Higher Education Act of 1965 (20 U.S.C. 1021)

Attachment 14b:
Higher Education Act of 1965
(20 U.S.C. 1021)

Attachment 14b: Higher Education Act of 1965 (20 U.S.C. 1021)

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TITLE II—TEACHER QUALITY
ENHANCEMENT
SEC. 200. ø20 U.S.C. 1021¿ DEFINITIONS.

In this title:
(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 subject matter areas
in which teachers provide instruction; and
(B) when referring to a specific academic subject area,
the disciplines or content areas in which academic majors
are offered by the arts and sciences organizational unit.
(2) CHILDREN FROM LOW-INCOME FAMILIES.—The term
‘‘children from low-income families’’ means children described
in section 1124(c)(1)(A) of the Elementary and Secondary Education Act of 1965.
(3) CORE ACADEMIC SUBJECTS.—The term ‘‘core academic
subjects’’ means English, reading or language arts, mathematics, science, foreign languages, civics and government, economics, arts, history, and geography.
(4) EARLY CHILDHOOD EDUCATOR.—The term ‘‘early childhood educator’’ means an individual with primary responsibility for the education of children in an early childhood education program.
(5) EDUCATIONAL SERVICE AGENCY.—The term ‘‘educational
service agency’’ has the meaning given the term in section
8101 of the Elementary and Secondary Education Act of 1965.
(6) ELIGIBLE PARTNERSHIP.—Except as otherwise provided
in section 251, the term ‘‘eligible partnership’’ means an entity
that—
(A) shall include—
(i) a high-need local educational agency;
(ii)(I) a high-need school or a consortium of highneed schools served by the high-need local educational
agency; or
(II) as applicable, a high-need early childhood education program;
(iii) a partner institution;
(iv) a school, department, or program of education
within such partner institution, which may include an
existing teacher professional development program
with proven outcomes within a four-year institution of
higher education that provides intensive and sustained collaboration between faculty and local educational agencies consistent with the requirements of
this title; and
(v) a school or department of arts and sciences
within such partner institution; and
(B) may include any of the following:
(i) The Governor of the State.

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(ii) The State educational agency.
(iii) The State board of education.
(iv) The State agency for higher education.
(v) A business.
(vi) A public or private nonprofit educational organization.
(vii) An educational service agency.
(viii) A teacher organization.
(ix) A high-performing local educational agency, or
a consortium of such local educational agencies, that
can serve as a resource to the partnership.
(x) A charter school (as defined in section 4310 of
the Elementary and Secondary Education Act of 1965).
(xi) A school or department within the partner institution that focuses on psychology and human development.
(xii) A school or department within the partner institution with comparable expertise in the disciplines
of teaching, learning, and child and adolescent development.
(xiii) An entity operating a program that provides
alternative routes to State certification of teachers.
(7) ESSENTIAL COMPONENTS OF READING INSTRUCTION.—
The term ‘‘essential components of reading instruction’’ has the
meaning given the term in section 1208 of the Elementary and
Secondary Education Act of 1965 as such section was in effect
on the day before the date of enactment of the Every Student
Succeeds Act.
(8) EXEMPLARY TEACHER.—The term ‘‘exemplary teacher’’
has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 as such section was
in effect on the day before the date of enactment of the Every
Student Succeeds Act.
(9) HIGH-NEED EARLY CHILDHOOD EDUCATION PROGRAM.—
The term ‘‘high-need early childhood education program’’
means an early childhood education program serving children
from low-income families that is located within the geographic
area served by a high-need local educational agency.
(10) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—The term
‘‘high-need local educational agency’’ means a local educational
agency—
(A)(i) for which not less than 20 percent of the children served by the agency are children from low-income
families;
(ii) that serves not fewer than 10,000 children from
low-income families;
(iii) that meets the eligibility requirements for funding
under the Small, Rural School Achievement Program
under section 5211(b) of the Elementary and Secondary
Education Act of 1965; or
(iv) that meets the eligibility requirements for funding
under the Rural and Low-Income School Program under
section 5221(b) of the Elementary and Secondary Education Act of 1965; and
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(B)(i) for which there is a high percentage of teachers
not teaching in the academic subject areas or grade levels
in which the teachers were trained to teach; or
(ii) for which there is a high teacher turnover rate or
a high percentage of teachers with emergency, provisional,
or temporary certification or licensure.
(11) HIGH-NEED SCHOOL.—
(A) IN GENERAL.—The term ‘‘high-need school’’ means
a school that, based on the most recent data available,
meets one or both of the following:
(i) The school is in the highest quartile of schools
in a ranking of all schools served by a local educational agency, ranked in descending order by percentage of students from low-income families enrolled
in such schools, as determined by the local educational
agency based on one of the following measures of poverty:
(I) The percentage of students aged 5 through
17 in poverty counted in the most recent census
data approved by the Secretary.
(II) The percentage of students eligible for a
free or reduced price school lunch under the Richard B. Russell National School Lunch Act.
(III) The percentage of students in families receiving assistance under the State program funded under part A of title IV of the Social Security
Act.
(IV) The percentage of students eligible to receive medical assistance under the Medicaid program.
(V) A composite of two or more of the measures described in subclauses (I) through (IV).
(ii) In the case of—
(I) an elementary school, the school serves
students not less than 60 percent of whom are eligible for a free or reduced price school lunch
under the Richard B. Russell National School
Lunch Act; or
(II) any other school that is not an elementary
school, the other school serves students not less
than 45 percent of whom are eligible for a free or
reduced price school lunch under the Richard B.
Russell National School Lunch Act.
(B) SPECIAL RULE.—
(i) DESIGNATION BY THE SECRETARY.—The Secretary may, upon approval of an application submitted
by an eligible partnership seeking a grant under this
title, designate a school that does not qualify as a
high-need school under subparagraph (A) as a highneed school for the purpose of this title. The Secretary
shall base the approval of an application for designation of a school under this clause on a consideration of
the information required under clause (ii), and may
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also take into account other information submitted by
the eligible partnership.
(ii) APPLICATION REQUIREMENTS.—An application
for designation of a school under clause (i) shall include—
(I) the number and percentage of students attending such school who are—
(aa) aged 5 through 17 in poverty counted
in the most recent census data approved by
the Secretary;
(bb) eligible for a free or reduced price
school lunch under the Richard B. Russell National School Lunch Act;
(cc) in families receiving assistance under
the State program funded under part A of
title IV of the Social Security Act; or
(dd) eligible to receive medical assistance
under the Medicaid program;
(II) information about the student academic
achievement of students at such school; and
(III) for a secondary school, the graduation
rate for such school.
(12) HIGHLY COMPETENT.—The term ‘‘highly competent’’,
when used with respect to an early childhood educator, means
an educator—
(A) with specialized education and training in development and education of young children from birth until
entry into kindergarten;
(B) with—
(i) a baccalaureate degree in an academic major in
the arts and sciences; or
(ii) an associate’s degree in a related educational
area; and
(C) who has demonstrated a high level of knowledge
and use of content and pedagogy in the relevant areas associated with quality early childhood education.
øParagraph (13) was struck by section 9214(c)(1)(A) of Public
Law 114-95.¿
(14) INDUCTION PROGRAM.—The term ‘‘induction program’’
means a formalized program for new teachers during not less
than the teachers’ first two years of teaching that is designed
to provide support for, and improve the professional performance and advance the retention in the teaching field of, beginning teachers. Such program shall promote effective teaching
skills and shall include the following components:
(A) High-quality teacher mentoring.
(B) Periodic, structured time for collaboration with
teachers in the same department or field, including mentor
teachers, as well as time for information-sharing among
teachers, principals, administrators, other appropriate instructional staff, and participating faculty in the partner
institution.
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(C) The application of empirically-based practice and
scientifically valid research on instructional practices.
(D) Opportunities for new teachers to draw directly on
the expertise of teacher mentors, faculty, and researchers
to support the integration of empirically-based practice
and scientifically valid research with practice.
(E) The development of skills in instructional and behavioral interventions derived from empirically-based
practice and, where applicable, scientifically valid research.
(F) Faculty who—
(i) model the integration hof research and practice
in the classroom; and
(ii) assist new teachers with the effective use and
integration of technology in the classroom.
(G) Interdisciplinary collaboration among exemplary
teachers, faculty, researchers, and other staff who prepare
new teachers with respect to the learning process and the
assessment of learning.
(H) Assistance with the understanding of data, particularly student achievement data, and the applicability
of such data in classroom instruction.
(I) Regular and structured observation and evaluation
of new teachers by multiple evaluators, using valid and reliable measures of teaching skills.
(15) LIMITED ENGLISH PROFICIENT.—The term ‘‘limited
English proficient’’ has the meaning given the term ‘English
learner’ in section 8101 of the Elementary and Secondary Education Act of 1965.
(16) PARENT.—The term ‘‘parent’’ has the meaning given
the term in section 8101 of the Elementary and Secondary
Education Act of 1965.
(17) PARTNER INSTITUTION.—The term ‘‘partner institution’’
means an institution of higher education, which may include a
two-year institution of higher education offering a dual program with a four-year institution of higher education, participating in an eligible partnership that has a teacher preparation program—
(A) whose graduates exhibit strong performance on
State-determined qualifying assessments for new teachers
through—
(i) demonstrating that 80 percent or more of the
graduates of the program who intend to enter the field
of teaching have passed all of the applicable State
qualification assessments for new teachers, which
shall include an assessment of each prospective teacher’s subject matter knowledge in the content area in
which the teacher intends to teach; or
(ii) being ranked among the highest-performing
teacher preparation programs in the State as determined by the State—
(I) using criteria consistent with the requirements for the State report card under section
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205(b) before the first publication of such report
card; and
(II) using the State report card on teacher
preparation required under section 205(b), after
the first publication of such report card and for
every year thereafter; and
(B) that requires—
(i) each student in the program to meet high academic standards or demonstrate a record of success, as
determined by the institution (including prior to entering and being accepted into a program), and participate in intensive clinical experience;
(ii) each student in the program preparing to become a teacher who meets the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special
education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities
Education Act; and
(iii) each student in the program preparing to become an early childhood educator to meet degree requirements, as established by the State, and become
highly competent.
(18) PRINCIPLES OF SCIENTIFIC RESEARCH.—The term ‘‘principles of scientific research’’ means principles of research
that—
(A) apply rigorous, systematic, and objective methodology to obtain reliable and valid knowledge relevant to
education activities and programs;
(B) present findings and make claims that are appropriate to, and supported by, the methods that have been
employed; and
(C) include, appropriate to the research being conducted—
(i) use of systematic, empirical methods that draw
on observation or experiment;
(ii) use of data analyses that are adequate to support the general findings;
(iii) reliance on measurements or observational
methods that provide reliable and generalizable findings;
(iv) strong claims of causal relationships, only
with research designs that eliminate plausible competing explanations for observed results, such as, but
not limited to, random-assignment experiments;
(v) presentation of studies and methods in sufficient detail and clarity to allow for replication or, at
a minimum, to offer the opportunity to build systematically on the findings of the research;
(vi) acceptance by a peer-reviewed journal or critique by a panel of independent experts through a
comparably rigorous, objective, and scientific review;
and
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(vii) consistency of findings across multiple studies
or sites to support the generality of results and conclusions.
(19) PROFESSIONAL DEVELOPMENT.—The term ‘‘professional
development’’ has the meaning given the term in section 8101
of the Elementary and Secondary Education Act of 1965.
(20) SCIENTIFICALLY VALID RESEARCH.—The term ‘‘scientifically valid research’’ includes applied research, basic research,
and field-initiated research in which the rationale, design, and
interpretation are soundly developed in accordance with principles of scientific research.
(21) TEACHER MENTORING.—The term ‘‘teacher mentoring’’
means the mentoring of new or prospective teachers through a
program that—
(A) includes clear criteria for the selection of teacher
mentors who will provide role model relationships for
mentees, which criteria shall be developed by the eligible
partnership and based on measures of teacher effectiveness;
(B) provides high-quality training for such mentors,
including instructional strategies for literacy instruction
and classroom management (including approaches that improve the schoolwide climate for learning, which may include positive behavioral interventions and supports);
(C) provides regular and ongoing opportunities for
mentors and mentees to observe each other’s teaching
methods in classroom settings during the day in a highneed school in the high-need local educational agency in
the eligible partnership;
(D) provides paid release time for mentors, as applicable;
(E) provides mentoring to each mentee by a colleague
who teaches in the same field, grade, or subject as the
mentee;
(F) promotes empirically-based practice of, and scientifically valid research on, where applicable—
(i) teaching and learning;
(ii) assessment of student learning;
(iii) the development of teaching skills through the
use of instructional and behavioral interventions; and
(iv) the improvement of the mentees’ capacity to
measurably advance student learning; and
(G) includes—
(i) common planning time or regularly scheduled
collaboration for the mentor and mentee; and
(ii) joint professional development opportunities.
(22) TEACHING RESIDENCY PROGRAM.—The term ‘‘teaching
residency program’’ means a school-based teacher preparation
program in which a prospective teacher—
(A) for one academic year, teaches alongside a mentor
teacher, who is the teacher of record;
(B) receives concurrent instruction during the year described in subparagraph (A) from the partner institution,
which courses may be taught by local educational agency
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personnel or residency program faculty, in the teaching of
the content area in which the teacher will become certified
or licensed;
(C) acquires effective teaching skills; and
(D) prior to completion of the program—
(i) attains full State certification or licensure and,
with respect to special education teachers, meets the
qualifications described in section 612(a)(14)(C) of the
Individuals with Disabilities Education Act; and
(ii) acquires a master’s degree not later than 18
months after beginning the program.
(23) TEACHING SKILLS.—The term ‘‘teaching skills’’ means
skills that enable a teacher to—
(A) increase student learning, achievement, and the
ability to apply knowledge;
(B) effectively convey and explain academic subject
matter;
(C) effectively teach higher-order analytical, evaluation, problem-solving, and communication skills;
(D) employ strategies grounded in the disciplines of
teaching and learning that—
(i) are based on empirically-based practice and scientifically valid research, where applicable, related to
teaching and learning;
(ii) are specific to academic subject matter; and
(iii) focus on the identification of students’ specific
learning needs, particularly students with disabilities,
students who are limited English proficient, students
who are gifted and talented, and students with low literacy levels, and the tailoring of academic instruction
to such needs;
(E) conduct an ongoing assessment of student learning, which may include the use of formative assessments,
performance-based assessments, project-based assessments, or portfolio assessments, that measures higherorder thinking skills (including application, analysis, synthesis, and evaluation);
(F) effectively manage a classroom, including the ability to implement positive behavioral interventions and
support strategies;
(G) communicate and work with parents, and involve
parents in their children’s education; and
(H) use, in the case of an early childhood educator,
age-appropriate and developmentally appropriate strategies and practices for children in early childhood education
programs.

PART A—TEACHER QUALITY PARTNERSHIP
GRANTS
SEC. 201. ø20 U.S.C. 1022¿ PURPOSES.

The purposes of this part are to—
(1) improve student achievement;

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