a bachelor’s or master’s degree, 

15 including mid-career professionals from other occu16 pations, paraprofessionals, former military per17 sonnel, and recent college or university graduates 

18 with records of academic distinction who dem19 onstrate the potential to become highly effective 

20 teachers or principals. 

21 ‘‘(4) Developing and implementing mechanisms 

22 to assist local educational agencies and schools in ef23 fectively recruiting and retaining teachers and prin24 cipals who are effective in improving student aca25 demic achievement. 


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1 ‘‘(5) Reforming tenure systems. 

2 ‘‘(6) Fulfilling the State educational agency’s 

3 responsibilities concerning proper and efficient ad4 ministration and monitoring of the programs carried 

5 out under this part, including provision of technical 

6 assistance to local educational agencies. 

7 ‘‘(7) Developing, or assisting local educational 

8 agencies in developing, performance-based pay sys9 tems, and strategies that provide differential and 

10 bonus pay for teachers in high-need academic sub11 jects and teachers or principals in high-poverty 

12 schools and districts. 

13 ‘‘(8) Developing, or assisting local educational 

14 agencies in developing, teacher advancement initia15 tives that promote professional growth and empha16 size multiple career paths and pay differentiation. 

17 ‘‘(9) Providing assistance to local educational 

18 agencies for the development and implementation of 

19 professional development programs for principals 

20 that enable the principals to be effective school lead21 ers and prepare all students to meet challenging 

22 State academic content and student academic 

23 achievement standards, and the development and 

24 support of school leadership academies to develop 

25 educational leaders. 


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1 ‘‘(10) Other activities identified by the State 

2 that meet the purpose of this part. 

3 ‘‘(c) SUPPLEMENT, NOT SUPPLANT.—Funds re4 ceived under this subpart shall be used to supplement, and 

5 not supplant, non-Federal funds that would otherwise be 

6 used for activities authorized under this subpart. 

7 ‘‘Subpart 2—Subgrants to Local Educational 

8 Agencies 

9 ‘‘SEC. 2121. ALLOCATIONS TO LOCAL EDUCATIONAL AGEN10 CIES. 

11 ‘‘(a) IN GENERAL.—The Secretary may make a grant 

12 to a State under subpart 1 only if the State educational 

13 agency agrees to distribute the funds described in section 

14 2113(a)(1) as subgrants to local educational agencies 

15 under this subpart. 

16 ‘‘(b) ALLOCATION OF FUNDS.— 

17 ‘‘(1) IN GENERAL.—A State educational agency 

18 that receives a grant under this part shall use the 

19 funds described in section 2113(a)(1) for a fiscal 

20 year to award subgrants to local educational agen21 cies from allocations described in paragraph (2). 

22 ‘‘(2) ALLOCATION FORMULA.—From the funds 

23 described in paragraph (1), the State educational 

24 agency shall allocate to each of the eligible local eduVerDate Mar 15 2010 22:29 Sep 20, 2011 Jkt 099200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S1567.IS S1567

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1 cational agencies in the State for a fiscal year the 

2 sum of— 

3 ‘‘(A) an amount that bears the same rela4 tionship to 20 percent of the funds for such fis5 cal year as the number of individuals age 5 

6 through 17 in the geographic area served by the 

7 agency, as determined by the Secretary on the 

8 basis of the most recent satisfactory data, bears 

9 to the number of those individuals in the geo10 graphic areas served by all the local educational 

11 agencies in the State, as so determined; and 

12 ‘‘(B) an amount that bears the same rela13 tionship to 80 percent of the funds for such fis14 cal year as the number of individuals age 5 

15 through 17 from families with incomes below 

16 the poverty line in the geographic area served 

17 by the agency, as determined by the Secretary 

18 on the basis of the most recent satisfactory 

19 data, bears to the number of those individuals 

20 in the geographic areas served by all the local 

21 educational agencies in the State, as so deter22 mined. 


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1 ‘‘SEC. 2122. LOCAL APPLICATIONS AND NEEDS ASSESS2 MENT. 

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

4 subgrant under this subpart, a local educational agency 

5 shall submit an application to the State educational agen6 cy at such time, in such manner, and containing such in7 formation as the State educational agency may reasonably 

8 require. 

9 ‘‘(b) NEEDS ASSESSMENT.— 

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

11 subgrant under this subpart, a local educational 

12 agency shall conduct a comprehensive needs assess13 ment, based on student academic achievement, iden14 tified by the local educational agency and school 

15 staff, including— 

16 ‘‘(A) increasing the number of teachers 

17 and principals who are effective in improving 

18 student academic achievement; 

19 ‘‘(B) ensuring that low-income and minor20 ity students are served by effective teachers and 

21 principals and have access to a high-quality in22 structional program in the core academic sub23 jects; 

24 ‘‘(C) hiring, retention, and promotion; 


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1 ‘‘(D) understanding and using data and 

2 assessments to improve student learning and 

3 classroom practice; 

4 ‘‘(E) improving student behavior in the 

5 classroom and school, including the identifica6 tion of early and appropriate interventions; and 

7 ‘‘(F) teaching students who are English 

8 language learners and students with disabilities. 

9 ‘‘(2) CONSULTATION.— 

10 ‘‘(A) IN GENERAL.—In conducting a needs 

11 assessment as described in paragraph (1), a 

12 local educational agency shall— 

13 ‘‘(i) involve teachers, principals, pupil 

14 services personnel, parents, community15 based organizations, and others with rel16 evant and demonstrated expertise in pro17 grams and activities designed to meet the 

18 purpose of this part; and 

19 ‘‘(ii) take into account the activities 

20 that need to be conducted in order to give 

21 teachers and principals the skills to provide 

22 students with the opportunity to meet chal23 lenging State standards. 

24 ‘‘(B) CONTINUED CONSULTATION.—A local 

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1 viduals and organizations described in subpara2 graph (A) on an ongoing basis in order to— 

3 ‘‘(i) seek advice regarding how best to 

4 improve the local educational agency’s ac5 tivities to meet the purpose of this part; 

6 and 

7 ‘‘(ii) coordinate the local educational 

8 agency’s activities under this part with 

9 other related strategies, programs, and ac10 tivities being conducted in the community. 

11 ‘‘(c) CONTENTS.—Each application submitted under 

12 this section shall be based on the results of the needs as13 sessment required under subsection (b) and shall include 

14 the following: 

15 ‘‘(1) A description of the results of the com16 prehensive needs assessment carried out under sub17 section (b). 

18 ‘‘(2) A description of the activities to be carried 

19 out by the local educational agency under this sub20 part and how these activities will be aligned with 

21 State standards and assessments. 

22 ‘‘(3) A description of how the activities will be 

23 based on a review of scientifically valid research and 

24 an explanation of why the activities are expected to 

25 improve student academic achievement. 


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1 ‘‘(4) A description of how the activities will 

2 have a substantial, measurable, and positive impact 

3 on student academic achievement and how the activi4 ties will be used as part of a broader strategy to 

5 eliminate the achievement gap. 

6 ‘‘(5) A description of the program activities to 

7 be conducted in the schools served by the local edu8 cational agency. 

9 ‘‘(6) A description of the professional develop10 ment activities that will be made available to teach11 ers and principals to meet needs identified by the 

12 needs assessment described in subsection (b). 

13 ‘‘(7) A description of how the local educational 

14 agency will support efforts to train teachers and 

15 principals to effectively integrate technology into 

16 curricula and instruction. 

17 ‘‘(8) An assurance that the local educational 

18 agency will comply with section 9501 (regarding par19 ticipation by private school children and teachers). 

20 ‘‘(9) An assurance that the local educational 

21 agency will target funds to schools served by the 

22 agency that are identified under section 

23 1114(a)(1)(B) and have the highest percentage or 

24 number of children counted under section 1124(c). 


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1 ‘‘(10) An assurance that the local educational 

2 agency will coordinate professional development ac3 tivities authorized under this subpart with profes4 sional development activities provided through other 

5 Federal, State, and local programs. 

6 ‘‘SEC. 2123. LOCAL USE OF FUNDS. 

7 ‘‘(a) IN GENERAL.—A local educational agency that 

8 receives a subgrant under section 2121 shall use the funds 

9 made available through the subgrant to carry out 1 or 

10 more of the following activities, which may be carried out 

11 through a grant or contract with a for-profit or nonprofit 

12 entity: 

13 ‘‘(1) Meeting the needs identified in the needs 

14 assessment described in 2122(b). 

15 ‘‘(2) Developing or improving a rigorous, trans16 parent, and fair evaluation system for teachers and 

17 principals that shall be based in significant part on 

18 evidence of student achievement. 

19 ‘‘(3) Developing and implementing initiatives to 

20 assist in recruiting, hiring, and retaining effective 

21 teachers and principals, particularly in high-poverty 

22 schools with high percentages of ineffective teachers 

23 and high percentages of students who do not meet 

24 State-determined proficient levels of achievement in 


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1 the core academic subjects, including initiatives that 

2 provide— 

3 ‘‘(A) differential, incentive, or bonus pay 

4 for teachers in high-need academic subject 

5 areas and specialty areas; 

6 ‘‘(B) performance-based pay systems for 

7 teachers and principals; 

8 ‘‘(C) teacher advancement, professional 

9 growth, and emphasis on multiple career paths 

10 and pay differentiation; and 

11 ‘‘(D) new teacher and principal induction 

12 and mentoring programs that are designed to 

13 improve instruction, student learning and 

14 achievement, and to increase teacher and prin15 cipal retention. 

16 ‘‘(4) Recruiting qualified individuals from other 

17 fields, including mid-career professionals from other 

18 occupations, former military personnel, and recent 

19 graduates of an institution of higher education with 

20 a record of academic distinction who demonstrate 

21 potential to become effective teachers or principals. 

22 ‘‘(5) Establishing, improving, or expanding 

23 model instructional programs in the core academic 

24 subjects to ensure that all children receive a well25 rounded and complete education. 


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1 ‘‘(6) Providing high-quality professional devel2 opment for teachers and principals focused on im3 proving teaching and student learning and achieve4 ment in the core academic subjects, including sup5 porting efforts to train teachers and principals to ef6 fectively integrate technology into curricula and in7 struction. 

8 ‘‘(7) Developing programs and activities that 

9 increase the ability of teachers to effectively teach 

10 students with disabilities, including students with 

11 significant cognitive disabilities, which may include 

12 the use of response to intervention and positive be13 havioral intervention and supports, and students 

14 who are English language learners so that such stu15 dents can meet State academic content and student 

16 academic achievement standards. 

17 ‘‘(8) Providing students with increased access 

18 to up-to-date school library materials, a well19 equipped, technologically advanced school library 

20 media center, and well-trained professionally cer21 tified school library media specialists. 

22 ‘‘(9) Providing programs and activities to help 

23 students prepare for postsecondary level coursework 

24 in the core academic subjects, including early college 

25 or dual enrollment programs, Advanced Placement 


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1 and International Baccalaureate programs, and 

2 other advanced learning programs, including pro3 grams to meet the educational needs of gifted and 

4 talented students. 

5 ‘‘(10) Providing programs that support ex6 tended learning opportunities in the core academic 

7 subjects, including before and after school programs, 

8 summer school programs, and programs that extend 

9 the school day, week, or school-year calendar. 

10 ‘‘(11) Carrying out other activities identified by 

11 the local educational agencies that meet the purpose 

12 of this part. 

13 ‘‘(b) ADMINISTRATIVE COSTS.—A local educational 

14 agency that receives a subgrant under section 2121 may 

15 use not more than 2 percent of the subgrant funds for 

16 the direct administrative costs of carrying out its respon17 sibilities under this subpart. 

18 ‘‘(c) SUPPLEMENT, NOT SUPPLANT.—Funds re19 ceived under this subpart shall be used to supplement, and 

20 not supplant, non-Federal funds that would otherwise be 

21 used for activities authorized under this subpart. 


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1 ‘‘Subpart 3—Accountability 

2 ‘‘SEC. 2141. REPORTING. 

3 ‘‘(a) IN GENERAL.—Each State educational agency 

4 receiving funds under this part shall submit to the Sec5 retary a report that provides— 

6 ‘‘(1) the number of teachers and principals in 

7 the State who are licensed and certified; 

8 ‘‘(2) the number of teachers in the State who 

9 are licensed and certified to teach in their field of 

10 study; 

11 ‘‘(3) the number of teachers and principals in 

12 the State who have received emergency licensure; 

13 ‘‘(4) the passage rate of teacher and principal 

14 licensure examinations; and 

15 ‘‘(5) if applicable, results of teacher and prin16 cipal evaluation systems. 

17 ‘‘(b) LOCAL EDUCATIONAL AGENCY REPORT.—Each 

18 local educational agency receiving funds under this sub19 part shall submit to the State educational agency such in20 formation that the State requires, which shall include the 

21 information listed in subsection (a). 

22 ‘‘(c) AVAILABILITY.—The reports and information 

23 provided under subsections (a) and (b) shall be made read24 ily available to the public. 


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1 ‘‘Subpart 4—National Activities 

2 ‘‘SEC. 2151. NATIONAL ACTIVITIES OF DEMONSTRATED EF3 FECTIVENESS. 

4 ‘‘(a) TECHNICAL ASSISTANCE AND NATIONAL EVAL5 UATION.—From the funds reserved by the Secretary 

6 under section 2001(b) to carry out this subpart, the Sec7 retary may reserve not more than 20 percent to carry out 

8 directly or through grants and contracts— 

9 ‘‘(1) technical assistance to States and local 

10 educational agencies carrying out activities under 

11 this part; and 

12 ‘‘(2) national evaluations of activities carried 

13 out by States and local educational agencies under 

14 this part. 

15 ‘‘(b) PROGRAMS OF NATIONAL SIGNIFICANCE.— 

16 From the funds reserved by the Secretary under section 

17 2001(b), the Secretary shall award grants, on a competi18 tive basis, to national nonprofit organizations with a dem19 onstrated record of meeting the purpose of this part for 

20 teacher or principal preparation and professional develop21 ment activities and programs. 

22 ‘‘(c) COST-SHARING.— 

23 ‘‘(1) IN GENERAL.—A national nonprofit orga24 nization that receives a grant under this section, 

25 shall provide, from non-Federal sources, not less 


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1 than 50 percent of the funds for the total cost for 

2 each year of activities carried out under this section. 

3 ‘‘(2) ACCEPTABLE CONTRIBUTIONS.—A na4 tional nonprofit organization that receives a grant 

5 under this section may meet the requirement of 

6 paragraph (1) by providing contributions in cash or 

7 in kind, fairly evaluated, including plant, equipment, 

8 and services. 

9 ‘‘(3) WAIVERS.—The Secretary may waive or 

10 modify the requirement of paragraph (1) in cases of 

11 demonstrated financial hardship. 

12 ‘‘SEC. 2152. PROHIBITION AGAINST FEDERAL MANDATES, 

13 DIRECTION, OR CONTROL. 

14 ‘‘Nothing in this part shall be construed to authorize 

15 the Secretary or any other officer or employee of the Fed16 eral Government to mandate, direct, control, or exercise 

17 any direction or supervision over a State, local educational 

18 agency, or school’s instructional content or materials, cur19 riculum, program of instruction, academic content and 

20 student academic achievement standards, or academic as21 sessments. 

22 ‘‘PART B—TEACHER INCENTIVE FUND 

23 ‘‘SEC. 2201. PURPOSES; DEFINITIONS. 

24 ‘‘(a) PURPOSES.—The purposes of this part are— 


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1 ‘‘(1) to assist States, local educational agencies, 

2 and nonprofit organizations to develop, implement, 

3 improve, or expand comprehensive performance4 based compensation systems for teachers and prin5 cipals, especially for teachers and principals in high6 need schools, who raise student academic achieve7 ment and close the achievement gap; and 

8 ‘‘(2) to study and review performance-based 

9 compensation systems for teachers and principals to 

10 evaluate the effectiveness, fairness, quality, consist11 ency, and reliability of the systems. 

12 ‘‘(b) DEFINITIONS.—In this part: 

13 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en14 tity’ means— 

15 ‘‘(A) a local educational agency or a con16 sortium of local educational agencies, including 

17 a charter school that is a local educational 

18 agency; 

19 ‘‘(B) a State educational agency, or other 

20 State agency designated by the chief executive 

21 of a State to participate under this part; or 

22 ‘‘(C) a partnership consisting of— 

23 ‘‘(i) one or more agencies described in 

24 subparagraph (A) or (B); and 


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1 ‘‘(ii) at least 1 nonprofit or for-profit 

2 organization. 

3 ‘‘(2) HIGH-NEED LOCAL EDUCATIONAL AGEN4 CY.—The term ‘high-need local educational agency’ 

5 means a local educational agency— 

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

7 children from families with incomes below the 

8 poverty line; or 

9 ‘‘(ii) for which not less than 20 percent of 

10 the children served by the agency are from fam11 ilies with incomes below the poverty line; and 

12 ‘‘(B)(i) for which there is a high percent13 age of teachers not teaching in the academic 

14 subjects or grade levels that the teachers were 

15 trained to teach; or 

16 ‘‘(ii) for which there is a high percentage 

17 of teachers with emergency, provisional, or tem18 porary certification or licensing. 

19 ‘‘(3) HIGH-NEED SCHOOL.—The term ‘high20 need school’ means a school that— 

21 ‘‘(A) is located in an area in which the per22 centage of students from families with incomes 

23 below the poverty line is 30 percent or more; or 

24 ‘‘(B)(i) has a high percentage of out-of25 field teachers; 


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1 ‘‘(ii) is within the top quartile of elemen2 tary schools and secondary schools statewide, as 

3 ranked by the number of unfilled, available 

4 teaching positions at the schools; 

5 ‘‘(iii) has a high teacher turnover rate; or 

6 ‘‘(iv) has a high percentage of teachers 

7 who are not certified or licensed. 

8 ‘‘(4) PERFORMANCE-BASED COMPENSATION

9 SYSTEM.—The term ‘performance-based compensa10 tion system’ means a system of compensation for 

11 teachers and principals that— 

12 ‘‘(A) differentiates levels of compensation 

13 primarily on the basis of measurable increases 

14 in student academic achievement; and 

15 ‘‘(B) may include— 

16 ‘‘(i) differentiated levels of compensa17 tion on the basis of effective teachers’ and 

18 principals’ employment and success in 

19 hard-to-staff schools or high-need subject 

20 areas; and 

21 ‘‘(ii) recognition of the skills and 

22 knowledge of teachers and principals as 

23 demonstrated through— 


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1 ‘‘(I) successful fulfillment of ad2 ditional responsibilities or job func3 tions; and 

4 ‘‘(II) evidence of high achieve5 ment and mastery of content knowl6 edge and superior teaching skills. 

7 ‘‘SEC. 2202. TEACHER INCENTIVE FUND GRANTS. 

8 ‘‘(a) IN GENERAL.—From the amounts appropriated 

9 to carry out this part, the Secretary is authorized to award 

10 grants, on a competitive basis, to eligible entities to enable 

11 the eligible agencies to develop, implement, improve, or ex12 pand a performance-based compensation system in a 

13 school served by a project under this part. 

14 ‘‘(b) PRIORITY.—In awarding a grant under this 

15 part, the Secretary shall give priority to an eligible entity 

16 that concentrates the activities proposed to be assisted 

17 under the grant on teachers and principals serving in high18 need schools. 

19 ‘‘(c) APPLICATIONS.—To be eligible to receive a grant 

20 under this part, an eligible entity shall submit an applica21 tion to the Secretary, at such time and in such manner 

22 as the Secretary may reasonably require. The application 

23 shall include— 


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1 ‘‘(1) a description of the performance-based 

2 compensation system that the eligible entity pro3 poses to develop, implement, improve, or expand; 

4 ‘‘(2) a description and evidence of the support 

5 and commitment, from teachers and principals in 

6 the school to be served by the project, the commu7 nity, and the local educational agency, for the per8 formance-based compensation system, including a 

9 demonstration of consultation with teachers and 

10 principals on the development and implementation of 

11 the performance-based compensation system; 

12 ‘‘(3) a description of how the eligible entity will 

13 develop and implement a fair, rigorous, and objective 

14 process to evaluate teacher, principal, and student 

15 performance under the project, including the base16 line performance against which evaluations of im17 proved performance will be made; 

18 ‘‘(4) a description of the local educational agen19 cy or school to be served by the project, including 

20 such student academic achievement, demographic, 

21 and socioeconomic information as the Secretary may 

22 request; 

23 ‘‘(5) a description of the quality of teachers and 

24 principals in the local educational agency and the 

25 schools to be served by the project and how the 


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1 project will increase the quality of teachers and prin2 cipals in a high-need school; 

3 ‘‘(6) a description of how the eligible entity will 

4 use grant funds under this part in each year of the 

5 grant; 

6 ‘‘(7) a description of how the eligible entity will 

7 continue the performance-based compensation sys8 tem assisted under the grant after the grant ends; 

9 ‘‘(8) a description, if applicable, of how the eli10 gible entity will define effective for the purposes of 

11 section 2201(b)(4)(B)(i), through the use of measur12 able indicators, that are based in significant part on 

13 measures of student academic achievement; and 

14 ‘‘(9) a description of the State, local, or other 

15 public or private funds that will be used to supple16 ment the grant and sustain the activities assisted 

17 under the grant at the end of the grant period. 

18 ‘‘(d) USE OF FUNDS.— 

19 ‘‘(1) IN GENERAL.—An eligible entity that re20 ceives a grant under this part shall use the grant 

21 funds to develop, implement, improve, or expand, in 

22 collaboration with teachers, principals, other school 

23 administrators, and members of the public, a per24 formance-based compensation system consistent with 

25 this part. 


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1 ‘‘(2) AUTHORIZED ACTIVITIES.—Grant funds 

2 under this part may be used for the following: 

3 ‘‘(A) Developing appraisal systems that re4 flect clear and fair measures of teacher and 

5 principal performance based on demonstrated 

6 improvements in student academic achievement. 

7 ‘‘(B) Conducting outreach within a local 

8 educational agency or a State to gain input on 

9 how to construct the appraisal system and to 

10 develop support for the appraisal system. 

11 ‘‘(C) Paying, as part of a comprehensive 

12 performance-based compensation system, bo13 nuses and increased salaries, if the eligible enti14 ty uses an increasing share of non-Federal 

15 funds to pay the bonuses and increased salaries 

16 each year of the grant, to— 

17 ‘‘(i) teachers and principals who raise 

18 student academic achievement; 

19 ‘‘(ii) teachers who— 

20 ‘‘(I) raise student academic 

21 achievement; and 

22 ‘‘(II)(aa) teach in high-need 

23 schools; or 

24 ‘‘(bb) teach subjects that are dif25 ficult to staff; or 


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1 ‘‘(iii) principals who raise student aca2 demic achievement in the school and serve 

3 in high-need schools. 

4 ‘‘(e) DURATION OF GRANTS.— 

5 ‘‘(1) IN GENERAL.—The Secretary may award 

6 a grant under this part for a period of not more 

7 than 5 years. 

8 ‘‘(2) LIMITATION.—A local educational agency 

9 may receive (whether individually or as part of a 

10 consortium or partnership) a grant under this part 

11 only once. 

12 ‘‘(f) EQUITABLE DISTRIBUTION.—To the extent 

13 practicable, the Secretary shall ensure an equitable geo14 graphic distribution of grants under this part. 

15 ‘‘(g) MATCHING REQUIREMENT.—Each eligible enti16 ty that receives a grant under this part shall provide, from 

17 non-Federal sources, an amount equal to 50 percent of 

18 the amount of the grant (which may be provided in cash 

19 or in-kind) to carry out the activities supported by the 

20 grant. 

21 ‘‘(h) SUPPLEMENT, NOT SUPPLEMENT.—Grant 

22 funds provided under this part shall be used to supple23 ment, not supplant, other Federal or State funds available 

24 to carry out activities described in this part. 


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1 ‘‘SEC. 2203. REPORTS AND EVALUATIONS. 

2 ‘‘(a) ACTIVITIES SUMMARY.—Each eligible entity re3 ceiving a grant under this part shall provide to the Sec4 retary a summary of the activities assisted under the 

5 grant. 

6 ‘‘(b) REPORT.—The Secretary shall provide to Con7 gress an annual report on the implementation of the pro8 gram assisted under this part, including— 

9 ‘‘(1) information on eligible entities that re10 ceived grant funds under this part, including— 

11 ‘‘(A) information provided by eligible enti12 ties to the Secretary in the applications sub13 mitted under section 2202(c); 

14 ‘‘(B) the summaries received under sub15 section (a); and 

16 ‘‘(C) grant award amounts; 

17 ‘‘(2) student academic achievement data; and 

18 ‘‘(3) such other information as the Secretary 

19 may include. 

20 ‘‘(c) EVALUATION.— 

21 ‘‘(1) IN GENERAL.—The Secretary shall, 

22 through a grant or contract, carry out an inde23 pendent evaluation to measure the effectiveness of 

24 the program assisted under this part. 

25 ‘‘(2) CONTENTS.—The evaluation under para26 graph (1) shall measure— 


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1 ‘‘(A) the effectiveness of the program in 

2 improving student academic achievement; 

3 ‘‘(B) the satisfaction of the participating 

4 teachers or principals; and 

5 ‘‘(C) the extent to which the program as6 sisted the eligible entities in recruiting and re7 taining high-quality teachers and principals, es8 pecially in hard-to-staff subject areas. 

9 ‘‘SEC. 2204. RESERVATION OF FUNDS. 

10 ‘‘Of the total amount reserved under section 2001(c) 

11 for this part for a fiscal year, the Secretary may reserve 

12 for such fiscal year not more than 1 percent for the cost 

13 of the evaluation under section 2203(c) and for technical 

14 assistance in carrying out this part.’’. 

Æ 


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