IIB
106TH CONGRESS
1ST SESSION
H. R. 1995
IN THE SENATE OF THE UNITED STATES
JULY 22, 1999
Received; read twice and referred to the Committee on Health, Education,
Labor, and Pensions
AN ACT
To amend the Elementary and Secondary Education Act
of 1965 to empower teachers, improve student achieve-
ment through high-quality professional development for
teachers, reauthorize the Reading Excellence Act, and
for other purposes.
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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 Empowerment
Act’’.
SEC. 2. TEACHER EMPOWERMENT.
(a) IN GENERAL.—Title II of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6601 et
seq.) is amended—
(1) by striking the heading for title II and in-
serting the following:
‘‘TITLE II—TEACHER QUALITY’’;
(2) by repealing sections 2001 through 2003;
and
(3) by amending part A to read as follows:
‘‘PART A—TEACHER EMPOWERMENT
‘‘SEC. 2001. PURPOSE.
‘‘The purpose of this part is to provide grants to
States and local educational agencies in order to assist
their efforts to increase student academic achievement
through such strategies as improving teacher quality.
‘‘Subpart 1—Grants to States
‘‘SEC. 2011. FORMULA GRANTS TO STATES.
‘‘(a) IN GENERAL.—In the case of each State that
in accordance with section 2013 submits to the Secretary
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an application for a fiscal year, the Secretary shall make
a grant for the year to the State for the uses specified
in section 2012. The grant shall consist of the allotment
determined for the State under subsection (b).
‘‘(b) DETERMINATION
OF
AMOUNT
OF
ALLOT-
MENT.—
‘‘(1) RESERVATION
OF
FUNDS.—From the
amount made available to carry out this subpart for
any fiscal year, the Secretary shall reserve—
‘‘(A) 1⁄2 of 1 percent for allotments for the
Virgin Islands, Guam, American Samoa, and
the Commonwealth of the Northern Mariana Is-
lands, to be distributed among these outlying
areas on the basis of their relative need, as de-
termined by the Secretary in accordance with
the purpose of this part; and
‘‘(B) 1⁄2 of 1 percent for the Secretary of
the Interior for programs under this part for
professional development activities for teachers,
other staff, and administrators in schools oper-
ated or funded by the Bureau of Indian Affairs.
‘‘(2) STATE ALLOTMENTS.—
‘‘(A) HOLD HARMLESS.—
‘‘(i) IN
GENERAL.—Subject to sub-
paragraph (B), from the total amount
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made available to carry out this subpart
for any fiscal year and not reserved under
paragraph (1), the Secretary shall allot to
each of the 50 States, the District of Co-
lumbia, and the Commonwealth of Puerto
Rico an amount equal to the total amount
that such State received for fiscal year
1999 under—
‘‘(I) section 2202(b) of this Act
(as in effect on the day before the
date of the enactment of the Teacher
Empowerment Act);
‘‘(II) section 307 of the Depart-
ment of Education Appropriations
Act, 1999; and
‘‘(III) section 304(b) of the Goals
2000: Educate America Act.
‘‘(ii) NONPARTICIPATING STATES.—In
the case of a State that did not receive any
funds for fiscal year 1999 under one or
more of the provisions referred to in sub-
clauses (I) through (III) of clause (i), the
amount allotted to the State under such
clause shall be the total amount that the
State would have received for fiscal year
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1999 if it had elected to participate in all
of the programs for which it was eligible
under each of the provisions referred to in
such subclauses.
‘‘(iii) RATABLE
REDUCTION.—If the
total amount made available to carry out
this subpart for any fiscal year and not re-
served under paragraph (1) is insufficient
to pay the full amounts that all States are
eligible to receive under clause (i) for any
fiscal year, the Secretary shall ratably re-
duce such amounts for such fiscal year.
‘‘(B) 
ALLOTMENT
OF
ADDITIONAL
FUNDS.—
‘‘(i) IN GENERAL.—Subject to clause
(ii), for any fiscal year for which the total
amount made available to carry out this
subpart and not reserved under paragraph
(1) exceeds the total amount made avail-
able to the 50 States, the District of Co-
lumbia, and the Commonwealth of Puerto
Rico for fiscal year 1999 under the au-
thorities described in subparagraph (A)(i),
the Secretary shall allot such excess
amount as follows:
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‘‘(I) 50 percent of such excess
amount shall be allotted among such
States on the basis of their relative
populations of individuals aged 5
through 17, as determined by the Sec-
retary on the basis of the most recent
satisfactory data.
‘‘(II) 50 percent of such excess
amount shall be allotted among such
States in proportion to the number of
children, aged 5 to 17, who reside
within the State from families with in-
comes below the poverty line (as de-
fined by the Office of Management
and Budget and revised annually in
accordance with section 673(2) of the
Community Services Block Grant Act
(42 U.S.C. 9902(2)) applicable to a
family of the size involved for the
most recent fiscal year for which sat-
isfactory data are available, compared
to the number of such individuals who
reside in all such States for that fiscal
year.
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‘‘(2) AUTHORIZED
EXPENDITURES.—A State
that receives a grant under this subpart may expend
not more than 5 percent of the amount of the funds
provided under the grant for one or more of the au-
thorized State activities described in subsection (d)
(of which percent, the State may use up to 5 percent
for planning and administration related to carrying
out such activities and making subgrants to local
educational agencies under subpart 3).
‘‘(c) DISTRIBUTION OF SUBGRANTS.—
‘‘(1) FORMULA FOR 80 PERCENT OF FUNDS.—
‘‘(A) IN GENERAL.—A State receiving a
grant under this subpart shall distribute 80
percent of the amount described in subsection
(b)(1) through a formula under which—
‘‘(i) 50 percent is allocated to local
educational agencies in accordance with
the relative enrollment in public and pri-
vate nonprofit elementary and secondary
schools within the boundaries of such
agencies; and
‘‘(ii) 50 percent is allocated to local
educational agencies in proportion to the
number of children, aged 5 to 17, who re-
side within the geographic area served by
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such agency from families with incomes
below the poverty line (as defined by the
Office of Management and Budget and re-
vised annually in accordance with section
673(2) of the Community Services Block
Grant Act (42 U.S.C. 9902(2))) applicable
to a family of the size involved for the
most recent fiscal year for which satisfac-
tory data are available, compared to the
number of such individuals who reside in
the geographic areas served by all the local
educational agencies in the State for that
fiscal year.
‘‘(B) MINIMUM AMOUNT.—
‘‘(i) IN
GENERAL.—For any fiscal
year for which a local educational agency
would receive under subparagraph (A) an
amount that is less than the total amount
that the agency received for fiscal year
1999 under—
‘‘(I) section 2203(1)(B) of this
Act (as in effect on the day before the
date of the enactment of the Teacher
Empowerment Act); and
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‘‘(II) section 307 of the Depart-
ment of Education Appropriations
Act, 1999,
a State receiving a grant under this sub-
part shall ensure that the local educational
agency receives under this paragraph an
amount equal to such total amount.
‘‘(ii) SOURCE
OF
FUNDS.—Notwith-
standing paragraph (2), a State shall use
such portion of the funds described in
paragraph (2)(A) as may be necessary to
pay to a local educational agency the dif-
ference between the agency’s allotment
under subparagraph (A) and the allotment
to the agency required under clause (i).
‘‘(2) 
DISTRIBUTION
OF
PERCENT
OF
FUNDS.—
‘‘(A) COMPETITIVE PROCESS.—Subject to
subparagraph (C), a State receiving a grant
under this subpart shall distribute 20 percent
of the amount described in subsection (b)(1) (or
such portion of such amount as remains after
satisfaction of the requirements in subpara-
graphs (A) and (B)(ii) of paragraph (1))
through a competitive process that results in an
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equitable distribution by geographic area within
the State.
‘‘(B) 
PARTICIPANTS.—The 
competitive
process under subparagraph (A) shall be open
to local educational agencies and eligible part-
nerships (as defined in section 2021(d)), except
that a State shall give priority to local edu-
cational agencies that focus on math, science,
or reading professional development programs.
‘‘(C) SUBGRANTS TO ELIGIBLE PARTNER-
SHIPS.—A State receiving a grant under this
subpart shall expend at least 3 percent of the
amount described in subparagraph (A) for the
purpose of making subgrants to eligible part-
nerships under subpart 2.
‘‘(d) AUTHORIZED STATE ACTIVITIES.—The author-
ized State activities referred to in subsection (b)(2) are
the following:
‘‘(1) Reforming teacher certification, recertifi-
cation, or licensure requirements to ensure that—
‘‘(A) teachers have the necessary teaching
skills and academic content knowledge in the
subject areas in which they are assigned to
teach;
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‘‘(B) they are aligned with the State’s
challenging State content standards; and
‘‘(C) teachers have the knowledge and
skills necessary to help students meet chal-
lenging State student performance standards.
‘‘(2) Carrying out programs that—
‘‘(A) include support during the initial
teaching experience, such as mentoring pro-
grams that—
‘‘(i) provide mentoring to beginning
teachers from veteran teachers with exper-
tise in the same subject matter that the
beginning teachers will be teaching;
‘‘(ii) provide mentors time for activi-
ties such as coaching, observing, and as-
sisting the teachers who are mentored; and
‘‘(iii) use standards or assessments
for guiding beginning teachers that are
consistent with the State’s student per-
formance standards and with the require-
ments for professional development activi-
ties under section 2033.
‘‘(B) establish, expand, or improve alter-
native routes to State certification of teachers,
especially in the areas of mathematics and
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science, for highly qualified individuals with a
baccalaureate degree, including mid-career pro-
fessionals from other occupations, paraprofes-
sionals, former military personnel, and recent
college or university graduates with records of
academic distinction who demonstrate the po-
tential to become highly effective teachers.
‘‘(3) Developing and implementing effective
mechanisms to assist local educational agencies and
schools in effectively recruiting and retaining highly
qualified and effective teachers and principals.
‘‘(4) Reforming tenure systems and imple-
menting teacher testing and other procedures to ex-
peditiously remove incompetent and ineffective
teachers from the classroom.
‘‘(5) Developing enhanced performance systems
to measure the effectiveness of specific professional
development programs and strategies.
‘‘(6) Providing technical assistance to local edu-
cational agencies consistent with this part.
‘‘(7) Funding projects to promote reciprocity of
teacher certification or licensure between or among
States, except that no reciprocity agreement devel-
oped under this paragraph or developed using funds
provided under this part may lead to the weakening
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of any State teaching certification or licensing re-
quirement.
‘‘(8) Developing or assisting local educational
agencies or eligible partnerships (as defined in sec-
tion 2021(d)) in the development and utilization of
proven, innovative strategies to deliver intensive pro-
fessional development programs that are both cost-
effective and easily accessible, such as through the
use of technology and distance learning.
‘‘(9) Providing assistance to local educational
agencies and eligible partnerships (as defined in sec-
tion 2021(d)) for the development and implementa-
tion of innovative professional development programs
that train teachers to use technology to improve
teaching and learning and are consistent with the re-
quirements of section 2033.
‘‘(e) COMPONENTS
OF ALTERNATIVE ROUTES
TO
STATE CERTIFICATION PROGRAMS.—To the extent appro-
priate, programs under subsection (d)(2)(B) shall—
‘‘(1) include strong academic and teaching-re-
lated course work that provides teachers with the
subject matter and teaching knowledge needed to
help students reach the States content standards;
‘‘(2) provide intensive field experience in the
form of an internship, or student teaching, under
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the direct daily supervision of an expert, veteran
teacher; and
‘‘(3) provide that, before entry into teaching,
candidates must be fully qualified.
‘‘(f) COORDINATION.—States receiving grants under
section 202 of the Higher Education Act of 1965 shall
coordinate the use of such funds with activities carried out
under this section.
‘‘(g) PUBLIC ACCOUNTABILITY.—
‘‘(1) IN
GENERAL.—A State that receives a
grant under this subpart—
‘‘(A) in the event the State provides public
State report cards on education, shall include in
such report cards information on the State’s
progress with respect to—
‘‘(i) subject to paragraph (2), improv-
ing student academic achievement, as de-
fined by the State;
‘‘(ii) closing academic achievement
gaps, as defined by the State, between the
groups described in paragraph (2)(A)(i);
‘‘(iii) increasing the percentage of
classes in core academic areas taught by
fully qualified teachers; and
‘‘(iv) reducing class size; or
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‘‘(B) in the event the State provides no
such report card, shall publicly report the infor-
mation described in subparagraph (A) through
other means.
‘‘(2) DISAGGREGATED DATA.—The information
described in paragraph (1)(A)(i) and section
2013(b)(3)((A) shall be—
‘‘(A) disaggregated—
‘‘(i) by minority and non-minority sta-
tus and by low-income and non-low-income
status; and
‘‘(ii) using assessments consistent
with section 1111(b)(3); and
‘‘(B) publicly reported in the form of
disaggregated data only when such data are
statistically sound.
‘‘SEC. 2013. APPLICATIONS BY STATES.
‘‘(a) IN GENERAL.—To be eligible to receive a grant
under this subpart, a State shall submit an application
to the Secretary at such time, in such manner, and con-
taining such information as the Secretary may reasonably
require.
‘‘(b) CONTENTS.—Each application under this sec-
tion shall include the following:
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‘‘(1) A description of how the State will ensure
that a local educational agency receiving a subgrant
under subpart 3 will comply with the requirements
of such subpart, including the required use of funds
for mathematics and science programs, professional
development, and hiring teachers to reduce class
size.
‘‘(2) A plan to ensure all teachers within the
State are fully qualified not later than December 31,
2003.
‘‘(3) An assurance that the State will require
each local educational agency and school receiving
funds under this title to publicly report their annual
progress on the agency’s and the school’s perform-
ance indicators in the following:
‘‘(A) Subject to section 2012(f)(2), improv-
ing student academic achievement, as defined
by the State.
‘‘(B) Closing academic achievement gaps,
as defined by the State, between the groups de-
scribed in section 2012(f)(2)(A)(i).
‘‘(C) Increasing the percentage of classes
in core academic areas taught by fully qualified
teachers.
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‘‘(4) A description of how the State will hold
local educational agencies and schools accountable
for making annual gains in meeting the performance
indicators described in paragraph (3).
‘‘(5) A description of how the State will coordi-
nate professional development activities authorized
under this part with professional development activi-
ties provided under other Federal, State, and local
programs, including those authorized under title I,
title III, title IV, part A of title VII, and (where ap-
plicable) the Individuals with Disabilities Education
Act and the Carl D. Perkins Vocational and Tech-
nical Education Act. The application shall also de-
scribe the comprehensive strategy that the State will
take as part of such coordination effort, to ensure
that teachers are trained in the utilization of tech-
nology so that technology and its applications are ef-
fectively used in the classroom to improve teaching
and learning in all curriculum and content areas, as
appropriate.
‘‘(6) A description of how the State will encour-
age the development of proven, innovative strategies
to deliver intensive professional development pro-
grams that are both cost-effective and easily acces-
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sible, such as through the use of technology and dis-
tance learning.
‘‘(7) A description of how the State will ensure
that local educational agencies will comply with the
requirement under section 2033(b)(5), especially
with respect to ensuring the participation of teachers
and parents.
‘‘(c) APPLICATION SUBMISSION.—A State application
submitted to the Secretary under this section shall be ap-
proved by the Secretary unless the Secretary makes a
written determination, within 90 days after receiving the
application, that the application is in violation of the provi-
sions of this Act.
‘‘Subpart 2—Subgrants to Eligible Partnerships
‘‘SEC. 2021. PARTNERSHIP GRANTS.
‘‘(a) IN GENERAL.—From the amount described in
section 2012(c)(2)(C), the State agency for higher edu-
cation, working in conjunction with the State educational
agency (if such agencies are separate), shall award grants
on a competitive basis to eligible partnerships to enable
such partnerships to carry out activities described in sub-
section (b). Such grants shall be equitably distributed by
geographic area within the State. Not more than 5 percent
of the amount made available to an agency to carry out
this subpart may be used for planning and administration.
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‘‘(b) USE OF FUNDS.—A recipient of funds under
this section shall use the funds for—
‘‘(1) professional development activities in core
academic subjects to ensure that teachers have con-
tent knowledge in the subjects they teach; and
‘‘(2) developing and providing assistance to
local educational agencies and the teachers, prin-
cipals, and administrators, of public and private
schools in each such agency, for sustained, high-
quality professional development activities which—
‘‘(A) ensure they are able to use State con-
tent standards, performance standards, and as-
sessments to improve instructional practices
and improve student achievement; and
‘‘(B) may include intensive programs de-
signed to prepare teachers who will return to
their school to provide such instruction to other
teachers within such school.
‘‘(c) SPECIAL RULE.—No single participant in an eli-
gible partnership may retain more than 50 percent of the
funds made available to the partnership under this section.
‘‘(d) ELIGIBLE PARTNERSHIPS.—As used in this sec-
tion, the term ‘eligible partnerships’ means an entity
that—
‘‘(1) shall include—
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‘‘(A) a high-need local educational agency;
‘‘(B) a school of arts and sciences; and
‘‘(C) an institution that prepares teachers;
and
‘‘(2) may include other local educational agen-
cies, a public charter school, a public or private ele-
mentary or secondary school, an educational service
agency, a public or private nonprofit educational or-
ganization, or a business.
‘‘(e) COORDINATION.—Partnerships receiving grants
under section 203 of the Higher Education Act of 1965
shall coordinate the use of such funds with any related
activities carried out by such partnership with funds made
available under this section.
‘‘Subpart 3—Subgrants to Local Educational
Agencies
‘‘SEC. 2031. LOCAL USE OF FUNDS.
‘‘(a) REQUIRED ACTIVITIES.—
‘‘(1) IN
GENERAL.—Each local educational
agency that receives a subgrant under this subpart
shall use the subgrant to carry out the activities de-
scribed in this subsection.
‘‘(2) MATHEMATICS AND SCIENCE.—
‘‘(A) IN GENERAL.—Of the amount made
available to each local educational agency under
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this subpart for a fiscal year, the agency shall
use not less than the amount expended by the
agency under section 2206(b) of this Act (as in
effect on the day before the date of the enact-
ment of the Teacher Empowerment Act) for the
fiscal year preceding such enactment for profes-
sional development activities in mathematics
and science in accordance with section 2033.
‘‘(B) WAIVER.—
‘‘(i) 
APPLICATION.—A 
local 
edu-
cational agency, in consultation with teach-
ers and principals, may seek a waiver of
the requirement in subparagraph (A) from
a State in order to allow the local edu-
cational agency to use such funds for pro-
fessional development in academic subjects
other than mathematics and science.
‘‘(ii) STANDARD
FOR
GRANTING.—A
State may not approve such a waiver un-
less the local educational agency is able to
demonstrate that—
‘‘(I) the professional development
needs of mathematics and science
teachers, including elementary teach-
ers responsible for teaching mathe-
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matics and science, have been ade-
quately served and will continue to be
adequately served if the waiver is ap-
proved;
‘‘(II) State assessments in math-
ematics and science demonstrate that
each school within the local edu-
cational agency has made and will
continue to make progress toward
meeting the challenging State or local
content standards and student per-
formance standards in these areas;
and
‘‘(III) State assessments in other
academic subjects demonstrate a need
to focus on subjects other than mathe-
matics and science.
‘‘(iii) GRANDFATHER
OF
OLD
WAIV-
ERS.—A waiver provided to a local edu-
cational agency under part D of title XIV
prior to the date of the enactment of the
Teacher 
Empowerment 
Act 
shall 
be
deemed effective until such time as it oth-
erwise would have ceased to be effective.
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‘‘(3) PROFESSIONAL
DEVELOPMENT
ACTIVI-
TIES.—Each local educational agency that receives a
subgrant under this subpart shall use a portion of
such funds for professional development activities
that give teachers, principals, and administrators the
knowledge and skills to provide students with the op-
portunity to meet challenging State or local content
standards and student performance standards. Such
activities shall be consistent with sections 2033 and
2034.
‘‘(4) HIRING AND RETAINING WELL-QUALIFIED
AND EFFECTIVE TEACHERS.—
‘‘(A) IN GENERAL.—Each local educational
agency that receives a subgrant under this sub-
part shall use a portion of such funds for re-
cruiting, hiring, and training fully qualified
teachers, including teachers fully qualified
through State and local alternative routes, in
order to reduce class size.
‘‘(B) SPECIAL
RULE
FOR
SPECIAL
EDU-
CATION TEACHERS.—Notwithstanding subpara-
graph (A), a local educational agency may use
some or all of the funds described in such sub-
paragraph to hire special education teachers re-
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gardless of whether such action reduces class
size.
‘‘(C) WAIVER.—
‘‘(i) 
APPLICATION.—A 
local 
edu-
cational agency may seek a waiver of the
requirement in subparagraph (A) from a
State in order to allow the local edu-
cational agency to use such funds for pur-
poses other than hiring teachers in order
to reduce class size.
‘‘(ii) STANDARD
FOR
GRANTING.—A
State may not approve such a waiver un-
less the local educational agency is able to
demonstrate that—
‘‘(I) such funds will be used to
ensure that all instructional staff have
the subject matter knowledge, teach-
ing knowledge, and teaching skills
necessary to teach effectively in the
content area or areas in which they
provide instruction; or
‘‘(II) an initiative to reduce class
size would result in having to rely on
underqualified teachers, inadequate
classroom space, or would have any
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other negative consequence affecting
the efforts of the local educational
agency to improve student academic
achievement.
‘‘(b) ALLOWABLE
ACTIVITIES.—Each local edu-
cational agency that receives a subgrant under this sub-
part may use the subgrant to carry out the following ac-
tivities:
‘‘(1) Initiatives to assist recruitment of fully
qualified teachers who will be assigned teaching posi-
tions within their field, including—
‘‘(A) providing signing bonuses or other fi-
nancial incentives, such as differential pay, for
teachers to teach in academic subject areas in
which there exists a shortage of such fully
qualified teachers within a school or the local
educational agency;
‘‘(B) establishing programs that—
‘‘(i) recruit professionals from other
fields and provide such professionals with
alternative routes to teacher certification,
especially in the areas of mathematics and
science; and
‘‘(ii) provide increased opportunities
for minorities, individuals with disabilities,
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and other individuals underrepresented in
the teaching profession; and
‘‘(C) implementing hiring policies that en-
sure comprehensive recruitment efforts as a
way to expand the applicant pool, such as
through identifying teachers certified through
alternative routes, coupled with a system of in-
tensive screening designed to hire the most
qualified applicant.
‘‘(2) Initiatives to promote retention of highly
qualified teachers and principals including—
‘‘(A) programs that provide mentoring to
newly hired teachers, such as from master
teachers, and to newly hired principals; or
‘‘(B) programs that provide other incen-
tives, including financial incentives, to retain
teachers who have a record of success in help-
ing low-achieving students improve their aca-
demic success.
‘‘(3) Programs and activities that are designed
to improve the quality of the teacher force, such
as—
‘‘(A) innovative professional development
programs (which may be through partnerships
including institutions of higher education), in-
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cluding programs that train teachers to utilize
technology to improve teaching and learning,
that are consistent with the requirements of
section 2033;
‘‘(B) development and utilization of prov-
en, cost-effective strategies for the implementa-
tion of professional development activities, such
as through the utilization of technology and dis-
tance learning;
‘‘(C) tenure reform;
‘‘(D) merit pay;
‘‘(E) testing of elementary and secondary
school teachers in the subject areas taught by
such teachers;
‘‘(F) professional development programs
that provide instruction in how to teach chil-
dren with different learning styles, particularly
children with disabilities and children with spe-
cial learning needs (including those who are
gifted and talented);
‘‘(G) professional development programs
that provide instruction in how best to dis-
cipline children in the classroom and identify
early and appropriate interventions to help chil-
dren described in subparagraph (F) learn; and
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‘‘(H) professional development programs
that provide instruction in how to teach char-
acter education in a manner that—
‘‘(i) reflects the values of parents,
teachers, and local communities; and
‘‘(ii) incorporates elements of good
character, including honesty, citizenship,
courage, justice, respect, personal responsi-
bility, and trustworthiness.
‘‘(4) Teacher opportunity payments, consistent
with section 2034.
‘‘(5) Professional activities designed to improve
the quality of principals.
‘‘SEC. 2032. LOCAL APPLICATIONS.
‘‘(a) IN GENERAL.—A local educational agency seek-
ing to receive a subgrant from a State under this subpart
shall submit an application to the State—
‘‘(1) at such time as the State shall require;
and
‘‘(2) which is coordinated with other programs
under this Act, or other Acts, as appropriate.
‘‘(b) LOCAL APPLICATION CONTENTS.—The local ap-
plication described in subsection (a), shall include, at a
minimum, the following:
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‘‘(1) A description of how the local educational
agency intends to use funds provided under this sub-
part, including an assurance that the local edu-
cational agency will meet the requirements for the
use of funds for mathematics and science programs,
professional development, and hiring teachers to re-
duce class size, under section 2031.
‘‘(2) An assurance that the local educational
agency will target funds to schools within the juris-
diction of the local educational agency that—
‘‘(A) have the lowest proportion of fully
qualified teachers;
‘‘(B) have the largest average class size; or
‘‘(C) are identified for school improvement
under section 1116(c).
‘‘(3) A description of how the local educational
agency will coordinate professional development ac-
tivities authorized under this subpart with profes-
sional development activities provided through other
Federal, State, and local programs, including those
authorized under title I, title III, title IV, part A of
title VII, and (where applicable) the Individuals with
Disabilities Education Act and the Carl D. Perkins
Vocational and Technical Education Act.
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‘‘(4) A description of how the local educational
agency will integrate funds under this subpart with
funds received under title III that are used for pro-
fessional development to train teachers in how to use
technology to improve learning and teaching.
‘‘(5) A description of how the local educational
agency has collaborated with teachers, principals,
parents, and administrators in the preparation of
the application.
‘‘(c) PARENTS’ RIGHT-TO-KNOW.—A local edu-
cational agency that receives funds under this subpart
shall provide, upon request and in an understandable and
uniform format, to any parent of a student attending any
school receiving funds under this subpart, information re-
garding the professional qualifications of the student’s
classroom teachers, including, at a minimum, the fol-
lowing:
‘‘(1) Whether the teacher has met State quali-
fication and licensing criteria for the grade levels
and subject areas in which the teacher provides in-
struction.
‘‘(2) Whether the teacher is teaching under
emergency or other provisional status through which
State qualification or licensing criteria have been
waived.
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‘‘(3) The baccalaureate degree major of the
teacher and any other graduate certification or de-
gree held by the teacher, and the field or discipline
of the certification or degree.
‘‘SEC. 2033. PROFESSIONAL DEVELOPMENT FOR TEACHERS.
‘‘(a) LIMITATION RELATING TO CURRICULUM AND
CONTENT AREAS.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), professional development funds under this
subpart may not be provided for a teacher and an
activity if the activity is not—
‘‘(A) directly related to the curriculum and
content areas in which the teacher provides in-
struction; or
‘‘(B) designed to enhance the ability of the
teacher to understand and use the State’s
standards for the subject area in which the
teacher provides instruction.
‘‘(2) EXCEPTION.—Paragraph (1) does not
apply to funds for professional development activities
that instruct in methods of disciplining children.
‘‘(b) OTHER REQUIREMENTS.—Professional develop-
ment activities funded under this subpart—
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‘‘(1) shall be measured, in terms of progress,
using the specific performance indicators established
by the State in accordance with section 2013(b)(3);
‘‘(2) shall be tied to challenging State or local
content standards and student performance stand-
ards;
‘‘(3) shall be tied to scientifically based research
demonstrating the effectiveness of such program in
increasing student achievement or substantially in-
creasing the knowledge and teaching skills of such
teachers;
‘‘(4) shall be of sufficient intensity and duration
(such as not to include 1-day or short-term work-
shops and conferences) to have a positive and lasting
impact on the teacher’s performance in the class-
room, except that this paragraph shall not apply to
an activity if such activity is one component of a
long-term comprehensive professional development
plan established by the teacher and the teacher’s su-
pervisor based upon an assessment of their needs,
their students’ needs, and the needs of the local edu-
cational agency;
‘‘(5) shall be developed with extensive participa-
tion of teachers, principals, parents, and administra-
tors of schools to be served under this part and, with
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respect to any professional development program de-
scribed in subparagraphs (F) and (G) of section
2031(b)(3), shall, if appropriate, be developed with
extensive coordination with, and participation of,
professionals with expertise in such types of profes-
sional development; and
‘‘(6) shall, to the extent appropriate, provide
training for teachers in the use of technology so that
technology and its applications are effectively used
in the classroom to improve teaching and learning in
the curriculum and academic content areas in which
those teachers provide instruction.
‘‘(c) ACCOUNTABILITY.—
‘‘(1) IN GENERAL.—A State shall notify a local
educational agency that the agency is on notice of
the possibility that the agency may be subject to the
requirement in paragraph (3) if, after any fiscal
year, the State determines that the programs or ac-
tivities funded by the agency fail to meet the re-
quirements of subsections (a) and (b).
‘‘(2) TECHNICAL
ASSISTANCE.—A local edu-
cational agency that has been put on notice pursu-
ant to paragraph (1) may request technical assist-
ance from the State in order to provide the oppor-
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tunity for such local educational agency to comply
with the requirements of subsections (a) and (b).
‘‘(3) REQUIREMENT TO PROVIDE TEACHER OP-
PORTUNITY PAYMENTS.—A local educational agency
that has been put on notice by the State pursuant
to paragraph (1) during any 2 consecutive fiscal
years shall expend under section 2034 for the suc-
ceeding fiscal year a proportion of the amount made
available to the agency under this subpart equal to
the proportion of such amount expended by the
agency on professional development for the second
fiscal year in which it was put on notice.
‘‘SEC. 2034. TEACHER OPPORTUNITY PAYMENTS.
‘‘(a) IN GENERAL.—A local educational agency re-
ceiving funds under this subpart may (or, in the case of
a local educational agency described in section 2033(c)(3),
shall) provide funds directly to a teacher or a group of
teachers seeking opportunities to participate in a profes-
sional development activity of their choice.
‘‘(b) NOTICE
TO
TEACHERS.—Local educational
agencies distributing funds under this section shall estab-
lish and implement a timely process through which proper
notice of availability of funds will be given to all teachers
within schools identified by the agency and shall develop
a process whereby teachers will be specifically rec-
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ommended by principals to participate in such program
by virtue of—
‘‘(1) their not being fully qualified to teach in
the subject or subjects in which they teach; or
‘‘(2) their need for additional assistance to en-
sure that their students make progress toward meet-
ing challenging State content standards and student
performance standards.
‘‘(c) SELECTION OF TEACHERS.—In the event ade-
quate funding is not available to provide payments under
this section to all teachers seeking such assistance, or
identified as needing such assistance pursuant to sub-
section (b), a local educational agency shall establish pro-
cedures for selecting teachers which provide a priority for
those teachers described in paragraph (1) or (2) of sub-
section (b).
‘‘(d) ELIGIBLE PROGRAM.—Teachers receiving a pay-
ment under this section shall have the choice of attending
any professional development program that meets the cri-
teria set forth in subsection (a) or (b) of section 2033.
‘‘Subpart 4—National Activities
‘‘SEC. 2041. ALTERNATIVE ROUTES TO TEACHING.
‘‘(a) TEACHER EXCELLENCE ACADEMIES.—
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‘‘(1) IN GENERAL.—The Secretary may award
grants on a competitive basis to eligible consortia to
carry out activities described in this subsection.
‘‘(2) USE OF FUNDS.—
‘‘(A) IN GENERAL.—An eligible consortium
receiving funds under this subsection shall use
the funds to pay the costs associated with the
establishment or expansion of a teacher acad-
emy in an elementary or secondary school facil-
ity that carries out the activities promoting al-
ternative routes to State teacher certification
specified in subparagraph (B), the model pro-
fessional development activities specified in sub-
paragraph (C), or all such activities.
‘‘(B) PROMOTING
ALTERNATIVE
ROUTES
TO
TEACHER
CERTIFICATION.—The activities
promoting alternative routes to State teacher
certification specified in this subparagraph are
the design and implementation of a course of
study and activities providing an alternative
route to State teacher certification that—
‘‘(i) provide opportunities to highly
qualified individuals with a baccalaureate
degree, including mid-career professionals
from other occupations, paraprofessionals,
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former military personnel, and recent col-
lege or university graduates with records of
academic distinction;
‘‘(ii) provide stipends, for not more
than 2 years, to permit individuals de-
scribed in clause (i) to participate as stu-
dent teachers able to fill teaching needs in
academic subjects in which there is a dem-
onstrated shortage of teachers;
‘‘(iii) provide for the recruitment and
hiring of master teachers to mentor and
train student teachers within such acad-
emies; and
‘‘(iv) include a reasonable service re-
quirement for individuals completing the
alternative certification program estab-
lished by the consortium.
‘‘(C) MODEL
PROFESSIONAL
DEVELOP-
MENT.—The model professional development
activities specified in this subparagraph are ac-
tivities providing ongoing professional develop-
ment opportunities for teachers, such as—
‘‘(i) innovative programs and model
curricula in the area of professional devel-
opment which may serve as models to be
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disseminated to other schools and local
educational agencies; and
‘‘(ii) developing innovative techniques
for evaluating the effectiveness of profes-
sional development programs.
‘‘(3) PRIORITY.—The Secretary shall award not
less than one grant to a consortium that—
‘‘(A) includes a high-need local educational
agency located in a rural area; and
‘‘(B) proposes the extensive use of distance
learning in order to provide the applicable
course work to student teachers.
‘‘(4) SPECIAL RULE.—No single participant in
an eligible consortium may retain more than 50 per-
cent of the funds made available to the consortium
under this subsection.
‘‘(5) APPLICATION.—To be eligible to receive a
grant under this subsection, an eligible consortium
shall submit an application to the Secretary at such
time, in such manner, and containing such informa-
tion as the Secretary may reasonably require.
‘‘(6) ELIGIBLE
CONSORTIUM.—In this sub-
section, the term ‘eligible consortium’ means a con-
sortium for a State that—
‘‘(A) shall include—
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‘‘(i) the State agency responsible for
certifying teachers;
‘‘(ii) not less than one high-need local
educational agency;
‘‘(iii) a school of arts and sciences;
and
‘‘(iv) an institution that prepares
teachers; and
‘‘(B) may include local educational agen-
cies, public charter schools, public or private el-
ementary or secondary schools, educational
service agencies, public or private nonprofit
educational organizations, museums, or busi-
nesses.
‘‘(b) CONTINUATION OF TROOPS-TO-TEACHERS PRO-
GRAM.—
‘‘(1) PURPOSE.—It is the purpose of this sub-
section to authorize the continuation after Sep-
tember 30, 2000, of the teachers and teachers’ aide
placement program known as the ‘troops-to-teachers
program’, which was established by the Secretary of
Defense, and the Secretary of Transportation with
respect to the Coast Guard, under section 1151 of
title 10, United States Code.