I 

111TH CONGRESS 

2D SESSION H. R. 5336 

To improve teacher quality, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 18, 2010 

Mrs. MCCARTHY of New York (for herself and Ms. HIRONO) introduced the 

following bill; which was referred to the Committee on Education and Labor 

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 ‘‘Teacher and Principal 

5 Improvement 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 report by William L. Sanders and June 

12 C. Rivers showed that if 2 average 8-year-old stuVerDate Mar 15 2010 03:03 May 20, 2010 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5336.IH H5336

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1 dents were given different teachers, 1 of them a high 

2 performer, the other a low performer, the students’ 

3 performance diverged by more than 50 percentile 

4 points within 3 years. 

5 (3) A similar study by Heather Jordan, Robert 

6 Mendro, and Dash Weerasinghe showed that the 

7 performance gap between students assigned 3 effec8 tive teachers in a row, and those assigned 3 ineffec9 tive teachers in a row, was 49 percentile points. 

10 (4) In Boston, research has shown that stu11 dents placed with high-performing mathematics 

12 teachers made substantial gains, while students 

13 placed with the least effective teachers regressed and 

14 their mathematics scores decreased. 

15 (5) McKinsey & Company found that studies 

16 that take into account all of the available evidence 

17 on teacher effectiveness suggest that students placed 

18 with high-performing teachers will progress 3 times 

19 as fast as those placed with low-performing teachers. 

20 (6) A 2003 study by Richard Ingersoll found 

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

22 schools, face such challenging working conditions 

23 that nearly one-half leave the profession within their 

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


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

2 year. 

3 (7) A report by the National Commission on 

4 Teaching and America’s Future estimated that the 

5 nationwide cost of replacing public school teachers 

6 who have dropped out of the profession is 

7 $7,300,000,000 annually. 

8 (8) Research by Thomas Smith, Richard Inger9 soll, and Anthony Villar has shown that comprehen10 sive mentoring and induction reduces teacher attri11 tion by as much as one-half and strengthens new 

12 teacher effectiveness. 

13 (9) A recent School Redesign Network at Stan14 ford University and National Staff Development 

15 Council report by Linda Darling-Hammond, Ruth 

16 Chung Wei, Alethea Andree, Nikole Richardson, and 

17 Stelios Orphanos found that— 

18 (A) a set of programs that offered substan19 tial contact hours of professional development 

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

21 over 6 to 12 months showed a positive and sig22 nificant effect on student achievement gains; 

23 and 

24 (B) intensive professional development, es25 pecially when it includes applications of knowlVerDate Mar 15 2010 03:03 May 20, 2010 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5336.IH H5336

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1 edge to teachers’ planning and instruction, has 

2 a greater chance of influencing teacher prac3 tices, and in turn, leading to gains in student 

4 learning. Such intensive professional develop5 ment has shown a positive and significant effect 

6 on student achievement gains, in some cases by 

7 approximately 21 percentile points. 

8 (10) Recent reports from the Center for Amer9 ican Progress, Education Sector, Hope Street 

10 Group, and the New Teacher Project have collec11 tively demonstrated the significant flaws in current 

12 teacher evaluation and implementation, and the ne13 cessity for redesigning these systems and linking 

14 such evaluation to individualized feedback and sub15 stantive targeted support in order to ensure effective 

16 teaching. 

17 (11) Research by Kenneth Liethwood, Karen 

18 Seashore Louis, Stephen Anderson, and Kyla 

19 Wahlstrom found that— 

20 (A) leadership is second only to classroom 

21 instruction among school-related factors that 

22 influence student outcomes; and 

23 (B) direct and indirect leadership effects 

24 account for about one-quarter of total school ef25 fects on student learning. 


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1 (12) Research by Charles Clotfelter, Helen 

2 Ladd, Kenneth Leithwood, and Anthony Milanowski 

3 has shown that the quality of working conditions, 

4 particularly supportive school leadership, impacts 

5 student academic achievement and teacher recruit6 ment, retention, and effectiveness. 

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

8 build capacity for developing effective teachers and prin9 cipals in our Nation’s schools through— 

10 (1) the redesign of teacher and principal eval11 uation and assessment systems; 

12 (2) comprehensive, high-quality, rigorous multi13 year induction and mentoring programs for begin14 ning teachers, principals, and other school leaders; 

15 (3) systematic, sustained, and coherent profes16 sional development for all teachers that is team17 based and job-embedded; 

18 (4) systematic, sustained, and coherent profes19 sional development for school principals, other school 

20 leaders, school librarians, paraprofessionals, and 

21 other staff; and 

22 (5) increased teacher leadership opportunities, 

23 including compensation for teacher leaders who take 

24 on new roles in providing school-based professional 


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1 development, mentoring, rigorous evaluation, and in2 structional coaching. 

3 SEC. 3. DEFINITIONS. 

4 Section 9101 of the Elementary and Secondary Edu5 cation Act of 1965 (20 U.S.C. 7801) is amended— 

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

7 the following: 

8 ‘‘(34) PROFESSIONAL DEVELOPMENT.—The 

9 term ‘professional development’ means comprehen10 sive, sustained, and intensive support, provided for 

11 teachers, principals, school librarians, other school 

12 leaders, and other instructional staff, that— 

13 ‘‘(A) fosters collective responsibility for im14 proved student learning; 

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

16 manner that increases teacher, principal, school 

17 librarian, other school leader, paraprofessional, 

18 and other instructional staff effectiveness in im19 proving student learning and strengthening 

20 classroom practice; 

21 ‘‘(C) analyzes and uses real-time data and 

22 information collected from— 

23 ‘‘(i) evidence of student learning; 

24 ‘‘(ii) evidence of classroom practice; 

25 and 


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1 ‘‘(iii) the State’s longitudinal data 

2 system; 

3 ‘‘(D) is aligned with— 

4 ‘‘(i) rigorous State student academic 

5 achievement standards developed under 

6 section 1111(b)(1); 

7 ‘‘(ii) related academic and school im8 provement goals of the school, local edu9 cational agency, and statewide curriculum; 

10 ‘‘(iii) statewide and local curricula; 

11 and 

12 ‘‘(iv) rigorous standards of profes13 sional practice and development; 

14 ‘‘(E) primarily occurs multiple times per 

15 week during the regular school day among es16 tablished collaborative teams of teachers, prin17 cipals, school librarians, other school leaders, 

18 and other instructional staff, by grade level and 

19 content area (to the extent applicable and prac20 ticable), which teams engage in a continuous 

21 cycle of professional learning and improvement 

22 that— 

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

24 ‘‘(I) evidence of student learning; 

25 and 


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1 ‘‘(II) evidence of classroom prac2 tice; 

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

4 learning goals to improve student learning 

5 and strengthen classroom practice based 

6 on the rigorous analysis of evidence of stu7 dent learning and evidence of classroom 

8 practice; 

9 ‘‘(iii) develops and implements coher10 ent, sustained, and evidenced-based profes11 sional development strategies to meet such 

12 goals (including through instructional 

13 coaching, lesson study, and study groups 

14 organized at the school, team, or individual 

15 levels); 

16 ‘‘(iv) provides learning opportunities 

17 for teachers to collectively develop and re18 fine student learning goals and the teach19 ers’ instructional practices and the use of 

20 formative assessment; 

21 ‘‘(v) provides an effective mechanism 

22 to support the transfer of new knowledge 

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1 es, and content experts to support such 

2 transfer); and 

3 ‘‘(vi) provides opportunities for follow4 up, observation, and formative feedback 

5 and assessment of the teacher’s classroom 

6 practice, on a regular basis and in a man7 ner that allows each such teacher to iden8 tify areas of classroom practice that need 

9 to be strengthened, refined, and improved; 

10 ‘‘(F) regularly assesses the effectiveness of 

11 the professional development, and uses such as12 sessments to inform ongoing improvements, 

13 in— 

14 ‘‘(i) improving student learning; and 

15 ‘‘(ii) strengthening classroom practice; 

16 and 

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

18 training of highly qualified teachers, including 

19 teachers who become highly qualified through 

20 State and local alternative routes to certifi21 cation or licensure.’’; 

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

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

24 The term ‘evidence of classroom practice’ means evi25 dence of classroom practice gathered through mulVerDate Mar 15 2010 03:03 May 20, 2010 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H5336.IH H5336

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1 tiple formats and sources, including some or all of 

2 the following: 

3 ‘‘(A) Demonstration of effective teaching 

4 skills. 

5 ‘‘(B) Classroom observations based on rig6 orous teacher performance standards or rubrics. 

7 ‘‘(C) Student work. 

8 ‘‘(D) Teacher portfolios. 

9 ‘‘(E) Videos of teacher practice. 

10 ‘‘(F) Lesson plans. 

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

12 the teacher collaborates and shares best prac13 tices with other teachers and instructional staff. 

14 ‘‘(H) Information on the teacher’s success15 ful use of research and data. 

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

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

18 term ‘evidence of student learning’ means— 

19 ‘‘(A) data, which shall include value-added 

20 data based on student learning gains and teach21 er impact where available, on State student aca22 demic assessments under section 1111(c); and 

23 ‘‘(B) other evidence of student learning, in24 cluding some or all of the following: 


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1 ‘‘(i) Data, which shall include value2 added data based on student learning 

3 gains and teacher impact where available, 

4 on other student academic achievement as5 sessments. 

6 ‘‘(ii) Student work, including meas7 ures of performance criteria and evidence 

8 of student growth. 

9 ‘‘(iii) Teacher-generated information 

10 about student goals and growth. 

11 ‘‘(iv) Formative and summative as12 sessments. 

13 ‘‘(v) Objective performance-based as14 sessments. 

15 ‘‘(vi) Assessments of affective engage16 ment and self-efficacy. 

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

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

19 local educational agency that— 

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

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

22 the greatest number of subgroups described in 

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

24 margins, as compared to the other schools 

25 served by the local educational agency; and 


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

2 a graduation rate of less than 65 percent. 

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

4 leader’ means an individual who— 

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

6 and 

7 ‘‘(B) is responsible for— 

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

9 ‘‘(ii) the daily instructional and mana10 gerial operations of the school. 

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

12 skills’ means skills that are consistent with section 

13 200 of the Higher Education Act of 1965 and that 

14 enable a teacher to— 

15 ‘‘(A) increase student learning, achieve16 ment, and the ability to apply knowledge; 

17 ‘‘(B) effectively convey and explain aca18 demic subject matter; 

19 ‘‘(C) effectively teach higher-order analyt20 ical, evaluation, problem-solving, and commu21 nication skills; 

22 ‘‘(D) develop and effectively apply new 

23 knowledge, skills, and practices; 

24 ‘‘(E) employ strategies grounded in the 

25 disciplines of teaching and learning that— 


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1 ‘‘(i) are based on empirically based 

2 practice and scientifically valid research, 

3 where applicable, related to teaching and 

4 learning; 

5 ‘‘(ii) are specific to academic subject 

6 matter; 

7 ‘‘(iii) focus on the identification of 

8 students’ specific learning needs, (includ9 ing children with disabilities, students who 

10 are limited English proficient, students 

11 who are gifted and talented, and students 

12 with low literacy levels), and the tailoring 

13 of academic instruction to such needs; and 

14 ‘‘(iv) enable effective inclusion of chil15 dren with disabilities and English language 

16 learners, including the utilization of— 

17 ‘‘(I) response to intervention; 

18 ‘‘(II) positive behavioral sup19 ports; 

20 ‘‘(III) differentiated instruction; 

21 ‘‘(IV) universal design of learn22 ing; 

23 ‘‘(V) appropriate accommoda24 tions for instruction and assessments; 

25 ‘‘(VI) collaboration skills; and 


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1 ‘‘(VII) skill in effectively partici2 pating in individualized education pro3 gram meetings required under section 

4 614 of the Individuals with Disabil5 ities Education Act (20 U.S.C. 1414); 

6 ‘‘(F) conduct an ongoing assessment of 

7 student learning, which may include the use of 

8 formative assessments, performance-based as9 sessments, project-based assessments, or port10 folio assessments, that measures higher-order 

11 thinking skills (including application, analysis, 

12 synthesis, and evaluation); 

13 ‘‘(G) effectively manage a classroom, in14 cluding the ability to implement positive behav15 ioral support strategies; 

16 ‘‘(H) communicate and work with parents, 

17 and involve parents in their children’s edu18 cation; and 

19 ‘‘(I) use age-appropriate and develop20 mentally appropriate strategies and practices.’’; 

21 and 

22 (3) by redesignating paragraphs (1) through 

23 (39), the undesignated paragraph following para24 graph (39), and paragraphs (41) through (48) (as 

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


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1 (18), (21) through (28), (30) through (40), (42) 

2 through (46), (48), (19), (20), (29), (41), and (47), 

3 respectively. 

4 SEC. 4. SCHOOL IMPROVEMENT. 

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

6 Education Act of 1965 (20 U.S.C. 6303(g)(5)) is amend7 ed— 

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

9 after the semicolon; 

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

11 and inserting ‘‘; and’’; and 

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

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

14 the activities required under section 2502.’’. 

15 SEC. 5. TEACHER AND PRINCIPAL PROFESSIONAL DEVEL16 OPMENT AND SUPPORT. 

17 Title II of the Elementary and Secondary Education 

18 Act of 1965 (20 U.S.C. 6601 et seq.) is amended by add19 ing at the end the following: 

20 ‘‘PART E—BUILDING SCHOOL CAPACITY FOR 

21 EFFECTIVE TEACHING AND LEADERSHIP 

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

23 ‘‘(a) SUBGRANTS TO LOCAL EDUCATIONAL AGEN24 CIES.— 


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

2 under section 2505, the Secretary shall award 

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

4 to States to enable the States to award subgrants to 

5 local educational agencies under this part. 

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

7 grant under this part for a fiscal year shall— 

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

9 available through the grant to make subgrants, 

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

11 local educational agencies; and 

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

13 ‘‘(i) administrative activities and tech14 nical assistance in helping local educational 

15 agencies carry out this part; 

16 ‘‘(ii) statewide capacity building strat17 egies to support local educational agencies 

18 in the implementation of the required ac19 tivities under section 2502; and 

20 ‘‘(iii) conducting the evaluation re21 quired under section 2503. 

22 ‘‘(3) FORMULAS.— 

23 ‘‘(A) ALLOTMENTS.—The allotment pro24 vided to a State under this section for a fiscal 

25 year shall bear the same relation to the total 


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1 amount available for such allotments for the fis2 cal year, as the allotment provided to the State 

3 under section 2111(b) for such year bears to 

4 the total amount available for such allotments 

5 for such year. 

6 ‘‘(B) ALLOCATIONS.—The allocation pro7 vided to a local educational agency under this 

8 section for a fiscal year shall bear the same re9 lation to the total amount available for such al10 locations for the fiscal year, as the allocation 

11 provided the State under section 2121(a) for 

12 such year bears to the total amount available 

13 for such allocations for such year. 

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

15 educational agency receiving a subgrant under this 

16 part shall first use such funds to carry out the ac17 tivities described in section 2502(a) in each lowest 

18 achieving school served by the local educational 

19 agency— 

20 ‘‘(A) that demonstrates the greatest need 

21 for subgrant funds based on the data analysis 

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

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

24 the students enrolled in the school are eligible 

25 for a free or reduced price lunch under the 


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1 Richard B. Russell National School Lunch Act 

2 (42 U.S.C. 1751 et seq.). 

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

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

5 subgrant under this part, a local educational agency 

6 shall submit to the State educational agency an ap7 plication described in paragraph (2), and a summary 

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

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

10 information as the State educational agency may 

11 reasonably require. 

12 ‘‘(2) CONTENTS OF APPLICATION.—Each appli13 cation submitted pursuant to paragraph (1) shall in14 clude— 

15 ‘‘(A) a description of how the local edu16 cational agency will assist the lowest achieving 

17 schools served by the local educational agency 

18 in carrying out the requirements of section 

19 2502, including— 

20 ‘‘(i) developing and implementing the 

21 teacher and principal evaluation system 

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

23 ‘‘(ii) implementing teacher induction 

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


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1 ‘‘(iii) providing effective professional 

2 development in accordance with section 

3 2502(a)(2); 

4 ‘‘(iv) implementing mentoring, coach5 ing, and sustained professional develop6 ment for school principals and other school 

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

8 and 

9 ‘‘(v) providing significant and sustain10 able teacher stipends, pursuant to section 

11 2502(a)(6); 

12 ‘‘(B) a description of how the local edu13 cational agency will— 

14 ‘‘(i) conduct and utilize valid and reli15 able surveys pursuant to section 2502(b); 

16 and 

17 ‘‘(ii) ensure that such programs are 

18 integrated and aligned pursuant to section 

19 2502(c); 

20 ‘‘(C)(i) a description of how the local edu21 cational agency will use subgrant funds to tar22 get and support the lowest achieving schools de23 scribed in section 2501(a)(4) before using funds 

24 for other lowest achieving schools; and 


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

2 achieving schools that will be assisted under the 

3 subgrant; 

4 ‘‘(D) a description of how the local edu5 cational agency will enable effective inclusion of 

6 children with disabilities and English language 

7 learners, including through utilization by the 

8 teachers, principals, and other school leaders of 

9 the local educational agency of— 

10 ‘‘(i) response to intervention; 

11 ‘‘(ii) positive behavioral supports; 

12 ‘‘(iii) differentiated instruction; 

13 ‘‘(iv) universal design of learning; 

14 ‘‘(v) appropriate accommodations for 

15 instruction and assessments; 

16 ‘‘(vi) collaboration skills; and 

17 ‘‘(vii) skill in effectively participating 

18 in individualized education program meet19 ings required under section 614 of the In20 dividuals with Disabilities Education Act 

21 (20 U.S.C. 1414); 

22 ‘‘(E) a description of how the local edu23 cational agency will assist the lowest achieving 

24 schools in utilizing real-time student learning 


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1 data, based on evidence of student learning and 

2 evidence of classroom practice, to— 

3 ‘‘(i) drive instruction; and 

4 ‘‘(ii) inform professional development 

5 for teachers, mentors, principals, and other 

6 school leaders; and 

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

8 and assistance provided under section 2502 will 

9 be managed and designed, including a descrip10 tion of the division of labor and different roles 

11 and responsibilities of local educational agency 

12 central office staff members, school leaders, 

13 teacher leaders, coaches, mentors, and eval14 uators. 

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

16 agency desiring a subgrant under this part shall, 

17 prior to applying for the subgrant, conduct a data 

18 analysis of each school served by the local edu19 cational agency, based on data and information col20 lected from evidence of student learning, evidence of 

21 classroom practice, and the State’s longitudinal data 

22 system, in order to— 

23 ‘‘(A) determine which schools have the 

24 most critical teacher, principal, and other school 


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1 leader quality, effectiveness, and professional 

2 development needs; and 

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

4 identify the specific needs regarding the quality, 

5 effectiveness, and professional development 

6 needs of the school’s teachers, principals, and 

7 other school leaders, including with respect to 

8 instruction provided for individual student sub9 groups (including children with disabilities and 

10 English language learners) and specific grade 

11 levels and content areas. 

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

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

14 subparagraph (B), a local educational agency 

15 shall— 

16 ‘‘(i) jointly develop the application 

17 and data analysis framework under this 

18 subsection with local organizations rep19 resenting the teachers, principals, and 

20 other school leaders in the local edu21 cational agency; and 

22 ‘‘(ii) submit the application and data 

23 analysis in partnership with such local 

24 teacher, principal, and school leader orga25 nizations. 


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

2 consultation with the Secretary, consider an ap3 plication from a local educational agency that is 

4 not jointly developed and submitted in accord5 ance with subparagraph (A) if the application 

6 includes documentation of the local educational 

7 agency’s extensive attempt to work jointly with 

8 local teacher, principal, and school leader orga9 nizations. 

10 ‘‘SEC. 2502. USE OF FUNDS. 

11 ‘‘(a) INDUCTION, PROFESSIONAL DEVELOPMENT, 

12 AND EVALUATION SYSTEM.—A local educational agency 

13 that receives a subgrant under this part shall use the 

14 subgrant funds to improve teacher and principal quality 

15 through a system of teacher and principal induction, pro16 fessional development, and evaluation. Such system shall 

17 be developed, implemented, and evaluated in collaboration 

18 with local teacher, principal, and school leader organiza19 tions and local teacher, principal, and school leader prepa20 ration programs and shall provide assistance to each 

21 school that the local educational agency has identified 

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

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

24 high-quality formalized induction program for begin25 ning teachers during not less than the teachers’ first 


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1 2 years of full-time employment as teachers with the 

2 local educational agency, that shall include— 

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

4 local educational agency leaders with mentoring 

5 and instructional expertise, including require6 ments that the mentor demonstrate— 

7 ‘‘(i) a proven track record of improv8 ing student learning; 

9 ‘‘(ii) strong interpersonal and oral and 

10 written communication skills; 

11 ‘‘(iii) exemplary teaching skills, par12 ticularly with diverse learners, including 

13 children with disabilities and English lan14 guage learners; 

15 ‘‘(iv) skill in enabling the effective in16 clusion of diverse learners, including chil17 dren with disabilities and English language 

18 learners; 

19 ‘‘(v) commitment to personal and pro20 fessional growth and learning, such as Na21 tional Board for Professional Teaching 

22 Standards certification; 

23 ‘‘(vi) willingness and experience in 

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


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1 classroom level practices that have dem2 onstrated the capacity to— 

3 ‘‘(I) improve student learning 

4 and classroom practice; and 

5 ‘‘(II) inform instruction and pro6 fessional growth; 

7 ‘‘(vii) skill in engaging in successful 

8 collaboration with other teachers, other 

9 school leaders, and staff; 

10 ‘‘(viii) extensive knowledge of plan11 ning effective assessments and analysis of 

12 student data; 

13 ‘‘(ix) ability to address needs of adult 

14 learners in professional development; 

15 ‘‘(x) a commitment to participate in 

16 professional development throughout the 

17 year to develop the knowledge and skills 

18 related to effective mentoring; 

19 ‘‘(xi) skill in promoting teacher reflec20 tion through formative assessment proc21 esses, including conversations with begin22 ning teachers using evidence of student 

23 learning and evidence of classroom prac24 tice; and 


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1 ‘‘(xii) ability to improve the effective2 ness of the mentor’s mentees, as assessed 

3 by the evaluation system described in para4 graph (3); 

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

6 and ongoing mentoring and mentor-teacher 

7 interactions that— 

8 ‘‘(i) matches mentors with beginning 

9 teachers by grade level and content area, 

10 to the extent practicable; 

11 ‘‘(ii) assists each beginning teacher 

12 in— 

13 ‘‘(I) analyzing data based on the 

14 beginning teacher’s evidence of stu15 dent learning and evidence of class16 room practice, and utilizing research17 based instructional strategies, includ18 ing differentiated instruction, to in19 form and strengthen such practice; 

20 ‘‘(II) developing and enhancing 

21 effective teaching skills; 

22 ‘‘(III) enabling effective inclusion 

23 of children with disabilities and 

24 English language learners, including 

25 through the utilization of— 


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1 ‘‘(aa) response to interven2 tion; 

3 ‘‘(bb) positive behavioral 

4 supports; 

5 ‘‘(cc) differentiated instruc6 tion; 

7 ‘‘(dd) universal design of 

8 learning; 

9 ‘‘(ee) appropriate accom10 modations for instruction and as11 sessments; 

12 ‘‘(ff) collaboration skills; and 

13 ‘‘(gg) skill in effectively par14 ticipating in individualized edu15 cation program meetings required 

16 under section 614 of the Individ17 uals with Disabilities Education 

18 Act (20 U.S.C. 1414); 

19 ‘‘(IV) using formative assess20 ments to— 

21 ‘‘(aa) collect and analyze 

22 classroom-level data; 

23 ‘‘(bb) foster evidence-based 

24 discussions; 


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1 ‘‘(cc) provide opportunities 

2 for self assessment; 

3 ‘‘(dd) examine classroom 

4 practice; and 

5 ‘‘(ee) establish goals for pro6 fessional growth; and 

7 ‘‘(V) achieving the goals of the 

8 school, district, and statewide cur9 ricula; 

10 ‘‘(iii) provides regular and ongoing op11 portunities for beginning teachers and 

12 mentors to observe each other’s teaching 

13 methods in classroom settings during the 

14 school day; 

15 ‘‘(iv) models innovative teaching 

16 methodologies through techniques such as 

17 team teaching, demonstrations, simula18 tions, and consultations; 

19 ‘‘(v) aligns with the mission and goals 

20 of the local educational agency and school; 

21 ‘‘(vi)(I) acts as a vehicle for a begin22 ning teacher to establish short- and long23 term planning and professional goals and 

24 to improve student learning and classroom 

25 practice; and 


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

2 the beginning teacher’s progress toward 

3 such goals; 

4 ‘‘(vii) assigns not more than 12 begin5 ning teacher mentees to a mentor who 

6 works full-time, and reduces such max7 imum number of mentees proportionately 

8 for a mentor who works on a part-time 

9 basis; 

10 ‘‘(viii) provides joint professional de11 velopment opportunities for mentors and 

12 beginning teachers; 

13 ‘‘(ix) may include the use of master 

14 teachers to support mentors or other 

15 teachers; 

16 ‘‘(x) improves student learning and 

17 classroom practice, as measured by the 

18 evaluation system described in paragraph 

19 (3); and 

20 ‘‘(xi) assists each beginning teacher 

21 in— 

22 ‘‘(I) connecting students’ prior 

23 knowledge, life experience, and inter24 ests with learning goals; and 


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1 ‘‘(II) engaging students in prob2 lem-solving and critical thinking; 

3 ‘‘(C) paid school release time of not less 

4 than 90 minutes per week for high-quality men5 toring and mentor-teacher interactions; 

6 ‘‘(D) foundational training and ongoing 

7 professional development for mentors that sup8 port the high-quality mentoring and mentor9 teacher interactions described in subparagraph 

10 (B); and 

11 ‘‘(E) use of research-based teaching stand12 ards, formative assessments, teacher portfolio 

13 processes (such as the National Board for Pro14 fessional Teaching Standards certification proc15 ess), and teacher development protocols that 

16 supports the high-quality mentoring and men17 tor-teacher interactions described in subpara18 graph (B); 

19 ‘‘(2) implement high-quality effective profes20 sional development for teachers, principals, school li21 brarians, and other school leaders serving the 

22 schools targeted for assistance under the subgrant; 

23 ‘‘(3) develop and implement a rigorous, trans24 parent, and equitable teacher and principal evaluaVerDate Mar 15 2010 03:03 May 20, 2010 Jkt 089200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H5336.IH H5336

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1 tion system for all schools served by the local edu2 cational agency that— 

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

4 feedback to teachers and principals on areas for 

5 improvement; 

6 ‘‘(ii) provides for substantive support and 

7 interventions targeted specifically on such areas 

8 of improvement; and 

9 ‘‘(iii) results in summative evaluations; 

10 ‘‘(B) differentiates the effectiveness of 

11 teachers and principals using multiple rating 

12 categories that take into account evidence of 

13 student learning; 

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

15 evaluated in partnership with local teacher and 

16 principal organizations; and 

17 ‘‘(D) includes— 

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

19 performance standards and rubrics for 

20 teacher evaluation based on multiple per21 formance measures, which shall include a 

22 combination of— 

23 ‘‘(I) evidence of classroom prac24 tice; and 


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1 ‘‘(II) evidence of student learning 

2 as a significant factor; 

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

4 performance standards and rubrics for 

5 principal evaluation based on multiple per6 formance measures of student learning and 

7 leadership skills, which standards shall in8 clude— 

9 ‘‘(I) planning and articulating a 

10 shared and coherent schoolwide direc11 tion and policy for achieving high 

12 standards of student performance; 

13 ‘‘(II) identifying and imple14 menting the activities and rigorous 

15 curriculum necessary for achieving 

16 such standards of student perform17 ance; 

18 ‘‘(III) supporting a culture of 

19 learning and professional behavior and 

20 ensuring quality measures of class21 room practice; 

22 ‘‘(IV) communicating and engag23 ing parents, families, and other exter24 nal communities; and 


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1 ‘‘(V) collecting, analyzing, and 

2 utilizing data and other tangible evi3 dence of student learning and evi4 dence of classroom practice to guide 

5 decisions and actions for continuous 

6 improvement and to ensure perform7 ance accountability; 

8 ‘‘(iii) multiple and distinct rating op9 tions that allow evaluators to— 

10 ‘‘(I) conduct multiple classroom 

11 observations throughout the school 

12 year; 

13 ‘‘(II) examine the impact of the 

14 teacher or principal on evidence of 

15 student learning and evidence of class16 room practice; 

17 ‘‘(III) specifically describe and 

18 compare differences in performance, 

19 growth, and development; and 

20 ‘‘(IV) provide teachers or prin21 cipals with detailed individualized 

22 feedback and evaluation in a manner 

23 that allows each teacher or principal 

24 to identify the areas of classroom 


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1 practice that need to be strengthened, 

2 refined, and improved; 

3 ‘‘(iv) implementing a formative assess4 ment and summative evaluation process 

5 based on the performance standards estab6 lished under clauses (i) and (ii); 

7 ‘‘(v) rigorous training for evaluators 

8 on the performance standards established 

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

10 of conducting effective evaluations, includ11 ing how to provide specific feedback and 

12 improve teaching and principal practice 

13 based on evaluation results; 

14 ‘‘(vi) regular monitoring and assess15 ment of the quality and fairness of the 

16 evaluation system and the evaluators’ 

17 judgements, including with respect to— 

18 ‘‘(I) inter-rater reliability, includ19 ing independent or third-party re20 views; 

21 ‘‘(II) student assessments used in 

22 the evaluation system; 

23 ‘‘(III) the performance standards 

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


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1 ‘‘(IV) training and qualifications 

2 of evaluators; and 

3 ‘‘(V) timeliness of teacher and 

4 principal evaluations and feedback; 

5 ‘‘(vii) a plan and substantive targeted 

6 support for teachers and principals who 

7 fail to meet the performance standards es8 tablished under clauses (i) and (ii); 

9 ‘‘(viii) a streamlined, transparent, 

10 fair, and objective decisionmaking process 

11 for documentation and removal of teacher 

12 and principals who fail to meet such per13 formance standards, as governed by any 

14 applicable collective bargaining agreement 

15 or State law and after substantive targeted 

16 and reasonable support has been provided 

17 to such teachers and principals; and 

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

19 agency in a State that has a State evalua20 tion framework, the alignment of the local 

21 educational agency’s evaluation system 

22 with, at a minimum, such framework and 

23 the requirements of this paragraph; 

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

25 coaching, and professional development for prinVerDate Mar 15 2010 03:03 May 20, 2010 Jkt 089200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H5336.IH H5336

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1 cipals and other school leaders serving the schools 

2 targeted for assistance under such subgrant, which 

3 shall— 

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

5 high-quality formalized induction program out6 side the supervisory structure for beginning 

7 principals and other school leaders, during not 

8 less than the principals’ and other school lead9 ers’ first 2 years of full-time employment as a 

10 principal or other school leader in the local edu11 cational agency, to develop and improve the 

12 knowledge and skills described in subparagraph 

13 (B), including— 

14 ‘‘(i) a rigorous mentor or coach selec15 tion process based on exemplary adminis16 trative expertise and experience; 

17 ‘‘(ii) a program of ongoing opportuni18 ties throughout the school year for the 

19 mentoring or coaching of beginning prin20 cipals and other school leaders, including 

21 opportunities for regular observation and 

22 feedback; 

23 ‘‘(iii) foundational training and ongo24 ing professional development for mentors 

25 or coaches; and 


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1 ‘‘(iv) the use of research-based leader2 ship standards, formative and summative 

3 assessments, or principal and other school 

4 leader protocols (such as the National 

5 Board for Professional Teaching Stand6 ards Certification for Educational Leaders 

7 program or the 2008 Interstate School 

8 Leaders Licensure Consortium Standards); 

9 and 

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

11 school principals and other school leaders in— 

12 ‘‘(i) planning and articulating a 

13 shared and clear schoolwide direction, vi14 sion, and strategy for achieving high 

15 standards of student performance; 

16 ‘‘(ii) identifying and implementing the 

17 activities and rigorous student curriculum 

18 and assessments necessary for achieving 

19 such standards of performance; 

20 ‘‘(iii) managing and supporting a col21 laborative culture of ongoing learning and 

22 professional development and ensuring 

23 quality evidence of classroom practice (in24 cluding shared or distributive leadership 

25 and providing timely and constructive feedVerDate Mar 15 2010 03:03 May 20, 2010 Jkt 089200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H5336.IH H5336

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1 back to teachers to improve student learn2 ing and strengthen classroom practice); 

3 ‘‘(iv) communicating and engaging 

4 parents, families, and local communities 

5 and organizations (including engaging in 

6 partnerships among elementary schools, 

7 secondary schools, and institutions of high8 er education to ensure the vertical align9 ment of student learning outcomes); 

10 ‘‘(v) collecting, analyzing, and uti11 lizing data and other tangible evidence of 

12 student learning and classroom practice 

13 (including the use of formative and 

14 summative assessments) to— 

15 ‘‘(I) guide decisions and actions 

16 for continuous instructional improve17 ment; and 

18 ‘‘(II) ensure performance ac19 countability; 

20 ‘‘(vi) managing resources and school 

21 time to ensure a safe and effective student 

22 learning environment; and 

23 ‘‘(vii) designing and implementing 

24 strategies for differentiated instruction and 

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1 verse learners, including children with dis2 abilities and English language learners; 

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

4 teachers to assume new school leadership roles and 

5 responsibilities, including— 

6 ‘‘(i) serving as mentors, instructional 

7 coaches, or master teachers; or 

8 ‘‘(ii) assuming increased responsibility for 

9 professional development activities, curriculum 

10 development, or school improvement and leader11 ship activities; and 

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

13 such school leadership roles and responsibilities; and 

14 ‘‘(6) provide significant and sustainable sti15 pends above a teacher’s base salary for teachers that 

16 serve as mentors, instructional coaches, teacher lead17 ers, or evaluators under the programs described in 

18 this subsection. 

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

20 a subgrant under this part shall conduct a valid and reli21 able full population survey of teaching and learning, at 

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

23 as topics in the survey, not less than the following ele24 ments essential to improving student learning and retain25 ing effective teachers: 


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1 ‘‘(1) Instructional planning time. 

2 ‘‘(2) School leadership. 

3 ‘‘(3) Decisionmaking processes. 

4 ‘‘(4) Teacher professional development. 

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

6 school library. 

7 ‘‘(6) Beginning teacher induction. 

8 ‘‘(7) School safety and environment. 

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

10 described in subsection (a) shall— 

11 ‘‘(1) integrate and align all of the activities de12 scribed in such subsection; 

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

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

15 ‘‘(3) be aligned with the State’s school improve16 ment efforts under sections 1116 and 1117; and 

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

18 under title II of the Higher Education Act of 1965 

19 and other professional development programs au20 thorized under this Act. 

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

22 to be provided under this section may be provided— 

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

24 ‘‘(2) by the local educational agency, in collabo25 ration with— 


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1 ‘‘(A) the State educational agency; 

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

3 ‘‘(C) a nonprofit organization; 

4 ‘‘(D) a teacher organization; 

5 ‘‘(E) a principal or school leader organiza6 tion; 

7 ‘‘(F) an educational service agency; 

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

9 ‘‘(H) another nonprofit entity with experi10 ence in helping schools improve student achieve11 ment. 

12 ‘‘SEC. 2503. PROGRAM EVALUATION. 

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

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

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

16 program on— 

17 ‘‘(1) student learning; 

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

19 differentiating the retainment data by profession 

20 and by the level of performance of the teachers and 

21 principals, based on the evaluation system described 

22 in section 2502(a)(3); 

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

24 practice, which shall include, for teachers and prin25 cipals, practice measured by the teacher and prinVerDate Mar 15 2010 03:03 May 20, 2010 Jkt 089200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\H5336.IH H5336

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1 cipal evaluation system described in section 

2 2502(a)(3); 

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

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

5 ‘‘(6) parent, family, and community involve6 ment and satisfaction; 

7 ‘‘(7) student attendance rates; 

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

9 ‘‘(9) student behavior. 

10 ‘‘(b) LOCAL EDUCATIONAL AGENCY AND SCHOOL

11 EFFECTIVENESS.—The formal evaluation system de12 scribed in subsection (a) shall also measure the effective13 ness of the local educational agency and school in— 

14 ‘‘(1) implementing the comprehensive induction 

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

16 ‘‘(2) implementing high-quality professional de17 velopment described in section 2502(a)(2); 

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

19 transparent, and equitable teacher and principal 

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

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

22 professional development for school principals and 

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


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

2 schools are using data to inform instructional prac3 tices; and 

4 ‘‘(6) ensuring that the comprehensive induction 

5 and high-quality mentoring required under section 

6 2502(a)(1) and the high impact professional devel7 opment required under section 2502(a)(2) are inte8 grated and aligned with the State’s school improve9 ment efforts under sections 1116 and 1117. 

10 ‘‘(c) CONDUCT OF EVALUATION.—The evaluation de11 scribed in subsection (a) shall be— 

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

13 higher education, or an external agency that is expe14 rienced in conducting such evaluations; and 

15 ‘‘(2) developed in collaboration with groups 

16 such as— 

17 ‘‘(A) experienced educators with track 

18 records of success in the classroom; 

19 ‘‘(B) institutions of higher education in20 volved with teacher induction and professional 

21 development located within the State; and 

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

23 leader organizations. 

24 ‘‘(d) DISSEMINATION.— 


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1 ‘‘(1) IN GENERAL.—The results of the evalua2 tion described in subsection (a) shall be submitted to 

3 the Secretary. 

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

5 make the results of each evaluation described in sub6 section (a) available to States, local educational 

7 agencies, and the public. 

8 ‘‘SEC. 2504. CONSTRUCTION. 

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

10 otherwise affect the rights, remedies, and procedures af11 forded school or local educational agency employees under 

12 Federal, State, or local laws (including applicable regula13 tions or court orders) or under the terms of collective bar14 gaining agreements, memoranda of understanding, or 

15 other agreements between such employees and their em16 ployers. 

17 ‘‘SEC. 2505. AUTHORIZATION OF APPROPRIATIONS. 

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

19 this part $1,000,000,000 for fiscal year 2011 and such 

20 sums as may be necessary for each succeeding fiscal 

21 year.’’. 

Æ 


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