II 

112TH CONGRESS 

1ST SESSION S. 1716 

A bill to amend the Elementary and Secondary Education Act of 1965 

to improve teacher quality and increase access to effective teachers. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 17, 2011 

Mr. SANDERS introduced the following bill; which was read twice and referred 

to the Committee on Health, Education, Labor, and Pensions 

A BILL 

A bill to amend the Elementary and Secondary Education 

Act of 1965 to improve teacher quality and increase 

access to effective teachers. 

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 ‘‘Assuring Successful 

5 Students through Effective Teaching Act of 2011’’. 

6 SEC. 2. FINDINGS. 

7 (1) Teacher quality is the most important 

8 school-related factor influencing student achieve9 ment. Compared to fully certified teachers, teachers 

10 who have not completed a certification process had 


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1 significant negative effects on student achievement 

2 on 5 of the 6 tests included in a large-scale longitu3 dinal study conducted in Houston, Texas. Teachers 

4 who have not completed a certification process were 

5 primarily assigned to teach African-American and 

6 Latino students. Such teachers’ attrition rates were 

7 nearly double those of certified teachers. 

8 (2) Large-scale studies in New York and North 

9 Carolina found that teachers were significantly more 

10 effective when they were fully prepared and certified 

11 prior to entry, had strong academic backgrounds, 

12 and had more than 2 years of experience. The North 

13 Carolina study found that these factors, together 

14 with National Board Certification, accounted for 

15 more of the difference in student achievement gains 

16 than race and parent education combined. 

17 (3) A study of elementary school students in 

18 Arizona found that students of certified teachers 

19 performed significantly better than students of 

20 under-certified teachers on all 3 subtests of the SAT 

21 9, including reading, mathematics, and language 

22 arts. Students of certified teachers out-performed 

23 students of under-certified teachers in reading by 

24 about 4 months on a grade equivalent scale, and in 

25 mathematics and language arts by about 3 months. 


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1 (4) A national study of 4,400 early educators 

2 found that teacher certification was particularly in3 fluential in predicting achievement for African4 American students. Having fully certified teachers 

5 helped to narrow the achievement gap between Afri6 can-American and White students in early elemen7 tary grades. 

8 (5) A statewide study in Florida found that 

9 teachers with pre-service preparation and certifi10 cation in special education were significantly more 

11 effective in teaching special education students in 

12 both mainstream and special education classes. 

13 (6) In 2001, students in California’s most seg14 regated minority schools were more than 5 times 

15 more likely to have uncertified teachers than stu16 dents in predominantly White schools, and in some 

17 schools a majority of teachers were uncertified. 

18 Since teacher credential standards were lowered in 

19 the 1990s, nearly 50 percent of the State’s new 

20 teachers entered the teaching profession without 

21 training, and almost all of these teachers were as22 signed to teach in high-need schools. Half of Califor23 nia’s current interns-in-training are teaching special 

24 education students. 


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1 (7) The achievement gap between White stu2 dents with college-educated parents and Black stu3 dents with high-school educated parents would be 

4 much reduced if low-income minority students were 

5 routinely assigned highly qualified teachers, rather 

6 than the poorly qualified teachers that such students 

7 most often encounter. 

8 (8) A national study found that students in 

9 high-minority schools had less than a 50 percent 

10 chance of being taught by a mathematics or science 

11 teacher who has a degree or a license in the field 

12 that the teacher teaches. 

13 (9) As teachers increase their experience in 

14 schools, their increased individual and collective 

15 knowledge of pedagogy and practice directly and 

16 positively impacts student achievement. Teacher re17 tention also results in cost-savings for distressed 

18 school districts, reducing the need to constantly re19 cruit, hire, and mentor new teachers. The National 

20 Commission on Teaching and America’s Future esti21 mates that growing teacher dropout rates cost over 

22 $7,300,000,000 annually. 

23 (10) A nationwide study by the National Center 

24 for Education Statistics found that among recent 

25 college graduates, 49 percent of those entering the 


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1 teaching profession without certification left the pro2 fession within 5 years, compared to only 14 percent 

3 of teachers who were certified. 

4 (11) In special education fields, as in other 

5 fields, uncertified teachers are twice as likely to 

6 leave their positions, compared to beginning teachers 

7 who have greater teaching preparation. According to 

8 the United States Office of Special Education Pro9 grams, more than 12,000 special educator openings 

10 were left vacant or filled with substitute teachers 

11 who were not certified in special education. 

12 SEC. 3. DEFINITIONS. 

13 Section 9101 of the Elementary and Secondary Edu14 cation Act of 1965 (20 U.S.C. 7801) is amended— 

15 (1) by redesignating paragraphs (18) through 

16 (36) and (37) through (43), as paragraphs (19) 

17 through (37) and (39) through (46), respectively; 

18 (2) by inserting the following after paragraph 

19 (17): 

20 ‘‘(18) EFFECTIVE.—The term ‘effective’ when 

21 used with respect to any public elementary school or 

22 secondary school teacher teaching in a State, means 

23 that the teacher, as determined by the State— 


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1 ‘‘(A) is a highly qualified teacher who is 

2 teaching in a field for which the teacher is fully 

3 licensed or certified; 

4 ‘‘(B) has demonstrated effectiveness based 

5 on not less than 3 years of evidence, as meas6 ured by a comprehensive teacher evaluation and 

7 support system that— 

8 ‘‘(i) is developed by the local edu9 cational agency that serves the school in 

10 which the teacher teachers, in conjunction 

11 with teachers or their representatives; 

12 ‘‘(ii) includes evidence of proficient 

13 classroom performance and contributions 

14 to individual student learning over a period 

15 of time; 

16 ‘‘(iii) is based on multiple measures 

17 and shall include multiple classroom obser18 vations over a period of time by trained as19 sessors with the relevant knowledge and 

20 experience in the teacher’s subject area, 

21 and on the basis of professional teaching 

22 standards; and 

23 ‘‘(iv) may include— 

24 ‘‘(I) examination of other evi25 dence of teaching (such as curricula 


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1 plans, assignments, feedback to stu2 dents, and support for students); and 

3 ‘‘(II) multiple forms of formative 

4 and summative student assessment, 

5 which may include— 

6 ‘‘(aa) student performance 

7 on standardized assessments that 

8 are valid and appropriate meas9 ures for the students and cur10 riculum taught; 

11 ‘‘(bb) student performance 

12 on measures that demonstrate 

13 student accomplishment and 

14 learning, such as exhibitions of 

15 mastery, portfolios, and perform16 ance tasks; and 

17 ‘‘(cc) students’ perceptions 

18 of the instructional practices and 

19 learning environment; 

20 ‘‘(C) has demonstrated the teaching skills 

21 to teach diverse students in the relevant subject 

22 area, including— 

23 ‘‘(i) teaching students how to develop 

24 higher order thinking skills; 


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1 ‘‘(ii) teaching literacy skills that are 

2 essential to the content areas in which the 

3 teacher teaches; and 

4 ‘‘(iii) diagnosing and assessing stu5 dent needs in formative ways, such as 

6 through scaffolding learning and differen7 tiating instruction; 

8 ‘‘(D) has demonstrated knowledge about 

9 working with students who are children with 

10 disabilities; 

11 ‘‘(E) has specialized expertise in sup12 porting language development and instructional 

13 strategies for enhancing academic language pro14 ficiency; 

15 ‘‘(F) has demonstrated strong manage16 ment and organizational skills, and the ability 

17 to create an engaging learning environment; 

18 ‘‘(G) has demonstrated skills that support 

19 the social and emotional development of stu20 dents; 

21 ‘‘(H) has made efforts to connect in-school 

22 and out-of-school learning through the use of 

23 strategies designed to increase the engagement 

24 of parents and families in their child’s learning; 


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1 ‘‘(I) has the necessary skills to work in 

2 multicultural settings and communities and is 

3 able to interact effectively in a range of cultural 

4 environments; 

5 ‘‘(J) contributes to the overall improve6 ment of the school in the areas of student 

7 achievement and school climate through such 

8 activities as participating in grade-level or sub9 ject teams to support students and collaborative 

10 professional development, mentoring teachers, 

11 developing curricula, and offering professional 

12 learning opportunities to other teachers in an 

13 effort to advance student learning and school 

14 performance; 

15 ‘‘(K) may be Nationally Board Certified; 

16 and 

17 ‘‘(L) if applicable, incorporates appropriate 

18 technologies in learning and teaching.’’; 

19 (3) in paragraph (24), as redesignated by para20 graph (1), by striking subparagraph (A) and insert21 ing the following: 

22 ‘‘(A) when used with respect to any public 

23 elementary school or secondary school teacher 

24 teaching in a State, means that the teacher, as 

25 determined by the State— 


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1 ‘‘(i)(I) has fully completed a State-ap2 proved traditional or alternative teacher 

3 preparation program, where available; or 

4 ‘‘(II) has passed a rigorous State-ap5 proved teacher performance assessment; 

6 and 

7 ‘‘(ii) has obtained full State certifi8 cation, including subject matter com9 petence in the fields taught;’’; and 

10 (4) by inserting after paragraph (37), as redes11 ignated by paragraph (1), the following: 

12 ‘‘(38) RIGOROUS STATE-APPROVED TEACHER

13 PERFORMANCE ASSESSMENT.—The term ‘rigorous 

14 State-approved teacher performance assessment’ 

15 means an assessment used to measure teacher per16 formance that has been approved by the State and— 

17 ‘‘(A) is based on professional teaching 

18 standards; 

19 ‘‘(B) is used to document the effectiveness 

20 of a teacher’s— 

21 ‘‘(i) curriculum planning; 

22 ‘‘(ii) instruction of students, including 

23 appropriate plans and modifications for 

24 students who are limited English proficient 


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1 and students who are children with disabil2 ities; and 

3 ‘‘(iii) assessment of students, includ4 ing analysis of student learning evidence; 

5 ‘‘(C) is validated based on professional as6 sessment standards; 

7 ‘‘(D) is reliably scored by trained eval8 uators, with appropriate oversight of the proc9 ess to ensure consistency; and 

10 ‘‘(E) the results of which are used to sup11 port continuous improvement of educator prac12 tice.’’. 

13 SEC. 4. STATE PLANS. 

14 Section 1111 of the Elementary and Secondary Edu15 cation Act of 1965 (20 U.S.C. 6311) is amended— 

16 (1) in subsection (b)— 

17 (A) by striking subparagraph (C) of para18 graph (8) and inserting the following: 

19 ‘‘(C) the specific steps the State edu20 cational agency will take to ensure that both 

21 schoolwide programs and targeted assistance 

22 schools provide instruction by highly qualified 

23 and effective instructional staff, as required by 

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1 cluding steps that the State educational agency 

2 will take— 

3 ‘‘(i) to ensure that poor or minority 

4 students, students who are limited English 

5 proficient, or students who are children 

6 with disabilities are not taught at higher 

7 rates than other students by teachers who 

8 are inexperienced, not highly qualified, out9 of-field, or who have not yet demonstrated 

10 effectiveness as defined by section 

11 9101(18); 

12 ‘‘(ii) to ensure that schools with high 

13 concentrations of poor or minority students 

14 are staffed by a similar ratio of highly 

15 qualified and effective teachers as schools 

16 in the State that do not have high con17 centrations of such students; 

18 ‘‘(iii) to decrease teacher attrition and 

19 build capacity within schools that serve a 

20 high concentration of poor or minority stu21 dents, students who are limited English 

22 proficient, or students who are children 

23 with disabilities; and 

24 ‘‘(iv) to evaluate and publicly report 

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1 cy with respect to the activities described 

2 in this subparagraph; and’’; and 

3 (B) by inserting after paragraph (10) the 

4 following: 

5 ‘‘(11) SUPPORT FOR EQUITABLE DISTRIBUTION

6 REQUIREMENTS.— 

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

8 agency in the State is unable to meet the equi9 table distribution requirements described in sec10 tion 1112(c)(1)(L), the State shall provide ad11 ditional supports to assist the local educational 

12 agency in making continuous progress towards 

13 meeting the equitable distribution requirements. 

14 ‘‘(B) INABILITY TO MEET EQUITABLE DIS15 TRIBUTION REQUIREMENTS.—In order to re16 ceive the support described in subparagraph 

17 (A), the local educational agency’s inability to 

18 meet the equitable distribution requirements de19 scribed in section 1112(c)(1)(L) shall be based 

20 on a demonstrable hardship particular to the 

21 local educational agency, such as geographic 

22 isolation of the schools served by the local edu23 cational agency or difficulty in attracting a suf24 ficient number of teachers who can meet the re25 quirements to teach students who are children 


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1 with disabilities or students who are limited 

2 English proficient. 

3 ‘‘(C) STATE SUPPORTS.—The State sup4 ports described in subparagraph (A) shall in5 clude resources directed toward the goals of en6 suring that professional development resources 

7 are directed to alleviate the demonstrable hard8 ship described in subparagraph (B), by— 

9 ‘‘(i) strengthening recruitment efforts, 

10 especially for teachers from underrep11 resented backgrounds and teachers for 

12 hard-to-staff subjects and classrooms; 

13 ‘‘(ii) increasing teacher retention, and 

14 ‘‘(iii) providing additional ongoing 

15 professional development to support teach16 ers in meeting the requirements to become 

17 highly qualified or effective.’’; and 

18 (2) in subsection (h)— 

19 (A) in paragraph (1)(C)(viii), by striking 

20 ‘‘not taught by highly qualified teachers’’ and 

21 inserting ‘‘not taught by highly qualified teach22 ers and not taught by effective teachers’’; 

23 (B) in paragraph (2)(B)— 

24 (i) in clause (i)— 


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1 (I) in subclause (I), by striking 

2 ‘‘and’’ after the semicolon; and 

3 (II) by adding at the end the fol4 lowing: 

5 ‘‘(III) the percentage of highly 

6 qualified teachers and the percentage 

7 of effective teachers; and’’; and 

8 (ii) in clause (ii)— 

9 (I) in subclause (I), by striking 

10 ‘‘and’’ after the semicolon; 

11 (II) in subclause (II), by striking 

12 the period and inserting ‘‘; and’’; and 

13 (III) by adding at the end the 

14 following: 

15 ‘‘(III) the percentage of highly 

16 qualified teachers and the percentage 

17 of effective teachers.’’; 

18 (C) in paragraph (4)(G), by striking ‘‘high19 ly qualified teachers’’ and inserting ‘‘highly 

20 qualified teachers and effective teachers’’; and 

21 (D) by striking paragraph (6) and insert22 ing the following: 

23 ‘‘(6) PARENT’S RIGHT-TO-KNOW.—At the begin24 ning of each school year, a local educational agency 

25 that receives funds under this part shall automatiVerDate Mar 15 2010 03:32 Oct 18, 2011 Jkt 019200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S1716.IS S1716

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1 cally, regardless of any specific request by a parent, 

2 provide, in a timely manner, and in a fully accessible 

3 and understandable format, the parents of each stu4 dent attending any school receiving funds under this 

5 part, with information regarding the professional 

6 qualifications of the teachers who teach at their 

7 child’s school, including, at a minimum— 

8 ‘‘(A) timely notice that the parent’s child 

9 has been assigned to, or had access to, a highly 

10 qualified teacher for 4 or more consecutive 

11 weeks, and in the case where the child has not 

12 had a highly qualified teacher for 4 or more 

13 weeks, notice of who shall be responsible for su14 pervising the teacher; 

15 ‘‘(B) whether the student’s teacher— 

16 ‘‘(i) has fully met State certification 

17 and licensing criteria for the grade levels 

18 and subject areas in which the teacher pro19 vides instruction; and 

20 ‘‘(ii) has, if applicable, fully met State 

21 certification and licensing criteria to work 

22 with students who are children with dis23 abilities and students who are limited 

24 English proficient; 


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1 ‘‘(C) whether the student’s teacher is 

2 teaching under emergency, intern, or other pro3 visional status through which full State certifi4 cation or licensing criteria have been waived or 

5 otherwise excused, and if so, who shall be re6 sponsible for supervising the teacher; 

7 ‘‘(D) whether the student is being provided 

8 services by a paraprofessional and, if so, a de9 scription of those services and the paraprofes10 sional’s qualifications; 

11 ‘‘(E) the number and percent of teachers 

12 who are highly qualified, and the number and 

13 percent of teachers who are effective, within the 

14 student’s school as compared to— 

15 ‘‘(i) the average number and percent 

16 of teachers who are highly qualified, and 

17 the average number and percent of teach18 ers who are effective— 

19 ‘‘(I) within the same local edu20 cational agency; and 

21 ‘‘(II) within the State; 

22 ‘‘(ii) other schools that are eligible to 

23 receive funds under title I; and 

24 ‘‘(iii) other schools that are not eligi25 ble to receive funds under title I; and 


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1 ‘‘(F) information on the level of achieve2 ment of the parent’s child in each of the State 

3 academic assessments as required under this 

4 part.’’. 

5 SEC. 5. LOCAL EDUCATIONAL AGENCY PLANS. 

6 Section 1112(c)(1) of the Elementary and Secondary 

7 Education Act of 1965 (20 U.S.C. 6312(c)(1)) is amended 

8 by striking subparagraph (L) and inserting the following: 

9 ‘‘(L) ensure, through incentives for vol10 untary transfers, the provision of professional 

11 development, recruitment programs, or other ef12 fective strategies, that— 

13 ‘‘(i) low-income students, minority 

14 students, students who are limited English 

15 proficient, and students who are children 

16 with disabilities are not taught at higher 

17 rates than other students by teachers who 

18 are not highly qualified, out-of-field teach19 ers, inexperienced teachers, or teachers 

20 who have not less than 3 years of experi21 ence and who have not demonstrated effec22 tiveness as defined in section 9101; and 

23 ‘‘(ii) low-income students, minority 

24 students, students who are limited English 

25 proficient, and students who are children 


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1 with disabilities are taught by highly quali2 fied and effective teachers at similar rates 

3 and ratios as other students;’’. 

4 SEC. 6. QUALIFICATIONS FOR TEACHERS AND PARA5 PROFESSIONALS. 

6 Section 1119(a) of the Elementary and Secondary 

7 Education Act of 1965 (20 U.S.C. 6319(a)) is amended— 

8 (1) in paragraph (2)— 

9 (A) in the matter preceding subparagraph 

10 (A), by striking ‘‘2005–2006’’ and inserting 

11 ‘‘2013–2014’’; 

12 (B) by striking subparagraph (A) and in13 serting the following: 

14 ‘‘(A) shall include an annual increase in 

15 the percentage of teachers who are either highly 

16 qualified or effective and the ratio of effective 

17 to highly qualified teachers, at each local edu18 cational agency and school, to ensure that all 

19 teachers teaching in core academic subjects in 

20 each public elementary school and secondary 

21 school are highly qualified not later than 3 

22 years after the date of enactment of the Assur23 ing Successful Students through Effective 

24 Teaching Act of 2011;’’; and 

25 (C) in subparagraph (B)— 


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1 (i) by inserting ‘‘, ongoing evidence2 based’’ after ‘‘high-quality’’; and 

3 (ii) by striking ‘‘highly qualified’’ and 

4 inserting ‘‘effective’’; 

5 (2) in paragraph (3), by striking ‘‘highly quali6 fied not later than the end of the 2005–2006 school 

7 year’’ and inserting ‘‘highly qualified not later than 

8 3 years after the date of enactment of the Assuring 

9 Successful Students through Effective Teaching Act 

10 of 2011’’; and 

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

12 ‘‘(4) PERCENTAGE OF TEACHERS THAT ARE

13 NEITHER HIGHLY QUALIFIED NOR EFFECTIVE.— 

14 ‘‘(A) IN GENERAL.—Each local educational 

15 agency receiving assistance under this Act shall 

16 ensure that no public school in such agency has 

17 a disproportionate percentage of teachers that 

18 are neither highly qualified nor effective. 

19 ‘‘(B) DEFINITION.—For the purposes of 

20 this paragraph, ‘disproportionate percentage’ 

21 means a difference of more than 5 percent 

22 when such percentage is higher than the per23 centage of all teachers, as compared to the per24 centage of all teachers in the State who are not 

25 highly qualified. 


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1 ‘‘(5) SUPERVISION.— 

2 ‘‘(A) IN GENERAL.—Each local educational 

3 agency receiving assistance under this Act shall 

4 ensure that all teachers who are not highly 

5 qualified are closely mentored and overseen by 

6 an effective mentor teacher who has full certifi7 cation and has been deemed effective in the 

8 subject area taught by the teacher who is not 

9 highly qualified. 

10 ‘‘(B) LOCAL EDUCATIONAL AGENCY SUP11 PORT FOR THE SUPERVISING TEACHER.—Such 

12 local educational agency shall provide the men13 tor teacher described in subparagraph (A) with 

14 release time from the mentor teacher’s other re15 sponsibilities and training in how to mentor and 

16 oversee a teacher who is not highly qualified. 

17 ‘‘(C) SUPERVISION.—Such local edu18 cational agency shall ensure that the mentor 

19 teacher will, for each teacher who is not highly 

20 qualified and is under the mentor teacher’s su21 pervision, provide ongoing and regular super22 vision, support, and structured guidance that 

23 includes— 

24 ‘‘(i) coaching and classroom observa25 tion; 


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1 ‘‘(ii) review and approval of lesson 

2 plans and assessment plans; 

3 ‘‘(iii) opportunities to participate in 

4 collaborative evidence-based professional 

5 development; 

6 ‘‘(iv) tracking of the academic 

7 progress of students; 

8 ‘‘(v) ensuring that the needs of all 

9 students, including students who are chil10 dren with disabilities and students who are 

11 limited English proficient, are being met; 

12 and 

13 ‘‘(vi) developing skills in engaging 

14 families and the community in support of 

15 students.’’. 

16 SEC. 7. CONFORMING AMENDMENTS. 

17 (1) Section 1114(b)(1) of the Elementary and 

18 Secondary Education Act of 1965 (20 U.S.C. 

19 6314(b)(1)) is amended— 

20 (A) in subparagraph (C), by striking 

21 ‘‘highly qualified teachers’’ and inserting ‘‘high22 ly qualified and effective teachers’’; and 

23 (B) in subparagraph (E), by striking 

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1 serting ‘‘highly qualified and effective teach2 ers’’; 

3 (2) Section 1115(c)(1)(E) of the Elementary 

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

5 6315(c)(1)(E)) is amended by striking ‘‘highly quali6 fied teachers’’ and inserting ‘‘ highly qualified and 

7 effective teachers’’; 

8 (3) Section 1117(a)(5)(A)(i) of the Elementary 

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

10 6317(a)(5)(A)(i)) is amended by striking ‘‘highly 

11 qualified or distinguished’’ and inserting ‘‘highly 

12 qualified, effective, or distinguished teachers and 

13 principals’’; and 

14 (4) Section 1119(l) of the Elementary and Sec15 ondary Education Act of 1965 (20 U.S.C. 6319(l)) 

16 is amended by striking ‘‘for professional develop17 ment activities’’ through the period at the end and 

18 inserting ‘‘for professional development activities to 

19 ensure that teachers who are not highly qualified be20 come highly qualified not later than the end of the 

21 2014–2015 school year.’’. 

Æ 


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