er education for failure to provide the information 
described in this subsection in a timely or accurate 
manner. 
‘‘(e) DATA QUALITY.—Either— 
‘‘(1) the Governor of the State; or 
‘‘(2) in the case of a State for which the con-
stitution or law of such State designates another in-
dividual, entity, or agency in the State to be respon-
sible for teacher certification and preparation activ-
ity, such individual, entity, or agency; 
shall attest annually, in writing, as to the reliability, valid-
ity, integrity, and accuracy of the data submitted pursuant 
to this section. 
‘‘SEC. 208. STATE FUNCTIONS. 
‘‘(a) STATE ASSESSMENT.—In order to receive funds 
under this Act, a State shall have in place a procedure 
to identify and assist, through the provision of technical 
assistance, low-performing programs of teacher prepara-
tion within institutions of higher education. Such State 
shall provide the Secretary an annual list of such low-per-
forming institutions that includes an identification of 
those institutions at risk of being placed on such list. Such 
levels of performance shall be determined solely by the 
State and may include criteria based upon information col-
lected pursuant to this part. Such assessment shall be de-
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scribed in the report under section 207(a). A State receiv-
ing Federal funds under this title shall develop plans to 
close or reconstitute underperforming programs of teacher 
preparation within institutions of higher education. 
‘‘(b) TERMINATION OF ELIGIBILITY.—Any institu-
tion of higher education that offers a program of teacher 
preparation in which the State has withdrawn the State’s 
approval or terminated the State’s financial support due 
to the low performance of the institution’s teacher prepa-
ration program based upon the State assessment described 
in subsection (a)— 
‘‘(1) shall be ineligible for any funding for pro-
fessional development activities awarded by the De-
partment of Education; and 
‘‘(2) shall not be permitted to accept or enroll 
any student who receives aid under title IV of this 
Act in the institution’s teacher preparation program. 
‘‘SEC. 209. GENERAL PROVISIONS. 
‘‘In complying with sections 207 and 208, the Sec-
retary shall ensure that States and institutions of higher 
education use fair and equitable methods in reporting and 
that the reporting methods do not allow identification of 
individuals.’’. 
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SEC. 303. ENFORCING NCLB’S TEACHER EQUITY PROVI-
SION. 
Subpart 2 of part E of title IX of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 7901) 
is amended by adding at the end the following: 
‘‘SEC. 9537. ASSURANCE OF REASONABLE PROGRESS TO-
WARD 
EQUITABLE 
ACCESS 
TO 
TEACHER 
QUALITY. 
‘‘(a) IN GENERAL.—The Secretary may not provide 
any assistance to a State under this Act unless, in the 
State’s application for such assistance, the State— 
‘‘(1) provides the plan required by section 
1111(b)(8)(C) and at least one public report pursu-
ant to that section; 
‘‘(2) clearly articulates the measures the State 
is using to determine whether poor and minority stu-
dents are being taught disproportionately by inexpe-
rienced, unqualified, or out-of-field teachers; 
‘‘(3) includes an evaluation of the success of the 
State’s plan required by section 1111(b)(8)(C) in 
addressing any such disparities; 
‘‘(4) with respect to any such disparities, pro-
poses modifications to such plan; and 
‘‘(5) includes a description of the State’s activi-
ties to monitor the compliance of local educational 
agencies in the State with section 1112(c)(1)(L). 
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‘‘(b) EFFECTIVE DATE.—This section applies with 
respect to any assistance under this Act for which an ap-
plication is submitted after the date of the enactment of 
this section.’’. 
TITLE 
IV—EQUIPPING 
TEACH-
ERS, SCHOOLS, LOCAL EDU-
CATIONAL 
AGENCIES, 
AND 
STATES WITH THE 21ST CEN-
TURY DATA, TOOLS, AND AS-
SESSMENTS THEY NEED 
SEC. 401. 21ST CENTURY DATA, TOOLS, AND ASSESSMENTS. 
Part E of title II of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6601 et seq.), as added 
by titles II and III of this Act, is amended by adding at 
the end the following: 
‘‘Subpart 3—21st Century Data, Tools, and 
Assessments 
‘‘SEC. 2521. DEVELOPING VALUE-ADDED DATA SYSTEMS. 
‘‘(a) TEACHER AND PRINCIPAL EVALUATION.— 
‘‘(1) GRANTS.—The Secretary shall make 
grants to States to develop and implement statewide 
data systems to collect and analyze data on the ef-
fectiveness of elementary school and secondary 
school teachers and principals, based on value-added 
student achievement gains, for the purposes of— 
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‘‘(A) determining the distribution of effec-
tive teachers and principals in schools across 
the State; 
‘‘(B) developing measures for helping 
teachers and principals to improve their in-
struction; and 
‘‘(C) evaluating effectiveness of teacher 
and principal preparation programs. 
‘‘(2) DATA REQUIREMENTS.—At a minimum, a 
statewide data system under this section shall— 
‘‘(A) track student course-taking patterns 
and teacher characteristics, such as certification 
status and performance on licensure exams; and 
‘‘(B) allow for the analysis of gains in 
achievement made by individual students over 
time, including gains demonstrated through stu-
dent academic assessments under section 1111 
and tests required by the State for course com-
pletion. 
‘‘(3) STANDARDS.—The Secretary shall develop 
standards for the collection of data with grant funds 
under this section to ensure that such data are sta-
tistically valid and reliable. 
‘‘(4) APPLICATION.—To seek a grant under this 
section, a State shall submit an application at such 
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