II 

111TH CONGRESS 

2D SESSION S. 3242 

To improve teacher quality, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 21, 2010 

Mr. REED (for himself, Mr. LEMIEUX, and Mr. BROWN of Ohio) introduced 

the following bill; which was read twice and referred to the Committee 

on Health, Education, Labor, and Pensions 

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. 


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1 (2) A report by William L. Sanders and June 

2 C. Rivers showed that if 2 average 8-year-old stu3 dents were given different teachers, 1 of them a high 

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

5 performance diverged by more than 50 percentile 

6 points within 3 years. 

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

8 Mendro, and Dash Weerasinghe showed that the 

9 performance gap between students assigned 3 effec10 tive teachers in a row, and those assigned 3 ineffec11 tive teachers in a row, was 49 percentile points. 

12 (4) In Boston, research has shown that stu13 dents placed with high-performing mathematics 

14 teachers made substantial gains, while students 

15 placed with the least effective teachers regressed and 

16 their mathematics scores decreased. 

17 (5) McKinsey & Company found that studies 

18 that take into account all of the available evidence 

19 on teacher effectiveness suggest that students placed 

20 with high-performing teachers will progress 3 times 

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

22 (6) A 2003 study by Richard Ingersoll found 

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

24 schools, face such challenging working conditions 

25 that nearly one-half leave the profession within their 


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

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

3 year. 

4 (7) A report by the National Commission on 

5 Teaching and America’s Future estimated that the 

6 nationwide cost of replacing public school teachers 

7 who have dropped out of the profession is 

8 $7,300,000,000 annually. 

9 (8) Research by Thomas Smith, Richard Inger10 soll, and Anthony Villar has shown that comprehen11 sive mentoring and induction reduces teacher attri12 tion by as much as one-half and strengthens new 

13 teacher effectiveness. 

14 (9) A recent School Redesign Network at Stan15 ford University and National Staff Development 

16 Council report by Linda Darling-Hammond, Ruth 

17 Chung Wei, Alethea Andree, Nikole Richardson, and 

18 Stelios Orphanos found that— 

19 (A) a set of programs that offered substan20 tial contact hours of professional development 

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

22 over 6 to 12 months showed a positive and sig23 nificant effect on student achievement gains; 

24 and 


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1 (B) intensive professional development, es2 pecially when it includes applications of knowl3 edge to teachers’ planning and instruction, has 

4 a greater chance of influencing teacher prac5 tices, and in turn, leading to gains in student 

6 learning. Such intensive professional develop7 ment has shown a positive and significant effect 

8 on student achievement gains, in some cases by 

9 approximately 21 percentile points. 

10 (10) Recent reports from the Center for Amer11 ican Progress, Education Sector, Hope Street 

12 Group, and the New Teacher Project have collec13 tively demonstrated the significant flaws in current 

14 teacher evaluation and implementation, and the ne15 cessity for redesigning these systems and linking 

16 such evaluation to individualized feedback and sub17 stantive targeted support in order to ensure effective 

18 teaching. 

19 (11) Research by Kenneth Liethwood, Karen 

20 Seashore Louis, Stephen Anderson, and Kyla 

21 Wahlstrom found that— 

22 (A) leadership is second only to classroom 

23 instruction among school-related factors that 

24 influence student outcomes; and 


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1 (B) direct and indirect leadership effects 

2 account for about one-quarter of total school ef3 fects on student learning. 

4 (12) Research by Charles Clotfelter, Helen 

5 Ladd, Kenneth Leithwood, and Anthony Milanowski 

6 has shown that the quality of working conditions, 

7 particularly supportive school leadership, impacts 

8 student academic achievement and teacher recruit9 ment, retention, and effectiveness. 

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

11 build capacity for developing effective teachers and prin12 cipals in our Nation’s schools through— 

13 (1) the redesign of teacher and principal eval14 uation and assessment systems; 

15 (2) comprehensive, high-quality, rigorous multi16 year induction and mentoring programs for begin17 ning teachers, principals, and other school leaders; 

18 (3) systematic, sustained, and coherent profes19 sional development for all teachers that is team20 based and job-embedded; 

21 (4) systematic, sustained, and coherent profes22 sional development for school principals, other school 

23 leaders, school librarians, paraprofessionals, and 

24 other staff; and 


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1 (5) increased teacher leadership opportunities, 

2 including compensation for teacher leaders who take 

3 on new roles in providing school-based professional 

4 development, mentoring, rigorous evaluation, and in5 structional coaching. 

6 SEC. 3. DEFINITIONS. 

7 Section 9101 of the Elementary and Secondary Edu8 cation Act of 1965 (20 U.S.C. 7801) is amended— 

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

10 the following: 

11 ‘‘(34) PROFESSIONAL DEVELOPMENT.—The 

12 term ‘professional development’ means comprehen13 sive, sustained, and intensive support, provided for 

14 teachers, principals, school librarians, other school 

15 leaders, and other instructional staff, that— 

16 ‘‘(A) fosters collective responsibility for im17 proved student learning; 

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

19 manner that increases teacher, principal, school 

20 librarian, other school leader, paraprofessional, 

21 and other instructional staff effectiveness in im22 proving student learning and strengthening 

23 classroom practice; 

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

25 information collected from— 


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1 ‘‘(i) evidence of student learning; 

2 ‘‘(ii) evidence of classroom practice; 

3 and 

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

5 system; 

6 ‘‘(D) is aligned with— 

7 ‘‘(i) rigorous State student academic 

8 achievement standards developed under 

9 section 1111(b)(1); 

10 ‘‘(ii) related academic and school im11 provement goals of the school, local edu12 cational agency, and statewide curriculum; 

13 ‘‘(iii) statewide and local curricula; 

14 and 

15 ‘‘(iv) rigorous standards of profes16 sional practice and development; 

17 ‘‘(E) primarily occurs multiple times per 

18 week during the regular school day among es19 tablished collaborative teams of teachers, prin20 cipals, school librarians, other school leaders, 

21 and other instructional staff, by grade level and 

22 content area (to the extent applicable and prac23 ticable), which teams engage in a continuous 

24 cycle of professional learning and improvement 

25 that— 


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

2 ‘‘(I) evidence of student learning; 

3 and 

4 ‘‘(II) evidence of classroom prac5 tice; 

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

7 learning goals to improve student learning 

8 and strengthen classroom practice based 

9 on the rigorous analysis of evidence of stu10 dent learning and evidence of classroom 

11 practice; 

12 ‘‘(iii) develops and implements coher13 ent, sustained, and evidenced-based profes14 sional development strategies to meet such 

15 goals (including through instructional 

16 coaching, lesson study, and study groups 

17 organized at the school, team, or individual 

18 levels); 

19 ‘‘(iv) provides learning opportunities 

20 for teachers to collectively develop and re21 fine student learning goals and the teach22 ers’ instructional practices and the use of 

23 formative assessment; 

24 ‘‘(v) provides an effective mechanism 

25 to support the transfer of new knowledge 


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1 and skills to the classroom (including uti2 lizing teacher leaders, instructional coach3 es, and content experts to support such 

4 transfer); and 

5 ‘‘(vi) provides opportunities for follow6 up, observation, and formative feedback 

7 and assessment of the teacher’s classroom 

8 practice, on a regular basis and in a man9 ner that allows each such teacher to iden10 tify areas of classroom practice that need 

11 to be strengthened, refined, and improved; 

12 ‘‘(F) regularly assesses the effectiveness of 

13 the professional development, and uses such as14 sessments to inform ongoing improvements, 

15 in— 

16 ‘‘(i) improving student learning; and 

17 ‘‘(ii) strengthening classroom practice; 

18 and 

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

20 training of highly qualified teachers, including 

21 teachers who become highly qualified through 

22 State and local alternative routes to certifi23 cation or licensure.’’; 

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


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

2 The term ‘evidence of classroom practice’ means evi3 dence of classroom practice gathered through mul4 tiple formats and sources, including some or all of 

5 the following: 

6 ‘‘(A) Demonstration of effective teaching 

7 skills. 

8 ‘‘(B) Classroom observations based on rig9 orous teacher performance standards or rubrics. 

10 ‘‘(C) Student work. 

11 ‘‘(D) Teacher portfolios. 

12 ‘‘(E) Videos of teacher practice. 

13 ‘‘(F) Lesson plans. 

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

15 the teacher collaborates and shares best prac16 tices with other teachers and instructional staff. 

17 ‘‘(H) Information on the teacher’s success18 ful use of research and data. 

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

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

21 term ‘evidence of student learning’ means— 

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

23 data based on student learning gains and teach24 er impact where available, on State student aca25 demic assessments under section 1111(c); and 


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1 ‘‘(B) other evidence of student learning, in2 cluding some or all of the following: 

3 ‘‘(i) Data, which shall include value4 added data based on student learning 

5 gains and teacher impact where available, 

6 on other student academic achievement as7 sessments. 

8 ‘‘(ii) Student work, including meas9 ures of performance criteria and evidence 

10 of student growth. 

11 ‘‘(iii) Teacher-generated information 

12 about student goals and growth. 

13 ‘‘(iv) Formative and summative as14 sessments. 

15 ‘‘(v) Objective performance-based as16 sessments. 

17 ‘‘(vi) Assessments of affective engage18 ment and self-efficacy. 

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

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

21 local educational agency that— 

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

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

24 the greatest number of subgroups described in 

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


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1 margins, as compared to the other schools 

2 served by the local educational agency; and 

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

4 a graduation rate of less than 65 percent. 

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

6 leader’ means an individual who— 

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

8 and 

9 ‘‘(B) is responsible for— 

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

11 ‘‘(ii) the daily instructional and mana12 gerial operations of the school. 

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

14 skills’ means skills that are consistent with section 

15 200 of the Higher Education Act of 1965 and that 

16 enable a teacher to— 

17 ‘‘(A) increase student learning, achieve18 ment, and the ability to apply knowledge; 

19 ‘‘(B) effectively convey and explain aca20 demic subject matter; 

21 ‘‘(C) effectively teach higher-order analyt22 ical, evaluation, problem-solving, and commu23 nication skills; 

24 ‘‘(D) develop and effectively apply new 

25 knowledge, skills, and practices; 


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1 ‘‘(E) employ strategies grounded in the 

2 disciplines of teaching and learning that— 

3 ‘‘(i) are based on empirically based 

4 practice and scientifically valid research, 

5 where applicable, related to teaching and 

6 learning; 

7 ‘‘(ii) are specific to academic subject 

8 matter; 

9 ‘‘(iii) focus on the identification of 

10 students’ specific learning needs, (includ11 ing children with disabilities, students who 

12 are limited English proficient, students 

13 who are gifted and talented, and students 

14 with low literacy levels), and the tailoring 

15 of academic instruction to such needs; and 

16 ‘‘(iv) enable effective inclusion of chil17 dren with disabilities and English language 

18 learners, including the utilization of— 

19 ‘‘(I) response to intervention; 

20 ‘‘(II) positive behavioral sup21 ports; 

22 ‘‘(III) differentiated instruction; 

23 ‘‘(IV) universal design of learn24 ing; 


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1 ‘‘(V) appropriate accommoda2 tions for instruction and assessments; 

3 ‘‘(VI) collaboration skills; and 

4 ‘‘(VII) skill in effectively partici5 pating in individualized education pro6 gram meetings required under section 

7 614 of the Individuals with Disabil8 ities Education Act (20 U.S.C. 1414); 

9 ‘‘(F) conduct an ongoing assessment of 

10 student learning, which may include the use of 

11 formative assessments, performance-based as12 sessments, project-based assessments, or port13 folio assessments, that measures higher-order 

14 thinking skills (including application, analysis, 

15 synthesis, and evaluation); 

16 ‘‘(G) effectively manage a classroom, in17 cluding the ability to implement positive behav18 ioral support strategies; 

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

20 and involve parents in their children’s edu21 cation; and 

22 ‘‘(I) use age-appropriate and develop23 mentally appropriate strategies and practices.’’; 

24 and 


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1 (3) by redesignating paragraphs (1) through 

2 (39), the undesignated paragraph following para3 graph (39), and paragraphs (41) through (48) (as 

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

5 (18), (21) through (28), (30) through (40), (42) 

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

7 respectively. 

8 SEC. 4. SCHOOL IMPROVEMENT. 

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

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

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

13 after the semicolon; 

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

15 and inserting ‘‘; and’’; and 

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

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

18 the activities required under section 2502.’’. 

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

21 Title II of the Elementary and Secondary Education 

22 Act of 1965 (20 U.S.C. 6601 et seq.) is amended by add23 ing at the end the following: 


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1 ‘‘PART E—BUILDING SCHOOL CAPACITY FOR 

2 EFFECTIVE TEACHING AND LEADERSHIP 

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

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

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

7 under section 2504, the Secretary shall award 

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

9 to States to enable the States to award subgrants to 

10 local educational agencies under this part. 

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

12 grant under this part for a fiscal year shall— 

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

14 available through the grant to make subgrants, 

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

16 local educational agencies; and 

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

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

20 agencies carry out this part; 

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

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

25 ‘‘(iii) conducting the evaluation re26 quired under section 2503. 


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1 ‘‘(3) FORMULAS.— 

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

4 year shall bear the same relation to the total 

5 amount available for such allotments for the fis6 cal year, as the allotment provided to the State 

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

8 the total amount available for such allotments 

9 for such year. 

10 ‘‘(B) ALLOCATIONS.—The allocation pro11 vided to a local educational agency under this 

12 section for a fiscal year shall bear the same re13 lation to the total amount available for such al14 locations for the fiscal year, as the allocation 

15 provided the State under section 2121(a) for 

16 such year bears to the total amount available 

17 for such allocations for such year. 

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

19 educational agency receiving a subgrant under this 

20 part shall first use such funds to carry out the ac21 tivities described in section 2502(a) in each lowest 

22 achieving school served by the local educational 

23 agency— 


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1 ‘‘(A) that demonstrates the greatest need 

2 for subgrant funds based on the data analysis 

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

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

5 the students enrolled in the school are eligible 

6 for a free or reduced price lunch under the 

7 Richard B. Russell National School Lunch Act 

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

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

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

11 subgrant under this part, a local educational agency 

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

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

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

16 information as the State educational agency may 

17 reasonably require. 

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

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

23 schools served by the local educational agency 

24 in carrying out the requirements of section 

25 2502, including— 


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1 ‘‘(i) developing and implementing the 

2 teacher and principal evaluation system 

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

4 ‘‘(ii) implementing teacher induction 

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

6 ‘‘(iii) providing effective professional 

7 development in accordance with section 

8 2502(a)(2); 

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

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

13 and 

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

16 2502(a)(6); 

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

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

21 and 

22 ‘‘(ii) ensure that such programs are 

23 integrated and aligned pursuant to section 

24 2502(c); 


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1 ‘‘(C)(i) a description of how the local edu2 cational agency will use subgrant funds to tar3 get and support the lowest achieving schools de4 scribed in section 2501(a)(4) before using funds 

5 for other lowest achieving schools; and 

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

7 achieving schools that will be assisted under the 

8 subgrant; 

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

11 children with disabilities and English language 

12 learners, including through utilization by the 

13 teachers, principals, and other school leaders of 

14 the local educational agency of— 

15 ‘‘(i) response to intervention; 

16 ‘‘(ii) positive behavioral supports; 

17 ‘‘(iii) differentiated instruction; 

18 ‘‘(iv) universal design of learning; 

19 ‘‘(v) appropriate accommodations for 

20 instruction and assessments; 

21 ‘‘(vi) collaboration skills; and 

22 ‘‘(vii) skill in effectively participating 

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1 dividuals with Disabilities Education Act 

2 (20 U.S.C. 1414); 

3 ‘‘(E) a description of how the local edu4 cational agency will assist the lowest achieving 

5 schools in utilizing real-time student learning 

6 data, based on evidence of student learning and 

7 evidence of classroom practice, to— 

8 ‘‘(i) drive instruction; and 

9 ‘‘(ii) inform professional development 

10 for teachers, mentors, principals, and other 

11 school leaders; and 

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

13 and assistance provided under section 2502 will 

14 be managed and designed, including a descrip15 tion of the division of labor and different roles 

16 and responsibilities of local educational agency 

17 central office staff members, school leaders, 

18 teacher leaders, coaches, mentors, and eval19 uators. 

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

21 agency desiring a subgrant under this part shall, 

22 prior to applying for the subgrant, conduct a data 

23 analysis of each school served by the local edu24 cational agency, based on data and information col25 lected from evidence of student learning, evidence of 


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1 classroom practice, and the State’s longitudinal data 

2 system, in order to— 

3 ‘‘(A) determine which schools have the 

4 most critical teacher, principal, and other school 

5 leader quality, effectiveness, and professional 

6 development needs; and 

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

8 identify the specific needs regarding the quality, 

9 effectiveness, and professional development 

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

11 other school leaders, including with respect to 

12 instruction provided for individual student sub13 groups (including children with disabilities and 

14 English language learners) and specific grade 

15 levels and content areas. 

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

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

18 subparagraph (B), a local educational agency 

19 shall— 

20 ‘‘(i) jointly develop the application 

21 and data analysis framework under this 

22 subsection with local organizations rep23 resenting the teachers, principals, and 

24 other school leaders in the local edu25 cational agency; and 


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1 ‘‘(ii) submit the application and data 

2 analysis in partnership with such local 

3 teacher, principal, and school leader orga4 nizations. 

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

6 consultation with the Secretary, consider an ap7 plication from a local educational agency that is 

8 not jointly developed and submitted in accord9 ance with subparagraph (A) if the application 

10 includes documentation of the local educational 

11 agency’s extensive attempt to work jointly with 

12 local teacher, principal, and school leader orga13 nizations. 

14 ‘‘SEC. 2502. USE OF FUNDS. 

15 ‘‘(a) INDUCTION, PROFESSIONAL DEVELOPMENT, 

16 AND EVALUATION SYSTEM.—A local educational agency 

17 that receives a subgrant under this part shall use the 

18 subgrant funds to improve teacher and principal quality 

19 through a system of teacher and principal induction, pro20 fessional development, and evaluation. Such system shall 

21 be developed, implemented, and evaluated in collaboration 

22 with local teacher, principal, and school leader organiza23 tions and local teacher, principal, and school leader prepa24 ration programs and shall provide assistance to each 


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1 school that the local educational agency has identified 

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

3 ‘‘(1) implement a comprehensive, coherent, high 

4 quality formalized induction program for beginning 

5 teachers during not less than the teachers’ first 2 

6 years of full-time employment as teachers with the 

7 local educational agency, that shall include— 

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

9 local educational agency leaders with mentoring 

10 and instructional expertise, including require11 ments that the mentor demonstrate— 

12 ‘‘(i) a proven track record of improv13 ing student learning; 

14 ‘‘(ii) strong interpersonal and oral and 

15 written communication skills; 

16 ‘‘(iii) exemplary teaching skills, par17 ticularly with diverse learners, including 

18 children with disabilities and English lan19 guage learners; 

20 ‘‘(iv) skill in enabling the effective in21 clusion of diverse learners, including chil22 dren with disabilities and English language 

23 learners; 

24 ‘‘(v) commitment to personal and pro25 fessional growth and learning, such as NaVerDate Nov 24 2008 23:43 Apr 21, 2010 Jkt 089200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S3242.IS S3242

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1 tional Board for Professional Teaching 

2 Standards certification; 

3 ‘‘(vi) willingness and experience in 

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

5 classroom level practices that have dem6 onstrated the capacity to— 

7 ‘‘(I) improve student learning 

8 and classroom practice; and 

9 ‘‘(II) inform instruction and pro10 fessional growth; 

11 ‘‘(vii) skill in engaging in successful 

12 collaboration with other teachers, other 

13 school leaders, and staff; 

14 ‘‘(viii) extensive knowledge of plan15 ning effective assessments and analysis of 

16 student data; 

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

18 learners in professional development; 

19 ‘‘(x) a commitment to participate in 

20 professional development throughout the 

21 year to develop the knowledge and skills 

22 related to effective mentoring; 

23 ‘‘(xi) skill in promoting teacher reflec24 tion through formative assessment proc25 esses, including conversations with beginVerDate Nov 24 2008 23:43 Apr 21, 2010 Jkt 089200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S3242.IS S3242

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1 ning teachers using evidence of student 

2 learning and evidence of classroom prac3 tice; and 

4 ‘‘(xii) ability to improve the effective5 ness of the mentor’s mentees, as assessed 

6 by the evaluation system described in para7 graph (3); 

8 ‘‘(B) a program of high quality, intensive, 

9 and ongoing mentoring and mentor-teacher 

10 interactions that— 

11 ‘‘(i) matches mentors with beginning 

12 teachers by grade level and content area, 

13 to the extent practicable; 

14 ‘‘(ii) assists each beginning teacher 

15 in— 

16 ‘‘(I) analyzing data based on the 

17 beginning teacher’s evidence of stu18 dent learning and evidence of class19 room practice, and utilizing research20 based instructional strategies, includ21 ing differentiated instruction, to in22 form and strengthen such practice; 

23 ‘‘(II) developing and enhancing 

24 effective teaching skills; 


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1 ‘‘(III) enabling effective inclusion 

2 of children with disabilities and 

3 English language learners, including 

4 through the utilization of— 

5 ‘‘(aa) response to interven6 tion; 

7 ‘‘(bb) positive behavioral 

8 supports; 

9 ‘‘(cc) differentiated instruc10 tion; 

11 ‘‘(dd) universal design of 

12 learning; 

13 ‘‘(ee) appropriate accom14 modations for instruction and as15 sessments; 

16 ‘‘(ff) collaboration skills; and 

17 ‘‘(gg) skill in effectively par18 ticipating in individualized edu19 cation program meetings required 

20 under section 614 of the Individ21 uals with Disabilities Education 

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

23 ‘‘(IV) using formative assess24 ments to— 


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1 ‘‘(aa) collect and analyze 

2 classroom-level data; 

3 ‘‘(bb) foster evidence-based 

4 discussions; 

5 ‘‘(cc) provide opportunities 

6 for self assessment; 

7 ‘‘(dd) examine classroom 

8 practice; and 

9 ‘‘(ee) establish goals for pro10 fessional growth; and 

11 ‘‘(V) achieving the goals of the 

12 school, district, and statewide cur13 ricula; 

14 ‘‘(iii) provides regular and ongoing op15 portunities for beginning teachers and 

16 mentors to observe each other’s teaching 

17 methods in classroom settings during the 

18 school day; 

19 ‘‘(iv) models innovative teaching 

20 methodologies through techniques such as 

21 team teaching, demonstrations, simula22 tions, and consultations; 

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

24 of the local educational agency and school; 


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1 ‘‘(vi)(I) acts as a vehicle for a begin2 ning teacher to establish short- and long3 term planning and professional goals and 

4 to improve student learning and classroom 

5 practice; and 

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

7 the beginning teacher’s progress toward 

8 such goals; 

9 ‘‘(vii) assigns not more than 12 begin10 ning teacher mentees to a mentor who 

11 works full-time, and reduces such max12 imum number of mentees proportionately 

13 for a mentor who works on a part-time 

14 basis; 

15 ‘‘(viii) provides joint professional de16 velopment opportunities for mentors and 

17 beginning teachers; 

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

19 teachers to support mentors or other 

20 teachers; 

21 ‘‘(x) improves student learning and 

22 classroom practice, as measured by the 

23 evaluation system described in paragraph 

24 (3); and 


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1 ‘‘(xi) assists each beginning teacher 

2 in— 

3 ‘‘(I) connecting students’ prior 

4 knowledge, life experience, and inter5 ests with learning goals; and 

6 ‘‘(II) engaging students in prob7 lem-solving and critical thinking; 

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

9 than 90 minutes per week for high quality men10 toring and mentor-teacher interactions; 

11 ‘‘(D) foundational training and ongoing 

12 professional development for mentors that sup13 port the high quality mentoring and mentor14 teacher interactions described in subparagraph 

15 (B); and 

16 ‘‘(E) use of research-based teaching stand17 ards, formative assessments, teacher portfolio 

18 processes (such as the National Board for Pro19 fessional Teaching Standards certification proc20 ess), and teacher development protocols that 

21 supports the high quality mentoring and men22 tor-teacher interactions described in subpara23 graph (B); 

24 ‘‘(2) implement high-quality effective profes25 sional development for teachers, principals, school liVerDate Nov 24 2008 23:43 Apr 21, 2010 Jkt 089200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S3242.IS S3242

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1 brarians, and other school leaders serving the 

2 schools targeted for assistance under the subgrant; 

3 ‘‘(3) develop and implement a rigorous, trans4 parent, and equitable teacher and principal evalua5 tion system for all schools served by the local edu6 cational agency that— 

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

8 feedback to teachers and principals on areas for 

9 improvement; 

10 ‘‘(ii) provides for substantive support and 

11 interventions targeted specifically on such areas 

12 of improvement; and 

13 ‘‘(iii) results in summative evaluations; 

14 ‘‘(B) differentiates the effectiveness of 

15 teachers and principals using multiple rating 

16 categories that take into account evidence of 

17 student learning; 

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

19 evaluated in partnership with local teacher and 

20 principal organizations; and 

21 ‘‘(D) includes— 

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

23 performance standards and rubrics for 

24 teacher evaluation based on multiple perVerDate Nov 24 2008 23:43 Apr 21, 2010 Jkt 089200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S3242.IS S3242

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1 formance measures, which shall include a 

2 combination of— 

3 ‘‘(I) evidence of classroom prac4 tice; and 

5 ‘‘(II) evidence of student learning 

6 as a significant factor; 

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

8 performance standards and rubrics for 

9 principal evaluation based on multiple per10 formance measures of student learning and 

11 leadership skills, which standards shall in12 clude— 

13 ‘‘(I) planning and articulating a 

14 shared and coherent schoolwide direc15 tion and policy for achieving high 

16 standards of student performance; 

17 ‘‘(II) identifying and imple18 menting the activities and rigorous 

19 curriculum necessary for achieving 

20 such standards of student perform21 ance; 

22 ‘‘(III) supporting a culture of 

23 learning and professional behavior and 

24 ensuring quality measures of class25 room practice; 


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1 ‘‘(IV) communicating and engag2 ing parents, families, and other exter3 nal communities; and 

4 ‘‘(V) collecting, analyzing, and 

5 utilizing data and other tangible evi6 dence of student learning and evi7 dence of classroom practice to guide 

8 decisions and actions for continuous 

9 improvement and to ensure perform10 ance accountability; 

11 ‘‘(iii) multiple and distinct rating op12 tions that allow evaluators to— 

13 ‘‘(I) conduct multiple classroom 

14 observations throughout the school 

15 year; 

16 ‘‘(II) examine the impact of the 

17 teacher or principal on evidence of 

18 student learning and evidence of class19 room practice; 

20 ‘‘(III) specifically describe and 

21 compare differences in performance, 

22 growth, and development; and 

23 ‘‘(IV) provide teachers or prin24 cipals with detailed individualized 

25 feedback and evaluation in a manner 


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1 that allows each teacher or principal 

2 to identify the areas of classroom 

3 practice that need to be strengthened, 

4 refined, and improved; 

5 ‘‘(iv) implementing a formative assess6 ment and summative evaluation process 

7 based on the performance standards estab8 lished under clauses (i) and (ii); 

9 ‘‘(v) rigorous training for evaluators 

10 on the performance standards established 

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

12 of conducting effective evaluations, includ13 ing how to provide specific feedback and 

14 improve teaching and principal practice 

15 based on evaluation results; 

16 ‘‘(vi) regular monitoring and assess17 ment of the quality and fairness of the 

18 evaluation system and the evaluators’ 

19 judgements, including with respect to— 

20 ‘‘(I) inter-rater reliability, includ21 ing independent or third-party re22 views; 

23 ‘‘(II) student assessments used in 

24 the evaluation system; 


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1 ‘‘(III) the performance standards 

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

3 ‘‘(IV) training and qualifications 

4 of evaluators; and 

5 ‘‘(V) timeliness of teacher and 

6 principal evaluations and feedback; 

7 ‘‘(vii) a plan and substantive targeted 

8 support for teachers and principals who 

9 fail to meet the performance standards es10 tablished under clauses (i) and (ii); 

11 ‘‘(viii) a streamlined, transparent, 

12 fair, and objective decisionmaking process 

13 for documentation and removal of teacher 

14 and principals who fail to meet such per15 formance standards, as governed by any 

16 applicable collective bargaining agreement 

17 or State law and after substantive targeted 

18 and reasonable support has been provided 

19 to such teachers and principals; and 

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

21 agency in a State that has a State evalua22 tion framework, the alignment of the local 

23 educational agency’s evaluation system 

24 with, at a minimum, such framework and 

25 the requirements of this paragraph; 


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

2 coaching, and professional development for prin3 cipals and other school leaders serving the schools 

4 targeted for assistance under such subgrant, which 

5 shall— 

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

7 high-quality formalized induction program out8 side the supervisory structure for beginning 

9 principals and other school leaders, during not 

10 less than the principals’ and other school lead11 ers’ first 2 years of full-time employment as a 

12 principal or other school leader in the local edu13 cational agency, to develop and improve the 

14 knowledge and skills described in subparagraph 

15 (B), including— 

16 ‘‘(i) a rigorous mentor or coach selec17 tion process based on exemplary adminis18 trative expertise and experience; 

19 ‘‘(ii) a program of ongoing opportuni20 ties throughout the school year for the 

21 mentoring or coaching of beginning prin22 cipals and other school leaders, including 

23 opportunities for regular observation and 

24 feedback; 


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1 ‘‘(iii) foundational training and ongo2 ing professional development for mentors 

3 or coaches; and 

4 ‘‘(iv) the use of research-based leader5 ship standards, formative and summative 

6 assessments, or principal and other school 

7 leader protocols (such as the National 

8 Board for Professional Teaching Stand9 ards Certification for Educational Leaders 

10 program or the 2008 Interstate School 

11 Leaders Licensure Consortium Standards); 

12 and 

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

14 school principals and other school leaders in— 

15 ‘‘(i) planning and articulating a 

16 shared and clear schoolwide direction, vi17 sion, and strategy for achieving high 

18 standards of student performance; 

19 ‘‘(ii) identifying and implementing the 

20 activities and rigorous student curriculum 

21 and assessments necessary for achieving 

22 such standards of performance; 

23 ‘‘(iii) managing and supporting a col24 laborative culture of ongoing learning and 

25 professional development and ensuring 


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1 quality evidence of classroom practice (in2 cluding shared or distributive leadership 

3 and providing timely and constructive feed4 back to teachers to improve student learn5 ing and strengthen classroom practice); 

6 ‘‘(iv) communicating and engaging 

7 parents, families, and local communities 

8 and organizations (including engaging in 

9 partnerships among elementary schools, 

10 secondary schools, and institutions of high11 er education to ensure the vertical align12 ment of student learning outcomes); 

13 ‘‘(v) collecting, analyzing, and uti14 lizing data and other tangible evidence of 

15 student learning and classroom practice 

16 (including the use of formative and 

17 summative assessments) to— 

18 ‘‘(I) guide decisions and actions 

19 for continuous instructional improve20 ment; and 

21 ‘‘(II) ensure performance ac22 countability; 

23 ‘‘(vi) managing resources and school 

24 time to ensure a safe and effective student 

25 learning environment; and 


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1 ‘‘(vii) designing and implementing 

2 strategies for differentiated instruction and 

3 effectively identifying and educating di4 verse learners, including children with dis5 abilities and English language learners; 

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

7 teachers to assume new school leadership roles and 

8 responsibilities, including— 

9 ‘‘(i) serving as mentors, instructional 

10 coaches, or master teachers; or 

11 ‘‘(ii) assuming increased responsibility for 

12 professional development activities, curriculum 

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

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

16 such school leadership roles and responsibilities; and 

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

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

21 this subsection. 

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

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

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


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

4 ‘‘(1) Instructional planning time. 

5 ‘‘(2) School leadership. 

6 ‘‘(3) Decisionmaking processes. 

7 ‘‘(4) Teacher professional development. 

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

9 school library. 

10 ‘‘(6) Beginning teacher induction. 

11 ‘‘(7) School safety and environment. 

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

13 described in subsection (a) shall— 

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

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

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

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

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

21 under title II of the Higher Education Act of 1965 

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

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

25 to be provided under this section may be provided— 


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

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

4 ‘‘(A) the State educational agency; 

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

6 ‘‘(C) a nonprofit organization; 

7 ‘‘(D) a teacher organization; 

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

10 ‘‘(F) an educational service agency; 

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

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

15 ‘‘SEC. 2503. PROGRAM EVALUATION. 

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

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

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

19 program on— 

20 ‘‘(1) student learning; 

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

22 differentiating the retainment data by profession 

23 and by the level of performance of the teachers and 

24 principals, based on the evaluation system described 

25 in section 2502(a)(3); 


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

2 practice, which shall include, for teachers and prin3 cipals, practice measured by the teacher and prin4 cipal evaluation system described in section 

5 2502(a)(3); 

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

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

8 ‘‘(6) parent, family, and community involve9 ment and satisfaction; 

10 ‘‘(7) student attendance rates; 

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

12 ‘‘(9) student behavior. 

13 ‘‘(b) LOCAL EDUCATIONAL AGENCY AND SCHOOL

14 EFFECTIVENESS.—The formal evaluation system de15 scribed in subsection (a) shall also measure the effective16 ness of the local educational agency and school in— 

17 ‘‘(1) implementing the comprehensive induction 

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

19 ‘‘(2) implementing high-quality professional de20 velopment described in section 2502(a)(2); 

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

22 transparent, and equitable teacher and principal 

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


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

2 professional development for school principals and 

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

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

5 schools are using data to inform instructional prac6 tices; and 

7 ‘‘(6) ensuring that the comprehensive induction 

8 and high-quality mentoring required under section 

9 2502(a)(1) and the high impact professional devel10 opment required under section 2502(a)(2) are inte11 grated and aligned with the State’s school improve12 ment efforts under sections 1116 and 1117. 

13 ‘‘(c) CONDUCT OF EVALUATION.—The evaluation de14 scribed in subsection (a) shall be— 

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

16 higher education, or an external agency that is expe17 rienced in conducting such evaluations; and 

18 ‘‘(2) developed in collaboration with groups 

19 such as— 

20 ‘‘(A) experienced educators with track 

21 records of success in the classroom; 

22 ‘‘(B) institutions of higher education in23 volved with teacher induction and professional 

24 development located within the State; and 


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

2 leader organizations. 

3 ‘‘(d) DISSEMINATION.— 

4 ‘‘(1) IN GENERAL.—The results of the evalua5 tion described in subsection (a) shall be submitted to 

6 the Secretary. 

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

8 make the results of each evaluation described in sub9 section (a) available to States, local educational 

10 agencies, and the public. 

11 ‘‘SEC. 2504. AUTHORIZATION OF APPROPRIATIONS. 

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

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

14 sums as may be necessary for each succeeding fiscal 

15 year.’’. 

Æ 


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