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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Teacher and Principal 
Improvement Act’’. 
SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress finds the following: 
(1) Teacher quality is the single most important 
in-school factor influencing student learning and 
achievement. 
(2) A report by William L. Sanders and June 
C. Rivers showed that if 2 average 8-year-old stu-
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dents were given different teachers, 1 of them a high 
performer, the other a low performer, the students’ 
performance diverged by more than 50 percentile 
points within 3 years. 
(3) A similar study by Heather Jordan, Robert 
Mendro, and Dash Weerasinghe showed that the 
performance gap between students assigned 3 effec-
tive teachers in a row, and those assigned 3 ineffec-
tive teachers in a row, was 49 percentile points. 
(4) In Boston, research has shown that stu-
dents placed with high-performing mathematics 
teachers made substantial gains, while students 
placed with the least effective teachers regressed and 
their mathematics scores decreased. 
(5) McKinsey & Company found that studies 
that take into account all of the available evidence 
on teacher effectiveness suggest that students placed 
with high-performing teachers will progress 3 times 
as fast as those placed with low-performing teachers. 
(6) A 2003 study by Richard Ingersoll found 
that new teachers, not just those in hard-to-staff 
schools, face such challenging working conditions 
that nearly one-half leave the profession within their 
first 5 years, one-third leave within their first 3 
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years, and 14 percent leave by the end of their first 
year. 
(7) A report by the National Commission on 
Teaching and America’s Future estimated that the 
nationwide cost of replacing public school teachers 
who have dropped out of the profession is 
$7,300,000,000 annually. 
(8) Research by Thomas Smith, Richard Inger-
soll, and Anthony Villar has shown that comprehen-
sive mentoring and induction reduces teacher attri-
tion by as much as one-half and strengthens new 
teacher effectiveness. 
(9) A recent School Redesign Network at Stan-
ford University and National Staff Development 
Council report by Linda Darling-Hammond, Ruth 
Chung Wei, Alethea Andree, Nikole Richardson, and 
Stelios Orphanos found that— 
(A) a set of programs that offered substan-
tial contact hours of professional development 
(ranging from 30 to 100 hours in total) spread 
over 6 to 12 months showed a positive and sig-
nificant effect on student achievement gains; 
and 
(B) intensive professional development, es-
pecially when it includes applications of knowl-
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edge to teachers’ planning and instruction, has 
a greater chance of influencing teacher prac-
tices, and in turn, leading to gains in student 
learning. Such intensive professional develop-
ment has shown a positive and significant effect 
on student achievement gains, in some cases by 
approximately 21 percentile points. 
(10) Recent reports from the Center for Amer-
ican Progress, Education Sector, Hope Street 
Group, and the New Teacher Project have collec-
tively demonstrated the significant flaws in current 
teacher evaluation and implementation, and the ne-
cessity for redesigning these systems and linking 
such evaluation to individualized feedback and sub-
stantive targeted support in order to ensure effective 
teaching. 
(11) Research by Kenneth Liethwood, Karen 
Seashore Louis, Stephen Anderson, and Kyla 
Wahlstrom found that— 
(A) leadership is second only to classroom 
instruction among school-related factors that 
influence student outcomes; and 
(B) direct and indirect leadership effects 
account for about one-quarter of total school ef-
fects on student learning. 
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(12) Research by Charles Clotfelter, Helen 
Ladd, Kenneth Leithwood, and Anthony Milanowski 
has shown that the quality of working conditions, 
particularly supportive school leadership, impacts 
student academic achievement and teacher recruit-
ment, retention, and effectiveness. 
(b) PURPOSES.—The purposes of this Act are to 
build capacity for developing effective teachers and prin-
cipals in our Nation’s schools through— 
(1) the redesign of teacher and principal eval-
uation and assessment systems; 
(2) comprehensive, high-quality, rigorous multi- 
year induction and mentoring programs for begin-
ning teachers, principals, and other school leaders; 
(3) systematic, sustained, and coherent profes-
sional development for all teachers that is team- 
based and job-embedded; 
(4) systematic, sustained, and coherent profes-
sional development for school principals, other school 
leaders, school librarians, paraprofessionals, and 
other staff; and 
(5) increased teacher leadership opportunities, 
including compensation for teacher leaders who take 
on new roles in providing school-based professional 
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development, mentoring, rigorous evaluation, and in-
structional coaching. 
SEC. 3. DEFINITIONS. 
Section 9101 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7801) is amended— 
(1) by striking paragraph (34) and inserting 
the following: 
‘‘(34) 
PROFESSIONAL
DEVELOPMENT.—The 
term ‘professional development’ means comprehen-
sive, sustained, and intensive support, provided for 
teachers, principals, school librarians, other school 
leaders, and other instructional staff, that— 
‘‘(A) fosters collective responsibility for im-
proved student learning; 
‘‘(B) is designed and implemented in a 
manner that increases teacher, principal, school 
librarian, other school leader, paraprofessional, 
and other instructional staff effectiveness in im-
proving student learning and strengthening 
classroom practice; 
‘‘(C) analyzes and uses real-time data and 
information collected from— 
‘‘(i) evidence of student learning; 
‘‘(ii) evidence of classroom practice; 
and 
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‘‘(iii) the State’s longitudinal data 
system; 
‘‘(D) is aligned with— 
‘‘(i) rigorous State student academic 
achievement standards developed under 
section 1111(b)(1); 
‘‘(ii) related academic and school im-
provement goals of the school, local edu-
cational agency, and statewide curriculum; 
‘‘(iii) statewide and local curricula; 
and 
‘‘(iv) rigorous standards of profes-
sional practice and development; 
‘‘(E) primarily occurs multiple times per 
week during the regular school day among es-
tablished collaborative teams of teachers, prin-
cipals, school librarians, other school leaders, 
and other instructional staff, by grade level and 
content area (to the extent applicable and prac-
ticable), which teams engage in a continuous 
cycle of professional learning and improvement 
that— 
‘‘(i) identifies, reviews, and analyzes— 
‘‘(I) evidence of student learning; 
and 
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‘‘(II) evidence of classroom prac-
tice; 
‘‘(ii) defines a clear set of educator 
learning goals to improve student learning 
and strengthen classroom practice based 
on the rigorous analysis of evidence of stu-
dent learning and evidence of classroom 
practice; 
‘‘(iii) develops and implements coher-
ent, sustained, and evidenced-based profes-
sional development strategies to meet such 
goals 
(including 
through 
instructional 
coaching, lesson study, and study groups 
organized at the school, team, or individual 
levels); 
‘‘(iv) provides learning opportunities 
for teachers to collectively develop and re-
fine student learning goals and the teach-
ers’ instructional practices and the use of 
formative assessment; 
‘‘(v) provides an effective mechanism 
to support the transfer of new knowledge 
and skills to the classroom (including uti-
lizing teacher leaders, instructional coach-
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es, and content experts to support such 
transfer); and 
‘‘(vi) provides opportunities for follow- 
up, observation, and formative feedback 
and assessment of the teacher’s classroom 
practice, on a regular basis and in a man-
ner that allows each such teacher to iden-
tify areas of classroom practice that need 
to be strengthened, refined, and improved; 
‘‘(F) regularly assesses the effectiveness of 
the professional development, and uses such as-
sessments to inform ongoing improvements, 
in— 
‘‘(i) improving student learning; and 
‘‘(ii) strengthening classroom practice; 
and 
‘‘(G) supports the recruiting, hiring, and 
training of highly qualified teachers, including 
teachers who become highly qualified through 
State and local alternative routes to certifi-
cation or licensure.’’; 
(2) by adding at the end the following: 
‘‘(44) EVIDENCE OF CLASSROOM PRACTICE.— 
The term ‘evidence of classroom practice’ means evi-
dence of classroom practice gathered through mul-
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tiple formats and sources, including some or all of 
the following: 
‘‘(A) Demonstration of effective teaching 
skills. 
‘‘(B) Classroom observations based on rig-
orous teacher performance standards or rubrics. 
‘‘(C) Student work. 
‘‘(D) Teacher portfolios. 
‘‘(E) Videos of teacher practice. 
‘‘(F) Lesson plans. 
‘‘(G) Information on the extent to which 
the teacher collaborates and shares best prac-
tices with other teachers and instructional staff. 
‘‘(H) Information on the teacher’s success-
ful use of research and data. 
‘‘(I) Parent, student, and peer feedback. 
‘‘(45) EVIDENCE OF STUDENT LEARNING.—The 
term ‘evidence of student learning’ means— 
‘‘(A) data, which shall include value-added 
data based on student learning gains and teach-
er impact where available, on State student aca-
demic assessments under section 1111(c); and 
‘‘(B) other evidence of student learning, in-
cluding some or all of the following: 
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‘‘(i) Data, which shall include value- 
added data based on student learning 
gains and teacher impact where available, 
on other student academic achievement as-
sessments. 
‘‘(ii) Student work, including meas-
ures of performance criteria and evidence 
of student growth. 
‘‘(iii) Teacher-generated information 
about student goals and growth. 
‘‘(iv) Formative and summative as-
sessments. 
‘‘(v) Objective performance-based as-
sessments. 
‘‘(vi) Assessments of affective engage-
ment and self-efficacy. 
‘‘(46) LOWEST ACHIEVING SCHOOL.—The term 
‘lowest achieving school’ means a school served by a 
local educational agency that— 
‘‘(A) is failing to make adequate yearly 
progress as described in section 1111(b)(2), for 
the greatest number of subgroups described in 
section 1111(b)(2)(C)(v) and by the greatest 
margins, as compared to the other schools 
served by the local educational agency; and 
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‘‘(B) in the case of a secondary school, has 
a graduation rate of less than 65 percent. 
‘‘(47) SCHOOL
LEADER.—The term ‘school 
leader’ means an individual who— 
‘‘(A) is an employee or officer of a school; 
and 
‘‘(B) is responsible for— 
‘‘(i) the school’s performance; and 
‘‘(ii) the daily instructional and mana-
gerial operations of the school. 
‘‘(48) TEACHING SKILLS.—The term ‘teaching 
skills’ means skills that are consistent with section 
200 of the Higher Education Act of 1965 and that 
enable a teacher to— 
‘‘(A) increase student learning, achieve-
ment, and the ability to apply knowledge; 
‘‘(B) effectively convey and explain aca-
demic subject matter; 
‘‘(C) effectively teach higher-order analyt-
ical, evaluation, problem-solving, and commu-
nication skills; 
‘‘(D) develop and effectively apply new 
knowledge, skills, and practices; 
‘‘(E) employ strategies grounded in the 
disciplines of teaching and learning that— 
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‘‘(i) are based on empirically based 
practice and scientifically valid research, 
where applicable, related to teaching and 
learning; 
‘‘(ii) are specific to academic subject 
matter; 
‘‘(iii) focus on the identification of 
students’ specific learning needs, (includ-
ing children with disabilities, students who 
are limited English proficient, students 
who are gifted and talented, and students 
with low literacy levels), and the tailoring 
of academic instruction to such needs; and 
‘‘(iv) enable effective inclusion of chil-
dren with disabilities and English language 
learners, including the utilization of— 
‘‘(I) response to intervention; 
‘‘(II) positive behavioral sup-
ports; 
‘‘(III) differentiated instruction; 
‘‘(IV) universal design of learn-
ing; 
‘‘(V) 
appropriate 
accommoda-
tions for instruction and assessments; 
‘‘(VI) collaboration skills; and 
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‘‘(VII) skill in effectively partici-
pating in individualized education pro-
gram meetings required under section 
614 of the Individuals with Disabil-
ities Education Act (20 U.S.C. 1414); 
‘‘(F) conduct an ongoing assessment of 
student learning, which may include the use of 
formative assessments, performance-based as-
sessments, project-based assessments, or port-
folio assessments, that measures higher-order 
thinking skills (including application, analysis, 
synthesis, and evaluation); 
‘‘(G) effectively manage a classroom, in-
cluding the ability to implement positive behav-
ioral support strategies; 
‘‘(H) communicate and work with parents, 
and involve parents in their children’s edu-
cation; and 
‘‘(I) use age-appropriate and develop-
mentally appropriate strategies and practices.’’; 
and 
(3) by redesignating paragraphs (1) through 
(39), the undesignated paragraph following para-
graph (39), and paragraphs (41) through (48) (as 
amended by this section) as paragraphs (1) through 
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(18), (21) through (28), (30) through (40), (42) 
through (46), (48), (19), (20), (29), (41), and (47), 
respectively. 
SEC. 4. SCHOOL IMPROVEMENT. 
Section 1003(g)(5) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6303(g)(5)) is amend-
ed— 
(1) in subparagraph (B), by striking ‘‘and’’ 
after the semicolon; 
(2) in subparagraph (C), by striking the period 
and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(D) permitted to be used to supplement 
the activities required under section 2502.’’. 
SEC. 5. TEACHER AND PRINCIPAL PROFESSIONAL DEVEL-
OPMENT AND SUPPORT. 
Title II of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 6601 et seq.) is amended by add-
ing at the end the following: 
‘‘PART E—BUILDING SCHOOL CAPACITY FOR 
EFFECTIVE TEACHING AND LEADERSHIP 
‘‘SEC. 2501. LOCAL SCHOOL IMPROVEMENT ACTIVITIES. 
‘‘(a) SUBGRANTS TO LOCAL EDUCATIONAL AGEN-
CIES.— 
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‘‘(1) GRANTS.—From amounts made available 
under section 2505, the Secretary shall award 
grants, through allotments under paragraph (3)(A), 
to States to enable the States to award subgrants to 
local educational agencies under this part. 
‘‘(2) RESERVATIONS.—A State that receives a 
grant under this part for a fiscal year shall— 
‘‘(A) reserve 95 percent of the funds made 
available through the grant to make subgrants, 
through allocations under paragraph (3)(B), to 
local educational agencies; and 
‘‘(B) use the remainder of the funds for— 
‘‘(i) administrative activities and tech-
nical assistance in helping local educational 
agencies carry out this part; 
‘‘(ii) statewide capacity building strat-
egies to support local educational agencies 
in the implementation of the required ac-
tivities under section 2502; and 
‘‘(iii) conducting the evaluation re-
quired under section 2503. 
‘‘(3) FORMULAS.— 
‘‘(A) ALLOTMENTS.—The allotment pro-
vided to a State under this section for a fiscal 
year shall bear the same relation to the total 
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Richard B. Russell National School Lunch Act 
(42 U.S.C. 1751 et seq.). 
‘‘(b) LOCAL EDUCATIONAL AGENCY APPLICATION.— 
‘‘(1) IN GENERAL.—To be eligible to receive a 
subgrant under this part, a local educational agency 
shall submit to the State educational agency an ap-
plication described in paragraph (2), and a summary 
of the data analysis conducted under paragraph (3), 
at such time, in such manner, and containing such 
information as the State educational agency may 
reasonably require. 
‘‘(2) CONTENTS OF APPLICATION.—Each appli-
cation submitted pursuant to paragraph (1) shall in-
clude— 
‘‘(A) a description of how the local edu-
cational agency will assist the lowest achieving 
schools served by the local educational agency 
in carrying out the requirements of section 
2502, including— 
‘‘(i) developing and implementing the 
teacher and principal evaluation system 
pursuant to section 2502(a)(3); 
‘‘(ii) implementing teacher induction 
programs pursuant to section 2502(a)(1); 
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‘‘(iii) providing effective professional 
development in accordance with section 
2502(a)(2); 
‘‘(iv) implementing mentoring, coach-
ing, and sustained professional develop-
ment for school principals and other school 
leaders pursuant to section 2502(a)(4); 
and 
‘‘(v) providing significant and sustain-
able teacher stipends, pursuant to section 
2502(a)(6); 
‘‘(B) a description of how the local edu-
cational agency will— 
‘‘(i) conduct and utilize valid and reli-
able surveys pursuant to section 2502(b); 
and 
‘‘(ii) ensure that such programs are 
integrated and aligned pursuant to section 
2502(c); 
‘‘(C)(i) a description of how the local edu-
cational agency will use subgrant funds to tar-
get and support the lowest achieving schools de-
scribed in section 2501(a)(4) before using funds 
for other lowest achieving schools; and 
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‘‘(ii) a list that identifies all of the lowest 
achieving schools that will be assisted under the 
subgrant; 
‘‘(D) a description of how the local edu-
cational agency will enable effective inclusion of 
children with disabilities and English language 
learners, including through utilization by the 
teachers, principals, and other school leaders of 
the local educational agency of— 
‘‘(i) response to intervention; 
‘‘(ii) positive behavioral supports; 
‘‘(iii) differentiated instruction; 
‘‘(iv) universal design of learning; 
‘‘(v) appropriate accommodations for 
instruction and assessments; 
‘‘(vi) collaboration skills; and 
‘‘(vii) skill in effectively participating 
in individualized education program meet-
ings required under section 614 of the In-
dividuals with Disabilities Education Act 
(20 U.S.C. 1414); 
‘‘(E) a description of how the local edu-
cational agency will assist the lowest achieving 
schools in utilizing real-time student learning 
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data, based on evidence of student learning and 
evidence of classroom practice, to— 
‘‘(i) drive instruction; and 
‘‘(ii) inform professional development 
for teachers, mentors, principals, and other 
school leaders; and 
‘‘(F) a description of how the programs 
and assistance provided under section 2502 will 
be managed and designed, including a descrip-
tion of the division of labor and different roles 
and responsibilities of local educational agency 
central office staff members, school leaders, 
teacher leaders, coaches, mentors, and eval-
uators. 
‘‘(3) DATA
ANALYSIS.—A local educational 
agency desiring a subgrant under this part shall, 
prior to applying for the subgrant, conduct a data 
analysis of each school served by the local edu-
cational agency, based on data and information col-
lected from evidence of student learning, evidence of 
classroom practice, and the State’s longitudinal data 
system, in order to— 
‘‘(A) determine which schools have the 
most critical teacher, principal, and other school 
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leader quality, effectiveness, and professional 
development needs; and 
‘‘(B) allow the local educational agency to 
identify the specific needs regarding the quality, 
effectiveness, 
and 
professional 
development 
needs of the school’s teachers, principals, and 
other school leaders, including with respect to 
instruction provided for individual student sub-
groups (including children with disabilities and 
English language learners) and specific grade 
levels and content areas. 
‘‘(4) JOINT DEVELOPMENT AND SUBMISSION.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), a local educational agency 
shall— 
‘‘(i) jointly develop the application 
and data analysis framework under this 
subsection with local organizations rep-
resenting the teachers, principals, and 
other school leaders in the local edu-
cational agency; and 
‘‘(ii) submit the application and data 
analysis in partnership with such local 
teacher, principal, and school leader orga-
nizations. 
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‘‘(B) EXCEPTION.—A State may, after 
consultation with the Secretary, consider an ap-
plication from a local educational agency that is 
not jointly developed and submitted in accord-
ance with subparagraph (A) if the application 
includes documentation of the local educational 
agency’s extensive attempt to work jointly with 
local teacher, principal, and school leader orga-
nizations. 
‘‘SEC. 2502. USE OF FUNDS. 
‘‘(a) INDUCTION, PROFESSIONAL
DEVELOPMENT, 
AND EVALUATION SYSTEM.—A local educational agency 
that receives a subgrant under this part shall use the 
subgrant funds to improve teacher and principal quality 
through a system of teacher and principal induction, pro-
fessional development, and evaluation. Such system shall 
be developed, implemented, and evaluated in collaboration 
with local teacher, principal, and school leader organiza-
tions and local teacher, principal, and school leader prepa-
ration programs and shall provide assistance to each 
school that the local educational agency has identified 
under section 2501(b)(2)(C)(ii), to— 
‘‘(1) implement a comprehensive, coherent, 
high-quality formalized induction program for begin-
ning teachers during not less than the teachers’ first 
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