Section, Pub. L. 110–69, title VI, §6001, Aug. 9, 2007, 121 Stat. 625, related to congressional findings.
Pub. L. 110–69, §1, Aug. 9, 2007, 121 Stat. 572, provided that: “This Act [see Tables for classification] may be cited as the ‘America COMPETES Act’ or the ‘America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science Act’.”
Pub. L. 110–69, title VIII, §8008, Aug. 9, 2007, 121 Stat. 718, provided that:
“(a)
“(b)
“(c)
“(d)
Unless otherwise specified in this chapter, the terms used in this chapter have the meanings given the terms in section 7801 of this title.
In this chapter:
The term “critical foreign language” means a foreign language that the Secretary determines, in consultation with the heads of such Federal departments and agencies as the Secretary determines appropriate, is critical to the national security and economic competitiveness of the United States.
The term “institution of higher education” has the meaning given the term in section 1001(a) of this title.
The term “Secretary” means the Secretary of Education.
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 accepted principles of scientific research.
(Pub. L. 110–69, title VI, §6001, formerly §6002, Aug. 9, 2007, 121 Stat. 625; renumbered §6001, Pub. L. 111–358, title X, §1002(b)(1), Jan. 4, 2011, 124 Stat. 4048.)
A prior section 6001 of Pub. L. 110–69 was classified to section 9801 of this title prior to repeal by Pub. L. 111–358.
The purpose of this part is—
(1) to develop and implement programs to provide integrated courses of study in science, technology, engineering, mathematics, or critical foreign languages, and teacher education, that lead to a baccalaureate degree in science, technology, engineering, mathematics, or a critical foreign language, with concurrent teacher certification;
(2) to develop and implement 2- or 3-year part-time master's degree programs in science, technology, engineering, mathematics, or critical foreign language education for teachers in order to enhance the teachers’ content knowledge and pedagogical skills; and
(3) to develop programs for professionals in science, technology, engineering, mathematics, or critical foreign language education that lead to a master's degree in teaching that results in teacher certification.
(Pub. L. 110–69, title VI, §6111, Aug. 9, 2007, 121 Stat. 626.)
In this part:
The term “children from low-income families” means children described in section 6333(c)(1)(A) of this title.
The term “eligible recipient” means an institution of higher education that receives grant funds under this part on behalf of a department of science, technology, engineering, mathematics, or a critical foreign language, or on behalf of a department or school with a competency-based degree program (in science, technology, engineering, mathematics, or a critical foreign language) that includes teacher certification, for use in carrying out activities assisted under this part.
The term “high-need local educational agency” means a local educational agency or educational service agency—
(A)(i) that serves not fewer than 10,000 children from low-income families;
(ii) for which not less than 20 percent of the children served by the agency are children from low-income families; or
(iii) with a total of less than 600 students in average daily attendance at the schools that are served by the agency and all of whose schools are designated with a school locale code of 41, 42, or 43, as determined by the Secretary; and
(B)(i) for which there is a high percentage of teachers providing instruction in academic subject areas or grade levels for which the teachers are not highly qualified; 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.
The term “highly qualified” has the meaning given such term in section 7801 of this title and, with respect to special education teachers, in section 1401 of this title.
The term “partnership” means a partnership that—
(A) shall include—
(i) an eligible recipient;
(ii)(I)(aa) a department within the eligible recipient that provides a program of study in science, technology, engineering, mathematics, or a critical foreign language; and
(bb) a school, department, or program of education within the eligible recipient, or a 2-year institution of higher education that has a teacher preparation offering or a dual enrollment program with the eligible recipient; or
(II) a department or school within the eligible recipient with a competency-based degree program (in science, technology, engineering, mathematics, or a critical foreign language) that includes teacher certification; and
(iii) not less than 1 high-need local educational agency and a public school or a consortium of public schools served by the agency; and
(B) may include a nonprofit organization that has a demonstrated record of providing expertise or support to meet the purposes of this part.
The term “teaching skills” means the ability to—
(A) increase student achievement and learning and increase a student's ability to apply knowledge;
(B) effectively convey and explain academic subject matter;
(C) employ strategies grounded in the disciplines of teaching and learning that—
(i) are based on scientifically valid research;
(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;
(D) conduct ongoing assessment of student learning;
(E) effectively manage a classroom; and
(F) communicate and work with parents and guardians, and involve parents and guardians in their children's education.
(Pub. L. 110–69, title VI, §6112, Aug. 9, 2007, 121 Stat. 626.)
From the amounts made available to carry out this section under section 9816(1) of this title and not reserved under section 9815(d) of this title for a fiscal year, the Secretary is authorized to award grants, on a competitive basis, to eligible recipients to enable partnerships served by the eligible recipients to develop and implement programs to provide courses of study in science, technology, engineering, mathematics, or critical foreign languages that—
(1) are integrated with teacher education; and
(2) lead to a baccalaureate degree in science, technology, engineering, mathematics, or a critical foreign language with concurrent teacher certification.
Each eligible recipient desiring a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. Each application shall—
(1) describe the program for which assistance is sought;
(2) describe how a department of science, technology, engineering, mathematics, or a critical foreign language participating in the partnership will ensure significant collaboration with a teacher preparation program in the development of undergraduate degrees in science, technology, engineering, mathematics, or a critical foreign language, with concurrent teacher certification, including providing student teaching and other clinical classroom experiences or how a department or school participating in the partnership with a competency-based degree program has ensured, in the development of a baccalaureate degree program in science, technology, engineering, mathematics, or a critical foreign language, the provision of concurrent teacher certification, including providing student teaching and other clinical classroom experiences;
(3) describe the high-quality research, laboratory, or internship experiences, integrated with coursework, that will be provided under the program;
(4) describe how members of groups that are underrepresented in the teaching of science, technology, engineering, mathematics, or critical foreign languages will be encouraged to participate in the program;
(5) describe how program participants will be encouraged to teach in schools determined by the partnership to be most in need, and the assistance in finding employment in such schools that will be provided;
(6) describe the ongoing activities and services that will be provided to graduates of the program;
(7) describe how the activities of the partnership will be coordinated with any activities funded through other Federal grants, and how the partnership will continue the activities assisted under the program when the grant period ends;
(8) describe how the partnership will assess the content knowledge and teaching skills of the program participants; and
(9) provide any other information the Secretary may reasonably require.
Priority shall be given to applications whose primary focus is on placing participants in high-need local educational agencies.
Each eligible recipient receiving a grant under this section shall use the grant funds to enable a partnership to develop and implement a program to provide courses of study in science, technology, engineering, mathematics, or a critical foreign language that—
(A) are integrated with teacher education programs that promote effective teaching skills; and
(B) lead to a baccalaureate degree in science, technology, engineering, mathematics, or a critical foreign language with concurrent teacher certification.
The program shall—
(A) provide high-quality research, laboratory, or internship experiences for program participants;
(B) provide student teaching or other clinical classroom experiences that—
(i) are integrated with coursework; and
(ii) lead to the participants’ ability to demonstrate effective teaching skills;
(C) if implementing a program in which program participants are prepared to teach science, technology, engineering, mathematics, or critical foreign language courses, include strategies for improving student literacy;
(D) encourage the participation of individuals who are members of groups that are underrepresented in the teaching of science, technology, engineering, mathematics, or critical foreign languages;
(E) encourage participants to teach in schools determined by the partnership to be most in need, and actively assist the participants in finding employment in such schools;
(F) offer training in the use of and integration of educational technology;
(G) collect data regarding and evaluate, using measurable objectives and benchmarks, the extent to which the program succeeded in—
(i) increasing the percentage of highly qualified mathematics, science, or critical foreign language teachers, including increasing the percentage of such teachers teaching in those schools determined by the partnership to be most in need;
(ii) improving student academic achievement in mathematics, science, and where applicable, technology and engineering;
(iii) increasing the number of students in secondary schools enrolled in upper level mathematics, science, and, where available, technology and engineering courses; and
(iv) increasing the numbers of elementary school and secondary school students enrolled in and continuing in critical foreign language courses;
(H) collect data on the employment placement and retention of all graduates of the program, including information on how many graduates are teaching and in what kinds of schools;
(I) provide ongoing activities and services to graduates of the program who teach elementary school or secondary school, by—
(i) keeping the graduates informed of the latest developments in their respective academic fields; and
(ii) supporting the graduates of the program who are employed in schools in the local educational agency participating in the partnership during the initial years of teaching through—
(I) induction programs;
(II) promotion of effective teaching skills; and
(III) providing opportunities for regular professional development; and
(J) develop recommendations to improve the school, department, or program of education participating in the partnership.
Each eligible recipient receiving a grant under this section shall collect and report to the Secretary annually such information as the Secretary may reasonably require, including—
(1) the number of participants in the program;
(2) information on the academic majors of participating students;
(3) the race, gender, income, and disability status of program participants;
(4) the placement of program participants as teachers in schools determined by the partnership to be most in need;
(5) the extent to which the program succeeded in meeting the objectives and benchmarks described in subsection (d)(2)(G); and
(6) the data collected under subparagraphs (G) and (H) of subsection (d)(2).
From the funds made available under section 9816(1) of this title, the Secretary may provide technical assistance to an eligible recipient developing a baccalaureate degree program with concurrent teacher certification, including technical assistance provided through a grant or contract awarded on a competitive basis to an institution of higher education or a technical assistance center.
Any activity under this section shall be carried out in compliance with section 1232g of this title (commonly known as the Family Educational Rights and Privacy Act of 1974).
In this section, the term “induction program” means a formalized program for new teachers during not less than the teachers’ first 2 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:
(1) High-quality teacher mentoring.
(2) Periodic, structured time for collaboration with teachers in the same department or field, as well as time for information-sharing among teachers, principals, administrators, and participating faculty in the partner institution.
(3) The application of empirically based practice and scientifically valid research on instructional practices.
(4) Opportunities for new teachers to draw directly upon the expertise of teacher mentors, faculty, and researchers to support the integration of empirically based practice and scientifically valid research with practice.
(5) The development of skills in instructional and behavioral interventions derived from empirically based practice and, where applicable, scientifically valid research.
(6) Faculty who—
(A) model the integration of research and practice in the classroom; and
(B) assist new teachers with the effective use and integration of technology in the classroom.
(7) Interdisciplinary collaboration among exemplary teachers, faculty, researchers, and other staff who prepare new teachers on the learning process and the assessment of learning.
(8) Assistance with the understanding of data, particularly student achievement data, and the data's applicability in classroom instruction.
(9) Regular evaluation of the new teacher.
(Pub. L. 110–69, title VI, §6113, Aug. 9, 2007, 121 Stat. 628.)
From the amounts made available to carry out this section under section 9816(2) of this title and not reserved under section 9815(d) of this title for a fiscal year, the Secretary is authorized to award grants, on a competitive basis, to eligible recipients to enable the partnerships served by the eligible recipients to develop and implement—
(1) 2- or 3-year part-time master's degree programs in science, technology, engineering, mathematics, or critical foreign language education for teachers in order to enhance the teacher's content knowledge and teaching skills; or
(2) programs for professionals in science, technology, engineering, mathematics, or a critical foreign language that lead to a 1-year master's degree in teaching that results in teacher certification.
Each eligible recipient desiring a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. Each application shall describe—
(1) how a department of science, technology, engineering, mathematics, or a critical foreign language will ensure significant collaboration with a school, department, or program of education in the development of the master's degree programs authorized under subsection (a), or how a department or school with a competency-based degree program has ensured, in the development of a master's degree program, the provision of rigorous studies in science, technology, engineering, mathematics, or a critical foreign language that enhance the teachers’ content knowledge and teaching skills;
(2) the role of the local educational agency in the partnership in developing and administering the program and how feedback from the local educational agency, school, and participants will be used to improve the program;
(3) how the program will help increase the percentage of highly qualified mathematics, science, or critical foreign language teachers, including increasing the percentage of such teachers teaching in schools determined by the partnership to be most in need;
(4) how the program will—
(A) improve student academic achievement in mathematics, science, and, where applicable, technology and engineering and increase the number of students taking upper-level courses in such subjects; or
(B) increase the numbers of elementary school and secondary school students enrolled and continuing in critical foreign language courses;
(5) how the program will prepare participants to become more effective science, technology, engineering, mathematics, or critical foreign language teachers;
(6) how the program will prepare participants to assume leadership roles in their schools;
(7) how teachers (or science, technology, engineering, mathematics, or critical foreign language professionals) who are members of groups that are underrepresented in the teaching of science, technology, engineering, mathematics, or critical foreign languages and teachers from schools determined by the partnership to be most in need will be encouraged to apply for and participate in the program;
(8) the ongoing activities and services that will be provided to graduates of the program;
(9) how the partnership will continue the activities assisted under the grant when the grant period ends;
(10) how the partnership will assess, during the program, the content knowledge and teaching skills of the program participants; and
(11) methods to ensure applicants to the master's degree program for professionals in science, technology, engineering, mathematics, or a critical foreign language demonstrate advanced knowledge in the relevant subject.
Each eligible recipient receiving a grant under this section shall use the grant funds to develop and implement a 2- or 3-year part-time master's degree program in science, technology, engineering, mathematics, or critical foreign language education for teachers in order to enhance the teachers’ content knowledge and teaching skills, or programs for professionals in science, technology, engineering, mathematics, or a critical foreign language that lead to a 1-year master's degree in teaching that results in teacher certification. The program shall—
(1) promote effective teaching skills so that program participants become more effective science, technology, engineering, mathematics, or critical foreign language teachers;
(2) prepare teachers to assume leadership roles in their schools by participating in activities such as teacher mentoring, development of curricula that integrate state of the art applications of science, technology, engineering, mathematics, or critical foreign language into the classroom, working with school administrators in establishing in-service professional development of teachers, and assisting in evaluating data and assessments to improve student academic achievement;
(3) use high-quality research, laboratory, or internship experiences for program participants that are integrated with coursework;
(4) provide student teaching or clinical classroom experience;
(5) if implementing a program in which participants are prepared to teach science, technology, engineering, mathematics, or critical foreign language courses, provide strategies for improving student literacy;
(6) align the content knowledge in the master's degree program with challenging student academic achievement standards and challenging academic content standards established by the State in which the program is conducted;
(7) encourage the participation of—
(A) individuals who are members of groups that are underrepresented in the teaching of science, technology, engineering, mathematics, or critical foreign languages;
(B) members of the Armed Forces who are transitioning to civilian life; and
(C) teachers teaching in schools determined by the partnership to be most in need;
(8) offer tuition assistance, based on need, as appropriate;
(9) create opportunities for enhanced and ongoing professional development for teachers that improves the science, technology, engineering, mathematics, and critical foreign language content knowledge and teaching skills of such teachers; and
(10) evaluate and report on the impact of the program, in accordance with subsection (d).
Each eligible recipient receiving a grant under this section shall evaluate, using measurable objectives and benchmarks, and provide an annual report to the Secretary regarding, the extent to which the program assisted under this section succeeded in the following:
(1) Increasing the number and percentage of science, technology, engineering, mathematics, or critical foreign language teachers who have a master's degree and meet 1 or more of the following requirements:
(A) Are teaching in schools determined by the partnership to be most in need, and taught in such schools prior to participation in the program.
(B) Are teaching in schools determined by the partnership to be most in need, and did not teach in such schools prior to participation in the program.
(C) Are members of a group underrepresented in the teaching of science, technology, engineering, mathematics, or a critical foreign language.
(2) Bringing professionals in science, technology, engineering, mathematics, or a critical foreign language into the field of teaching.
(3) Retaining teachers who participate in the program.
(Pub. L. 110–69, title VI, §6114, Aug. 9, 2007, 121 Stat. 631.)
The Secretary shall award each grant under this part for a period of not more than 5 years.
Each eligible recipient that receives a grant under this part shall provide, from non-Federal 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.
Grant funds provided under this part shall be used to supplement, and not supplant, other Federal or State funds.
From amounts made available for any fiscal year under section 9816 of this title, the Secretary shall reserve such sums as may be necessary—
(1) to provide for the conduct of an annual independent evaluation, by grant or by contract, of the activities assisted under this part, which shall include an assessment of the impact of the activities on student academic achievement; and
(2) to prepare and submit an annual report on the results of the evaluation described in paragraph (1) to the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Education and Labor of the House of Representatives, and the Committees on Appropriations of the Senate and House of Representatives.
(Pub. L. 110–69, title VI, §6115, Aug. 9, 2007, 121 Stat. 634.)
Committee on Education and Labor of House of Representatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.
There are authorized to be appropriated to carry out this part $4,000,000 for each of fiscal years 2011 through 2013, of which—
(1) $2,000,000 shall be available to carry out section 9813 of this title for each of fiscal years 2011 through 2013; and
(2) $2,000,000 shall be available to carry out section 9814 of this title for each of fiscal years 2011 through 2013.
(Pub. L. 110–69, title VI, §6116, Aug. 9, 2007, 121 Stat. 634; Pub. L. 111–358, title X, §1003(a), Jan. 4, 2011, 124 Stat. 4048.)
2011—Pub. L. 111–358 amended section generally. Prior to amendment, text read as follows: “There are authorized to be appropriated to carry out this section $276,200,000 for fiscal year 2008, and such sums as may be necessary for each of the 2 succeeding fiscal years, of which—
“(1) $151,200,000 shall be available to carry out section 9813 of this title for fiscal year 2008 and each succeeding fiscal year; and
“(2) $125,000,000 shall be available to carry out section 9814 of this title for fiscal year 2008 and each succeeding fiscal year.”
It is the purpose of this part—
(1) to raise academic achievement through Advanced Placement and International Baccalaureate programs by increasing, by 70,000, over a 4-year period beginning in 2008, the number of teachers serving high-need schools who are qualified to teach Advanced Placement or International Baccalaureate courses in mathematics, science, and critical foreign languages;
(2) to increase, to 700,000 per year, the number of students attending high-need schools who—
(A) take and score a 3, 4, or 5 on an Advanced Placement examination in mathematics, science, or a critical foreign language administered by the College Board; or
(B) achieve a passing score on an examination administered by the International Baccalaureate Organization in such a subject;
(3) to increase the availability of, and enrollment in, Advanced Placement or International Baccalaureate courses in mathematics, science, and critical foreign languages, and pre-Advanced Placement or pre-International Baccalaureate courses in such subjects, in high-need schools; and
(4) to support statewide efforts to increase the availability of, and enrollment in, Advanced Placement or International Baccalaureate courses in mathematics, science, and critical foreign languages, and pre-Advanced Placement or pre-International Baccalaureate courses in such subjects, in high-need schools.
(Pub. L. 110–69, title VI, §6121, Aug. 9, 2007, 121 Stat. 634.)
In this part:
The term “Advanced Placement or International Baccalaureate course” means—
(A) a course of college-level instruction provided to secondary school students, terminating in an examination administered by the College Board or the International Baccalaureate Organization, or another such examination approved by the Secretary; or
(B) another highly rigorous, evidence-based, postsecondary preparatory program terminating in an examination administered by another nationally recognized educational organization that has a demonstrated record of effectiveness in assessing secondary school students, or another such examination approved by the Secretary.
The term “eligible entity” means—
(A) a State educational agency;
(B) a local educational agency; or
(C) a partnership consisting of—
(i) a national, regional, or statewide nonprofit organization, with expertise and experience in providing Advanced Placement or International Baccalaureate services; and
(ii) a State educational agency or local educational agency.
The term “low-income student” has the meaning given the term “low-income individual” in section 6537(3) of this title.
The term “high concentration of low-income students” has the meaning given the term in section 6537(2) of this title.
The term “high-need local educational agency” means a local educational agency or educational service agency described in 9812(3)(A) 1 of this title.
The term “high-need school” means a secondary school—
(A) with a pervasive need for Advanced Placement or International Baccalaureate courses in mathematics, science, or critical foreign languages, or for additional Advanced Placement or International Baccalaureate courses in such a subject; and
(B)(i) with a high concentration of low-income students; or
(ii) designated with a school locale code of 41, 42, or 43, as determined by the Secretary.
(Pub. L. 110–69, title VI, §6122, Aug. 9, 2007, 121 Stat. 635.)
1 So in original. Probably should be preceded by “section”.
From the amounts appropriated under subsection (l), the Secretary is authorized to award grants, on a competitive basis, to eligible entities to enable the eligible entities to carry out the authorized activities described in subsection (g).
The Secretary may award grants under this section for a period of not more than 5 years.
The Secretary shall coordinate the activities carried out under this section with the activities carried out under section 6535 of this title.
In awarding grants under this section, the Secretary shall give priority to eligible entities that are part of a statewide strategy for increasing—
(1) the availability of Advanced Placement or International Baccalaureate courses in mathematics, science, and critical foreign languages, and pre-Advanced Placement or pre-International Baccalaureate courses in such subjects, in high-need schools; and
(2) the number of students who participate in Advanced Placement or International Baccalaureate courses in mathematics, science, and critical foreign language in high-need schools, and take and score a 3, 4, or 5 on an Advanced Placement examination in such a subject, or pass an examination administered by the International Baccalaureate Organization in such a subject in such schools.
The Secretary, to the extent practicable, shall—
(1) ensure an equitable geographic distribution of grants under this section among the States; and
(2) promote an increase in participation in Advanced Placement or International Baccalaureate mathematics, science, and critical foreign language courses and examinations in all States.
Each eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require.
The application shall, at a minimum, include a description of—
(A) the goals and objectives for the project, including—
(i) increasing the number of teachers serving high-need schools who are qualified to teach Advanced Placement or International Baccalaureate courses in mathematics, science, or critical foreign languages;
(ii) increasing the number of qualified teachers serving high-need schools who are teaching Advanced Placement or International Baccalaureate courses in mathematics, science, or critical foreign languages to students in the high-need schools;
(iii) increasing the number of Advanced Placement or International Baccalaureate courses in mathematics, science, and critical foreign languages that are available to students attending high-need schools; and
(iv) increasing the number of students attending a high-need school, particularly low-income students, who enroll in and pass—
(I) Advanced Placement or International Baccalaureate courses in mathematics, science, or critical foreign languages; and
(II) pre-Advanced Placement or pre-International Baccalaureate courses in such a subject (where provided in accordance with subparagraph (B));
(B) how the eligible entity will ensure that students have access to courses, including pre-Advanced Placement and pre-International Baccalaureate courses, that will prepare the students to enroll and succeed in Advanced Placement or International Baccalaureate courses in mathematics, science, or critical foreign languages;
(C) how the eligible entity will provide professional development for teachers assisted under this section;
(D) how the eligible entity will ensure that teachers serving high-need schools are qualified to teach Advanced Placement or International Baccalaureate courses in mathematics, science, or critical foreign languages;
(E) how the eligible entity will provide for the involvement of business and community organizations and other entities, including institutions of higher education, in the activities to be assisted; and
(F) how the eligible entity will use funds received under this section, including how the eligible entity will evaluate the success of its project.
Each eligible entity that receives a grant under this section shall use the grant funds to carry out activities designed to increase—
(A) the number of qualified teachers serving high-need schools who are teaching Advanced Placement or International Baccalaureate courses in mathematics, science, or critical foreign languages; and
(B) the number of students attending high-need schools who enroll in, and pass, the examinations for such Advanced Placement or International Baccalaureate courses.
The activities described in paragraph (1) may include—
(A) teacher professional development, in order to expand the pool of teachers in the participating State, local educational agency, or high-need school who are qualified to teach Advanced Placement or International Baccalaureate courses in mathematics, science, or critical foreign languages;
(B) pre-Advanced Placement or pre-International Baccalaureate course development and professional development;
(C) coordination and articulation between grade levels to prepare students to enroll and succeed in Advanced Placement or International Baccalaureate courses in mathematics, science, or critical foreign languages;
(D) purchase of instructional materials;
(E) activities to increase the availability of, and participation in, online Advanced Placement or International Baccalaureate courses in mathematics, science, and critical foreign languages;
(F) reimbursing low-income students attending high-need schools for part or all of the cost of Advanced Placement or International Baccalaureate examination fees;
(G) carrying out subsection (j), relating to collecting and reporting data;
(H) in the case of a State educational agency that receives a grant under this section, awarding subgrants to local educational agencies to enable the local educational agencies to carry out authorized activities described in subparagraphs (A) through (G); and
(I) providing salary increments or bonuses to teachers serving high-need schools who—
(i) become qualified to teach, and teach, Advanced Placement or International Baccalaureate courses in mathematics, science, or a critical foreign language; or
(ii) increase the number of low-income students, who take Advanced Placement or International Baccalaureate examinations in mathematics, science, or a critical foreign language with the goal of successfully passing such examinations.
Subject to paragraph (2), each eligible entity that receives a grant under this section shall provide, toward the cost of the activities assisted under the grant, from non-Federal sources, an amount equal to 100 percent of the amount of the grant, except that an eligible entity that is a high-need local educational agency shall provide an amount equal to not more than 50 percent of the amount of the grant.
The Secretary may waive all or part of the matching requirement described in paragraph (1) for any fiscal year for an eligible entity described in subparagraph (A) or (B) of section 9832(2) of this title, if the Secretary determines that applying the matching requirement to such eligible entity would result in serious hardship or an inability to carry out the authorized activities described in subsection (g).
Grant funds provided under this section shall be used to supplement, not supplant, other Federal and non-Federal funds available to carry out the activities described in subsection (g).
Each eligible entity receiving a grant under this section shall collect and report to the Secretary annually such data on the results of the grant as the Secretary may reasonably require, including data regarding—
(A) the number of students enrolling in Advanced Placement or International Baccalaureate courses in mathematics, science, or a critical foreign language, and pre-Advanced Placement or pre-International Baccalaureate courses in such a subject, by the grade the student is enrolled in, and the distribution of grades those students receive;
(B) the number of students taking Advanced Placement or International Baccalaureate examinations in mathematics, science, or a critical foreign language, and the distribution of scores on those examinations by the grade the student is enrolled in at the time of the examination;
(C) the number of teachers receiving training in teaching Advanced Placement or International Baccalaureate courses in mathematics, science, or a critical foreign language who will be teaching such courses in the next school year;
(D) the number of teachers becoming qualified to teach Advanced Placement or International Baccalaureate courses in mathematics, science, or a critical foreign language; and
(E) the number of qualified teachers who are teaching Advanced Placement or International Baccalaureate courses in mathematics, science, or critical foreign languages to students in a high-need school.
Each eligible entity receiving a grant under this section shall report data required under paragraph (1)—
(A) disaggregated by subject area;
(B) in the case of student data, disaggregated in the same manner as information is disaggregated under section 6311(h)(1)(C)(i) of this title; and
(C) to the extent feasible, in a manner that allows comparison of conditions before, during, and after the project.
From the amount made available for any fiscal year under subsection (l), the Secretary shall reserve such sums as may be necessary—
(1) to conduct an annual independent evaluation, by grant or by contract, of the program carried out under this section, which shall include an assessment of the impact of the program on student academic achievement; and
(2) to prepare and submit an annual report on the results of the evaluation described in paragraph (1) to the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Education and Labor of the House of Representatives, and the Committees on Appropriations of the Senate and House of Representatives.
There are authorized to be appropriated to carry out this section $75,000,000 for each of fiscal years 2011 through 2013.
(Pub. L. 110–69, title VI, §6123, Aug. 9, 2007, 121 Stat. 636; Pub. L. 111–358, title X, §1003(b), Jan. 4, 2011, 124 Stat. 4048.)
2011—Subsec. (h)(1). Pub. L. 111–358, §1003(b)(1), substituted “50” for “100” and “100” for “200”.
Subsec. (l). Pub. L. 111–358, §1003(b)(2), added subsec. (l) and struck out former subsec. (l). Prior to amendment, text read as follows: “There are authorized to be appropriated to carry out this section $75,000,000 for fiscal year 2008, and such sums as may be necessary for each of the 2 succeeding fiscal years.”
Committee on Education and Labor of House of Representatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.
Section, Pub. L. 110–69, title VI, §6131, Aug. 9, 2007, 121 Stat. 640, related to promising practices in K–12 STEM teaching and learning.
Section 9851, Pub. L. 110–69, title VI, §6201, Aug. 9, 2007, 121 Stat. 642, related to Math Now for elementary school and middle school students program.
Section 9852, Pub. L. 110–69, title VI, §6202, Aug. 9, 2007, 121 Stat. 649, related to summer term education programs.
Section 9853, Pub. L. 110–69, title VI, §6203, Aug. 9, 2007, 121 Stat. 653, related to math skills for secondary school students.
Section 9854, Pub. L. 110–69, title VI, §6204, Aug. 9, 2007, 121 Stat. 662, related to peer review of State applications.
Section 9861, Pub. L. 110–69, title VI, §6301, Aug. 9, 2007, 121 Stat. 664, related to congressional findings and purpose.
Section 9862, Pub. L. 110–69, title VI, §6302, Aug. 9, 2007, 121 Stat. 664, related to definitions.
Section 9863, Pub. L. 110–69, title VI, §6303, Aug. 9, 2007, 121 Stat. 664, related to program authorization.
Section 9864, Pub. L. 110–69, title VI, §6304, Aug. 9, 2007, 121 Stat. 667, related to authorization of appropriations.
Subtitle D of title VI of Pub. L. 110–69, comprising this subchapter, was redesignated subtitle B of title VI of Pub. L. 110–69 by Pub. L. 111–358, title X, §1002(b)(2), Jan. 4, 2011, 124 Stat. 4048.
It is the purpose of this section—
(1) to promote more accountability with respect to preparation for higher education, the 21st century workforce, and the Armed Forces, by aligning—
(A) student knowledge, student skills, State academic content standards and assessments, and curricula, in elementary and secondary education, especially with respect to mathematics, science, reading, and, where applicable, engineering and technology; with
(B) the demands of higher education, the 21st century workforce, and the Armed Forces;
(2) to support the establishment or improvement of statewide P–16 education data systems that—
(A) assist States in improving the rigor and quality of State academic content standards and assessments;
(B) ensure students are prepared to succeed in—
(i) academic credit-bearing coursework in higher education without the need for remediation;
(ii) the 21st century workforce; or
(iii) the Armed Forces; and
(3) enable 1 States to have valid and reliable information to inform education policy and practice.
In this section:
The term “P–16 education” means the educational system from preschool through the conferring of a baccalaureate degree.
The term “statewide partnership” means a partnership that—
(A) shall include—
(i) the Governor of the State or the designee of the Governor;
(ii) the heads of the State systems for public higher education, or, if such a position does not exist, not less than 1 representative of a public degree-granting institution of higher education;
(iii) a representative of the agencies in the State that administer Federal or State-funded early childhood education programs;
(iv) not less than 1 representative of a public community college;
(v) not less than 1 representative of a technical school;
(vi) not less than 1 representative of a public secondary school;
(vii) the chief State school officer;
(viii) the chief executive officer of the State higher education coordinating board;
(ix) not less than 1 public elementary school teacher employed in the State;
(x) not less than 1 early childhood educator in the State;
(xi) not less than 1 public secondary school teacher employed in the State;
(xii) not less than 1 representative of the business community in the State; and
(xiii) not less than 1 member of the Armed Forces; and
(B) may include other individuals or representatives of other organizations, such as a school administrator, a faculty member at an institution of higher education, a member of a civic or community organization, a representative from a private institution of higher education, a dean or similar representative of a school of education at an institution of higher education or a similar teacher certification or licensure program, or the State official responsible for economic development.
The Secretary is authorized to award grants, on a competitive basis, to States to enable each such State to work with a statewide partnership—
(1) to promote better alignment of content knowledge requirements for secondary school graduation with the knowledge and skills needed to succeed in postsecondary education, the 21st century workforce, or the Armed Forces; or
(2) to establish or improve a statewide P–16 education data system.
The Secretary shall award a grant under this section for a period of not more than 3 years.
The Secretary shall not award a State more than 1 grant under this section.
Each State receiving a grant under subsection (c)(1)—
(A) shall use the grant funds for—
(i) identifying and describing the content knowledge and skills students who enter institutions of higher education, the workforce, and the Armed Forces need to have in order to succeed without any remediation based on detailed requirements obtained from institutions of higher education, employers, and the Armed Forces;
(ii) identifying and making changes that need to be made to a State's secondary school graduation requirements, academic content standards, academic achievement standards, and assessments preceding graduation from secondary school in order to align the requirements, standards, and assessments with the knowledge and skills necessary for success in academic credit-bearing coursework in postsecondary education, in the 21st century workforce, and in the Armed Forces without the need for remediation;
(iii) convening stakeholders within the State and creating a forum for identifying and deliberating on education issues that—
(I) involve preschool through grade 12 education, postsecondary education, the 21st century workforce, and the Armed Forces; and
(II) transcend any single system of education's ability to address; and
(iv) implementing activities designed to ensure the enrollment of all elementary school and secondary school students in rigorous coursework, which may include—
(I) specifying the courses and performance levels necessary for acceptance into institutions of higher education; and
(II) developing or providing guidance to local educational agencies within the State on the adoption of curricula and assessments aligned with State academic content standards, which assessments may be used as measures of student academic achievement in secondary school as well as for entrance or placement at institutions of higher education, including through collaboration with institutions of higher education in, or State educational agencies serving, other States; and
(B) may use the grant funds for—
(i) developing and making available specific opportunities for extensive professional development for teachers, paraprofessionals, principals, and school administrators, including collection and dissemination of effective teaching practices to improve instruction and instructional support mechanisms;
(ii) identifying changes in State academic content standards, academic achievement standards, and assessments for students in grades preceding secondary school in order to ensure such standards and assessments are appropriately aligned and adequately reflect the content needed to prepare students to enter secondary school;
(iii) developing a plan to provide remediation and additional learning opportunities for students who are performing below grade level to ensure that all students will have the opportunity to meet secondary school graduation requirements;
(iv) identifying and addressing teacher certification needs; or
(v) incorporating 21st century learning skills into the State plan, which skills shall include critical thinking, problem solving, communication, collaboration, global awareness, and business and financial literacy.
Each State that receives a grant under subsection (c)(2) shall establish a statewide P–16 education longitudinal data system that—
(i) provides each student, upon enrollment in a public elementary school or secondary school in the State, with a unique identifier, such as a bar code, that—
(I) does not permit a student to be individually identified by users of the system; and
(II) is retained throughout the student's enrollment in P–16 education in the State; and
(ii) meets the requirements of subparagraphs (B) through (E).
Each State that receives a grant under subsection (c)(2) for the improvement of a statewide P–16 education data system may employ, coordinate, or revise an existing statewide data system to establish a statewide longitudinal P–16 education data system that meets the requirements of subparagraph (A), if the statewide longitudinal P–16 education data system produces valid and reliable data.
Each State that receives a grant under subsection (c)(2) shall implement measures to—
(I) ensure that the statewide P–16 education data system meets the requirements of section 1232g of this title (commonly known as the Family Educational Rights and Privacy Act of 1974);
(II) limit the use of information in the statewide P–16 education data system by institutions of higher education and State or local educational agencies or institutions to the activities set forth in paragraph (1) or State law regarding education, consistent with the purposes of this subchapter;
(III) prohibit the disclosure of personally identifiable information except as permitted under section 1232g of this title and any additional limitations set forth in State law;
(IV) keep an accurate accounting of the date, nature, and purpose of each disclosure of personally identifiable information in the statewide P–16 education data system, a description of the information disclosed, and the name and address of the person, agency, institution, or entity to whom the disclosure is made, which accounting shall be made available on request to parents of any student whose information has been disclosed;
(V) notwithstanding section 1232g of this title, require any non-governmental party obtaining personally identifiable information to sign a data use agreement prior to disclosure that—
(aa) prohibits the party from further disclosing the information;
(bb) prohibits the party from using the information for any purpose other than the purpose specified in the agreement; and
(cc) requires the party to destroy the information when the purpose for which the disclosure was made is accomplished;
(VI) maintain adequate security measures to ensure the confidentiality and integrity of the statewide P–16 education data system, such as protecting a student record from identification by a unique identifier;
(VII) where rights are provided to parents under this clause, provide those rights to the student instead of the parent if the student has reached the age of 18 or is enrolled in a postsecondary educational institution; and
(VIII) ensure adequate enforcement of the requirements of this clause.
It shall be unlawful for any Federal, State, or local governmental agency to use the unique identifiers employed in the statewide P–16 education data systems for any purpose other than as authorized by Federal or State law regarding education, or to deny any individual any right, benefit, or privilege provided by law because of such individual's refusal to disclose the individual's unique identifier.
Not later than 180 days after August 9, 2007, the Secretary shall promulgate regulations governing the use by governmental and non-governmental entities of the unique identifiers employed in statewide P–16 education data systems, including, where necessary, regulations requiring States desiring grants for statewide P–16 education data systems under this section to implement specified measures, with the goal of safeguarding individual privacy to the maximum extent practicable consistent with the uses of the information authorized in this Act or other Federal or State law regarding education.
The State shall ensure that the statewide P–16 education data system includes the following elements:
With respect to preschool through grade 12 education and postsecondary education—
(I) a unique statewide student identifier that does not permit a student to be individually identified by users of the system;
(II) student-level enrollment, demographic, and program participation information;
(III) student-level information about the points at which students exit, transfer in, transfer out, drop out, or complete P–16 education programs;
(IV) the capacity to communicate with higher education data systems; and
(V) a State data audit system assessing data quality, validity, and reliability.
With respect to preschool through grade 12 education—
(I) yearly test records of individual students with respect to assessments under section 6311(b) of this title;
(II) information on students not tested by grade and subject;
(III) a teacher identifier system with the ability to match teachers to students;
(IV) student-level transcript information, including information on courses completed and grades earned; and
(V) student-level college readiness test scores.
With respect to postsecondary education, data that provide—
(I) information regarding the extent to which students transition successfully from secondary school to postsecondary education, including whether students enroll in remedial coursework; and
(II) other information determined necessary to address alignment and adequate preparation for success in postsecondary education.
In implementing the statewide P–16 education data system, the State shall—
(i) identify factors that correlate to students’ ability to successfully engage in and complete postsecondary-level general education coursework without the need for prior developmental coursework;
(ii) identify factors to increase the percentage of low-income and minority students who are academically prepared to enter and successfully complete postsecondary-level general education coursework; and
(iii) use the data in the system to otherwise inform education policy and practice in order to better align State academic content standards, and curricula, with the demands of postsecondary education, the 21st century workforce, and the Armed Forces.
Each State desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require.
Each application submitted under this section shall specify whether the State application is for the conduct of P–16 education alignment activities, or the establishment or improvement of a statewide P–16 education data system. The application shall include, at a minimum, the following:
(A) A description of the activities and programs to be carried out with the grant funds and a comprehensive plan for carrying out the activities.
(B) A description of how the concerns and interests of the larger education community, including parents, students, teachers, teacher educators, principals, and preschool administrators 2 will be represented in carrying out the authorized activities described in subsection (e).
(C) In the case of a State applying for funding for P–16 education alignment, a description of how the State will provide assistance to local educational agencies in implementing rigorous State academic content standards, substantive curricula, remediation, and acceleration opportunities for students, as well as other changes determined necessary by the State.
(D) In the case of a State applying for funding to establish or improve a statewide P–16 education data system—
(i) a description of the privacy protection and enforcement measures that the State has implemented or will implement pursuant to subsection (e)(2)(C), and assurances that these measures will be in place prior to the establishment or improvement of the statewide P–16 education data system; and
(ii) an assurance that the State will continue to fund the statewide P–16 education data system after the end of the grant period.
Grant funds provided under this section shall be used to supplement, not supplant, other Federal, State, and local funds available to carry out the authorized activities described in subsection (e).
Each State that receives a grant under this section shall provide, from non-Federal sources, an amount equal to 100 percent of the amount of the grant, in cash or in kind, to carry out the activities supported by the grant.
Nothing in this section shall be construed to require States to provide raw data to the Secretary.
Nothing in this section shall be construed to affect any private school that does not receive funds or services under this Act or any home school, whether or not the home school is treated as a home school or a private school under State law, including imposing new requirements for students educated through a home school seeking admission to institutions of higher education.
There are authorized to be appropriated to carry out this section $120,000,000 for each of fiscal years 2011 and 2012.
(Pub. L. 110–69, title VI, §6201, formerly §6401, Aug. 9, 2007, 121 Stat. 668; renumbered §6201 and amended Pub. L. 111–358, title X, §§1002(b)(3), 1003(c), Jan. 4, 2011, 124 Stat. 4048, 4049.)
This Act, referred to in subsecs. (e)(2)(C)(ii)(II) and (i)(2), is Pub. L. 110–69, Aug. 9, 2007, 121 Stat. 572, known as the America COMPETES Act, and also as the America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science Act. For complete classification of this Act to the Code, see Short Title note set out under section 9801 of this title and Tables.
A prior section 6201 of Pub. L. 110–69 was classified to section 9851 of this title prior to repeal by Pub. L. 111–358.
2011—Subsec. (j). Pub. L. 111–358, §1003(c), amended subsec. (j) generally. Prior to amendment, text read as follows: “There are authorized to be appropriated to carry out this section $120,000,000 for fiscal year 2008 and such sums as may be necessary for fiscal year 2009.”
1 So in original. Probably should be “to enable”.
2 So in original. Probably should be followed by a comma.
Section 9881, Pub. L. 110–69, title VI, §6501, Aug. 9, 2007, 121 Stat. 674, related to mathematics and science partnership bonus grants.
Section 9882, Pub. L. 110–69, title VI, §6502, Aug. 9, 2007, 121 Stat. 675, related to authorization of appropriations.