20 U.S.C. § 6632 — Teacher and school leader incentive fund

Page 1429 TITLE 20—EDUCATION § 6632 1 See References in Text note below. (A) by which a local educational agency makes and implements human capital deci- sions, such as decisions on preparation, re- cruitment, hiring, placement, retention, dis- missal, compensation, professional develop- ment, tenure, and promotion; and (B) that includes a performance-based compensation system. (4) Performance-based compensation system The term ‘‘performance-based compensation system’’ means a system of compensation for teachers, principals, or other school leaders— (A) that differentiates levels of compensa- tion based in part on measurable increases in student academic achievement; and (B) which may include— (i) differentiated levels of compensation, which may include bonus pay, on the basis of the employment responsibilities and success of effective teachers, principals, or other school leaders in hard-to-staff schools or high-need subject areas; and (ii) recognition of the skills and knowl- edge of teachers, principals, or other school leaders as demonstrated through— (I) successful fulfillment of additional responsibilities or job functions, such as teacher leadership roles; and (II) evidence of professional achieve- ment and mastery of content knowledge and superior teaching and leadership skills. (Pub. L. 89–10, title II, § 2211, as added Pub. L. 114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1931.) Editorial Notes PRIOR PROVISIONS A prior section 6631, Pub. L. 89–10, title II, § 2131, as added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1633, defined terms in subpart 3 of part A of former subchapter II of this chapter, prior to repeal by Pub. L. 114–95, § 5, title II, § 2002, Dec. 10, 2015, 129 Stat. 1806, 1913, effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive pro- grams. A prior section 2211 of Pub. L. 89–10 was classified to section 6651 of this title, prior to the general amend- ment of this subchapter by Pub. L. 107–110. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive pro- grams, see section 5 of Pub. L. 114–95, set out as an Ef- fective Date of 2015 Amendment note under section 6301 of this title. § 6632. Teacher and school leader incentive fund grants (a) Grants authorized From the amounts reserved by the Secretary under section 6621(1) of this title, the Secretary shall award grants, on a competitive basis, to el- igible entities to enable the eligible entities to develop, implement, improve, or expand per- formance-based compensation systems or human capital management systems, in schools served by the eligible entity. (b) Duration of grants (1) In general A grant awarded under this subpart shall be for a period of not more than 3 years. (2) Renewal The Secretary may renew a grant awarded under this subpart for a period of not more than 2 years if the grantee demonstrates to the Secretary that the grantee is effectively using funds. Such renewal may include allow- ing the grantee to scale up or replicate the successful program. (3) Limitation A local educational agency may receive (whether individually or as part of a consor- tium or partnership) a grant under this sub- part, as amended by the Every Student Suc- ceeds Act,1 only twice. (c) Applications An eligible entity desiring a grant under this subpart shall submit an application to the Sec- retary at such time and in such manner as the Secretary may reasonably require. The applica- tion shall include— (1) a description of the performance-based compensation system or human capital man- agement system that the eligible entity pro- poses to develop, implement, improve, or ex- pand through the grant; (2) a description of the most significant gaps or insufficiencies in student access to effective teachers, principals, or other school leaders in high-need schools, including gaps or inequities in how effective teachers, principals, or other school leaders are distributed across the local educational agency, as identified using factors such as data on school resources, staffing pat- terns, school environment, educator support systems, and other school-level factors; (3) a description and evidence of the support and commitment from teachers, principals, or other school leaders, which may include char- ter school leaders, in the school (including or- ganizations representing teachers, principals, or other school leaders), the community, and the local educational agency to the activities proposed under the grant; (4) a description of how the eligible entity will develop and implement a fair, rigorous, valid, reliable, and objective process to evalu- ate teacher, principal, or other school leader performance under the system that is based in part on measures of student academic achieve- ment, including the baseline performance against which evaluations of improved per- formance will be made; (5) a description of the local educational agencies or schools to be served under the grant, including such student academic achievement, demographic, and socioeconomic information as the Secretary may request; (6) a description of the effectiveness of teachers, principals, or other school leaders in the local educational agency and the schools to be served under the grant and the extent to which the system will increase the effective- Page 1430 TITLE 20—EDUCATION § 6632 ness of teachers, principals, or other school leaders in such schools; (7) a description of how the eligible entity will use grant funds under this subpart in each year of the grant, including a timeline for im- plementation of such activities; (8) a description of how the eligible entity will continue the activities assisted under the grant after the grant period ends; (9) a description of the State, local, or other public or private funds that will be used to supplement the grant, including funds under part A, and sustain the activities assisted under the grant after the end of the grant pe- riod; (10) a description of— (A) the rationale for the project; (B) how the proposed activities are evi- dence-based; and (C) if applicable, the prior experience of the eligible entity in developing and imple- menting such activities; and (11) a description of how activities funded under this subpart will be evaluated, mon- itored, and publically reported. (d) Award basis (1) Priority In awarding a grant under this subpart, the Secretary shall give priority to an eligible en- tity that concentrates the activities proposed to be assisted under the grant on teachers, principals, or other school leaders serving in high-need schools. (2) Equitable distribution To the extent practicable, the Secretary shall ensure an equitable geographic distribu- tion of grants under this subpart, including the distribution of such grants between rural and urban areas. (e) Use of funds (1) In general An eligible entity that receives a grant under this subpart shall use the grant funds to develop, implement, improve, or expand, in collaboration with teachers, principals, other school leaders, and members of the public, a performance-based compensation system or human capital management system consistent with this subpart. (2) Authorized activities Grant funds under this subpart may be used for one or more of the following: (A) Developing or improving an evaluation and support system, including as part of a human capital management system as appli- cable, that— (i) reflects clear and fair measures of teacher, principal, or other school leader performance, based in part on dem- onstrated improvement in student aca- demic achievement; and (ii) provides teachers, principals, or other school leaders with ongoing, dif- ferentiated, targeted, and personalized support and feedback for improvement, in- cluding professional development opportu- nities designed to increase effectiveness. (B) Conducting outreach within a local educational agency or a State to gain input on how to construct an evaluation and sup- port system described in subparagraph (A) and to develop support for the evaluation and support system, including by training appropriate personnel in how to observe and evaluate teachers, principals, or other school leaders. (C) Providing principals or other school leaders with— (i) balanced autonomy to make budg- eting, scheduling, and other school-level decisions in a manner that meets the needs of the school without compromising the intent or essential components of the poli- cies of the local educational agency or State; and (ii) authority to make staffing decisions that meet the needs of the school, such as building an instructional leadership team that includes teacher leaders or offering opportunities for teams or pairs of effec- tive teachers or candidates to teach or start teaching in high-need schools to- gether. (D) Implementing, as part of a comprehen- sive performance-based compensation sys- tem, a differentiated salary structure, which may include bonuses and stipends, to— (i) teachers who— (I) teach in— (aa) high-need schools; or (bb) high-need subjects; (II) raise student academic achieve- ment; or (III) take on additional leadership re- sponsibilities; or (ii) principals or other school leaders who serve in high-need schools and raise student academic achievement in the schools. (E) Improving the local educational agen- cy’s system and process for the recruitment, selection, placement, and retention of effec- tive teachers, principals, or other school leaders in high-need schools, such as by im- proving local educational agency policies and procedures to ensure that high-need schools are competitive and timely in— (i) attracting, hiring, and retaining ef- fective educators; (ii) offering bonuses or higher salaries to effective educators; or (iii) establishing or strengthening school leader residency programs and teacher residency programs. (F) Instituting career advancement oppor- tunities characterized by increased responsi- bility and pay that reward and recognize ef- fective teachers, principals, or other school leaders in high-need schools and enable them to expand their leadership and results, such as through teacher-led professional develop- ment, mentoring, coaching, hybrid roles, ad- ministrative duties, and career ladders. (f) Matching requirement Each eligible entity that receives a grant under this subpart shall provide, from non-Fed- Page 1431 TITLE 20—EDUCATION § 6641 eral sources, an amount equal to 50 percent of the amount of the grant (which may be provided in cash or in kind) to carry out the activities supported by the grant. (g) Supplement, not supplant Grant funds provided under this subpart shall be used to supplement, not supplant, other Fed- eral or State funds available to carry out activi- ties described in this subpart. (Pub. L. 89–10, title II, § 2212, as added Pub. L. 114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1932.) Editorial Notes REFERENCES IN TEXT This subpart, as amended by the Every Student Suc- ceeds Act, referred to in subsec. (b)(3), probably means this subpart as enacted by Pub. L. 114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1931. PRIOR PROVISIONS A prior section 6632, Pub. L. 89–10, title II, § 2132, as added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1633, related to subgrants to eligible partnerships, prior to repeal by Pub. L. 114–95, § 5, title II, § 2002, Dec. 10, 2015, 129 Stat. 1806, 1913, effective Dec. 10, 2015, ex- cept with respect to certain noncompetitive programs and competitive programs. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive pro- grams, see section 5 of Pub. L. 114–95, set out as an Ef- fective Date of 2015 Amendment note under section 6301 of this title. § 6633. Reports (a) Activities summary Each eligible entity receiving a grant under this subpart shall provide to the Secretary a summary of the activities assisted under the grant. (b) Report The Secretary shall provide to Congress an an- nual report on the implementation of the pro- gram carried out under this subpart, including— (1) information on eligible entities that re- ceived grant funds under this subpart, includ- ing— (A) information provided by eligible enti- ties to the Secretary in the applications sub- mitted under section 6632(c) of this title; (B) the summaries received under sub- section (a); and (C) grant award amounts; and (2) student academic achievement and, as applicable, growth data from the schools par- ticipating in the programs supported under the grant. (c) Evaluation and technical assistance (1) Reservation of funds Of the total amount reserved for this sub- part for a fiscal year, the Secretary may re- serve for such fiscal year not more than 1 per- cent for the cost of the evaluation under para- graph (2) and for technical assistance in car- rying out this subpart. (2) Evaluation From amounts reserved under paragraph (1), the Secretary, acting through the Director of the Institute of Education Sciences, shall carry out an independent evaluation to meas- ure the effectiveness of the program assisted under this subpart. (3) Contents The evaluation under paragraph (2) shall measure— (A) the effectiveness of the program in im- proving student academic achievement; (B) the satisfaction of the participating teachers, principals, or other school leaders; and (C) the extent to which the program as- sisted the eligible entities in recruiting and retaining high-quality teachers, principals, or other school leaders, especially in high- need subject areas. (Pub. L. 89–10, title II, § 2213, as added Pub. L. 114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1935.) Editorial Notes PRIOR PROVISIONS Prior sections 6633 and 6634 were repealed by Pub. L. 114–95, § 5, title II, § 2002, Dec. 10, 2015, 129 Stat. 1806, 1913, effective Dec. 10, 2015, except with respect to cer- tain noncompetitive programs and competitive pro- grams. Section 6633, Pub. L. 89–10, title II, § 2133, as added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1633, related to subgrant applications. Section 6634, Pub. L. 89–10, title II, § 2134, as added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1633, related to use of funds. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive pro- grams, see section 5 of Pub. L. 114–95, set out as an Ef- fective Date of 2015 Amendment note under section 6301 of this title. SUBPART 2—LITERACY EDUCATION FOR ALL, RESULTS FOR THE NATION § 6641. Purposes; definitions (a) Purposes The purposes of this subpart are— (1) to improve student academic achieve- ment in reading and writing by providing Fed- eral support to States to develop, revise, or update comprehensive literacy instruction plans that, when implemented, ensure high- quality instruction and effective strategies in reading and writing from early education through grade 12; and (2) for States to provide targeted subgrants to early childhood education programs and local educational agencies and their public or private partners to implement evidence-based programs that ensure high-quality comprehen- sive literacy instruction for students most in need. (b) Definitions In this subpart: