IB 
Union Calendar No. 321 
112TH CONGRESS 
2D SESSION 
H. R. 3990 
[Report No. 112–459, Part I] 
To encourage effective teachers in the classrooms of the United States and 
innovative education programs in our Nation’s schools. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 9, 2012 
Mr. KLINE (for himself, Mr. HUNTER, Mr. ROE of Tennessee, Mr. PETRI, Mr. 
WILSON of South Carolina, Mr. DESJARLAIS, Mrs. NOEM, Mrs. ROBY, 
and Mr. HECK) introduced the following bill; which was referred to the 
Committee on Education and the Workforce, and in addition to the Com-
mittees on Armed Services and Financial Services, for a period to be sub-
sequently determined by the Speaker, in each case for consideration of 
such provisions as fall within the jurisdiction of the committee concerned 
APRIL 27, 2012 
Additional sponsors: Mr. KELLY and Mr. BARLETTA 
APRIL 27, 2012 
Reported from the Committee on Education and the Workforce with an 
amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
APRIL 27, 2012 
The Committees on Armed Services and Financial Services discharged; com-
mitted to the Committee of the Whole House on the State of the Union 
and ordered to be printed 
[For text of introduced bill, see copy of bill as introduced on February 9, 2012] 
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A BILL 
To encourage effective teachers in the classrooms of the 
United States and innovative education programs in our 
Nation’s schools. 
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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 ‘‘Encouraging Innovation 
and Effective Teachers Act’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
Sec. 3. References. 
Sec. 4. Transition. 
Sec. 5. Effective dates. 
Sec. 6. Authorization of appropriations. 
TITLE I—TEACHER PREPARATION AND EFFECTIVENESS 
Sec. 101. Teacher preparation and effectiveness. 
Sec. 102. Conforming repeals. 
TITLE II—PARENTAL ENGAGEMENT AND LOCAL FLEXIBILITY 
Sec. 201. Parental engagement and local flexibility. 
TITLE III—IMPACT AID 
Sec. 301. Purpose. 
Sec. 302. Payments relating to Federal acquisition of real property. 
Sec. 303. Payments for eligible federally connected children. 
Sec. 304. Policies and procedures relating to children residing on Indian lands. 
Sec. 305. Application for payments under sections 8002 and 8003. 
Sec. 306. Construction. 
Sec. 307. Facilities. 
Sec. 308. State consideration of payments providing State aid. 
Sec. 309. Federal administration. 
Sec. 310. Administrative hearings and judicial review. 
Sec. 311. Definitions. 
Sec. 312. Authorization of appropriations. 
Sec. 313. Conforming amendments. 
TITLE IV—TROOPS-TO-TEACHERS PROGRAM 
Sec. 401. Troops-to-teachers program. 
TITLE V—REPEAL 
Sec. 501. Repeal of title VI. 
TITLE VI—HOMELESS EDUCATION 
Sec. 601. Statement of policy. 
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Sec. 602. Grants for State and local activities for the education of homeless chil-
dren and youths. 
Sec. 603. Local educational agency subgrants for the education of homeless chil-
dren and youths. 
Sec. 604. Secretarial responsibilities. 
Sec. 605. Definitions. 
Sec. 606. Authorization of appropriations. 
SEC. 3. REFERENCES. 
Except as otherwise expressly provided, whenever in 
this Act an amendment or repeal is expressed in terms of 
an amendment to, or repeal of, a section or other provision, 
the reference shall be considered to be made to a section or 
other provision of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6301 et seq.). 
SEC. 4. TRANSITION. 
Unless otherwise provided in this Act, any person or 
agency that was awarded a grant under the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 6301 et 
seq.) prior to the date of the enactment of this Act shall 
continue to receive funds in accordance with the terms of 
such award, except that funds for such award may not con-
tinue more than one year after the date of the enactment 
of this Act. 
SEC. 5. EFFECTIVE DATES. 
(a) IN GENERAL.—Except as otherwise provided in 
this Act, this Act, and the amendments made by this Act, 
shall be effective upon the date of enactment of this Act. 
(b) NONCOMPETITIVE PROGRAMS.—With respect to 
noncompetitive programs under which any funds are allot-
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ted by the Secretary of Education to recipients on the basis 
of a formula, this Act, and the amendments made by this 
Act, shall take effect on July 1, 2012. 
(c) COMPETITIVE PROGRAMS.—With respect to pro-
grams that are conducted by the Secretary on a competitive 
basis, this Act, and the amendments made by this Act, shall 
take effect with respect to appropriations for use under those 
programs for fiscal year 2013. 
(d) IMPACT AID.—With respect to title IV of the Act 
(20 U.S.C. 7701 et seq.) (Impact Aid), this Act, and the 
amendments made by this Act, shall take effect with respect 
to appropriations for use under that title for fiscal year 
2013. 
SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 
The Act (20 U.S.C. 6301 et seq.) is amended by insert-
ing after section 2 the following: 
‘‘SEC. 3. AUTHORIZATIONS OF APPROPRIATIONS. 
‘‘(a) TITLE II.—There are authorized to be appro-
priated to carry out title II $2,988,070,000 for fiscal year 
2013. 
‘‘(b) TITLE III.— 
‘‘(1) PART A.— 
‘‘(A) SUBPART 1.—There are authorized to 
be appropriated to carry out subpart 1 of part 
A of title III $300,000,000 for fiscal year 2013. 
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‘‘(4) CONSTRUCTION.—For the purpose of car-
rying out section 4007, there are authorized to be ap-
propriated $17,441,000 for fiscal year 2013. 
‘‘(5) FACILITIES
MAINTENANCE.—For the pur-
pose of carrying out section 4008, there are author-
ized to be appropriated $4,845,000 for fiscal year 
2013. 
‘‘(d) OUT YEARS.—The amounts authorized in sub-
sections (a), (b), and (c) shall be increased for each of fiscal 
years 2014 through 2018 by a percentage equal to the per-
centage of inflation according to the Consumer Price Index, 
for the calendar year ending prior to the beginning of that 
fiscal year.’’. 
TITLE 
I—TEACHER 
PREPARA-
TION AND EFFECTIVENESS 
SEC. 101. TEACHER PREPARATION AND EFFECTIVENESS. 
(a) HEADING.—The title heading for title II (20 
U.S.C. 6601 et seq.) is amended to read as follows: 
‘‘TITLE II—TEACHER PREPARA-
TION AND EFFECTIVENESS’’. 
(b) PART A.—Part A of title II (20 U.S.C. 6601 et 
seq.) is amended to read as follows: 
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‘‘PART A—SUPPORTING EFFECTIVE INSTRUCTION 
‘‘SEC. 2101. PURPOSE. 
‘‘The purpose of this part is to provide grants to State 
educational agencies and subgrants to local educational 
agencies to— 
‘‘(1) increase student achievement consistent with 
State academic standards under section 1111; 
‘‘(2) improve teacher and school leader effective-
ness; 
‘‘(3) provide evidence-based, continuous, job-em-
bedded professional development; and 
‘‘(4) develop and implement teacher evaluation 
systems to link teacher performance with student 
achievement to determine teacher effectiveness. 
‘‘Subpart 1—Grants to States 
‘‘SEC. 2111. ALLOTMENTS TO STATES. 
‘‘(a) IN GENERAL.—Of the amounts appropriated 
under section 3(a), the Secretary shall reserve 75 percent 
to make grants to States with applications approved under 
section 2112 to pay for the Federal share of the cost of car-
rying out the activities specified in section 2113. Each 
grant shall consist of the allotment determined for a State 
under subsection (b). 
‘‘(b) DETERMINATION OF ALLOTMENTS.— 
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‘‘(1) RESERVATION OF FUNDS.—Of the amount 
reserved under subsection (a) for a fiscal year, the 
Secretary shall reserve— 
‘‘(A) not more than 1 percent to carry out 
national activities under section 2132; 
‘‘(B) one-half of 1 percent for allotments to 
outlying areas on the basis of their relative need, 
as determined by the Secretary, in accordance 
with the purpose of this part; and 
‘‘(C) one-half of 1 percent for the Secretary 
of the Interior for programs under this part in 
schools operated or funded by the Bureau of In-
dian Education. 
‘‘(2) STATE ALLOTMENTS.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), from the funds reserved under sub-
section (a) for any fiscal year and not reserved 
under paragraph (1), the Secretary shall allot to 
each State the sum of— 
‘‘(i) an amount that bears the same re-
lationship to 50 percent of the funds as the 
number of individuals age 5 through 17 in 
the State, as determined by the Secretary on 
the basis of the most recent satisfactory 
data, bears to the number of those individ-
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uals in all such States, as so determined; 
and 
‘‘(ii) an amount that bears the same 
relationship to 50 percent of the funds as 
the number of individuals age 5 through 17 
from families with incomes below the pov-
erty line in the State, as determined by the 
Secretary on the basis of the most recent 
satisfactory data, bears to the number of 
those individuals in all such States, as so 
determined. 
‘‘(B) SMALL STATE MINIMUM.—No State re-
ceiving an allotment under subparagraph (A) 
may receive less than one-half of 1 percent of the 
total amount of funds allotted under such sub-
paragraph for a fiscal year. 
‘‘(c) ALTERNATE DISTRIBUTION OF FUNDS.— 
‘‘(1) IN GENERAL.—Subject to paragraphs (2) 
through (5), if a State does not apply to the Secretary 
for an allotment under this section, a local edu-
cational agency located in such State may apply to 
the Secretary for a portion of the funds that would 
have been allotted to the State had such State applied 
for an allotment under this section to carry out the 
activities under this part. 
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‘‘(2) APPLICATION.—In order to receive an allot-
ment under paragraph (1), a local educational agency 
shall submit to the Secretary an application at such 
time, in such manner, and containing the informa-
tion described in section 2122. 
‘‘(3) USE OF FUNDS.—A local educational agen-
cy receiving an allotment under paragraph (1)— 
‘‘(A) shall use such funds to carry out the 
activities described in section 2123(1); and 
‘‘(B) may use such funds to carry out the 
activities described in section 2123(2). 
‘‘(4) REPORTING REQUIREMENTS.—A local edu-
cational agency receiving an allotment under para-
graph (1) shall carry out the reporting requirements 
described in section 2131(a), except that annual re-
ports shall be submitted to the Secretary and not a 
State educational agency. 
‘‘(5) AMOUNT
OF
ALLOTMENT.—An allotment 
made to a local educational agency under paragraph 
(1) for a fiscal year shall be equal to the amount of 
subgrant funds that the local educational agency 
would have received under subpart 2 had such agency 
applied for a subgrant under such subpart for such 
fiscal year. 
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‘‘(d) REALLOTMENT.—If a State does not apply for an 
allotment under this section for any fiscal year or only a 
portion of the State’s allotment is allotted under subsection 
(c), the Secretary shall reallot the State’s entire allotment 
or the remaining portion of its allotment, as the case may 
be, to the remaining States in accordance with subsection 
(b). 
‘‘SEC. 2112. STATE APPLICATION. 
‘‘(a) IN GENERAL.—For a State to be eligible to receive 
a grant under this subpart, the State educational agency 
shall submit an application to the Secretary at such time 
and in such a manner as the Secretary may reasonably 
require, which shall include the following: 
‘‘(1) A description of how the State educational 
agency will meet the requirements of this subpart. 
‘‘(2) A description of how the State educational 
agency will use a grant received under section 2111, 
including the grant funds the State will reserve for 
State-level activities under section 2113(a)(2). 
‘‘(3) A description of how the State educational 
agency will facilitate the sharing of evidence-based 
and other effective strategies among local educational 
agencies. 
‘‘(4) In the case of a State educational agency 
that is not developing or implementing a statewide 
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teacher evaluation system, a description of how the 
State educational agency will ensure that each local 
educational agency in the State receiving a subgrant 
under subpart 2 will implement a teacher evaluation 
system that meets the requirements of clauses (i) 
through (v) of section 2123(1)(A). 
‘‘(5) In the case of a State educational agency 
that is developing or implementing a statewide teach-
er evaluation system— 
‘‘(A) a description of how the State edu-
cational agency will work with local educational 
agencies in the State to implement the statewide 
teacher evaluation system within 3 years of the 
date of enactment of the Encouraging Innovation 
and Effective Teachers Act; and 
‘‘(B) an assurance that the statewide teach-
er evaluation system complies with clauses (i) 
through (v) of section 2123(1)(A). 
‘‘(6) An assurance that the State educational 
agency will comply with section 5501 (regarding par-
ticipation by private school children and teachers). 
‘‘(b) DEEMED APPROVAL.—An application submitted 
by a State educational agency under subsection (a) shall 
be deemed to be approved by the Secretary unless the Sec-
retary makes a written determination, prior to the expira-
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tion of the 120-day period beginning on the date on which 
the Secretary received the application, that the application 
is not in compliance with this subpart. 
‘‘(c) DISAPPROVAL.—The Secretary shall not finally 
disapprove an application, except after giving the State 
educational agency notice and an opportunity for a hear-
ing. 
‘‘(d) NOTIFICATION.—If the Secretary finds that an 
application is not in compliance, in whole or in part, with 
this subpart, the Secretary shall— 
‘‘(1) give the State educational agency notice 
and an opportunity for a hearing; and 
‘‘(2) notify the State educational agency of the 
finding of noncompliance and, in such notification, 
shall— 
‘‘(A) cite the specific provisions in the ap-
plication that are not in compliance; and 
‘‘(B) request additional information, only 
as to the noncompliant provisions, needed to 
make the application compliant. 
‘‘(e) RESPONSE.—If a State educational agency re-
sponds to a notification from the Secretary under subsection 
(d)(2) during the 45-day period beginning on the date on 
which the agency received the notification, and resubmits 
the application with the requested information described in 
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subsection (d)(2)(B), the Secretary shall approve or dis-
approve such application prior to the later of— 
‘‘(1) the expiration of the 45-day period begin-
ning on the date on which the application is resub-
mitted; or 
‘‘(2) the expiration of the 120-day period de-
scribed in subsection (b). 
‘‘(f) FAILURE TO RESPOND.—If a State educational 
agency does not respond to a notification from the Secretary 
under subsection (d)(2) during the 45-day period beginning 
on the date on which the agency received the notification, 
such application shall be deemed to be disapproved. 
‘‘SEC. 2113. STATE USE OF FUNDS. 
‘‘(a) IN GENERAL.—A State educational agency that 
receives a grant under section 2111 shall— 
‘‘(1) reserve 95 percent of the grant funds to 
make subgrants to local educational agencies under 
subpart 2; and 
‘‘(2) use the remainder of the funds, after reserv-
ing funds under paragraph (1), for the State activi-
ties described in subsection (b), except that the State 
may reserve not more than 1 percent of the grant 
funds for planning and administration related to car-
rying out activities described in subsection (b). 
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‘‘(b) STATE-LEVEL ACTIVITIES.—A State educational 
agency that receives a grant under section 2111— 
‘‘(1) shall use the amount described in subsection 
(a)(2) to— 
‘‘(A) provide training and technical assist-
ance to local educational agencies on— 
‘‘(i) in the case of a State educational 
agency not implementing a statewide teach-
er evaluation system— 
‘‘(I) the development and imple-
mentation of a teacher evaluation sys-
tem that meets the requirements of 
clauses (i) through (v) of section 
2123(1)(A); and 
‘‘(II) training school leaders in 
using such evaluation system; or 
‘‘(ii) in the case of a State educational 
agency implementing a statewide teacher 
evaluation system, implementing such eval-
uation system; and 
‘‘(B) fulfill the State educational agency’s 
responsibilities with respect to the proper and ef-
ficient administration of the subgrant program 
carried out under this part; and 
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‘‘(2) may use the amount described in subsection 
(a)(2) to— 
‘‘(A) disseminate and share evidence-based 
and other effective practices related to teacher 
and school leader effectiveness and professional 
development; and 
‘‘(B) provide professional development for 
teachers and school leaders in the State con-
sistent with clauses (i) through (v) of section 
2123(2)(B). 
‘‘Subpart 2—Subgrants to Local Educational 
Agencies 
‘‘SEC. 2121. ALLOCATIONS TO LOCAL EDUCATIONAL AGEN-
CIES. 
‘‘(a) IN GENERAL.—Each State receiving a grant 
under section 2111 shall use the funds reserved under sec-
tion 2113(a)(1) to award subgrants to local educational 
agencies under this section. 
‘‘(b) ALLOCATION OF FUNDS.—From the funds re-
served by a State under section 2113(a)(1), the State edu-
cational agency shall allocate to each local educational 
agency in the State the sum of— 
‘‘(1) an amount that bears the same relationship 
to 50 percent of the funds as the number of individ-
uals age 5 through 17 in the geographic area served 
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by the local educational agency, as determined by the 
State on the basis of the most recent satisfactory data, 
bears to the number of those individuals in the geo-
graphic areas served by all the local educational agen-
cies in the State, as so determined; and 
‘‘(2) an amount that bears the same relationship 
to 50 percent of the funds as the number of individ-
uals age 5 through 17 from families with incomes 
below the poverty line in the geographic area served 
by the local educational agency, as determined by the 
State on the basis of the most recent satisfactory data, 
bears to the number of those individuals in the geo-
graphic areas served by all the local educational agen-
cies in the State, as so determined. 
‘‘SEC. 2122. LOCAL APPLICATIONS. 
‘‘To be eligible to receive a subgrant under this sub-
part, a local educational agency shall submit an applica-
tion to the State educational agency involved at such time, 
in such a manner, and containing such information as the 
State educational agency may reasonably require that, at 
a minimum, shall include the following: 
‘‘(1) A description of— 
‘‘(A) how the local educational agency will 
meet the requirements of this subpart; 
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‘‘(B) how the activities to be carried out by 
the local educational agency under this subpart 
will be evidence-based, improve student academic 
achievement, and improve teacher and school 
leader effectiveness; 
‘‘(C) in the case of a local educational agen-
cy not in a State with a statewide teacher eval-
uation system, the teacher evaluation system that 
will be developed and implemented under section 
2123(1) and how such system will meet the re-
quirements described in clauses (i) through (v) of 
section 2123(1)(A); 
‘‘(D) how, in developing and implementing 
such a teacher evaluation system, the local edu-
cational agency will work with parents, teachers, 
school leaders, and other staff of the schools 
served by the local educational agency; and 
‘‘(E) how the local educational agency will 
develop and implement such a teacher evaluation 
system within 3 years of the date of enactment 
of the Encouraging Innovation and Effective 
Teachers Act. 
‘‘(2) In the case of a local educational agency in 
a State with a statewide teacher evaluation system, a 
description of how the local educational agency will 
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work with the State educational agency to implement 
the statewide teacher evaluation system within 3 
years of the date of enactment of the Encouraging In-
novation and Effective Teachers Act. 
‘‘(3) An assurance that the local educational 
agency will comply with section 5501 (regarding par-
ticipation by private school children and teachers). 
‘‘SEC. 2123. LOCAL USE OF FUNDS. 
‘‘A local educational agency receiving a subgrant 
under this subpart— 
‘‘(1) shall use such funds— 
‘‘(A) to develop and implement a teacher 
evaluation system that— 
‘‘(i) uses student achievement data de-
rived from a variety of sources as a signifi-
cant factor in determining a teacher’s eval-
uation, with the weight given to such data 
defined by the local educational agency; 
‘‘(ii) uses multiple measures of evalua-
tion for evaluating teachers; 
‘‘(iii) has more than 2 categories for 
rating the performance of teachers; 
‘‘(iv) shall be used to make personnel 
decisions, as determined by the local edu-
cational agency; and 
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‘‘(v) is based on input from parents, 
school leaders, teachers, and other staff of 
schools served by the local educational agen-
cy; or 
‘‘(B) in the case of a local educational agen-
cy located in a State implementing a statewide 
teacher evaluation system, to implement such 
evaluation system; and 
‘‘(2) may use such funds for— 
‘‘(A) the training of school leaders for the 
purpose of evaluating teachers under a teacher 
evaluation system described in subparagraph (A) 
or (B) of paragraph (1), as appropriate; 
‘‘(B) professional development for teachers 
and school leaders that is evidence-based, job-em-
bedded, and continuous, such as— 
‘‘(i) subject-based professional develop-
ment for teachers; 
‘‘(ii) professional development aligned 
with the State’s academic standards; 
‘‘(iii) 
professional 
development 
for 
teachers of students with disabilities and 
English learners; 
‘‘(iv) 
professional 
development 
for 
teachers identified as in need of additional 
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support through data provided by a teacher 
evaluation system described in subpara-
graph (A) or (B) of paragraph (1), as ap-
propriate; 
‘‘(v) professional development based on 
the current science of learning, which in-
cludes research on positive brain change 
and cognitive skill development; 
‘‘(vi) 
professional 
development 
for 
school leaders, including mentorship pro-
grams for such leaders; or 
‘‘(vii) professional development on in-
tegrated, interdisciplinary, and project- 
based teaching strategies, including for ca-
reer and technical education teachers; 
‘‘(C) partnering with a public or private 
organization or a consortium of such organiza-
tions to develop and implement a teacher evalua-
tion system described in subparagraph (A) or 
(B) of paragraph (1), as appropriate; 
‘‘(D) any activities authorized under section 
2222(a); or 
‘‘(E) class size reduction, except that the 
local educational agency may use not more than 
10 percent of such funds for this purpose. 
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‘‘Subpart 3—General Provisions 
‘‘SEC. 2131. REPORTING REQUIREMENTS. 
‘‘(a) LOCAL EDUCATIONAL AGENCIES.—Each local 
educational agency receiving a subgrant under subpart 2 
shall submit to the State educational agency involved, on 
an annual basis until the last year in which the local edu-
cational agency receives such subgrant funds, a report on— 
‘‘(1) how the local educational agency is meeting 
the purposes of this part described in section 2101; 
‘‘(2) how the local educational agency is using 
such subgrant funds; 
‘‘(3) the number and percentage of teachers in 
each category established under clause (iii) of section 
2123(1)(A), except that such report shall not reveal 
personally identifiable information about an indi-
vidual teacher; and 
‘‘(4) any such other information as the State 
educational agency may require. 
‘‘(b) STATE EDUCATIONAL AGENCIES.—Each State 
educational agency receiving a grant under subpart 1 shall 
submit to the Secretary a report, on an annual basis until 
the last year in which the State educational agency receives 
such grant funds, on— 
‘‘(1) how the State educational agency is meeting 
the purposes of this part described in section 2101; 
and 
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‘‘(2) how the State educational agency is using 
such grant funds. 
‘‘SEC. 2132. NATIONAL ACTIVITIES. 
‘‘From the funds reserved by the Secretary under sec-
tion 2111(b)(1)(A), the Secretary shall, directly or through 
grants and contracts— 
‘‘(1) provide technical assistance to States and 
local educational agencies in carrying out activities 
under this part; and 
‘‘(2) acting through the Institute of Education 
Sciences, conduct national evaluations of activities 
carried out by State educational agencies and local 
educational agencies under this part. 
‘‘SEC. 2133. STATE DEFINED. 
‘‘In this part, the term ‘State’ means each of the 50 
States, the District of Columbia, and the Commonwealth 
of Puerto Rico.’’. 
(c) PART B.—Part B of title II (20 U.S.C. 6661 et 
seq.) is amended to read as follows: 
‘‘PART B—TEACHER AND SCHOOL LEADER 
FLEXIBLE GRANT 
‘‘SEC. 2201. PURPOSE. 
‘‘The purpose of this part is to improve student aca-
demic achievement in the core academic subjects by— 
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‘‘(1) supporting all State educational agencies, 
local educational agencies, schools, teachers, and 
school leaders to help all students meet the State’s 
academic standards; and 
‘‘(2) increasing the number of teachers and 
school leaders who are effective in increasing student 
academic achievement. 
‘‘Subpart 1—Formula Grants to States 
‘‘SEC. 2211. STATE ALLOTMENTS. 
‘‘(a) RESERVATIONS.—From the amount appropriated 
under section 3(a) for any fiscal year, the Secretary— 
‘‘(1) shall reserve 25 percent to award grants to 
States under this subpart; and 
‘‘(2) of the amount reserved under paragraph 
(1), shall reserve— 
‘‘(A) not more than 1 percent for national 
activities described in section 2233; 
‘‘(B) one-half of 1 percent for allotments to 
outlying areas on the basis of their relative need, 
as determined by the Secretary, in accordance 
with the purpose of this part; and 
‘‘(C) one-half of 1 percent for the Secretary 
of the Interior for programs under this part in 
schools operated or funded by the Bureau of In-
dian Education. 
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‘‘(b) STATE ALLOTMENTS.— 
‘‘(1) IN GENERAL.—From the total amount re-
served under subsection (a)(1) for each fiscal year and 
not reserved under subparagraphs (A) through (C) of 
subsection (a)(2), the Secretary shall allot, and make 
available in accordance with this section, to each 
State an amount that bears the same ratio to such 
sums as the school-age population of the State bears 
to the school-age population of all States. 
‘‘(2) SMALL STATE MINIMUM.—No State receiv-
ing an allotment under paragraph (1) may receive 
less than one-half of 1 percent of the total amount al-
lotted under such paragraph. 
‘‘(3) REALLOTMENT.—If a State does not receive 
an allotment under this subpart for a fiscal year, the 
Secretary shall reallot the amount of the State’s allot-
ment to the remaining States in accordance with this 
section. 
‘‘(c) STATE APPLICATION.—In order to receive an al-
lotment under this section for any fiscal year, a State shall 
submit an application to the Secretary, at such time and 
in such manner as the Secretary may reasonably require. 
Such application shall— 
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‘‘(1) designate the State educational agency as 
the agency responsible for the administration and su-
pervision of programs assisted under this part; 
‘‘(2) describe how the State educational agency 
will use funds received under this section for State 
level activities described in subsection (d)(3); 
‘‘(3) describe the procedures and criteria the 
State educational agency will use for reviewing appli-
cations and awarding subgrants to eligible entities 
under section 2221 on a competitive basis; 
‘‘(4) describe how the State educational agency 
will ensure that subgrants made under section 2221 
are of sufficient size and scope to support effective 
programs that will help increase academic achieve-
ment in the classroom and are consistent with the 
purposes of this part; 
‘‘(5) describe the steps the State educational 
agency will take to ensure that eligible entities use 
subgrant funds received under section 2221 to carry 
out programs that implement effective strategies, in-
cluding by providing ongoing technical assistance and 
training, and disseminating evidence-based and other 
effective strategies to such eligible entities; 
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‘‘(6) describe how programs under this part will 
be coordinated with other programs under this Act; 
and 
‘‘(7) include an assurance that, other than pro-
viding technical and advisory assistance and moni-
toring compliance with this part, the State edu-
cational agency has not exercised, and will not exer-
cise, any influence in the decision-making processes of 
eligible entities as to the expenditure of funds made 
pursuant to an application submitted under section 
2221(b). 
‘‘(d) STATE USE OF FUNDS.— 
‘‘(1) IN GENERAL.—Each State that receives an 
allotment under this section shall reserve not less than 
92 percent of the amount allotted to such State under 
subsection (b), for each fiscal year, for subgrants to el-
igible entities under subpart 2. 
‘‘(2) STATE
ADMINISTRATION.—A State edu-
cational agency may reserve not more than 1 percent 
of the amount made available to the State under sub-
section (b) for the administrative costs of carrying out 
such State educational agency’s responsibilities under 
this subpart. 
‘‘(3) STATE-LEVEL ACTIVITIES.— 
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‘‘(A) INNOVATIVE
TEACHER
AND
SCHOOL 
LEADER ACTIVITIES.—A State educational agen-
cy shall reserve not more than 4 percent of the 
amount made available to the State under sub-
section (b) to carry out 1 or more of the fol-
lowing activities: 
‘‘(i) Reforming teacher and school lead-
er certification, recertification, licensing, 
and tenure systems to ensure that— 
‘‘(I) each teacher has the subject 
matter knowledge and teaching skills 
necessary to help students meet the 
State’s academic standards; and 
‘‘(II) school leaders have the in-
structional leadership skills to help 
teachers instruct and students learn. 
‘‘(ii) Carrying out programs that es-
tablish, expand, or improve alternative 
routes for State certification or licensure of 
teachers and school leaders, including such 
programs for— 
‘‘(I) mid-career professionals from 
other occupations, including science, 
technology, 
engineering, 
and 
math 
fields; 
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‘‘(II) former military personnel; 
and 
‘‘(III) recent graduates of an in-
stitution of higher education, with a 
record of academic distinction, who 
demonstrate the potential to become ef-
fective teachers or school leaders. 
‘‘(iii) Developing, or assisting eligible 
entities in developing— 
‘‘(I) performance-based pay sys-
tems for teachers and school leaders; 
‘‘(II) strategies that provide dif-
ferential, incentive, or bonus pay for 
teachers; or 
‘‘(III) teacher advancement initia-
tives that promote professional growth 
and emphasize multiple career paths 
and pay differentiation. 
‘‘(iv) Developing, or assisting eligible 
entities in developing, new teacher and 
school leaders induction and mentoring pro-
grams that are designed to— 
‘‘(I) improve instruction and stu-
dent learning and achievement; and 
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‘‘(II) increase the retention of ef-
fective teachers and school leaders. 
‘‘(v) Providing professional develop-
ment for teachers and school leaders that is 
focused on— 
‘‘(I) improving teaching and stu-
dent learning and achievement in the 
core academic subjects; and 
‘‘(II) improving teaching, student 
learning, and achievement for students 
with disabilities, English learners, and 
other special populations. 
‘‘(vi) Providing training and technical 
assistance to eligible entities that receive a 
subgrant under section 2221. 
‘‘(vii) Other activities identified by the 
State educational agency that meet the pur-
poses of this part, including those activities 
authorized under subparagraph (B). 
‘‘(B) TEACHER OR SCHOOL LEADER PREPA-
RATION ACADEMIES.— 
‘‘(i) IN GENERAL.—In the case of a 
State in which teacher or school leader 
preparation academies are allowable under 
State law, a State educational agency may 
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