No Child Left Behind Act of 2001/Title II

TITLE II—PREPARING, TRAINING, AND RECRUITING HIGH QUALITY TEACHERS AND PRINCIPALS

SEC. 201. TEACHER AND PRINCIPAL TRAINING AND RECRUITING FUND.

Title II (20 U.S.C. 6601 et seq.) is amended to read as follows:

``TITLE II—PREPARING, TRAINING, AND RECRUITING HIGH QUALITY TEACHERS AND PRINCIPALS

``PART A—TEACHER AND PRINCIPAL TRAINING AND RECRUITING FUND

``SEC. 2101. PURPOSE.

``The purpose of this part is to provide grants to State educational agencies, local educational agencies, State agencies for higher education, and eligible partnerships in order to—

``(1) increase student academic achievement through strategies such as improving teacher and principal quality and increasing the number of highly qualified teachers in the classroom and highly qualified principals and assistant principals in schools; and

``(2) hold local educational agencies and schools accountable for improvements in student academic achievement.

``SEC. 2102. DEFINITIONS.

``In this part:

``(1) Arts and sciences.—The term `arts and sciences' means—

``(A) when referring to an organizational unit of an institution of higher education, any academic unit that offers one or more academic majors in disciplines or content areas corresponding to the academic subjects in which teachers teach; and

``(B) when referring to a specific academic subject, the disciplines or content areas in which an academic major is offered by an organizational unit described in subparagraph (A).

``(2) Charter school.—The term `charter school' has the meaning given the term in section 5210.

``(3) High-need local educational agency.—The term `high-need local educational agency' means a local educational agency—

``(A)(i) that serves not fewer than 10,000 children from families with incomes below the poverty line; or

``(ii) for which not less than 20 percent of the children served by the agency are from families with incomes below the poverty line; and

``(B)(i) for which there is a high percentage of teachers not teaching in the academic subjects or grade levels that the teachers were trained to teach; or

``(ii) for which there is a high percentage of teachers with emergency, provisional, or temporary certification or licensing.

``(4) Highly qualified paraprofessional.—The term `highly qualified paraprofessional' means a paraprofessional who has not less than 2 years of—

``(A) experience in a classroom; and

``(B) postsecondary education or demonstrated competence in a field or academic subject for which there is a significant shortage of qualified teachers.

``(5) Out-of-field teacher.—The term `out-of-field teacher' means a teacher who is teaching an academic subject or a grade level for which the teacher is not highly qualified.

``(6) Principal.—The term `principal' includes an assistant principal.

``SEC. 2103. AUTHORIZATIONS OF APPROPRIATIONS.

``(a) Grants to States, Local Educational Agencies, and Eligible Partnerships.—There are authorized to be appropriated to carry out this part (other than subpart 5) $3,175,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years.

``(b) National Programs.—There are authorized to be appropriated to carry out subpart 5 such sums as may be necessary for fiscal year 2002 and each of the 5 succeeding fiscal years.

``Subpart 1—Grants to States

``SEC. 2111. ALLOTMENTS TO STATES.

``(a) In General.—The Secretary shall make grants to States with applications approved under section 2112 to pay for the Federal share of the cost of carrying 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.—

``(1) Reservation of funds.—

``(A) In general.—From the total amount appropriated under section 2103(a) for a fiscal year, the Secretary shall reserve—

``(i) one-half of 1 percent for allotments for the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, to be distributed among those outlying areas on the basis of their relative need, as determined by the Secretary, in accordance with the purpose of this part; and

``(ii) 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 Indian Affairs.

``(2) State allotments.—

``(A) Hold harmless.—

``(i) In general.—Subject to subparagraph (B), from the funds appropriated under section 2103(a) for any fiscal year and not reserved under paragraph (1), the Secretary shall allot to each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico an amount equal to the total amount that such State received for fiscal year 2001 under—

``(I) section 2202(b) of this Act (as in effect on the day before the date of enactment of the No Child Left Behind Act of 2001); and

``(II) section 306 of the Department of Education Appropriations Act, 2001 (as enacted into law by section 1(a)(1) of Public Law 106-554).

``(ii) Ratable reduction.—If the funds described in clause (i) are insufficient to pay the full amounts that all States are eligible to receive under clause (i) for any fiscal year, the Secretary shall ratably reduce those amounts for the fiscal year.

``(B) Allotment of additional funds.—

``(i) In general.—Subject to clause (ii), for any fiscal year for which the funds appropriated under section 2103(a) and not reserved under paragraph (1) exceed the total amount required to make allotments under subparagraph (A), the Secretary shall allot to each of the States described in subparagraph (A) the sum of—

``(I) an amount that bears the same relationship to 35 percent of the excess amount 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 individuals in all such States, as so determined; and

``(II) an amount that bears the same relationship to 65 percent of the excess amount as the number of individuals age 5 through 17 from families with incomes below the poverty 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.

``(ii) Exception.—No State receiving an allotment under clause (i) may receive less than one-half of 1 percent of the total excess amount allotted under such clause for a fiscal year.

``(3) Reallotment.—If any State does not apply for an allotment under this subsection for any fiscal year, the Secretary shall reallot the amount of the allotment to the remaining States in accordance with this subsection.

``SEC. 2112. STATE APPLICATIONS.

``(a) In General.—For a State to be eligible to receive a grant under this part, the State educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require.

``(b) Contents.—Each application submitted under this section shall include the following:

``(1) A description of how the activities to be carried out by the State educational agency under this subpart will be based on a review of scientifically based research and an explanation of why the activities are expected to improve student academic achievement.

``(2) A description of how the State educational agency will ensure that a local educational agency receiving a subgrant to carry out subpart 2 will comply with the requirements of such subpart.

``(3) A description of how the State educational agency will ensure that activities assisted under this subpart are aligned with challenging State academic content and student academic achievement standards, State assessments, and State and local curricula.

``(4) A description of how the State educational agency will use funds under this part to improve the quality of the State's teachers and principals.

``(5)(A) A description of how the State educational agency will coordinate professional development activities authorized under this part with professional development activities provided under other Federal, State, and local programs.

``(B) A description of the comprehensive strategy that the State educational agency will use, as part of such coordination effort, to ensure that teachers are trained in the use of technology so that technology and applications of technology are effectively used in the classroom to improve teaching and learning in all curricula and academic subjects, as appropriate.

``(6) A description of how the State educational agency will encourage the development of proven, innovative strategies to deliver intensive professional development programs that are both cost-effective and easily accessible, such as strategies that involve delivery through the use of technology, peer networks, and distance learning.

``(7)(A) A description of how the State educational agency will ensure compliance with the requirements for professional development activities described in section 9101 and how the activities to be carried out under the grant will be developed collaboratively and based on the input of teachers, principals, parents, administrators, paraprofessionals, and other school personnel.

``(B) In the case of a State in which the State educational agency is not the entity responsible for teacher professional standards, certification, and licensing, an assurance that the State activities carried out under this subpart are carried out in conjunction with the entity responsible for such standards, certification, and licensing under State law.

``(8) A description of how the State educational agency will ensure that the professional development (including teacher mentoring) needs of teachers will be met using funds under this subpart and subpart 2.

``(9) A description of the State educational agency's annual measurable objectives under section 1119(a)(2).

``(10) A description of how the State educational agency will use funds under this part to meet the teacher and paraprofessional requirements of section 1119 and how the State educational agency will hold local educational agencies accountable for meeting the annual measurable objectives described in section 1119(a)(2).

``(11) In the case of a State that has a charter school law that exempts teachers from State certification and licensing requirements, the specific portion of the State law that provides for the exemption.

``(12) An assurance that the State educational agency will comply with section 9501 (regarding participation by private school children and teachers).

``(c) Deemed Approval.—An application submitted by a State educational agency pursuant to subsection (a) shall be deemed to be approved by the Secretary unless the Secretary makes a written determination, prior to the expiration 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.

``(d) Disapproval.—The Secretary shall not finally disapprove the application, except after giving the State educational agency notice and an opportunity for a hearing.

``(e) Notification.—If the Secretary finds that the 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 application that are not in compliance; and

``(B) request additional information, only as to the noncompliant provisions, needed to make the application compliant.

``(f) Response.—If the State educational agency responds to the Secretary's notification described in subsection (e)(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 subsection (e)(2)(B), the Secretary shall approve or disapprove such application prior to the later of—

``(1) the expiration of the 45-day period beginning on the date on which the application is resubmitted; or

``(2) the expiration of the 120-day period described in subsection (c).

``(g) Failure To Respond.—If the State educational agency does not respond to the Secretary's notification described in subsection (e)(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 that receives a grant under section 2111 shall—

``(1) reserve 95 percent of the funds made available through the grant to make subgrants to local educational agencies as described in subpart 2;

``(2) reserve 2.5 percent (or, for a fiscal year described in subsection (b), the percentage determined under subsection (b)) of the funds to make subgrants to local partnerships as described in subpart 3; and

``(3) use the remainder of the funds for State activities described in subsection (c).

``(b) Special Rule.—For any fiscal year for which the total amount that would be reserved by all States under subsection (a)(2), if the States applied a 2.5 percentage rate, exceeds $125,000,000, the Secretary shall determine an alternative percentage that the States shall apply for that fiscal year under subsection (a)(2) so that the total amount reserved by all States under subsection (a)(2) equals $125,000,000.

``(c) State Activities.—The State educational agency for a State that receives a grant under section 2111 shall use the funds described in subsection (a)(3) to carry out one or more of the following activities, which may be carried out through a grant or contract with a for-profit or nonprofit entity:

``(1) Reforming teacher and principal certification (including recertification) or licensing requirements to ensure that—

``(A)(i) teachers have the necessary subject matter knowledge and teaching skills in the academic subjects that the teachers teach; and

``(ii) principals have the instructional leadership skills to help teachers teach and students learn;

``(B) teacher certification (including recertification) or licensing requirements are aligned with challenging State academic content standards; and

``(C) teachers have the subject matter knowledge and teaching skills, including technology literacy, and principals have the instructional leadership skills, necessary to help students meet challenging State student academic achievement standards.

``(2) Carrying out programs that provide support to teachers or principals, including support for teachers and principals new to their profession, such as programs that—

``(A) provide teacher mentoring, team teaching, reduced class schedules, and intensive professional development; and

``(B) use standards or assessments for guiding beginning teachers that are consistent with challenging State student academic achievement standards and with the requirements for professional development activities described in section 9101.

``(3) Carrying out programs that establish, expand, or improve alternative routes for State certification of teachers and principals, especially in the areas of mathematics and science, for highly qualified individuals with a baccalaureate or master's degree, including mid-career professionals from other occupations, paraprofessionals, former military personnel, and recent college or university graduates with records of academic distinction who demonstrate the potential to become highly effective teachers or principals.

``(4) Developing and implementing mechanisms to assist local educational agencies and schools in effectively recruiting and retaining highly qualified teachers, including specialists in core academic subjects, principals, and pupil services personnel, except that funds made available under this paragraph may be used for pupil services personnel only—

``(A) if the State educational agency is making progress toward meeting the annual measurable objectives described in section 1119(a)(2); and

``(B) in a manner consistent with mechanisms to assist local educational agencies and schools in effectively recruiting and retaining highly qualified teachers and principals.

``(5) Reforming tenure systems, implementing teacher testing for subject matter knowledge, and implementing teacher testing for State certification or licensing, consistent with title II of the Higher Education Act of 1965.

``(6) Providing professional development for teachers and principals and, in cases in which a State educational agency determines support to be appropriate, supporting the participation of pupil services personnel in the same type of professional development activities as are made available to teachers and principals.

``(7) Developing systems to measure the effectiveness of specific professional development programs and strategies to document gains in student academic achievement or increases in teacher mastery of the academic subjects the teachers teach.

``(8) Fulfilling the State educational agency's responsibilities concerning proper and efficient administration of the programs carried out under this part, including provision of technical assistance to local educational agencies.

``(9) Funding projects to promote reciprocity of teacher and principal certification or licensing between or among States, except that no reciprocity agreement developed under this paragraph or developed using funds provided under this part may lead to the weakening of any State teaching certification or licensing requirement.

``(10) Developing or assisting local educational agencies in the development and use of proven, innovative strategies to deliver intensive professional development programs that are both cost-effective and easily accessible, such as strategies that involve delivery through the use of technology, peer networks, and distance learning.

``(11) Encouraging and supporting the training of teachers and administrators to effectively integrate technology into curricula and instruction, including training to improve the ability to collect, manage, and analyze data to improve teaching, decisionmaking, school improvement efforts, and accountability.

``(12) Developing, or assisting local educational agencies in developing, merit-based performance systems, and strategies that provide differential and bonus pay for teachers in high-need academic subjects such as reading, mathematics, and science and teachers in high-poverty schools and districts.

``(13) Providing assistance to local educational agencies for the development and implementation of professional development programs for principals that enable the principals to be effective school leaders and prepare all students to meet challenging State academic content and student academic achievement standards, and the development and support of school leadership academies to help exceptionally talented aspiring or current principals and superintendents become outstanding managers and educational leaders.

``(14) Developing, or assisting local educational agencies in developing, teacher advancement initiatives that promote professional growth and emphasize multiple career paths (such as paths to becoming a career teacher, mentor teacher, or exemplary teacher) and pay differentiation.

``(15) Providing assistance to teachers to enable them to meet certification, licensing, or other requirements needed to become highly qualified by the end of the fourth year for which the State receives funds under this part (as amended by the No Child Left Behind Act of 2001).

``(16) Supporting activities that ensure that teachers are able to use challenging State academic content standards and student academic achievement standards, and State assessments, to improve instructional practices and improve student academic achievement.

``(17) Funding projects and carrying out programs to encourage men to become elementary school teachers.

``(18) Establishing and operating a center that—

``(A) serves as a statewide clearinghouse for the recruitment and placement of kindergarten, elementary school, and secondary school teachers; and

``(B) establishes and carries out programs to improve teacher recruitment and retention within the State.

``(d) Administrative Costs.—A State educational agency or State agency for higher education receiving a grant under this part may use not more than 1 percent of the grant funds for planning and administration related to carrying out activities under subsection (c) and subpart 3.

``(e) Coordination.—A State that receives a grant to carry out this subpart and a grant under section 202 of the Higher Education Act of 1965 shall coordinate the activities carried out under this subpart and the activities carried out under that section.

``(f) Supplement, Not Supplant.—Funds received under this subpart shall be used to supplement, and not supplant, non-Federal funds that would otherwise be used for activities authorized under this subpart.

``Subpart 2—Subgrants to Local Educational Agencies

``SEC. 2121. ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES.

``(a) Subgrants to Local Educational Agencies.—

``(1) In general.—The Secretary may make a grant to a State under subpart 1 only if the State educational agency agrees to distribute the funds described in this subsection as subgrants to local educational agencies under this subpart.

``(2) Hold harmless.—

``(A) In general.—From the funds reserved by a State under section 2113(a)(1), the State educational agency shall allocate to each local educational agency in the State an amount equal to the total amount that such agency received for fiscal year 2001 under—

``(i) section 2203(1)(B) of this Act (as in effect on the day before the date of enactment of the No Child Left Behind Act of 2001); and

``(ii) section 306 of the Department of Education Appropriations Act, 2001 (as enacted into law by section 1(a)(1) of Public Law 106-554).

``(B) Nonparticipating agencies.—In the case of a local educational agency that did not receive any funds for fiscal year 2001 under one or both of the provisions referred to in clauses (i) and (ii) of subparagraph (A), the amount allocated to the agency under such subparagraph shall be the total amount that the agency would have received for fiscal year 2001 if the agency had elected to participate in all of the programs for which the agency was eligible under each of the provisions referred to in those clauses.

``(C) Ratable reduction.—If the funds described in subparagraph (A) are insufficient to pay the full amounts that all local educational agencies in the State are eligible to receive under subparagraph (A) for any fiscal year, the State educational agency shall ratably reduce such amounts for the fiscal year.

``(3) Allocation of additional funds.—For any fiscal year for which the funds reserved by a State under section 2113(a)(1) exceed the total amount required to make allocations under paragraph (2), the State educational agency shall allocate to each of the eligible local educational agencies in the State the sum of—

``(A) an amount that bears the same relationship to 20 percent of the excess amount as the number of individuals age 5 through 17 in the geographic area served by the agency, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in the geographic areas served by all the local educational agencies in the State, as so determined; and

``(B) an amount that bears the same relationship to 80 percent of the excess amount as the number of individuals age 5 through 17 from families with incomes below the poverty line in the geographic area served by the agency, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in the geographic areas served by all the local educational agencies in the State, as so determined.

``SEC. 2122. LOCAL APPLICATIONS AND NEEDS ASSESSMENT.

``(a) In General.—To be eligible to receive a subgrant under this subpart, a local educational agency shall submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may reasonably require.

``(b) Contents.—Each application submitted under this section shall be based on the needs assessment required in subsection (c) and shall include the following:

``(1)(A) A description of the activities to be carried out by the local educational agency under this subpart and how these activities will be aligned with—

``(i) challenging State academic content standards and student academic achievement standards, and State assessments; and

``(ii) the curricula and programs tied to the standards described in clause (i).

``(B) A description of how the activities will be based on a review of scientifically based research and an explanation of why the activities are expected to improve student academic achievement.

``(2) A description of how the activities will have a substantial, measurable, and positive impact on student academic achievement and how the activities will be used as part of a broader strategy to eliminate the achievement gap that separates low-income and minority students from other students.

``(3) An assurance that the local educational agency will target funds to schools within the jurisdiction of the local educational agency that—

``(A) have the lowest proportion of highly qualified teachers;

``(B) have the largest average class size; or

``(C) are identified for school improvement under section 1116(b).

``(4) A description of how the local educational agency will coordinate professional development activities authorized under this subpart with professional development activities provided through other Federal, State, and local programs.

``(5) A description of the professional development activities that will be made available to teachers and principals under this subpart and how the local educational agency will ensure that the professional development (which may include teacher mentoring) needs of teachers and principals will be met using funds under this subpart.

``(6) A description of how the local educational agency will integrate funds under this subpart with funds received under part D that are used for professional development to train teachers to integrate technology into curricula and instruction to improve teaching, learning, and technology literacy.

``(7) A description of how the local educational agency, teachers, paraprofessionals, principals, other relevant school personnel, and parents have collaborated in the planning of activities to be carried out under this subpart and in the preparation of the application.

``(8) A description of the results of the needs assessment described in subsection (c).

``(9) A description of how the local educational agency will provide training to enable teachers to—

``(A) teach and address the needs of students with different learning styles, particularly students with disabilities, students with special learning needs (including students who are gifted and talented), and students with limited English proficiency;

``(B) improve student behavior in the classroom and identify early and appropriate interventions to help students described in subparagraph (A) learn;

``(C) involve parents in their child's education; and

``(D) understand and use data and assessments to improve classroom practice and student learning.

``(10) A description of how the local educational agency will use funds under this subpart to meet the requirements of section 1119.

``(11) An assurance that the local educational agency will comply with section 9501 (regarding participation by private school children and teachers).

``(c) Needs Assessment.—

``(1) In general.—To be eligible to receive a subgrant under this subpart, a local educational agency shall conduct an assessment of local needs for professional development and hiring, as identified by the local educational agency and school staff.

``(2) Requirements.—Such needs assessment shall be conducted with the involvement of teachers, including teachers participating in programs under part A of title I, and shall take into account the activities that need to be conducted in order to give teachers the means, including subject matter knowledge and teaching skills, and to give principals the instructional leadership skills to help teachers, to provide students with the opportunity to meet challenging State and local student academic achievement standards.

``SEC. 2123. LOCAL USE OF FUNDS.

``(a) In General.—A local educational agency that receives a subgrant under section 2121 shall use the funds made available through the subgrant to carry out one or more of the following activities, including carrying out the activities through a grant or contract with a for-profit or nonprofit entity:

``(1) Developing and implementing mechanisms to assist schools in effectively recruiting and retaining highly qualified teachers, including specialists in core academic subjects, principals, and pupil services personnel, except that funds made available under this paragraph may be used for pupil services personnel only—

``(A) if the local educational agency is making progress toward meeting the annual measurable objectives described in section 1119(a)(2); and

``(B) in a manner consistent with mechanisms to assist schools in effectively recruiting and retaining highly qualified teachers and principals.

``(2) Developing and implementing initiatives to assist in recruiting highly qualified teachers (particularly initiatives that have proven effective in retaining highly qualified teachers), and hiring highly qualified teachers, who will be assigned teaching positions within their fields, including—

``(A) providing scholarships, signing bonuses, or other financial incentives, such as differential pay, for teachers to teach—

``(i) in academic subjects in which there exists a shortage of highly qualified teachers within a school or within the local educational agency; and

``(ii) in schools in which there exists a shortage of highly qualified teachers;

``(B) recruiting and hiring highly qualified teachers to reduce class size, particularly in the early grades; and

``(C) establishing programs that—

``(i) train and hire regular and special education teachers (which may include hiring special education teachers to team-teach in classrooms that contain both children with disabilities and nondisabled children);

``(ii) train and hire highly qualified teachers of special needs children, as well as teaching specialists in core academic subjects who will provide increased individualized instruction to students;

``(iii) recruit qualified professionals from other fields, including highly qualified paraprofessionals, and provide such professionals with alternative routes to teacher certification, including developing and implementing hiring policies that ensure comprehensive recruitment efforts as a way to expand the applicant pool, such as through identifying teachers certified through alternative routes, and using a system of intensive screening designed to hire the most qualified applicants; and

``(iv) provide increased opportunities for minorities, individuals with disabilities, and other individuals underrepresented in the teaching profession.

``(3) Providing professional development activities—

``(A) that improve the knowledge of teachers and principals and, in appropriate cases, paraprofessionals, concerning—

``(i) one or more of the core academic subjects that the teachers teach; and

``(ii) effective instructional strategies, methods, and skills, and use of challenging State academic content standards and student academic achievement standards, and State assessments, to improve teaching practices and student academic achievement; and

``(B) that improve the knowledge of teachers and principals and, in appropriate cases, paraprofessionals, concerning effective instructional practices and that—

``(i) involve collaborative groups of teachers and administrators;

``(ii) provide training in how to teach and address the needs of students with different learning styles, particularly students with disabilities, students with special learning needs (including students who are gifted and talented), and students with limited English proficiency;

``(iii) provide training in methods of—

``(I) improving student behavior in the classroom; and

``(II) identifying early and appropriate interventions to help students described in clause (ii) learn;

``(iv) provide training to enable teachers and principals to involve parents in their child's education, especially parents of limited English proficient and immigrant children; and

``(v) provide training on how to understand and use data and assessments to improve classroom practice and student learning.

``(4) Developing and implementing initiatives to promote retention of highly qualified teachers and principals, particularly within elementary schools and secondary schools with a high percentage of low-achieving students, including programs that provide—

``(A) teacher mentoring from exemplary teachers, principals, or superintendents;

``(B) induction and support for teachers and principals during their first 3 years of employment as teachers or principals, respectively;

``(C) incentives, including financial incentives, to retain teachers who have a record of success in helping low-achieving students improve their academic achievement; or

``(D) incentives, including financial incentives, to principals who have a record of improving the academic achievement of all students, but particularly students from economically disadvantaged families, students from racial and ethnic minority groups, and students with disabilities.

``(5) Carrying out programs and activities that are designed to improve the quality of the teacher force, such as—

``(A) innovative professional development programs (which may be provided through partnerships including institutions of higher education), including programs that train teachers and principals to integrate technology into curricula and instruction to improve teaching, learning, and technology literacy, are consistent with the requirements of section 9101, and are coordinated with activities carried out under part D;

``(B) development and use of proven, cost-effective strategies for the implementation of professional development activities, such as through the use of technology and distance learning;

``(C) tenure reform;

``(D) merit pay programs; and

``(E) testing of elementary school and secondary school teachers in the academic subjects that the teachers teach.

``(6) Carrying out professional development activities designed to improve the quality of principals and superintendents, including the development and support of academies to help talented aspiring or current principals and superintendents become outstanding managers and educational leaders.

``(7) Hiring highly qualified teachers, including teachers who become highly qualified through State and local alternative routes to certification, and special education teachers, in order to reduce class size, particularly in the early grades.

``(8) Carrying out teacher advancement initiatives that promote professional growth and emphasize multiple career paths (such as paths to becoming a career teacher, mentor teacher, or exemplary teacher) and pay differentiation.

``(10) Carrying out programs and activities related to exemplary teachers.

``(b) Supplement, Not Supplant.—Funds received under this subpart shall be used to supplement, and not supplant, non-Federal funds that would otherwise be used for activities authorized under this subpart.

``Subpart 3—Subgrants to Eligible Partnerships

``SEC. 2131. DEFINITIONS.

``In this subpart:

``(1) Eligible partnership.—The term `eligible partnership' means an entity that—

``(A) shall include—

``(i) a private or State institution of higher education and the division of the institution that prepares teachers and principals;

``(ii) a school of arts and sciences; and

``(iii) a high-need local educational agency; and

``(B) may include another local educational agency, a public charter school, an elementary school or secondary school, an educational service agency, a nonprofit educational organization, another institution of higher education, a school of arts and sciences within such an institution, the division of such an institution that prepares teachers and principals, a nonprofit cultural organization, an entity carrying out a prekindergarten program, a teacher organization, a principal organization, or a business.

``(2) Low-performing school.—The term `low-performing school' means an elementary school or secondary school that is identified under section 1116.

``SEC. 2132. SUBGRANTS.

``(a) In General.—The State agency for higher education for a State that receives a grant under section 2111, working in conjunction with the State educational agency (if such agencies are separate), shall use the funds reserved under section 2113(a)(2) to make subgrants, on a competitive basis, to eligible partnerships to enable such partnerships to carry out the activities described in section 2134.

``(b) Distribution.—The State agency for higher education shall ensure that—

``(1) such subgrants are equitably distributed by geographic area within a State; or

``(2) eligible partnerships in all geographic areas within the State are served through the subgrants.

``(c) Special Rule.—No single participant in an eligible partnership may use more than 50 percent of the funds made available to the partnership under this section.

``SEC. 2133. APPLICATIONS.

``To be eligible to receive a subgrant under this subpart, an eligible partnership shall submit an application to the State agency for higher education at such time, in such manner, and containing such information as the agency may require.

``SEC. 2134. USE OF FUNDS.

``(a) In General.—An eligible partnership that receives a subgrant under section 2132 shall use the subgrant funds for—

``(1) professional development activities in core academic subjects to ensure that—

``(A) teachers and highly qualified paraprofessionals, and, if appropriate, principals have subject matter knowledge in the academic subjects that the teachers teach, including the use of computer related technology to enhance student learning; and

``(B) principals have the instructional leadership skills that will help such principals work most effectively with teachers to help students master core academic subjects; and

``(2) developing and providing assistance to local educational agencies and individuals who are teachers, highly qualified paraprofessionals, or principals of schools served by such agencies, for sustained, high-quality professional development activities that—

``(A) ensure that the individuals are able to use challenging State academic content standards and student academic achievement standards, and State assessments, to improve instructional practices and improve student academic achievement;

``(B) may include intensive programs designed to prepare such individuals who will return to a school to provide instruction related to the professional development described in subparagraph (A) to other such individuals within such school; and

``(C) may include activities of partnerships between one or more local educational agencies, one or more schools served by such local educational agencies, and one or more institutions of higher education for the purpose of improving teaching and learning at low-performing schools.

``(b) Coordination.—An eligible partnership that receives a subgrant to carry out this subpart and a grant under section 203 of the Higher Education Act of 1965 shall coordinate the activities carried out under this subpart and the activities carried out under that section 203.

``Subpart 4—Accountability

``SEC. 2141. TECHNICAL ASSISTANCE AND ACCOUNTABILITY.

``(a) Improvement Plan.—After the second year of the plan described in section 1119(a)(2), if a State educational agency determines, based on the reports described in section 1119(b)(1), that a local educational agency in the State has failed to make progress toward meeting the annual measurable objectives described in section 1119(a)(2), for 2 consecutive years, such local educational agency shall develop an improvement plan that will enable the agency to meet such annual measurable objectives and that specifically addresses issues that prevented the agency from meeting such annual measurable objectives.

``(b) Technical Assistance.—During the development of the improvement plan described in subsection (a) and throughout implementation of the plan, the State educational agency shall—

``(1) provide technical assistance to the local educational agency; and

``(2) provide technical assistance, if applicable, to schools served by the local educational agency that need assistance to enable the local educational agency to meet the annual measurable objectives described in section 1119(a)(2).

``(c) Accountability.—After the third year of the plan described in section 1119(a)(2), if the State educational agency determines, based on the reports described in section 1119(b)(1), that the local educational agency has failed to make progress toward meeting the annual measurable objectives described in section 1119(a)(2), and has failed to make adequate yearly progress as described under section 1111(b)(2)(B), for 3 consecutive years, the State educational agency shall enter into an agreement with such local educational agency on the use of that agency's funds under this part. As part of this agreement, the State educational agency—

``(1) shall develop, in conjunction with the local educational agency, teachers, and principals, professional development strategies and activities, based on scientifically based research, that the local educational agency will use to meet the annual measurable objectives described in section 1119(a)(2) and require such agency to utilize such strategies and activities; and

``(2)(A) except as provided in subparagraphs (B) and (C), shall prohibit the use of funds received under part A of title I to fund any paraprofessional hired after the date such determination is made;

``(B) shall allow the use of such funds to fund a paraprofessional hired after that date if the local educational agency can demonstrate that the hiring is to fill a vacancy created by the departure of another paraprofessional funded under title I and such new paraprofessional satisfies the requirements of section 1119(c); and

``(C) may allow the use of such funds to fund a paraprofessional hired after that date if the local educational agency can demonstrate—

``(i) that a significant influx of population has substantially increased student enrollment; or

``(ii) that there is an increased need for translators or assistance with parental involvement activities.

``(d) Special Rule.—During the development of the strategies and activities described in subsection (c)(1), the State educational agency shall, in conjunction with the local educational agency, provide from funds allocated to such local educational agency under subpart 2 directly to one or more schools served by such local educational agency, to enable teachers at the schools to choose, with continuing consultation with the principal involved, professional development activities that—

``(1) meet the requirements for professional development activities described in section 9101; and

``(2) are coordinated with other reform efforts at the schools.

``Subpart 5—National Activities

``SEC. 2151. NATIONAL ACTIVITIES OF DEMONSTRATED EFFECTIVENESS.

``(a) National Teacher Recruitment Campaign.—The Secretary is authorized to establish and carry out a national teacher recruitment campaign, which may include activities carried out through the National Teacher Recruitment Clearinghouse, to assist high-need local educational agencies in recruiting teachers (particularly those activities that are effective in retaining new teachers) and training teachers and to conduct a national public service campaign concerning the resources for, and the routes to, entering the field of teaching. In carrying out the campaign, the Secretary may promote and link the activities of the campaign to the information and referral activities of the National Teacher Recruitment Clearinghouse. The Secretary shall coordinate activities under this subsection with State and regional recruitment activities.

``(b) School Leadership.—

``(1) In general.—The Secretary is authorized to establish and carry out a national principal recruitment program to assist high-need local educational agencies in recruiting and training principals (including assistant principals) through such activities as—

``(A) providing financial incentives to aspiring new principals;

``(B) providing stipends to principals who mentor new principals;

``(C) carrying out professional development programs in instructional leadership and management; and

``(D) providing incentives that are appropriate for teachers or individuals from other fields who want to become principals and that are effective in retaining new principals.

``(2) Grants.—If the Secretary uses sums made available under section 2103(b) to carry out paragraph (1), the Secretary shall carry out such paragraph by making grants, on a competitive basis, to—

``(A) high-need local educational agencies;

``(B) consortia of high-need local educational agencies; and

``(C) partnerships of high-need local educational agencies, nonprofit organizations, and institutions of higher education.

``(c) Advanced Certification or Advanced Credentialing.—

``(1) In general.—The Secretary is authorized to support activities to encourage and support teachers seeking advanced certification or advanced credentialing through high quality professional teacher enhancement programs designed to improve teaching and learning.

``(2) Implementation.—In carrying out paragraph (1), the Secretary shall make grants to eligible entities to—

``(A) develop teacher standards that include measures tied to increased student academic achievement; and

``(B) promote outreach, teacher recruitment, teacher subsidy, or teacher support programs, related to teacher certification or credentialing by the National Board for Professional Teaching Standards, the National Council on Teacher Quality, or other nationally recognized certification or credentialing organizations.

``(3) Eligible entities.—In this subsection, the term `eligible entity' includes—

``(A) a State educational agency;

``(B) a local educational agency;

``(C) the National Board for Professional Teaching Standards, in partnership with a high-need local educational agency or a State educational agency;

``(D) the National Council on Teacher Quality, in partnership with a high-need local educational agency or a State educational agency; or

``(E) another recognized entity, including another recognized certification or credentialing organization, in partnership with a high-need local educational agency or a State educational agency.

``(d) Special Education Teacher Training.—The Secretary is authorized to award a grant to the University of Northern Colorado to enable such university to provide, to other institutions of higher education, assistance in training special education teachers.

``(e) Early Childhood Educator Professional Development.—

``(1) Purpose.—The purpose of this subsection is to enhance the school readiness of young children, particularly disadvantaged young children, and to prevent young children from encountering difficulties once the children enter school, by improving the knowledge and skills of early childhood educators who work in communities that have high concentrations of children living in poverty.

``(2) Program authorized.—

``(A) Grants to partnerships.—The Secretary is authorized to carry out the purpose of this subsection by awarding grants, on a competitive basis, to partnerships consisting of—

``(i)(I) one or more institutions of higher education that provide professional development for early childhood educators who work with children from low-income families in high-need communities; or

``(II) another public or private entity that provides such professional development;

``(ii) one or more public agencies (including local educational agencies, State educational agencies, State human services agencies, and State and local agencies administering programs under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), Head Start agencies, or private organizations; and

``(iii) to the extent feasible, an entity with demonstrated experience in providing training to educators in early childhood education programs concerning identifying and preventing behavior problems or working with children identified as or suspected to be victims of abuse.

``(B) Duration and number of grants.—

``(i) Duration.—The Secretary shall award grants under this subsection for periods of not more than 4 years.

``(ii) Number.—No partnership may receive more than one grant under this subsection.

``(3) Applications.—

``(A) Applications required.—Any partnership that desires to receive a grant under this subsection shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.

``(B) Contents.—Each such application shall include—

``(i) a description of the high-need community to be served by the project proposed to be carried out through the grant, including such demographic and socioeconomic information as the Secretary may request;

``(ii) information on the quality of the early childhood educator professional development program currently conducted (as of the date of the submission of the application) by the institution of higher education or another provider in the partnership;

``(iii) the results of a needs assessment that the entities in the partnership have undertaken to determine the most critical professional development needs of the early childhood educators to be served by the partnership and in the broader community, and a description of how the proposed project will address those needs;

``(iv) a description of how the proposed project will be carried out, including a description of—

``(I) how individuals will be selected to participate;

``(II) the types of professional development activities, based on scientifically based research, that will be carried out;

``(III) how research on effective professional development and on adult learning will be used to design and deliver project activities;

``(IV) how the project will be coordinated with and build on, and will not supplant or duplicate, early childhood education professional development activities in the high-need community;

``(V) how the project will train early childhood educators to provide developmentally appropriate school-readiness services that are based on the best available research on early childhood pedagogy and child development and learning domains;

``(VI) how the project will train early childhood educators to meet the diverse educational needs of children in the community, including children who have limited English proficiency, children with disabilities, or children with other special needs; and

``(VII) how the project will train early childhood educators in identifying and preventing behavioral problems in children or working with children identified as or suspected to be victims of abuse;

``(v) a description of—

``(I) the specific objectives that the partnership will seek to attain through the project, and the methods that the partnership will use to measure progress toward attainment of those objectives; and

``(II) how the objectives and the measurement methods align with the achievement indicators established by the Secretary under paragraph (6)(A);

``(vi) a description of the partnership's plan for continuing the activities carried out under the project after Federal funding ceases;

``(vii) an assurance that, where applicable, the project will provide appropriate professional development to volunteers working directly with young children, as well as to paid staff; and

``(viii) an assurance that, in developing the application and in carrying out the project, the partnership has consulted with, and will consult with, relevant agencies, early childhood educator organizations, and early childhood providers that are not members of the partnership.

``(4) Selection of grant recipients.—

``(A) Criteria.—The Secretary shall select partnerships to receive grants under this subsection on the basis of the degree to which the communities proposed to be served require assistance and the quality of the applications submitted under paragraph (3).

``(B) Geographic distribution.—In selecting partnerships to receive grants under this subsection, the Secretary shall seek to ensure that communities in different regions of the Nation, as well as both urban and rural communities, are served.

``(5) Uses of funds.—

``(A) In general.—Each partnership receiving a grant under this subsection shall use the grant funds to carry out activities that will improve the knowledge and skills of early childhood educators who are working in early childhood programs that are located in high-need communities and serve concentrations of children from low-income families.

``(B) Allowable activities.—Such activities may include—

``(i) professional development for early childhood educators, particularly to familiarize those educators with the application of recent research on child, language, and literacy development and on early childhood pedagogy;

``(ii) professional development for early childhood educators in working with parents, so that the educators and parents can work together to provide and support developmentally appropriate school-readiness services that are based on scientifically based research on early childhood pedagogy and child development and learning domains;

``(iii) professional development for early childhood educators to work with children who have limited English proficiency, children with disabilities, and children with other special needs;

``(iv) professional development to train early childhood educators in identifying and preventing behavioral problems in children or working with children identified as or suspected to be victims of abuse;

``(v) activities that assist and support early childhood educators during their first 3 years in the field;

``(vi) development and implementation of early childhood educator professional development programs that make use of distance learning and other technologies;

``(vii) professional development activities related to the selection and use of screening and diagnostic assessments to improve teaching and learning; and

``(viii) data collection, evaluation, and reporting needed to meet the requirements of paragraph (6) relating to accountability.

``(6) Accountability.—

``(A) Achievement indicators.—On the date on which the Secretary first issues a notice soliciting applications for grants under this subsection, the Secretary shall announce achievement indicators for this subsection, which shall be designed—

``(i) to measure the quality and accessibility of the professional development provided;

``(ii) to measure the impact of that professional development on the early childhood education provided by the individuals who receive the professional development; and

``(iii) to provide such other measures of program impact as the Secretary determines to be appropriate.

``(B) Annual reports; termination.—

``(i) Annual reports.—Each partnership receiving a grant under this subsection shall report annually to the Secretary on the partnership's progress toward attaining the achievement indicators.

``(ii) Termination.—The Secretary may terminate a grant under this subsection at any time if the Secretary determines that the partnership receiving the grant is not making satisfactory progress toward attaining the achievement indicators.

``(7) Cost-sharing.—

``(A) In general.—Each partnership carrying out a project through a grant awarded under this subsection shall provide, from sources other than the program carried out under this subsection, which may include Federal sources—

``(i) at least 50 percent of the total cost of the project for the grant period; and

``(ii) at least 20 percent of the project cost for each year.

``(B) Acceptable contributions.—A partnership may meet the requirements of subparagraph (A) by providing contributions in cash or in kind, fairly evaluated, including plant, equipment, and services.

``(C) Waivers.—The Secretary may waive or modify the requirements of subparagraph (A) for partnerships in cases of demonstrated financial hardship.

``(8) Federal coordination.—The Secretary and the Secretary of Health and Human Services shall coordinate activities carried out through programs under this subsection with activities carried out through other early childhood programs administered by the Secretary or the Secretary of Health and Human Services.

``(9) Definitions.—In this subsection:

``(A) Early childhood educator.—The term `early childhood educator' means a person providing, or employed by a provider of, nonresidential child care services (including center-based, family-based, and in-home child care services) that is legally operating under State law, and that complies with applicable State and local requirements for the provision of child care services to children at any age from birth through the age at which a child may start kindergarten in that State.

``(B) High-need community.—

``(i) In general.—The term `high-need community' means—

``(I) a political subdivision of a State, or a portion of a political subdivision of a State, in which at least 50 percent of the children are from low-income families; or

``(II) a political subdivision of a State that is among the 10 percent of political subdivisions of the State having the greatest numbers of such children.

``(ii) Determination.—In determining which communities are described in clause (i), the Secretary shall use such data as the Secretary determines are most accurate and appropriate.

``(C) Low-income family.—The term `low-income family' means a family with an income below the poverty line for the most recent fiscal year for which satisfactory data are available.

``(f) Teacher Mobility.—

``(1) Establishment.—The Secretary is authorized to establish a panel to be known as the National Panel on Teacher Mobility (referred to in this subsection as the `panel').

``(2) Membership.—The panel shall be composed of 12 members appointed by the Secretary. The Secretary shall appoint the members from among practitioners and experts with experience relating to teacher mobility, such as teachers, members of teacher certification or licensing bodies, faculty of institutions of higher education that prepare teachers, and State policymakers with such experience.

``(3) Period of appointment; vacancies.—Members shall be appointed for the life of the panel. Any vacancy in the panel shall not affect the powers of the panel, but shall be filled in the same manner as the original appointment.

``(4) Duties.—

``(A) Study.—

``(i) In general.—The panel shall study strategies for increasing mobility and employment opportunities for highly qualified teachers, especially for States with teacher shortages and States with school districts or schools that are difficult to staff.

``(ii) Data and analysis.—As part of the study, the panel shall evaluate the desirability and feasibility of State initiatives that support teacher mobility by collecting data and conducting effective analysis concerning—

``(I) teacher supply and demand;

``(II) the development of recruitment and hiring strategies that support teachers; and

``(III) increasing reciprocity of certification and licensing across States.

``(B) report.—Not later than 1 year after the date on which all members of the panel have been appointed, the panel shall submit to the Secretary and to the appropriate committees of Congress a report containing the results of the study.

``(5) Powers.—

``(A) Hearings.—The panel may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the panel considers advisable to carry out the objectives of this subsection.

``(B) Information from federal agencies.—The panel may secure directly from any Federal department or agency such information as the panel considers necessary to carry out the provisions of this subsection. Upon request of a majority of the members of the panel, the head of such department or agency shall furnish such information to the panel.

``(C) Postal services.—The panel may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government.

``(6) Personnel.—

``(A) Travel expenses.—The members of the panel shall not receive compensation for the performance of services for the panel, but shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the panel. Notwithstanding section 1342 of title 31, United States Code, the Secretary may accept the voluntary and uncompensated services of members of the panel.

``(B) Detail of government employees.—Any Federal Government employee may be detailed to the panel without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege.

``(7) Permanent committee.—Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the panel.

``PART B—MATHEMATICS AND SCIENCE PARTNERSHIPS

``SEC. 2201. PURPOSE; DEFINITIONS.

``(a) Purpose.—The purpose of this part is to improve the academic achievement of students in the areas of mathematics and science by encouraging State educational agencies, institutions of higher education, local educational agencies, elementary schools, and secondary schools to participate in programs that—

``(1) improve and upgrade the status and stature of mathematics and science teaching by encouraging institutions of higher education to assume greater responsibility for improving mathematics and science teacher education through the establishment of a comprehensive, integrated system of recruiting, training, and advising mathematics and science teachers;

``(2) focus on the education of mathematics and science teachers as a career-long process that continuously stimulates teachers' intellectual growth and upgrades teachers' knowledge and skills;

``(3) bring mathematics and science teachers in elementary schools and secondary schools together with scientists, mathematicians, and engineers to increase the subject matter knowledge of mathematics and science teachers and improve such teachers' teaching skills through the use of sophisticated laboratory equipment and work space, computing facilities, libraries, and other resources that institutions of higher education are better able to provide than the elementary schools and secondary schools;

``(4) develop more rigorous mathematics and science curricula that are aligned with challenging State and local academic content standards and with the standards expected for postsecondary study in engineering, mathematics, and science; and

``(5) improve and expand training of mathematics and science teachers, including training such teachers in the effective integration of technology into curricula and instruction.

``(b) Definitions.—In this part:

``(1) Eligible partnership.—The term `eligible partnership' means a partnership that—

``(A) shall include—

``(i) if grants are awarded under section 2202(a)(1), a State educational agency;

``(ii) an engineering, mathematics, or science department of an institution of higher education; and

``(iii) a high-need local educational agency; and

``(B) may include—

``(i) another engineering, mathematics, science, or teacher training department of an institution of higher education;

``(ii) additional local educational agencies, public charter schools, public or private elementary schools or secondary schools, or a consortium of such schools;

``(iii) a business; or

``(iv) a nonprofit or for-profit organization of demonstrated effectiveness in improving the quality of mathematics and science teachers.

``(2) Summer workshop or institute.—The term `summer workshop or institute' means a workshop or institute, conducted during the summer, that—

``(A) is conducted for a period of not less than 2 weeks;

``(B) includes, as a component, a program that provides direct interaction between students and faculty; and

``(C) provides for followup training during the academic year that is conducted in the classroom for a period of not less than three consecutive or nonconsecutive days, except that—

``(i) if the workshop or institute is conducted during a 2-week period, the followup training shall be conducted for a period of not less than 4 days; and

``(ii) if the followup training is for teachers in rural school districts, the followup training may be conducted through distance learning.

``SEC. 2202. GRANTS FOR MATHEMATICS AND SCIENCE PARTNERSHIPS.

``(a) Grants Authorized.—

``(1) Grants to partnerships.—For any fiscal year for which the funds appropriated under section 2203 are less than $100,000,000, the Secretary is authorized to award grants, on a competitive basis, to eligible partnerships to carry out the authorized activities described in subsection (c).

``(2) Grants to state educational agencies.—

``(A) In general.—For any fiscal year for which the funds appropriated under section 2203 equal or exceed $100,000,000—

``(i) if an eligible partnership in the State was previously awarded a grant under paragraph (1), and the grant period has not ended, the Secretary shall reserve funds in a sufficient amount to make payments to the partnership in accordance with the terms of the grant; and

``(ii) the Secretary is authorized to award grants to State educational agencies to enable such agencies to award subgrants, on a competitive basis, to eligible partnerships to carry out the authorized activities described in subsection (c).

``(B) Allotment.—The Secretary shall allot the amount made available under this part for a fiscal year and not reserved under subparagraph (A)(i) among the State educational agencies in proportion to the number of children, aged 5 to 17, who are from families with incomes below the poverty line and reside in a State for the most recent fiscal year for which satisfactory data are available, as compared to the number of such children who reside in all such States for such year.

``(C) Minimum allotment.—The amount of any State educational agency's allotment under subparagraph (B) for any fiscal year may not be less than one-half of 1 percent of the amount made available under this part for such year.

``(3) Duration.—The Secretary shall award grants under this part for a period of 3 years.

``(4) Supplement, not supplant.—Funds received under this part shall be used to supplement, and not supplant, funds that would otherwise be used for activities authorized under this part.

``(b) Application Requirements.—

``(1) In general.—Each eligible partnership desiring a grant or subgrant under this part shall submit an application—

``(A) in the case of grants awarded pursuant to subsection (a)(1), to the Secretary, at such time, in such manner, and accompanied by such information as the Secretary may require; or

``(B) in the case of subgrants awarded pursuant to subsection (a)(2), to the State educational agency, at such time, in such manner, and accompanied by such information as the State educational agency may require.

``(2) Contents.—Each application submitted pursuant to paragraph (1) shall include—

``(A) the results of a comprehensive assessment of the teacher quality and professional development needs of any schools, local educational agencies, and State educational agencies that comprise the eligible partnership with respect to the teaching and learning of mathematics and science;

``(B) a description of how the activities to be carried out by the eligible partnership will be aligned with challenging State academic content and student academic achievement standards in mathematics and science and with other educational reform activities that promote student academic achievement in mathematics and science;

``(C) a description of how the activities to be carried out by the eligible partnership will be based on a review of scientifically based research, and an explanation of how the activities are expected to improve student academic achievement and strengthen the quality of mathematics and science instruction;

``(D) a description of—

``(i) how the eligible partnership will carry out the authorized activities described in subsection (c); and

``(ii) the eligible partnership's evaluation and accountability plan described in subsection (e); and

``(E) a description of how the eligible partnership will continue the activities funded under this part after the original grant or subgrant period has expired.

``(c) Authorized Activities.—An eligible partnership shall use funds provided under this part for one or more of the following activities related to elementary schools or secondary schools:

``(1) Creating opportunities for enhanced and ongoing professional development of mathematics and science teachers that improves the subject matter knowledge of such teachers.

``(2) Promoting strong teaching skills for mathematics and science teachers and teacher educators, including integrating reliable scientifically based research teaching methods and technology-based teaching methods into the curriculum.

``(3) Establishing and operating mathematics and science summer workshops or institutes, including followup training, for elementary school and secondary school mathematics and science teachers that—

``(A) shall—

``(i) directly relate to the curriculum and academic areas in which the teacher provides instruction, and focus only secondarily on pedagogy;

``(ii) enhance the ability of the teacher to understand and use the challenging State academic content standards for mathematics and science and to select appropriate curricula; and

``(iii) train teachers to use curricula that are—

``(I) based on scientific research;

``(II) aligned with challenging State academic content standards; and

``(III) object-centered, experiment-oriented, and concept- and content-based; and

``(B) may include—

``(i) programs that provide teachers and prospective teachers with opportunities to work under the guidance of experienced teachers and college faculty;

``(ii) instruction in the use of data and assessments to inform and instruct classroom practice; and

``(iii) professional development activities, including supplemental and followup activities, such as curriculum alignment, distance learning, and activities that train teachers to utilize technology in the classroom.

``(4) Recruiting mathematics, engineering, and science majors to teaching through the use of—

``(A) signing and performance incentives that are linked to activities proven effective in retaining teachers, for individuals with demonstrated professional experience in mathematics, engineering, or science;

``(B) stipends provided to mathematics and science teachers for certification through alternative routes;

``(C) scholarships for teachers to pursue advanced course work in mathematics, engineering, or science; and

``(D) other programs that the State educational agency determines to be effective in recruiting and retaining individuals with strong mathematics, engineering, or science backgrounds.

``(5) Developing or redesigning more rigorous mathematics and science curricula that are aligned with challenging State and local academic content standards and with the standards expected for postsecondary study in mathematics and science.

``(6) Establishing distance learning programs for mathematics and science teachers using curricula that are innovative, content-based, and based on scientifically based research that is current as of the date of the program involved.

``(7) Designing programs to prepare a mathematics or science teacher at a school to provide professional development to other mathematics or science teachers at the school and to assist beginning and other teachers at the school, including (if applicable) a mechanism to integrate the teacher's experiences from a summer workshop or institute into the provision of professional development and assistance.

``(8) Establishing and operating programs to bring mathematics and science teachers into contact with working scientists, mathematicians, and engineers, to expand such teachers' subject matter knowledge of and research in science and mathematics.

``(9) Designing programs to identify and develop exemplary mathematics and science teachers in the kindergarten through grade 8 classrooms.

``(10) Training mathematics and science teachers and developing programs to encourage young women and other underrepresented individuals in mathematics and science careers (including engineering and technology) to pursue postsecondary degrees in majors leading to such careers.

``(d) Coordination and Consultation.—

``(1) Partnership grants.—An eligible partnership receiving a grant 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 part.

``(2) National science foundation.—In carrying out the activities authorized by this part, the Secretary shall consult and coordinate with the Director of the National Science Foundation, particularly with respect to the appropriate roles for the Department and the Foundation in the conduct of summer workshops, institutes, or partnerships to improve mathematics and science teaching in elementary schools and secondary schools.

``(e) Evaluation and Accountability Plan.—

``(1) In general.—Each eligible partnership receiving a grant or subgrant under this part shall develop an evaluation and accountability plan for activities assisted under this part that includes rigorous objectives that measure the impact of activities funded under this part.

``(2) Contents.—The plan developed pursuant to paragraph (1)—

``(A) shall include measurable objectives to increase the number of mathematics and science teachers who participate in content-based professional development activities;

``(B) shall include measurable objectives for improved student academic achievement on State mathematics and science assessments or, where applicable, an International Mathematics and Science Study assessment; and

``(C) may include objectives and measures for—

``(i) increased participation by students in advanced courses in mathematics and science;

``(ii) increased percentages of elementary school teachers with academic majors or minors, or group majors or minors, in mathematics, engineering, or the sciences; and

``(iii) increased percentages of secondary school classes in mathematics and science taught by teachers with academic majors in mathematics, engineering, and science.

``(f) Report.—Each eligible partnership receiving a grant or subgrant under this part shall report annually to the Secretary regarding the eligible partnership's progress in meeting the objectives described in the accountability plan of the partnership under subsection (e).

``SEC. 2203. AUTHORIZATION OF APPROPRIATIONS.

``There are authorized to be appropriated to carry out this part $450,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years.

``PART C—INNOVATION FOR TEACHER QUALITY

``Subpart 1—Transitions to Teaching

``CHAPTER A—TROOPS-TO-TEACHERS PROGRAM

``SEC. 2301. DEFINITIONS.

``In this chapter:

``(1) Armed forces.—The term `Armed Forces' means the Army, Navy, Air Force, Marine Corps, and Coast Guard.

``(2) Member of the armed forces.—The term `member of the Armed Forces' includes a former member of the Armed Forces.

``(3) Program.—The term `Program' means the Troops-to-Teachers Program authorized by this chapter.

``(4) Reserve component.—The term `reserve component' means—

``(A) the Army National Guard of the United States;

``(B) the Army Reserve;

``(C) the Naval Reserve;

``(D) the Marine Corps Reserve;

``(E) the Air National Guard of the United States;

``(F) the Air Force Reserve; and

``(G) the Coast Guard Reserve.

``(5) Secretary concerned.—The term `Secretary concerned' means—

``(A) the Secretary of the Army, with respect to matters concerning a reserve component of the Army;

``(B) the Secretary of the Navy, with respect to matters concerning reserve components named in subparagraphs (C) and (D) of paragraph (4);

``(C) the Secretary of the Air Force, with respect to matters concerning a reserve component of the Air Force; and

``(D) the Secretary of Transportation, with respect to matters concerning the Coast Guard Reserve.

``SEC. 2302. AUTHORIZATION OF TROOPS-TO-TEACHERS PROGRAM.

``(a) Purpose.—The purpose of this section is to authorize a mechanism for the funding and administration of the Troops-to-Teachers Program, which was originally established by the Troops-to-Teachers Program Act of 1999 (title XVII of the National Defense Authorization Act for Fiscal Year 2000) (20 U.S.C. 9301 et seq.).

``(b) Program Authorized.—The Secretary may carry out a program (to be known as the `Troops-to-Teachers Program')—

``(1) to assist eligible members of the Armed Forces described in section 2303 to obtain certification or licensing as elementary school teachers, secondary school teachers, or vocational or technical teachers, and to become highly qualified teachers; and

``(2) to facilitate the employment of such members—

``(A) by local educational agencies or public charter schools that the Secretary identifies as—

``(i) receiving grants under part A of title I as a result of having within their jurisdictions concentrations of children from low-income families; or

``(ii) experiencing a shortage of highly qualified teachers, in particular a shortage of science, mathematics, special education, or vocational or technical teachers; and

``(B) in elementary schools or secondary schools, or as vocational or technical teachers.

``(c) Administration of Program.—The Secretary shall enter into a memorandum of agreement with the Secretary of Defense under which the Secretary of Defense, acting through the Defense Activity for Non-Traditional Education Support of the Department of Defense, will perform the actual administration of the Program, other than section 2306. Using funds appropriated to the Secretary to carry out this chapter, the Secretary shall transfer to the Secretary of Defense such amounts as may be necessary to administer the Program pursuant to the memorandum of agreement.

``(d) Information Regarding Program.—The Secretary shall provide to the Secretary of Defense information regarding the Program and applications to participate in the Program, for distribution as part of preseparation counseling provided under section 1142 of title 10, United States Code, to members of the Armed Forces described in section 2303.

``(e) Placement Assistance and Referral Services.—The Secretary may, with the agreement of the Secretary of Defense, provide placement assistance and referral services to members of the Armed Forces who meet the criteria described in section 2303, including meeting education qualification requirements under subsection 2303(c)(2). Such members shall not be eligible for financial assistance under subsections (c) and (d) of section 2304.

``SEC. 2303. RECRUITMENT AND SELECTION OF PROGRAM PARTICIPANTS.

``(a) Eligible Members.—The following members of the Armed Forces are eligible for selection to participate in the Program:

``(1) Any member who—

``(A) on or after October 1, 1999, becomes entitled to retired or retainer pay in the manner provided in title 10 or title 14, United States Code;

``(B) has an approved date of retirement that is within 1 year after the date on which the member submits an application to participate in the Program; or

``(C) has been transferred to the Retired Reserve.

``(2) Any member who, on or after the date of enactment of the No Child Left Behind Act of 2001—

``(A)(i) is separated or released from active duty after 6 or more years of continuous active duty immediately before the separation or release; or

``(ii) has completed a total of at least 10 years of active duty service, 10 years of service computed under section 12732 of title 10, United States Code, or 10 years of any combination of such service; and

``(B) executes a reserve commitment agreement for a period of not less than 3 years under subsection (e)(2).

``(3) Any member who, on or after the date of enactment of the No Child Left Behind Act of 2001, is retired or separated for physical disability under chapter 61 of title 10, United States Code.

``(4) Any member who—

``(A) during the period beginning on October 1, 1990, and ending on September 30, 1999, was involuntarily discharged or released from active duty for purposes of a reduction of force after 6 or more years of continuous active duty immediately before the discharge or release; or

``(B) applied for the teacher placement program administered under section 1151 of title 10, United States Code, before the repeal of that section, and satisfied the eligibility criteria specified in subsection (c) of such section 1151.

``(b) Submission of Applications.—

``(1) Form and submission.—Selection of eligible members of the Armed Forces to participate in the Program shall be made on the basis of applications submitted to the Secretary within the time periods specified in paragraph (2). An application shall be in such form and contain such information as the Secretary may require.

``(2) Time for submission.—An application shall be considered to be submitted on a timely basis under paragraph (1) if—

``(A) in the case of a member described in paragraph (1)(A), (2), or (3) of subsection (a), the application is submitted not later than 4 years after the date on which the member is retired or separated or released from active duty, whichever applies to the member; or

``(B) in the case of a member described in subsection (a)(4), the application is submitted not later than September 30, 2003.

``(c) Selection Criteria.—

``(1) Establishment.—Subject to paragraphs (2) and (3), the Secretary shall prescribe the criteria to be used to select eligible members of the Armed Forces to participate in the Program.

``(2) Educational background.—

``(A) Elementary or secondary school teacher.—If a member of the Armed Forces described in paragraph (1), (2), or (3) of subsection (a) is applying for assistance for placement as an elementary school or secondary school teacher, the Secretary shall require the member to have received a baccalaureate or advanced degree from an accredited institution of higher education.

``(B) Vocational or technical teacher.—If a member of the Armed Forces described in paragraph (1), (2), or (3) of subsection (a) is applying for assistance for placement as a vocational or technical teacher, the Secretary shall require the member—

``(i) to have received the equivalent of 1 year of college from an accredited institution of higher education and have 6 or more years of military experience in a vocational or technical field; or

``(ii) to otherwise meet the certification or licensing requirements for a vocational or technical teacher in the State in which the member seeks assistance for placement under the Program.

``(3) Honorable service.—A member of the Armed Forces is eligible to participate in the Program only if the member's last period of service in the Armed Forces was honorable, as characterized by the Secretary concerned (as defined in section 101(a)(9) of title 10, United States Code). A member selected to participate in the Program before the retirement of the member or the separation or release of the member from active duty may continue to participate in the Program after the retirement, separation, or release only if the member's last period of service is characterized as honorable by the Secretary concerned (as so defined).

``(d) Selection Priorities.—In selecting eligible members of the Armed Forces to receive assistance under the Program, the Secretary shall give priority to members who have educational or military experience in science, mathematics, special education, or vocational or technical subjects and agree to seek employment as science, mathematics, or special education teachers in elementary schools or secondary schools or in other schools under the jurisdiction of a local educational agency.

``(e) Other Conditions on Selection.—

``(1) Selection subject to funding.—The Secretary may not select an eligible member of the Armed Forces to participate in the Program under this section and receive financial assistance under section 2304 unless the Secretary has sufficient appropriations for the Program available at the time of the selection to satisfy the obligations to be incurred by the United States under section 2304 with respect to the member.

``(2) Reserve commitment agreement.—The Secretary may not select an eligible member of the Armed Forces described in subsection (a)(2)(A) to participate in the Program under this section and receive financial assistance under section 2304 unless—

``(A) the Secretary notifies the Secretary concerned and the member that the Secretary has reserved a full stipend or bonus under section 2304 for the member; and

``(B) the member executes a written agreement with the Secretary concerned to serve as a member of the Selected Reserve of a reserve component of the Armed Forces for a period of not less than 3 years (in addition to any other reserve commitment the member may have).

``SEC. 2304. PARTICIPATION AGREEMENT AND FINANCIAL ASSISTANCE.

``(a) Participation Agreement.—

``(1) In general.—An eligible member of the Armed Forces selected to participate in the Program under section 2303 and receive financial assistance under this section shall be required to enter into an agreement with the Secretary in which the member agrees—

``(A) within such time as the Secretary may require, to obtain certification or licensing as an elementary school teacher, secondary school teacher, or vocational or technical teacher, and to become a highly qualified teacher; and

``(B) to accept an offer of full-time employment as an elementary school teacher, secondary school teacher, or vocational or technical teacher for not less than 3 school years with a high-need local educational agency or public charter school, as such terms are defined in section 2101, to begin the school year after obtaining that certification or licensing.

``(2) Waiver.—The Secretary may waive the 3-year commitment described in paragraph (1)(B) for a participant if the Secretary determines such waiver to be appropriate. If the Secretary provides the waiver, the participant shall not be considered to be in violation of the agreement and shall not be required to provide reimbursement under subsection (f), for failure to meet the 3-year commitment.

``(b) Violation of Participation Agreement; Exceptions.—A participant in the Program shall not be considered to be in violation of the participation agreement entered into under subsection (a) during any period in which the participant—

``(1) is pursuing a full-time course of study related to the field of teaching at an institution of higher education;

``(2) is serving on active duty as a member of the Armed Forces;

``(3) is temporarily totally disabled for a period of time not to exceed 3 years as established by sworn affidavit of a qualified physician;

``(4) is unable to secure employment for a period not to exceed 12 months by reason of the care required by a spouse who is disabled;

``(5) is a highly qualified teacher who is seeking and unable to find full-time employment as a teacher in an elementary school or secondary school or as a vocational or technical teacher for a single period not to exceed 27 months; or

``(6) satisfies the provisions of additional reimbursement exceptions that may be prescribed by the Secretary.

``(c) Stipend for Participants.—

``(1) Stipend authorized.—Subject to paragraph (2), the Secretary may pay to a participant in the Program selected under section 2303 a stipend in an amount of not more than $5,000.

``(2) Limitation.—The total number of stipends that may be paid under paragraph (1) in any fiscal year may not exceed 5,000.

``(d) Bonus for Participants.—

``(1) Bonus authorized.—Subject to paragraph (2), the Secretary may, in lieu of paying a stipend under subsection (c), pay a bonus of $10,000 to a participant in the Program selected under section 2303 who agrees in the participation agreement under subsection (a) to become a highly qualified teacher and to accept full-time employment as an elementary school teacher, secondary school teacher, or vocational or technical teacher for not less than 3 school years in a high-need school.

``(2) Limitation.—The total number of bonuses that may be paid under paragraph (1) in any fiscal year may not exceed 3,000.

``(3) High-need school defined.—In this subsection, the term `high-need school' means a public elementary school, public secondary school, or public charter school that meets one or more of the following criteria:

``(A) Low-income children.—At least 50 percent of the students enrolled in the school were from low-income families (as described in section 2302(b)(2)(A)(i)).

``(B) Children with disabilities.—The school has a large percentage of students who qualify for assistance under part B of the Individuals with Disabilities Education Act.

``(e) Treatment of Stipend and Bonus.—A stipend or bonus paid under this section to a participant in the Program shall be taken into account in determining the eligibility of the participant for Federal student financial assistance provided under title IV of the Higher Education Act of 1965.

``(f) Reimbursement Under Certain Circumstances.—

``(1) Reimbursement required.—A participant in the Program who is paid a stipend or bonus under this section shall be required to repay the stipend or bonus under the following circumstances:

``(A) Failure to obtain qualifications or employment.—The participant fails to obtain teacher certification or licensing, to become a highly qualified teacher, or to obtain employment as an elementary school teacher, secondary school teacher, or vocational or technical teacher as required by the participation agreement under subsection (a).

``(B) Termination of employment.—The participant voluntarily leaves, or is terminated for cause from, employment as an elementary school teacher, secondary school teacher, or vocational or technical teacher during the 3 years of required service in violation of the participation agreement.

``(C) Failure to complete service under reserve commitment agreement.—The participant executed a written agreement with the Secretary concerned under section 2303(e)(2) to serve as a member of a reserve component of the Armed Forces for a period of 3 years and fails to complete the required term of service.

``(2) Amount of reimbursement.—A participant required to reimburse the Secretary for a stipend or bonus paid to the participant under this section shall pay an amount that bears the same ratio to the amount of the stipend or bonus as the unserved portion of required service bears to the 3 years of required service. Any amount owed by the participant shall bear interest at the rate equal to the highest rate being paid by the United States on the day on which the reimbursement is determined to be due for securities having maturities of 90 days or less and shall accrue from the day on which the participant is first notified of the amount due.

``(3) Treatment of obligation.—The obligation to reimburse the Secretary under this subsection is, for all purposes, a debt owing the United States. A discharge in bankruptcy under title 11, United States Code, shall not release a participant from the obligation to reimburse the Secretary under this subsection.

``(4) Exceptions to reimbursement requirement.—A participant shall be excused from reimbursement under this subsection if the participant becomes permanently totally disabled as established by sworn affidavit of a qualified physician. The Secretary may also waive the reimbursement in cases of extreme hardship to the participant, as determined by the Secretary.

``(g) Relationship to Educational Assistance Under Montgomery GI Bill.—The receipt by a participant in the Program of a stipend or bonus under this section shall not reduce or otherwise affect the entitlement of the participant to any benefits under chapter 30 of title 38, United States Code, or chapter 1606 of title 10, United States Code.

``SEC. 2305. PARTICIPATION BY STATES.

``(a) Discharge of State Activities Through Consortia of States.—The Secretary may permit States participating in the Program to carry out activities authorized for such States under the Program through one or more consortia of such States.

``(b) Assistance to States.—

``(1) Grants authorized.—Subject to paragraph (2), the Secretary may make grants to States participating in the Program, or to consortia of such States, in order to permit such States or consortia of States to operate offices for purposes of recruiting eligible members of the Armed Forces for participation in the Program and facilitating the employment of participants in the Program as elementary school teachers, secondary school teachers, and vocational or technical teachers.

``(2) Limitation.—The total amount of grants made under paragraph (1) in any fiscal year may not exceed $5,000,000.

``SEC. 2306. SUPPORT OF INNOVATIVE PRERETIREMENT TEACHER CERTIFICATION PROGRAMS.

``(a) Purpose.—The purpose of this section is to provide funding to develop, implement, and demonstrate teacher certification programs.

``(b) Development, Implementation and Demonstration.—The Secretary may enter into a memorandum of agreement with a State educational agency, an institution of higher education, or a consortia of State educational agencies or institutions of higher education, to develop, implement, and demonstrate teacher certification programs for members of the Armed Forces described in section 2303(a)(1)(B) for the purpose of assisting such members to consider and prepare for a career as a highly qualified elementary school teacher, secondary school teacher, or vocational or technical teacher upon retirement from the Armed Forces.

``(c) Program Elements.—A teacher certification program under subsection (b) shall—

``(1) provide recognition of military experience and training as related to certification or licensing requirements;

``(2) provide courses of instruction that may be conducted on or near a military installation;

``(3) incorporate alternative approaches to achieve teacher certification, such as innovative methods to gaining field-based teaching experiences, and assessment of background and experience as related to skills, knowledge, and abilities required of elementary school teachers, secondary school teachers, or vocational or technical teachers;

``(4) provide for courses to be delivered via distance education methods; and

``(5) address any additional requirements or specifications established by the Secretary.

``(d) Application Procedures.—

``(1) In general.—A State educational agency or institution of higher education (or a consortium of State educational agencies or institutions of higher education) that desires to enter into a memorandum under subsection (b) shall prepare and submit to the Secretary a proposal, at such time, in such manner, and containing such information as the Secretary may require, including an assurance that the State educational agency, institution, or consortium is operating a program leading to State approved teacher certification.

``(2) Preference.—The Secretary shall give preference to State educational agencies, institutions, and consortia that submit proposals that provide for cost sharing with respect to the program involved.

``(e) Continuation of Programs.—Upon successful completion of the demonstration phase of teacher certification programs funded under this section, the continued operation of the teacher certification programs shall not be the responsibility of the Secretary. A State educational agency, institution, or consortium that desires to continue a program that is funded under this section after such funding is terminated shall use amounts derived from tuition charges to continue such program.

``(f) Funding Limitation.—The total amount obligated by the Secretary under this section for any fiscal year may not exceed $10,000,000.

``SEC. 2307. REPORTING REQUIREMENTS.

``(a) Report Required.—Not later than March 31, 2006, the Secretary (in consultation with the Secretary of Defense and the Secretary of Transportation) and the Comptroller General of the United States shall submit to Congress a report on the effectiveness of the Program in the recruitment and retention of qualified personnel by local educational agencies and public charter schools.

``(b) Elements of Report.—The report submitted under subsection (a) shall include information on the following:

``(1) The number of participants in the Program.

``(2) The schools in which the participants are employed.

``(3) The grade levels at which the participants teach.

``(4) The academic subjects taught by the participants.

``(5) The rates of retention of the participants by the local educational agencies and public charter schools employing the participants.

``(6) Such other matters as the Secretary or the Comptroller General of the United States, as the case may be, considers to be appropriate.

``CHAPTER B—TRANSITION TO TEACHING PROGRAM

``SEC. 2311. PURPOSES.

``The purposes of this chapter are—

``(1) to establish a program to recruit and retain highly qualified mid-career professionals (including highly qualified paraprofessionals), and recent graduates of an institution of higher education, as teachers in high-need schools, including recruiting teachers through alternative routes to certification; and

``(2) to encourage the development and expansion of alternative routes to certification under State-approved programs that enable individuals to be eligible for teacher certification within a reduced period of time, relying on the experience, expertise, and academic qualifications of an individual, or other factors in lieu of traditional course work in the field of education.

``SEC. 2312. DEFINITIONS.

``In this chapter:

``(1) Eligible participant.—The term `eligible participant' means—

``(A) an individual with substantial, demonstrable career experience, including a highly qualified paraprofessional; or

``(B) an individual who is a graduate of an institution of higher education who—

``(i) has graduated not more than 3 years before applying to an eligible entity to teach under this chapter; and

``(ii) in the case of an individual wishing to teach in a secondary school, has completed an academic major (or courses totaling an equivalent number of credit hours) in the academic subject that the individual will teach.

``(2) High-need local educational agency.—The term `high-need local educational agency' has the meaning given the term in section 2102.

``(3) High-need school.—The term `high-need school' means a school that—

``(A) is located in an area in which the percentage of students from families with incomes below the poverty line is 30 percent or more; or

``(B)(i) is located in an area with a high percentage of out-of-field teachers, as defined in section 2102;

``(ii) is within the top quartile of elementary schools and secondary schools statewide, as ranked by the number of unfilled, available teacher positions at the schools;

``(iii) is located in an area in which there is a high teacher turnover rate; or

``(iv) is located in an area in which there is a high percentage of teachers who are not certified or licensed.

``SEC. 2313. GRANT PROGRAM.

``(a) In General.—The Secretary may establish a program to make grants on a competitive basis to eligible entities to develop State and local teacher corps or other programs to establish, expand, or enhance teacher recruitment and retention efforts.

``(b) Eligible Entity.—To be eligible to receive a grant under this section, an entity shall be—

``(1) a State educational agency;

``(2) a high-need local educational agency;

``(3) a for-profit or nonprofit organization that has a proven record of effectively recruiting and retaining highly qualified teachers, in a partnership with a high-need local educational agency or with a State educational agency;

``(4) an institution of higher education, in a partnership with a high-need local educational agency or with a State educational agency;

``(5) a regional consortium of State educational agencies; or

``(6) a consortium of high-need local educational agencies.

``(c) Priority.—In making such a grant, the Secretary shall give priority to a partnership or consortium that includes a high-need State educational agency or local educational agency.

``(d) Application.—

``(1) In general.—To be eligible to receive a grant under this section, an entity described in subsection (b) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.

``(2) Contents.—The application shall describe—

``(A) one or more target recruitment groups on which the applicant will focus its recruitment efforts;

``(B) the characteristics of each such target group that—

``(i) show the knowledge and experience of the group's members; and

``(ii) demonstrate that the members are eligible to achieve the objectives of this section;

``(C) describe how the applicant will use funds received under this section to develop a teacher corps or other program to recruit and retain highly qualified midcareer professionals (which may include highly qualified paraprofessionals), recent college graduates, and recent graduate school graduates, as highly qualified teachers in high-need schools operated by high-need local educational agencies;

``(D) explain how the program carried out under the grant will meet the relevant State laws (including regulations) related to teacher certification or licensing and facilitate the certification or licensing of such teachers;

``(E) describe how the grant will increase the number of highly qualified teachers, in high-need schools operated by high-need local educational agencies (in urban or rural school districts), and in high-need academic subjects, in the jurisdiction served by the applicant; and

``(F) describe how the applicant will collaborate, as needed, with other institutions, agencies, or organizations to recruit (particularly through activities that have proven effective in retaining highly qualified teachers), train, place, support, and provide teacher induction programs to program participants under this chapter, including providing evidence of the commitment of the institutions, agencies, or organizations to the applicant's programs.

``(e) Duration of Grants.—The Secretary may make grants under this section for periods of 5 years. At the end of the 5-year period for such a grant, the grant recipient may apply for an additional grant under this section.

``(f) Equitable Distribution.—To the extent practicable, the Secretary shall ensure an equitable geographic distribution of grants under this section among the regions of the United States.

``(g) Uses of Funds.—

``(1) In general.—An entity that receives a grant under this section shall use the funds made available through the grant to develop a teacher corps or other program in order to establish, expand, or enhance a teacher recruitment and retention program for highly qualified mid-career professionals (including highly qualified paraprofessionals), and recent graduates of an institution of higher education, who are eligible participants, including activities that provide alternative routes to teacher certification.

``(2) Authorized activities.—The entity shall use the funds to carry out a program that includes two or more of the following activities:

``(A) Providing scholarships, stipends, bonuses, and other financial incentives, that are linked to participation in activities that have proven effective in retaining teachers in high-need schools operated by high-need local educational agencies, to all eligible participants, in an amount not to exceed $5,000 per participant.

``(B) Carrying out pre- and post-placement induction or support activities that have proven effective in recruiting and retaining teachers, such as—

``(i) teacher mentoring;

``(ii) providing internships;

``(iii) providing high-quality, preservice coursework; and

``(iv) providing high-quality, sustained inservice professional development.

``(C) Carrying out placement and ongoing activities to ensure that teachers are placed in fields in which the teachers are highly qualified to teach and are placed in high-need schools.

``(D) Making payments to pay for costs associated with accepting teachers recruited under this section from among eligible participants or provide financial incentives to prospective teachers who are eligible participants.

``(E) Collaborating with institutions of higher education in developing and implementing programs to facilitate teacher recruitment (including teacher credentialing) and teacher retention programs.

``(F) Carrying out other programs, projects, and activities that are designed and have proven to be effective in recruiting and retaining teachers, and that the Secretary determines to be appropriate.

``(G) Developing long-term recruitment and retention strategies including developing—

``(i) a statewide or regionwide clearinghouse for the recruitment and placement of teachers;

``(ii) administrative structures to develop and implement programs to provide alternative routes to certification;

``(iii) reciprocity agreements between or among States for the certification or licensing of teachers; or

``(iv) other long-term teacher recruitment and retention strategies.

``(3) Effective programs.—The entity shall use the funds only for programs that have proven to be effective in both recruiting and retaining teachers.

``(h) Requirements.—

``(1) Targeting.—An entity that receives a grant under this section to carry out a program shall ensure that participants in the program recruited with funds made available under this section are placed in high-need schools operated by high-need local educational agencies. In placing the participants in the schools, the entity shall give priority to the schools that are located in areas with the highest percentages of students from families with incomes below the poverty line.

``(2) Supplement, not supplant.—Funds made available under this section shall be used to supplement, and not supplant, State and local public funds expended for teacher recruitment and retention programs, including programs to recruit the teachers through alternative routes to certification.

``(3) Partnerships and consortia of local educational agencies.—In the case of a partnership established by a local educational agency to carry out a program under this chapter, or a consortium of such agencies established to carry out a program under this chapter, the local educational agency or consortium shall not be eligible to receive funds through a State program under this chapter.

``(i) Period of Service.—A program participant in a program under this chapter who receives training through the program shall serve a high-need school operated by a high-need local educational agency for at least 3 years.

``(j) Repayment.—The Secretary shall establish such requirements as the Secretary determines to be appropriate to ensure that program participants who receive a stipend or other financial incentive under subsection (g)(2)(A), but fail to complete their service obligation under subsection (i), repay all or a portion of such stipend or other incentive.

``(k) Administrative Funds.—No entity that receives a grant under this section shall use more than 5 percent of the funds made available through the grant for the administration of a program under this chapter carried out under the grant.

``SEC. 2314. EVALUATION AND ACCOUNTABILITY FOR RECRUITING AND RETAINING TEACHERS.

``(a) Evaluation.—Each entity that receives a grant under this chapter shall conduct—

``(1) an interim evaluation of the program funded under the grant at the end of the third year of the grant period; and

``(2) a final evaluation of the program at the end of the fifth year of the grant period.

``(b) Contents.—In conducting the evaluation, the entity shall describe the extent to which local educational agencies that received funds through the grant have met the goals relating to teacher recruitment and retention described in the application.

``(c) Reports.—The entity shall prepare and submit to the Secretary and to Congress interim and final reports containing the results of the interim and final evaluations, respectively.

``(d) Revocation.—If the Secretary determines that the recipient of a grant under this chapter has not made substantial progress in meeting such goals and the objectives of the grant by the end of the third year of the grant period, the Secretary—

``(1) shall revoke the payment made for the fourth year of the grant period; and

``(2) shall not make a payment for the fifth year of the grant period.

``CHAPTER C—GENERAL PROVISIONS

``SEC. 2321. AUTHORIZATION OF APPROPRIATIONS.

``(a) In General.—There are authorized to be appropriated to carry out this subpart $150,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years.

``(b) Reservation.—From the funds appropriated to carry out this subpart for fiscal year 2002, the Secretary shall reserve not more than $30,000,000 to carry out chapter A.

``Subpart 2—National Writing Project

``SEC. 2331. PURPOSES.

``The purposes of this subpart are—

``(1) to support and promote the expansion of the National Writing Project network of sites so that teachers in every region of the United States will have access to a National Writing Project program;

``(2) to ensure the consistent high quality of the sites through ongoing review, evaluation, and technical assistance;

``(3) to support and promote the establishment of programs to disseminate effective practices and research findings about the teaching of writing; and

``(4) to coordinate activities assisted under this subpart with activities assisted under this Act.

``SEC. 2332. NATIONAL WRITING PROJECT.

``(a) Authorization.—The Secretary is authorized to award a grant to the National Writing Project, a nonprofit educational organization that has as its primary purpose the improvement of the quality of student writing and learning (hereafter in this section referred to as the `grantee') to improve the teaching of writing and the use of writing as a part of the learning process in our Nation's classrooms.

``(b) Requirements of Grant.—The grant shall provide that—

``(1) the grantee will enter into contracts with institutions of higher education or other nonprofit educational providers (hereafter in this section referred to as `contractors') under which the contractors will agree to establish, operate, and provide the non-Federal share of the cost of teacher training programs in effective approaches and processes for the teaching of writing;

``(2) funds made available by the Secretary to the grantee pursuant to any contract entered into under this section will be used to pay the Federal share of the cost of establishing and operating teacher training programs as provided in paragraph (1); and

``(3) the grantee will meet such other conditions and standards as the Secretary determines to be necessary to assure compliance with the provisions of this section and will provide such technical assistance as may be necessary to carry out the provisions of this section.

``(c) Teacher Training Programs.—The teacher training programs authorized in subsection (a) shall—

``(1) be conducted during the school year and during the summer months;

``(2) train teachers who teach grades kindergarten through college;

``(3) select teachers to become members of a National Writing Project teacher network whose members will conduct writing workshops for other teachers in the area served by each National Writing Project site; and

``(4) encourage teachers from all disciplines to participate in such teacher training programs.

``(d) Federal Share.—

``(1) In general.—Except as provided in paragraph (2) or (3) and for purposes of subsection (a), the term `Federal share' means, with respect to the costs of teacher training programs authorized in subsection (a), 50 percent of such costs to the contractor.

``(2) Waiver.—The Secretary may waive the provisions of paragraph (1) on a case-by-case basis if the National Advisory Board described in subsection (e) determines, on the basis of financial need, that such waiver is necessary.

``(3) Maximum.—The Federal share of the costs of teacher training programs conducted pursuant to subsection (a) may not exceed $100,000 for any one contractor, or $200,000 for a statewide program administered by any one contractor in at least five sites throughout the State.

``(e) National Advisory Board.—

``(1) Establishment.—The National Writing Project shall establish and operate a National Advisory Board.

``(2) Composition.—The National Advisory Board established pursuant to paragraph (1) shall consist of—

``(A) national educational leaders;

``(B) leaders in the field of writing; and

``(C) such other individuals as the National Writing Project determines necessary.

``(3) Duties.—The National Advisory Board established pursuant to paragraph (1) shall—

``(A) advise the National Writing Project on national issues related to student writing and the teaching of writing;

``(B) review the activities and programs of the National Writing Project; and

``(C) support the continued development of the National Writing Project.

``(f) Evaluation.—

``(1) In general.—The Secretary shall conduct an independent evaluation by grant or contract of the teacher training programs administered pursuant to this subpart. Such evaluation shall specify the amount of funds expended by the National Writing Project and each contractor receiving assistance under this section for administrative costs. The results of such evaluation shall be made available to the appropriate committees of Congress.

``(2) Funding limitation.—The Secretary shall reserve not more than $150,000 from the total amount appropriated pursuant to the authority of subsection (h) for fiscal year 2002 and each of the 5 succeeding fiscal years to conduct the evaluation described in paragraph (1).

``(g) Application Review.—

``(1) Review board.—The National Writing Project shall establish and operate a National Review Board that shall consist of—

``(A) leaders in the field of research in writing; and

``(B) such other individuals as the National Writing Project deems necessary.

``(2) Duties.—The National Review Board shall—

``(A) review all applications for assistance under this subsection; and

``(B) recommend applications for assistance under this subsection for funding by the National Writing Project.

``(h) Authorization of Appropriations.—There are authorized to be appropriated to carry out this subpart $15,000,000 as may be necessary for fiscal year 2002 and each of the 5 succeeding fiscal years.

``Subpart 3—Civic Education

``SEC. 2341. SHORT TITLE.

``This subpart may be cited as the `Education for Democracy Act´.

``SEC. 2342. PURPOSE.

``It is the purpose of this subpart—

``(1) to improve the quality of civics and government education by educating students about the history and principles of the Constitution of the United States, including the Bill of Rights;

``(2) to foster civic competence and responsibility; and

``(3) to improve the quality of civic education and economic education through cooperative civic education and economic education exchange programs with emerging democracies.

``SEC. 2343. GENERAL AUTHORITY.

``(a) Authority.—The Secretary is authorized to award grants to, or enter into contracts with—

``(1) the Center for Civic Education, to carry out civic education activities under sections 2344 and 2345;

``(2) the National Council on Economic Education, to carry out economic education activities under section 2345; and

``(3) organizations experienced in the development of curricula and programs in civics and government education and economic education for students in elementary schools and secondary schools in countries other than the United States, to carry out civic education activities under section 2345.

``(b) Distribution for Cooperative Civic Education and Economic Education Exchange Programs.—

``(1) Limitation.—Not more than 40 percent of the amount appropriated under section 2346 for a fiscal year shall be used to carry out section 2345.

``(2) Distribution.—Of the amount used to carry out section 2345 for a fiscal year (consistent with paragraph (1)), the Secretary shall use—

``(A) 37.5 percent for a grant or contract for the Center for Civic Education;

``(B) 37.5 percent for a grant or contract for the National Council on Economic Education; and

``(C) 25 percent for not less than 1, but not more than 3, grants or contracts for organizations described in subsection (a)(3).

``SEC. 2344. WE THE PEOPLE PROGRAM.

``(a) The Citizen and the Constitution.—

``(1) Educational activities.—The Center for Civic Education—

``(A) shall use funds made available under grants or contracts under section 2343(a)(1)—

``(i) to continue and expand the educational activities of the program entitled the `We the People . . . The Citizen and the Constitution' program administered by such center;

``(ii) to carry out activities to enhance student attainment of challenging academic content standards in civics and government;

``(iii) to provide a course of instruction on the basic principles of the Nation's constitutional democracy and the history of the Constitution of the United States, including the Bill of Rights;

``(iv) to provide, at the request of a participating school, school and community simulated congressional hearings following the course of instruction described in clause (iii); and

``(v) to provide an annual national competition of simulated congressional hearings for secondary school students who wish to participate in such a program; and

``(B) may use funds made available under grants or contracts under section 2343(a)(1)—

``(i) to provide advanced, sustained, and ongoing training of teachers about the Constitution of the United States and the political system of the United States;

``(ii) to provide materials and methods of instruction, including teacher training, that utilize the latest advancements in educational technology; and

``(iii) to provide civic education materials and services to address specific problems such as the prevention of school violence and the abuse of drugs and alcohol.

``(2) Availability of program.—The education program authorized under this subsection shall be made available to public and private elementary schools and secondary schools, including Bureau funded schools, in the 435 congressional districts, and in the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

``(b) Project Citizen.—

``(1) Educational activities.—The Center for Civic Education—

``(A) shall use funds made available under grants or contracts under section 2343(a)(1)—

``(i) to continue and expand the educational activities of the program entitled the `We the People . . . Project Citizen' program administered by the Center;

``(ii) to carry out activities to enhance student attainment of challenging academic content standards in civics and government;

``(iii) to provide a course of instruction at the middle school level on the roles of State and local governments in the Federal system established by the Constitution of the United States; and

``(iv) to provide an annual national showcase or competition; and

``(B) may use funds made available under grants or contracts under section 2343(a)(1)—

``(i) to provide optional school and community simulated State legislative hearings;

``(ii) to provide advanced, sustained, and ongoing training of teachers on the roles of State and local governments in the Federal system established by the Constitution of the United States;

``(iii) to provide materials and methods of instruction, including teacher training, that utilize the latest advancements in educational technology; and

``(iv) to provide civic education materials and services to address specific problems such as the prevention of school violence and the abuse of drugs and alcohol.

``(2) Availability of program.—The education program authorized under this subsection shall be made available to public and private middle schools, including Bureau funded schools, in the 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

``(c) Bureau-Funded School Defined.—In this section, the term `Bureau-funded school' has the meaning given such term in section 1146 of the Education Amendments of 1978 (25 U.S.C. 2026).

``SEC. 2345. COOPERATIVE CIVIC EDUCATION AND ECONOMIC EDUCATION EXCHANGE PROGRAMS.

``(a) Cooperative Education Exchange Programs.—The Center for Civic Education, the National Council on Economic Education, and organizations described in section 2343(a)(3) shall use funds made available under grants or contracts under section 2343 to carry out cooperative education exchange programs in accordance with this section.

``(b) Purpose.—The purpose of the cooperative education exchange programs carried out under this section shall be—

``(1) to make available to educators from eligible countries exemplary curriculum and teacher training programs in civics and government education, and economics education, developed in the United States;

``(2) to assist eligible countries in the adaptation, implementation, and institutionalization of such programs;

``(3) to create and implement civics and government education, and economic education, programs for students that draw upon the experiences of the participating eligible countries;

``(4) to provide a means for the exchange of ideas and experiences in civics and government education, and economic education, among political, educational, governmental, and private sector leaders of participating eligible countries; and

``(5) to provide support for—

``(A) independent research and evaluation to determine the effects of educational programs on students' development of the knowledge, skills, and traits of character essential for the preservation and improvement of constitutional democracy; and

``(B) effective participation in, and the preservation and improvement of, an efficient market economy.

``(c) Activities.—In carrying out the cooperative education exchange programs assisted under this section, the Center for Civic Education, the National Council on Economic Education, and organizations described in section 2343(a)(3) shall—

``(1) provide to the participants from eligible countries—

``(A) seminars on the basic principles of United States constitutional democracy and economic system, including seminars on the major governmental and economic institutions and systems in the United States, and visits to such institutions;

``(B) visits to school systems, institutions of higher education, and nonprofit organizations conducting exemplary programs in civics and government education, and economic education, in the United States;

``(C) translations and adaptations with respect to United States civics and government education, and economic education, curricular programs for students and teachers, and in the case of training programs for teachers, translations and adaptations into forms useful in schools in eligible countries, and joint research projects in such areas; and

``(D) independent research and evaluation assistance—

``(i) to determine the effects of the cooperative education exchange programs on students' development of the knowledge, skills, and traits of character essential for the preservation and improvement of constitutional democracy; and

``(ii) to identify effective participation in, and the preservation and improvement of, an efficient market economy;

``(2) provide to the participants from the United States—

``(A) seminars on the histories, economies, and systems of government of eligible countries;

``(B) visits to school systems, institutions of higher education, and organizations conducting exemplary programs in civics and government education, and economic education, located in eligible countries;

``(C) assistance from educators and scholars in eligible countries in the development of curricular materials on the history, government, and economy of such countries that are useful in United States classrooms;

``(D) opportunities to provide onsite demonstrations of United States curricula and pedagogy for educational leaders in eligible countries; and

``(E) independent research and evaluation assistance to determine—

``(i) the effects of the cooperative education exchange programs assisted under this section on students' development of the knowledge, skills, and traits of character essential for the preservation and improvement of constitutional democracy; and

``(ii) effective participation in, and improvement of, an efficient market economy; and

``(3) assist participants from eligible countries and the United States to participate in international conferences on civics and government education, and economic education, for educational leaders, teacher trainers, scholars in related disciplines, and educational policymakers.

``(d) Participants.—The primary participants in the cooperative education exchange programs assisted under this section shall be educational leaders in the areas of civics and government education, and economic education, including teachers, curriculum and teacher training specialists, scholars in relevant disciplines, and educational policymakers, and government and private sector leaders from the United States and eligible countries.

``(e) Consultation.—The Secretary may award a grant to, or enter into a contract with, the entities described in section 2343 to carry out programs assisted under this section only if the Secretary of State concurs with the Secretary that such grant, or contract, respectively, is consistent with the foreign policy of the United States.

``(f) Avoidance of Duplication.—With the concurrence of the Secretary of State, the Secretary shall ensure that—

``(1) the activities carried out under the programs assisted under this section are not duplicative of other activities conducted in eligible countries; and

``(2) any institutions in eligible countries, with which the Center for Civic Education, the National Council on Economic Education, or organizations described in section 2343(a)(3) may work in conducting such activities, are creditable.

``(g) Eligible Country Defined.—In this section, the term `eligible country' means a Central European country, an Eastern European country, Lithuania, Latvia, Estonia, the independent states of the former Soviet Union as defined in section 3 of the FREEDOM Support Act (22 U.S.C. 5801), the Republic of Ireland, the province of Northern Ireland in the United Kingdom, and any developing country (as such term is defined in section 209(d) of the Education for the Deaf Act) if the Secretary, with the concurrence of the Secretary of State, determines that such developing country has a democratic form of government.

``SEC. 2346. AUTHORIZATION OF APPROPRIATIONS.

``There are authorized to be appropriated to carry out this subpart $30,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years.

``Subpart 4—Teaching of Traditional American History

``SEC. 2351. ESTABLISHMENT OF PROGRAM.

``(a) In General.—The Secretary may establish and implement a program to be known as the `Teaching American History Grant Program', under which the Secretary shall award grants on a competitive basis to local educational agencies—

``(1) to carry out activities to promote the teaching of traditional American history in elementary schools and secondary schools as a separate academic subject (not as a component of social studies); and

``(2) for the development, implementation, and strengthening of programs to teach traditional American history as a separate academic subject (not as a component of social studies) within elementary school and secondary school curricula, including the implementation of activities—

``(A) to improve the quality of instruction; and

``(B) to provide professional development and teacher education activities with respect to American history.

``(b) Required Partnership.—A local educational agency that receives a grant under subsection (a) shall carry out activities under the grant in partnership with one or more of the following:

``(1) An institution of higher education.

``(2) A nonprofit history or humanities organization.

``(3) A library or museum.

``(c) Application.—To be eligible to receive an grant under this section, a local educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.

``SEC. 2352. AUTHORIZATION OF APPROPRIATIONS.

``There are authorized to be appropriated to carry out this subpart such sums as may be necessary for fiscal year 2002 and each of the 5 succeeding fiscal years.

``Subpart 5—Teacher Liability Protection

``SEC. 2361. SHORT TITLE.

``This subpart may be cited as the `Paul D. Coverdell Teacher Protection Act of 2001´.

``SEC. 2362. PURPOSE.

``The purpose of this subpart is to provide teachers, principals, and other school professionals the tools they need to undertake reasonable actions to maintain order, discipline, and an appropriate educational environment.

``SEC. 2363. DEFINITIONS.

``For purposes of this subpart:

``(1) Economic loss.—The term `economic loss' means any pecuniary loss resulting from harm (including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities) to the extent recovery for such loss is allowed under applicable State law.

``(2) Harm.—The term `harm' includes physical, nonphysical, economic, and noneconomic losses.

``(3) Noneconomic loss.—The term `noneconomic loss' means loss for physical or emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society or companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation, or any other nonpecuniary loss of any kind or nature.

``(4) School.—The term `school' means a public or private kindergarten, a public or private elementary school or secondary school, or a home school.

``(5) State.—The term `State' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, any other territory or possession of the United States, or any political subdivision of any such State, territory, or possession.

``(6) Teacher.—The term `teacher' means—

``(A) a teacher, instructor, principal, or administrator;

``(B) another educational professional who works in a school;

``(C) a professional or nonprofessional employee who—

``(i) works in a school; and

``(ii)(I) in the employee's job, maintains discipline or ensures safety; or

``(II) in an emergency, is called on to maintain discipline or ensure safety; or

``(D) an individual member of a school board (as distinct from the board).

``SEC. 2364. APPLICABILITY.

``This subpart shall only apply to States that receive funds under this Act, and shall apply to such a State as a condition of receiving such funds.

``SEC. 2365. PREEMPTION AND ELECTION OF STATE NONAPPLICABILITY.

``(a) Preemption.—This subpart preempts the laws of any State to the extent that such laws are inconsistent with this subpart, except that this subpart shall not preempt any State law that provides additional protection from liability relating to teachers.

``(b) Election of State Regarding Nonapplicability.—This subpart shall not apply to any civil action in a State court against a teacher with respect to claims arising within that State if such State enacts a statute in accordance with State requirements for enacting legislation—

``(1) citing the authority of this subsection;

``(2) declaring the election of such State that this subpart shall not apply, as of a date certain, to such civil action in the State; and

``(3) containing no other provisions.

``SEC. 2366. LIMITATION ON LIABILITY FOR TEACHERS.

``(a) Liability Protection for Teachers.—Except as provided in subsection (b), no teacher in a school shall be liable for harm caused by an act or omission of the teacher on behalf of the school if—

``(1) the teacher was acting within the scope of the teacher's employment or responsibilities to a school or governmental entity;

``(2) the actions of the teacher were carried out in conformity with Federal, State, and local laws (including rules and regulations) in furtherance of efforts to control, discipline, expel, or suspend a student or maintain order or control in the classroom or school;

``(3) if appropriate or required, the teacher was properly licensed, certified, or authorized by the appropriate authorities for the activities or practice involved in the State in which the harm occurred, where the activities were or practice was undertaken within the scope of the teacher's responsibilities;

``(4) the harm was not caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed by the teacher; and

``(5) the harm was not caused by the teacher operating a motor vehicle, vessel, aircraft, or other vehicle for which the State requires the operator or the owner of the vehicle, craft, or vessel to—

``(A) possess an operator's license; or

``(B) maintain insurance.

``(b) Exceptions to Teacher Liability Protection.—If the laws of a State limit teacher liability subject to one or more of the following conditions, such conditions shall not be construed as inconsistent with this section:

``(1) A State law that requires a school or governmental entity to adhere to risk management procedures, including mandatory training of teachers.

``(2) A State law that makes the school or governmental entity liable for the acts or omissions of its teachers to the same extent as an employer is liable for the acts or omissions of its employees.

``(3) A State law that makes a limitation of liability inapplicable if the civil action was brought by an officer of a State or local government pursuant to State or local law.

``(c) Limitation on Punitive Damages Based on the Actions of Teachers.—

``(1) General rule.—Punitive damages may not be awarded against a teacher in an action brought for harm based on the act or omission of a teacher acting within the scope of the teacher's employment or responsibilities to a school or governmental entityunless the claimant establishes by clear and convincing evidence that the harm was proximately caused by an act or omission of such teacher that constitutes willful or criminal misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed.

``(2) Construction.—Paragraph (1) does not create a cause of action for punitive damages and does not preempt or supersede any Federal or State law to the extent that such law would further limit the award of punitive damages.

``(d) Exceptions to Limitations on Liability.—

``(1) In general.—The limitations on the liability of a teacher under this subpart shall not apply to any misconduct that—

``(A) constitutes a crime of violence (as that term is defined in section 16 of title 18, United States Code) or act of international terrorism (as that term is defined in section 2331 of title 18, United States Code) for which the defendant has been convicted in any court;

``(B) involves a sexual offense, as defined by applicable State law, for which the defendant has been convicted in any court;

``(C) involves misconduct for which the defendant has been found to have violated a Federal or State civil rights law; or

``(D) where the defendant was under the influence (as determined pursuant to applicable State law) of intoxicating alcohol or any drug at the time of the misconduct.

``(2) Hiring.—The limitations on the liability of a teacher under this subpart shall not apply to misconduct during background investigations, or during other actions, involved in the hiring of a teacher.

``(e) Rules of Construction.—

``(1) Concerning responsibility of teachers to schools and governmental entities.—Nothing in this section shall be construed to affect any civil action brought by any school or any governmental entity against any teacher of such school.

``(2) Concerning corporal punishment.—Nothing in this subpart shall be construed to affect any State or local law (including a rule or regulation) or policy pertaining to the use of corporal punishment.

``SEC. 2367. ALLOCATION OF RESPONSIBILITY FOR NONECONOMIC LOSS.

``(a) General Rule.—In any civil action against a teacher, based on an act or omission of a teacher acting within the scope of the teacher's employment or responsibilities to a school or governmental entity, the liability of the teacher for noneconomic loss shall be determined in accordance with subsection (b).

``(b) Amount of Liability.—

``(1) In general.—

``(A) Liability.—Each defendant who is a teacher shall be liable only for the amount of noneconomic loss allocated to that defendant in direct proportion to the percentage of responsibility of that defendant (determined in accordance with paragraph (2)) for the harm to the claimant with respect to which that defendant is liable.

``(B) Separate judgment.—The court shall render a separate judgment against each defendant in an amount determined pursuant to subparagraph (A).

``(2) Percentage of responsibility.—For purposes of determining the amount of noneconomic loss allocated to a defendant who is a teacher under this section, the trier of fact shall determine the percentage of responsibility of each person responsible for the claimant's harm, whether or not such person is a party to the action.

``(c) Rule of Construction.—Nothing in this section shall be construed to preempt or supersede any Federal or State law that further limits the application of joint liability in a civil action described in subsection (a), beyond the limitations established in this section.

``SEC. 2368. EFFECTIVE DATE.

``(a) In General.—This subpart shall take effect 90 days after the date of enactment of the No Child Left Behind Act of 2001.

``(b) Application.—This subpart applies to any claim for harm caused by an act or omission of a teacher if that claim is filed on or after the effective date of the No Child Left Behind Act of 2001 without regard to whether the harm that is the subject of the claim or the conduct that caused the harm occurred before such effective date.

``PART D—ENHANCING EDUCATION THROUGH TECHNOLOGY

``SEC. 2401. SHORT TITLE.

``This part may be cited as the `Enhancing Education Through Technology Act of 2001´.

``SEC. 2402. PURPOSES AND GOALS.

``(a) Purposes.—The purposes of this part are the following:

``(1) To provide assistance to States and localities for the implementation and support of a comprehensive system that effectively uses technology in elementary schools and secondary schools to improve student academic achievement.

``(2) To encourage the establishment or expansion of initiatives, including initiatives involving public-private partnerships, designed to increase access to technology, particularly in schools served by high-need local educational agencies.

``(3) To assist States and localities in the acquisition, development, interconnection, implementation, improvement, and maintenance of an effective educational technology infrastructure in a manner that expands access to technology for students (particularly for disadvantaged students) and teachers.

``(4) To promote initiatives that provide school teachers, principals, and administrators with the capacity to integrate technology effectively into curricula and instruction that are aligned with challenging State academic content and student academic achievement standards, through such means as high-quality professional development programs.

``(5) To enhance the ongoing professional development of teachers, principals, and administrators by providing constant access to training and updated research in teaching and learning through electronic means.

``(6) To support the development and utilization of electronic networks and other innovative methods, such as distance learning, of delivering specialized or rigorous academic courses and curricula for students in areas that would not otherwise have access to such courses and curricula, particularly in geographically isolated regions.

``(7) To support the rigorous evaluation of programs funded under this part, particularly regarding the impact of such programs on student academic achievement, and ensure that timely information on the results of such evaluations is widely accessible through electronic means.

``(8) To support local efforts using technology to promote parent and family involvement in education and communication among students, parents, teachers, principals, and administrators.

``(b) Goals.—

``(1) Primary goal.—The primary goal of this part is to improve student academic achievement through the use of technology in elementary schools and secondary schools.

``(2) Additional goals.—The additional goals of this part are the following:

``(A) To assist every student in crossing the digital divide by ensuring that every student is technologically literate by the time the student finishes the eighth grade, regardless of the student's race, ethnicity, gender, family income, geographic location, or disability.

``(B) To encourage the effective integration of technology resources and systems with teacher training and curriculum development to establish research-based instructional methods that can be widely implemented as best practices by State educational agencies and local educational agencies.

``SEC. 2403. DEFINITIONS.

``In this part:

``(1) Eligible local entity.—The term `eligible local entity' means—

``(A) a high-need local educational agency; or

``(B) an eligible local partnership.

``(2) Eligible local partnership.—The term `eligible local partnership' means a partnership that—

``(A) shall include at least one high-need local educational agency and at least one—

``(i) local educational agency that can demonstrate that teachers in schools served by the agency are effectively integrating technology and proven teaching practices into instruction, based on a review of relevant research, and that the integration results in improvement in—

``(I) classroom instruction in the core academic subjects; and

``(II) the preparation of students to meet challenging State academic content and student academic achievement standards;

``(ii) institution of higher education that is in full compliance with the reporting requirements of section 207(f) of the Higher Education Act of 1965 and that has not been identified by its State as low-performing under section 208 of such Act;

``(iii) for-profit business or organization that develops, designs, manufactures, or produces technology products or services, or has substantial expertise in the application of technology in instruction; or

``(iv) public or private nonprofit organization with demonstrated experience in the application of educational technology to instruction; and

``(B) may include other local educational agencies, educational service agencies, libraries, or other educational entities appropriate to provide local programs.

``(3) High-need local educational agency.—The term `high-need local educational agency' means a local educational agency that—

``(A) is among the local educational agencies in a State with the highest numbers or percentages of children from families with incomes below the poverty line; and

``(B)(i) operates one or more schools identified under section 1116; or

``(ii) has a substantial need for assistance in acquiring and using technology.

``SEC. 2404. AUTHORIZATION OF APPROPRIATIONS.

``(a) In General.—There are authorized to be appropriated to carry out subparts 1 and 2, $1,000,000,000 for fiscal year 2002, and such sums as may be necessary for each of the 5 succeeding fiscal years.

``(b) Allocation of Funds Between State and Local and National Initiatives.—The amount of funds made available under subsection (a) for a fiscal year shall be allocated so that—

``(1) not less than 98 percent is made available to carry out subpart 1; and

``(2) not more than 2 percent is made available to carry out subpart 2.

``(c) Allocation of Funds for Study.—Of the total amount of funds allocated under subsection (b)(2) for fiscal years 2002 through 2007, not more than $15,000,000 may be used to carry out section 2421(a).

``(d) Limitation.—Of the amount of funds made available to a recipient of funds under this part for a fiscal year, not more than 5 percent may be used by the recipient for administrative costs or technical assistance, of which not more than 60 percent may be used by the recipient for administrative costs.

``Subpart 1—State and Local Technology Grants

``SEC. 2411. ALLOTMENT AND REALLOTMENT.

``(a) Reservations and Allotment.—From the amount made available to carry out this subpart under section 2404(b)(1) for a fiscal year—

``(1) the Secretary shall reserve—

``(A) three-fourths of 1 percent for the Secretary of the Interior for programs under this subpart for schools operated or funded by the Bureau of Indian Affairs;

``(B) one-half of 1 percent to provide assistance under this subpart to the outlying areas; and

``(C) such sums as may be necessary for continuation awards on grants awarded under section 3136 prior to the date of enactment of the No Child Left Behind Act of 2001; and

``(2) from the remainder of such amount and subject to subsection (b), the Secretary shall make grants by allotting to each eligible State educational agency under this subpart an amount that bears the same relationship to such remainder for such year as the amount received under part A of title I for such year by such State educational agency bears to the amount received under such part for such year by all State educational agencies.

``(b) Minimum Allotment.—The amount of any State educational agency's allotment under subsection (a)(2) for any fiscal year may not be less than one-half of 1 percent of the amount made available for allotments to States under this part for such year.

``(c) Reallotment of Unused Funds.—If any State educational agency does not apply for an allotment under this subpart for a fiscal year, or does not use its entire allotment under this subpart for that fiscal year, the Secretary shall reallot the amount of the State educational agency's allotment, or the unused portion of the allotment, to the remaining State educational agencies that use their entire allotments under this subpart in accordance with this section.

``(d) State Educational Agency Defined.—In this section, the term `State educational agency' does not include an agency of an outlying area or the Bureau of Indian Affairs.

``SEC. 2412. USE OF ALLOTMENT BY STATE.

``(a) In General.—Of the amount provided to a State educational agency (from the agency's allotment under section 2411(a)(2)) for a fiscal year—

``(1) the State educational agency may use not more than 5 percent to carry out activities under section 2415; and

``(2) the State educational agency shall distribute the remainder as follows:

``(A) From 50 percent of the remainder, the State educational agency shall award subgrants by allocating to each eligible local educational agency that has submitted an application to the State educational agency under section 2414, for the activities described in section 2416, an amount that bears the same relationship to 50 percent of the remainder for such year as the amount received under part A of title I for such year by such local educational agency bears to the amount received under such part for such year by all local educational agencies within the State.

``(B) From 50 percent of the remainder and subject to subsection (b), the State educational agency shall award subgrants, through a State-determined competitive process, to eligible local entities that have submitted applications to the State educational agency under section 2414, for the activities described in section 2416.

``(b) Sufficient Amounts.—

``(1) Special rule.—In awarding a subgrant under subsection (a)(2)(B), the State educational agency shall—

``(A) determine the local educational agencies that—

``(i) received allocations under subsection (a)(2)(A) that are not of sufficient size to be effective, consistent with the purposes of this part; and

``(ii) are eligible local entities;

``(B) give priority to applications submitted by eligible local educational agencies described in subparagraph (A); and

``(C) determine the minimum amount for awards under subsection (a)(2)(B) to ensure that subgrants awarded under that subsection are of sufficient size to be effective.

``(2) Sufficiency.—In awarding subgrants under subsection (a)(2)(B), each State educational agency shall ensure that each subgrant is of sufficient size and duration, and that the program funded by the subgrant is of sufficient scope and quality, to carry out the purposes of this part effectively.

``(3) Distribution.—In awarding subgrants under subsection (a)(2)(B), each State educational agency shall ensure an equitable distribution of assistance under this subpart among urban and rural areas of the State, according to the demonstrated need of those local educational agencies serving the areas.

``(c) Fiscal Agent.—If an eligible local partnership receives a subgrant under subsection (a)(2)(B), a local educational agency in the partnership shall serve as the fiscal agent for the partnership.

``(d) Technical Assistance.—Each State educational agency receiving a grant under section 2411(a) shall—

``(1) identify the local educational agencies served by the State educational agency that—

``(A) have the highest numbers or percentages of children from families with incomes below the poverty line; and

``(B) demonstrate to such State educational agency the greatest need for technical assistance in developing an application under section 2414; and

``(2) offer the technical assistance described in paragraph (1)(B) to those local educational agencies.

``SEC. 2413. STATE APPLICATIONS.

``(a) In General.—To be eligible to receive a grant under this subpart, a State educational agency shall submit to the Secretary, at such time and in such manner as the Secretary may specify, an application containing a new or updated statewide long-range strategic educational technology plan (which shall address the educational technology needs of local educational agencies) and such other information as the Secretary may reasonably require.

``(b) Contents.—Each State application submitted under subsection (a) shall include each of the following:

``(1) An outline of the State educational agency's long-term strategies for improving student academic achievement, including technology literacy, through the effective use of technology in classrooms throughout the State, including through improving the capacity of teachers to integrate technology effectively into curricula and instruction.

``(2) A description of the State educational agency's goals for using advanced technology to improve student academic achievement, and how those goals are aligned with challenging State academic content and student academic achievement standards.

``(3) A description of how the State educational agency will take steps to ensure that all students and teachers in the State, particularly students and teachers in districts served by high-need local educational agencies, have increased access to technology.

``(4) A description of the process and accountability measures that the State educational agency will use to evaluate the extent to which activities funded under this subpart are effective in integrating technology into curricula and instruction.

``(5) A description of how the State educational agency will encourage the development and utilization of innovative strategies for the delivery of specialized or rigorous academic courses and curricula through the use of technology, including distance learning technologies, particularly for those areas of the State that would not otherwise have access to such courses and curricula due to geographical isolation or insufficient resources.

``(6) An assurance that financial assistance provided under this subpart will supplement, and not supplant, State and local funds.

``(7) A description of how the plan incorporates teacher education, professional development, and curriculum development, and how the State educational agency will work to ensure that teachers and principals in a State receiving funds under this part are technologically literate.

``(8) A description of—

``(A) how the State educational agency will provide technical assistance to applicants under section 2414, especially to those applicants serving the highest numbers or percentages of children in poverty or with the greatest need for technical assistance; and

``(B) the capacity of the State educational agency to provide such assistance.

``(9) A description of technology resources and systems that the State will provide for the purpose of establishing best practices that can be widely replicated by State educational agencies and local educational agencies in the State and in other States.

``(10) A description of the State's long-term strategies for financing technology to ensure that all students, teachers, and classrooms have access to technology.

``(11) A description of the State's strategies for using technology to increase parental involvement.

``(12) A description of how the State educational agency will ensure that each subgrant awarded under section 2412(a)(2)(B) is of sufficient size and duration, and that the program funded by the subgrant is of sufficient scope and quality, to carry out the purposes of this part effectively.

``(13) A description of how the State educational agency will ensure ongoing integration of technology into school curricula and instructional strategies in all schools in the State, so that technology will be fully integrated into the curricula and instruction of the schools by December 31, 2006.

``(14) A description of how the local educational agencies in the State will provide incentives to teachers who are technologically literate and teaching in rural or urban areas, to encourage such teachers to remain in those areas.

``(15) A description of how public and private entities will participate in the implementation and support of the plan.

``(c) Deemed Approval.—An application submitted by a State educational agency pursuant to subsection (a) shall be deemed to be approved by the Secretary unless the Secretary makes a written determination, prior to the expiration 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 part.

``(d) Disapproval.—The Secretary shall not finally disapprove the application, except after giving the State educational agency notice and an opportunity for a hearing.

``(e) Notification.—If the Secretary finds that the application is not in compliance, in whole or in part, with this part, 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 application that are not in compliance; and

``(B) request additional information, only as to the noncompliant provisions, needed to make the application compliant.

``(f) Response.—If the State educational agency responds to the Secretary's notification described in subsection (e)(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 subsection (e)(2)(B), the Secretary shall approve or disapprove such application prior to the later of—

``(1) the expiration of the 45-day period beginning on the date on which the application is resubmitted; or

``(2) the expiration of the 120-day period described in subsection (c).

``(g) Failure to Respond.—If the State educational agency does not respond to the Secretary's notification described in subsection (e)(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. 2414. LOCAL APPLICATIONS.

``(a) In General.—To be eligible to receive a subgrant from a State educational agency under this subpart, a local educational agency or eligible local entity shall submit to the State educational agency an application containing a new or updated local long-range strategic educational technology plan that is consistent with the objectives of the statewide educational technology plan described in section 2413(a), and such other information as the State educational agency may reasonably require, at such time and in such manner as the State educational agency may require.

``(b) Contents.—The application shall include each of the following:

``(1) A description of how the applicant will use Federal funds under this subpart to improve the student academic achievement, including technology literacy, of all students attending schools served by the local educational agency and to improve the capacity of all teachers teaching in schools served by the local educational agency to integrate technology effectively into curricula and instruction.

``(2) A description of the applicant's specific goals for using advanced technology to improve student academic achievement, aligned with challenging State academic content and student academic achievement standards.

``(3) A description of the steps the applicant will take to ensure that all students and teachers in schools served by the local educational agency involved have increased access to educational technology, including how the agency would use funds under this subpart (such as combining the funds with funds from other sources), to help ensure that—

``(A) students in high-poverty and high-needs schools, or schools identified under section 1116, have access to technology; and

``(B) teachers are prepared to integrate technology effectively into curricula and instruction.

``(4) A description of how the applicant will—

``(A) identify and promote curricula and teaching strategies that integrate technology effectively into curricula and instruction, based on a review of relevant research, leading to improvements in student academic achievement, as measured by challenging State academic content and student academic achievement standards; and

``(B) provide ongoing, sustained professional development for teachers, principals, administrators, and school library media personnel serving the local educational agency, to further the effective use of technology in the classroom or library media center, including, if applicable, a list of the entities that will be partners with the local educational agency involved in providing the ongoing, sustained professional development.

``(5) A description of the type and costs of technologies to be acquired under this subpart, including services, software, and digital curricula, and including specific provisions for interoperability among components of such technologies.

``(6) A description of how the applicant will coordinate activities carried out with funds provided under this subpart with technology-related activities carried out with funds available from other Federal, State, and local sources.

``(7) A description of how the applicant will integrate technology (including software and other electronically delivered learning materials) into curricula and instruction, and a timeline for such integration.

``(8) A description of how the applicant will encourage the development and utilization of innovative strategies for the delivery of specialized or rigorous academic courses and curricula through the use of technology, including distance learning technologies, particularly for those areas that would not otherwise have access to such courses and curricula due to geographical isolation or insufficient resources.

``(9) A description of how the applicant will ensure the effective use of technology to promote parental involvement and increase communication with parents, including a description of how parents will be informed of the technology being applied in their child's education so that the parents are able to reinforce at home the instruction their child receives at school.

``(10) A description of how programs will be developed, where applicable, in collaboration with adult literacy service providers, to maximize the use of technology.

``(11) A description of the process and accountability measures that the applicant will use to evaluate the extent to which activities funded under this subpart are effective in integrating technology into curricula and instruction, increasing the ability of teachers to teach, and enabling students to meet challenging State academic content and student academic achievement standards.

``(12) A description of the supporting resources (such as services, software, other electronically delivered learning materials, and print resources) that will be acquired to ensure successful and effective uses of technology.

``(c) Combined Applications.—A local educational agency that is an eligible local entity and submits an application to the State educational agency under this section for funds awarded under section 2412(a)(2)(A) may combine the agency's application for funds awarded under that section with an application for funds awarded under section 2412(a)(2)(B).

``(d) Special Rule.—

``(1) Consortium applications.—

``(A) In general.—For any fiscal year, a local educational agency applying for financial assistance described in section 2412(a)(2)(A) may apply as part of a consortium that includes other local educational agencies, institutions of higher education, educational service agencies, libraries, or other educational entities appropriate to provide local programs.

``(B) Fiscal agent.—If a local educational agency applies for and receives financial assistance described in section 2412(a)(2)(A) as part of a consortium, the local educational agency shall serve as the fiscal agent for the consortium.

``(2) State educational agency assistance.—At the request of a local educational agency, a State educational agency may assist the local educational agency in the formation of a consortium described in paragraph (1) to provide services for the teachers and students served by the local educational agency.

``SEC. 2415. STATE ACTIVITIES.

``From funds made available under section 2412(a)(1), a State educational agency shall carry out activities and assist local efforts to carry out the purposes of this part, which may include the following activities:

``(1) Developing, or assisting applicants or recipients of funds under this subpart in the development and utilization of, innovative strategies for the delivery of specialized or rigorous academic courses and curricula through the use of technology, including distance learning technologies, and providing other technical assistance to such applicants or recipients throughout the State, with priority given to high-need local educational agencies.

``(2) Establishing or supporting public-private initiatives (such as interest-free or reduced-cost loans) for the acquisition of educational technology for high-need local educational agencies and students attending schools served by such agencies.

``(3) Assisting recipients of funds under this subpart in providing sustained and intensive, high-quality professional development based on a review of relevant research in the integration of advanced technologies, including emerging technologies, into curricula and instruction and in using those technologies to create new learning environments, including training in the use of technology to—

``(A) access data and resources to develop curricula and instructional materials;

``(B) enable teachers—

``(i) to use the Internet and other technology to communicate with parents, other teachers, principals, and administrators; and

``(ii) to retrieve Internet-based learning resources; and

``(C) lead to improvements in classroom instruction in the core academic subjects, that effectively prepare students to meet challenging State academic content standards and student academic achievement standards.

``(4) Assisting recipients of funds under this subpart in providing all students (including students with disabilities and students with limited English proficiency) and teachers with access to educational technology.

``(5) Developing performance measurement systems to determine the effectiveness of educational technology programs funded under this subpart, particularly in determining the extent to which activities funded under this subpart are effective in integrating technology into curricula and instruction, increasing the ability of teachers to teach, and enabling students to meet challenging State academic content and student academic achievement standards.

``(6) Collaborating with other State educational agencies on distance learning, including making specialized or rigorous academic courses and curricula available to students in areas that would not otherwise have access to such courses and curricula.

``SEC. 2416. LOCAL ACTIVITIES.

``(a) Professional Development.—

``(1) In general.—A recipient of funds made available under section 2412(a)(2) shall use not less than 25 percent of such funds to provide ongoing, sustained, and intensive, high-quality professional development. The recipient shall provide professional development in the integration of advanced technologies, including emerging technologies, into curricula and instruction and in using those technologies to create new learning environments, such as professional development in the use of technology—

``(A) to access data and resources to develop curricula and instructional materials;

``(B) to enable teachers—

``(i) to use the Internet and other technology to communicate with parents, other teachers, principals, and administrators; and

``(ii) to retrieve Internet-based learning resources; and

``(C) to lead to improvements in classroom instruction in the core academic subjects, that effectively prepare students to meet challenging State academic content standards, including increasing student technology literacy, and student academic achievement standards.

``(2) Waivers.—Paragraph (1) shall not apply to a recipient of funds made available under section 2412(a)(2) that demonstrates, to the satisfaction of the State educational agency involved, that the recipient already provides ongoing, sustained, and intensive, high-quality professional development that is based on a review of relevant research, to all teachers in core academic subjects in the integration of advanced technologies, including emerging technologies, into curricula and instruction.

``(b) Other Activities.—In addition to the activities described in subsection (a), a recipient of funds made available by a State educational agency under section 2412(a)(2) shall use such funds to carry out other activities consistent with this subpart, which may include the following:

``(1) Establishing or expanding initiatives, particularly initiatives involving public-private partnerships, designed to increase access to technology for students and teachers, with special emphasis on the access of high-need schools to technology.

``(2) Adapting or expanding existing and new applications of technology to enable teachers to increase student academic achievement, including technology literacy—

``(A) through the use of teaching practices that are based on a review of relevant research and are designed to prepare students to meet challenging State academic content and student academic achievement standards; and

``(B) by the development and utilization of innovative distance learning strategies to deliver specialized or rigorous academic courses and curricula to areas that would not otherwise have access to such courses and curricula.

``(3) Acquiring proven and effective courses and curricula that include integrated technology and are designed to help students meet challenging State academic content and student academic achievement standards.

``(4) Utilizing technology to develop or expand efforts to connect schools and teachers with parents and students to promote meaningful parental involvement, to foster increased communication about curricula, assignments, and assessments between students, parents, and teachers, and to assist parents to understand the technology being applied in their child's education, so that parents are able to reinforce at home the instruction their child receives at school.

``(5) Preparing one or more teachers in elementary schools and secondary schools as technology leaders who are provided with the means to serve as experts and train other teachers in the effective use of technology, and providing bonus payments to the technology leaders.

``(6) Acquiring, adapting, expanding, implementing, repairing, and maintaining existing and new applications of technology, to support the school reform effort and to improve student academic achievement, including technology literacy.

``(7) Acquiring connectivity linkages, resources, and services (including the acquisition of hardware and software and other electronically delivered learning materials) for use by teachers, students, academic counselors, and school library media personnel in the classroom, in academic and college counseling centers, or in school library media centers, in order to improve student academic achievement.

``(8) Using technology to collect, manage, and analyze data to inform and enhance teaching and school improvement efforts.

``(9) Implementing performance measurement systems to determine the effectiveness of education technology programs funded under this subpart, particularly in determining the extent to which activities funded under this subpart are effective in integrating technology into curricula and instruction, increasing the ability of teachers to teach, and enabling students to meet challenging State academic content and student academic achievement standards.

``(10) Developing, enhancing, or implementing information technology courses.

``Subpart 2—National Technology Activities

``SEC. 2421. NATIONAL ACTIVITIES.

``(a) Study.—Using funds made available under section 2404(b)(2), the Secretary—

``(1) shall conduct an independent, long-term study, utilizing scientifically based research methods and control groups or control conditions—

``(A) on the conditions and practices under which educational technology is effective in increasing student academic achievement; and

``(B) on the conditions and practices that increase the ability of teachers to integrate technology effectively into curricula and instruction, that enhance the learning environment and opportunities, and that increase student academic achievement, including technology literacy;

``(2) shall establish an independent review panel to advise the Secretary on methodological and other issues that arise in conducting the long-term study;

``(3) shall consult with other interested Federal departments or agencies, State and local educational practitioners and policymakers (including teachers, principals, and superintendents), and experts in technology, regarding the study; and

``(4) shall submit to Congress interim reports, when appropriate, and a final report, to be submitted not later than April 1, 2006, on the findings of the study.

``(b) Dissemination.—Using funds made available under section 2404(b)(2), the Secretary shall make widely available, including through dissemination on the Internet and to all State educational agencies and other recipients of funds under this part, findings identified through activities carried out under this section regarding the conditions and practices under which educational technology is effective in increasing student academic achievement.

``(c) Technical Assistance.—Using funds made available under section 2404(b)(2), the Secretary may provide technical assistance (directly or through the competitive award of grants or contracts) to State educational agencies, local educational agencies, and other recipients of funds, particularly in rural areas, under this part, in order to assist such State educational agencies, local educational agencies, and other recipients to achieve the purposes of this part.

``SEC. 2422. NATIONAL EDUCATION TECHNOLOGY PLAN.

``(a) In General.—Based on the Nation's progress and an assessment by the Secretary of the continuing and future needs of the Nation's schools in effectively using technology to provide all students the opportunity to meet challenging State academic content and student academic achievement standards, the Secretary shall update and publish, in a form readily accessible to the public, a national long-range technology plan, by not later than 12 months after the date of enactment of the No Child Left Behind Act of 2001.

``(b) Contents.—The plan referred to in subsection (a) shall include each of the following:

``(1) A description of the manner in which the Secretary will promote—

``(A) higher student academic achievement through the integration of advanced technologies, including emerging technologies, into curricula and instruction;

``(B) increased access to technology for teaching and learning for schools with a high number or percentage of children from families with incomes below the poverty line; and

``(C) the use of technology to assist in the implementation of State systemic reform strategies.

``(2) A description of joint activities of the Department of Education and other Federal departments or agencies that will promote the use of technology in education.

``Subpart 3—Ready-to-Learn Television

``SEC. 2431. READY-TO-LEARN TELEVISION.

``(a) Program Authorized.—

``(1) In general.—The Secretary is authorized to award grants to, or enter into contracts or cooperative agreements with, eligible entities described in paragraph (3) to enable such entities—

``(A) to develop, produce, and distribute educational and instructional video programming for preschool and elementary school children and their parents in order to facilitate student academic achievement;

``(B) to facilitate the development, directly or through contracts with producers of children and family educational television programming, of educational programming for preschool and elementary school children, and the accompanying support materials and services that promote the effective use of such programming;

``(C) to facilitate the development of programming and digital content containing Ready-to-Learn-based children's programming and resources for parents and caregivers that is specially designed for nationwide distribution over public television stations' digital broadcasting channels and the Internet;

``(D) to contract with entities (such as public telecommunications entities) so that programs developed under this section are disseminated and distributed to the widest possible audience appropriate to be served by the programming, and through the use of the most appropriate distribution technologies; and

``(E) to develop and disseminate education and training materials, including interactive programs and programs adaptable to distance learning technologies, that are designed—

``(i) to promote school readiness; and

``(ii) to promote the effective use of materials developed under subparagraphs (B) and (C) among parents, teachers, Head Start providers, Even Start providers, providers of family literacy services, child care providers, early childhood development personnel, elementary school teachers, public libraries, and after-school program personnel caring for preschool and elementary school children.

``(2) Availability.—In awarding grants, contracts, or cooperative agreements under this section, the Secretary shall ensure that eligible entities make programming widely available, with support materials as appropriate, to young children, parents, child care workers, Head Start providers, Even Start providers, and providers of family literacy services to increase the effective use of such programming.

``(3) Eligible entities.—To be eligible to receive a grant, contract, or cooperative agreements under this section, an entity shall be a public telecommunications entity that is able to demonstrate each of the following:

``(A) A capacity for the development and national distribution of educational and instructional television programming of high quality that is accessible by a large majority of disadvantaged preschool and elementary school children.

``(B) A capacity to contract with the producers of children's television programming for the purpose of developing educational television programming of high quality.

``(C) A capacity, consistent with the entity's mission and nonprofit nature, to negotiate such contracts in a manner that returns to the entity an appropriate share of any ancillary income from sales of any program-related products.

``(D) A capacity to localize programming and materials to meet specific State and local needs and to provide educational outreach at the local level.

``(4) Coordination of activities.—An entity receiving a grant, contract, or cooperative agreement under this section shall consult with the Secretary and the Secretary of Health and Human Services—

``(A) to maximize the utilization of quality educational programming by preschool and elementary school children, and make such programming widely available to federally funded programs serving such populations; and

``(B) to coordinate activities with Federal programs that have major training components for early childhood development, including programs under the Head Start Act (42 U.S.C. 9831 et seq.) and Even Start, and State training activities funded under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), regarding the availability and utilization of materials developed under paragraph (1)(E) to enhance parent and child care provider skills in early childhood development and education.

``(b) Applications.—To be eligible to receive a grant, contract, or cooperative agreement under subsection (a), an entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may reasonably require.

``(c) Reports and Evaluations.—

``(1) Annual report to the secretary.—An entity receiving a grant, contract, or cooperative agreement under this section shall prepare and submit to the Secretary an annual report that contains such information as the Secretary may require. At a minimum, the report shall describe the program activities undertaken with funds received under the grant, contract, or cooperative agreement, including each of the following:

``(A) The programming that has been developed, directly or indirectly, by the eligible entity, and the target population of the programs developed.

``(B) The support and training materials that have been developed to accompany the programming, and the method by which the materials are distributed to consumers and users of the programming.

``(C) The means by which programming developed under this section has been distributed, including the distance learning technologies that have been utilized to make programming available, and the geographic distribution achieved through such technologies.

``(D) The initiatives undertaken by the entity to develop public-private partnerships to secure non-Federal support for the development, distribution, and broadcast of educational and instructional programming.

``(2) Report to congress.—The Secretary shall prepare and submit to the relevant committees of Congress a biannual report that includes the following:

``(A) A summary of the activities assisted under subsection (a).

``(B) A description of the education and training materials made available under subsection (a)(1)(E), the manner in which outreach has been conducted to inform parents and child care providers of the availability of such materials, and the manner in which such materials have been distributed in accordance with such subsection.

``(d) Administrative Costs.—An entity that receives a grant, contract, or cooperative agreement under this section may use up to 5 percent of the amount received under the grant, contract, or agreement for the normal and customary expenses of administering the grant, contract, or agreement.

``(e) Authorization of Appropriations.—

``(1) In general.—There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2002, and for each of the 5 succeeding fiscal years.

``(2) Funding rule.—Not less than 60 percent of the amount appropriated under paragraph (1) for each fiscal year shall be used to carry out activities under subparagraphs (B) through (D) of subsection (a)(1).

``Subpart 4—Limitation on Availability of Certain Funds for Schools

``SEC. 2441. INTERNET SAFETY.

``(a) In General.—No funds made available under this part to a local educational agency for an elementary school or secondary school that does not receive services at discount rates under section 254(h)(5) of the Communications Act of 1934 (47 U.S.C. 254(h)(5)) may be used to purchase computers used to access the Internet, or to pay for direct costs associated with accessing the Internet, for such school unless the school, school board, local educational agency, or other authority with responsibility for administration of such school both—

``(1)(A) has in place a policy of Internet safety for minors that includes the operation of a technology protection measure with respect to any of its computers with Internet access that protects against access through such computers to visual depictions that are—

``(i) obscene;

``(ii) child pornography; or

``(iii) harmful to minors; and

``(B) is enforcing the operation of such technology protection measure during any use of such computers by minors; and

``(2)(A) has in place a policy of Internet safety that includes the operation of a technology protection measure with respect to any of its computers with Internet access that protects against access through such computers to visual depictions that are—

``(i) obscene; or

``(ii) child pornography; and

``(B) is enforcing the operation of such technology protection measure during any use of such computers.

``(b) Timing and Applicability of Implementation.—

``(1) In general.—The local educational agency with responsibility for a school covered by subsection (a) shall certify the compliance of such school with the requirements of subsection (a) as part of the application process for the next program funding year under this Act following December 21, 2000, and for each subsequent program funding year thereafter.

``(2) Process.—

``(A) Schools with internet safety policies and technology protection measures in place.—A local educational agency with responsibility for a school covered by subsection (a) that has in place an Internet safety policy meeting the requirements of subsection (a) shall certify its compliance with subsection (a) during each annual program application cycle under this Act.

``(B) Schools without internet safety policies and technology protection measures in place.—

``(i) Certification.—A local educational agency with responsibility for a school covered by subsection (a) that does not have in place an Internet safety policy meeting the requirements of subsection (a)—

``(I) for the first program year after December 21, 2000, in which the local educational agency is applying for funds for such school under this Act, shall certify that it is undertaking such actions, including any necessary procurement procedures, to put in place an Internet safety policy that meets such requirements; and

``(II) for the second program year after December 21, 2000, in which the local educational agency is applying for funds for such school under this Act, shall certify that such school is in compliance with such requirements.

``(ii) Ineligibility.—Any school covered by subsection (a) for which the local educational agency concerned is unable to certify compliance with such requirements in such second program year shall be ineligible for all funding under this part for such second program year and all subsequent program years until such time as such school comes into compliance with such requirements.

``(C) Waivers.—Any school subject to a certification under subparagraph (B)(i)(II) for which the local educational agency concerned cannot make the certification otherwise required by that subparagraph may seek a waiver of that subparagraph if State or local procurement rules or regulations or competitive bidding requirements prevent the making of the certification otherwise required by that subparagraph. The local educational agency concerned shall notify the Secretary of the applicability of that subparagraph to the school. Such notice shall certify that the school will be brought into compliance with the requirements in subsection (a) before the start of the third program year after December 21, 2000, in which the school is applying for funds under this part.

``(c) Disabling During Certain Use.—An administrator, supervisor, or person authorized by the responsible authority under subsection (a) may disable the technology protection measure concerned to enable access for bona fide research or other lawful purposes.

``(d) Noncompliance.—

``(1) Use of general education provisions act remedies.—

``Whenever the Secretary has reason to believe that any recipient of funds under this part is failing to comply substantially with the requirements of this section, the Secretary may—

``(A) withhold further payments to the recipient under this part;

``(B) issue a complaint to compel compliance of the recipient through a cease and desist order; or

``(C) enter into a compliance agreement with a recipient to bring it into compliance with such requirements,

``in same manner as the Secretary is authorized to take such actions under sections 455, 456, and 457, respectively, of the General Education Provisions Act.

``(2) Recovery of funds prohibited.—The actions authorized by paragraph (1) are the exclusive remedies available with respect to the failure of a school to comply substantially with a provision of this section, and the Secretary shall not seek a recovery of funds from the recipient for such failure.

``(3) Recommencement of payments.—Whenever the Secretary determines (whether by certification or other appropriate evidence) that a recipient of funds who is subject to the withholding of payments under paragraph (1)(A) has cured the failure providing the basis for the withholding of payments, the Secretary shall cease the withholding of payments to the recipient under that paragraph.

``(e) Definitions.—In this subpart:

``(1) Computer.—The term `computer' includes any hardware, software, or other technology attached or connected to, installed in, or otherwise used in connection with a computer.

``(2) Access to internet.—A computer shall be considered to have access to the Internet if such computer is equipped with a modem or is connected to a computer network that has access to the Internet.

``(3) Acquisition or operation.—An elementary school or secondary school shall be considered to have received funds under this part for the acquisition or operation of any computer if such funds are used in any manner, directly or indirectly—

``(A) to purchase, lease, or otherwise acquire or obtain the use of such computer; or

``(B) to obtain services, supplies, software, or other actions or materials to support, or in connection with, the operation of such computer.

``(4) Minor.—The term `minor' means an individual who has not attained the age of 17.

``(5) Child pornography.—The term `child pornography' has the meaning given that term in section 2256 of title 18, United States Code.

``(6) Harmful to minors.—The term `harmful to minors' means any picture, image, graphic image file, or other visual depiction that—

``(A) taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion;

``(B) depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or a lewd exhibition of the genitals; and

``(C) taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors.

``(7) Obscene.—The term `obscene' has the meaning applicable to that term under section 1460 of title 18, United States Code.

``(8) Sexual act and sexual contact.—The terms `sexual act' and `sexual contact' have the meanings given those terms in section 2246 of title 18, United States Code.

``(f) Severability.—If any provision of this section is held invalid, the remainder of this section shall not be affected thereby.´´.

SEC. 202. CONTINUATION OF AWARDS.

Notwithstanding any other provision of this Act or the Elementary and Secondary Education Act of 1965, in the case of—

(1) a person or entity that, prior to the date of enactment of this Act, was awarded funds appropriated under the Department of Education Appropriations Act, 2001 for new teacher recruitment initiatives; or

(2) a person or agency that, prior to the date of enactment of this Act, was awarded a grant or contract under part K of title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8331 et seq.), the Secretary of Education shall continue to provide funds in accordance with the terms of such award until the date on which the award period terminates.